ENVIRONMENT AND NATURAL RESOURCES
Section 1. [Summary of appropriations] provides a summary of the approximately $664.0 million in direct appropriations for the biennium in this article.
Section 2. [Environment and natural resources appropriations] provides the boilerplate language for the interpretation of the biennial appropriations in this article.
Section 3. [Pollution Control Agency] directly appropriates approximately $158.8 million to the Pollution Control Agency (PCA) for the next biennium.
Section 4. [Department of Natural Resources] directly appropriates approximately $450.3 million to the Department of Natural Resources (DNR) for the next biennium.
Section 5. [Board of Water and Soil Resources] directly appropriates approximately $25.1 million to the Board of Water and Soil Resources (BWSR) for the next biennium.
Section 6. [Metropolitan parks] directly appropriates approximately $17.1 million to the Metropolitan Council for Metropolitan Parks for the next biennium.
Section 7. [Conservation Corps Minnesota] directly appropriates $1.6 million to Conservation Corps Minnesota for the next biennium.
Section 8. [Minnesota Zoo] directly appropriates approximately $11.2 million to the Minnesota Zoo for the next biennium.
Section 9. [Effective Date] makes this article effective retroactively from July 1, 2011.
ENERGY, COMMERCE, AND CONSUMER PROTECTION FINANCING
Section 1. [Summary of Appropriations] provides a summary of the approximately $59.4 million in direct appropriations for the next biennium.
Section 2. [Energy Finance Appropriations] provides the boilerplate language for the interpretations of the biennial appropriations in the bill.
Section 3. [Department of Commerce] directly appropriates approximately $47.0 million to the Department of Commerce for the next biennium.
Section 4. [Telecommunication Acccess Minnesota] allocates $1.4 million from the telecommunication access Minnesota fund for the next biennium.
Section 5. [Public Utilities Commission] directly appropriates approximately $12.4 million for the next biennium.
Section 6. [Transfers] transfers $3.4 million from various accounts in the special revenue fund to the general fund.
Section 7. [Transfer, Assigned Risk Plan] makes transfers from the assigned risk plan to the general fund in a total amount of $13.742 million.
Section 8. [Transfers In] $1.756 million is credited to the general fund through cancellations of balances of appropriations from the renewable development fund.
Section 9. [Cancellation] cancels $700,000 from a 2007 appropriation for a grant to the St. Paul Port Authority.
Section 10. [Community Energy Activities; Assessment and Grant] directs the Commissioner of Commerce to make a $500,000 grant for the purposes of community energy technical assistance and outreach. The grant money is made available through an assessment on energy utilities.
Section 11. [Effective date] makes this article effective retroactively from July 1, 2011.
ENVIRONMENT AND NATURAL RESOURCES TRUST FUND
Article 3 contains an amended version of the recommendations from the Legislative-Citizen Commission on Minnesota Resources (LCCMR). The article appropriates approximately $51.4 million to various entities for the next biennium. This article is effective retroactively from July 1, 2011.
Section 1. [Advisory Committee for Technology Standards for Accessibility and Usability] creates an Advisory Committee for Technology Standards for Accessibility and Usability of ten members.
Section 2. [LAWCON recodification] recodifies the statutory language on federal land and water conservation (LAWCON) funds.
Section 3. [Invasive species account transfers] transfers $750,000 each year from the water recreation account to the invasive species account.
Section 4. [Deposit of fees] removes the $25,000/year cap on expenditures from sales, rentals, or leases in state parks.
Section 5. [Forest management investment account; certification] provides for the certification of costs for forestry activities on state-managed lands. The amount certified will be deposited into the forest management investment account.
Section 6. [Forest management investment account; revenue] adds certifications as revenue to the forest management investment account.
Section 7. [Forest campground fees] provides for the deposit and appropriation of forest campground fees in the natural resources fund.
Section 8. [Mining administrative account] provides for a statutory appropriation from the mining administrative account.
Section 9. [Peace officer training account] creates the peace officer training account for deposit of the DNR’s portion of the proceeds from a surcharge on criminal and traffic offenders.
Section 10. [Certified costs on game and fish lands] provides for the transfer of money from the game and fish fund to the forest management investment account for certified forestry costs on game and fish lands.
Sections 11 to 12. [Stamp and surcharge accounts] provides for statutory appropriations from the stamp and surcharge accounts in the game and fish fund.
Section 13. [Water management account] creates the water management account in the natural resources fund for the deposit of revenue from water permits, penalties, and other receipts.
Section 14. [Water appropriation permits] provides for the deposit of water appropriation permit fees in the new water management account.
Section 15. [Public waters permit fees] provides for the deposit of public waters work permit fees in the new water management account.
Section 16. [Aquatic plant management permits] places a $2,500 cap on aquatic plant management permits.
Sections 17 to 18. [E-waste fees] directs the deposit of e-waste fees in the environmental fund instead of a special account. These sections also make a number of technical changes to conform with this change and remove obsolete provisions.
Section 19. [Petrofund] allows recovery from the petroleum tank release cleanup program for a facility owned by a person engaged in the business of storing used oil primarily for sales to end users.
Section 20. [Petrofund] extends the repealer on the petroleum tank release cleanup program until June 30, 2017.
Section 21. [NPDES permits for feedlots] provides that a NPDES permit for a feedlot is required only if the feedlot is required to have one under federal law. Feedlots with over 1,000 animal units that are not required to have an NPDES permit may request a NPDES permit issued by the PCA. This section also makes a number of conforming changes.
Section 22. [Pasture] provides that the term “pasture” includes agricultural land where livestock are allowed to forage in the winter.
Section 23. [LAWCON recommendations] eliminates the responsibility of the LCCMR to recommend appropriations from federal LAWCON funding.
Sections 24 to 25. [Nongame wildlife checkoff] eliminate the requirement for the DNR to submit a work program to the LCCMR for the nongame wildlife checkoff.
Section 26. [CIBRS DNR Enforcement Division] includes the DNR Enforcement Division as a law enforcement agency for the purposes of the Comprehensive Incident-Based Reporting System (CIBRS) managed by the Bureau of Criminal Apprehension.
Section 27. [DNR peace officer training] provides for the deposit of the DNR’s portion of the proceeds from a surcharge on criminal and traffic offenders in the DNR’s account.
Section 28. [Silencers for wildlife control operations] removes the sunset and the limitations on the number of silencers for the DNR to have for wildlife control operations that require stealth. This section also removes the requirement for the commissioner of natural resources to have direct control of the silencers.
Section 29. [Sales of state land] delays the 2005 law requiring sales of state land for general fund purposes to June 30, 2013.
Section 30. [State tree nurseries] directs the DNR to provide a business plan for state tree nurseries and not sell trees to private landowners unless the land is protected by a conservation easement.
Section 31. [Coordination of phosphorus; Minnesota and Wisconsin] directs the PCA to work with Wisconsin on determining a phosphorous standard relating to Lake Pepin. The PCA shall advocate for standards that apply during the June to September growing season. This is from SF 161 (Pederson).
Section 32. [Wild rice rulemaking and research] directs the PCA commissioner to conduct research and rulemaking on water quality standards for sulfates in natural beds of wild rice and irrigation waters for wild rice crops. The PCA commissioner shall create an advisory group and begin conducting research on sulfates and wild rice. After completion of the research, the PCA commissioner shall amend the rules based on the research. By December 15, 2011, the PCA commissioner shall report to the chairs and ranking minority members of the environment and natural resources committees on the timeline for the research and first rulemaking. Until the final rules are completed, the PCA, to the extent allowed under the federal Clean Water Act, shall not require the expenditure of money for sulfate control.
Section 33. [Evaluation of state and local water programs] directs the PCA to evaluate state and local water-related statutes, rules, and governing structures to streamline, strengthen, and improve sustainable water management. The commissioner shall report on the evaluation by January 15, 2013.
Section 34. [Mississippi River management plan] provides an exemption from the Mississippi River management plan for the historic village of Dayton.
Section 35. [PILT Report] directs the DNR to work with stakeholders to develop a report on payment in lieu of taxes (PILT). The report is due by December 1, 2012.
Section 36. [Repealer] repeals Minnesota Statutes, sections:
84.027, subdivision 11 – LAWCON reference; and
116P.14 – existing LAWCON statute.
Section 37. [Effective date] makes this article effective retroactively from July 1, 2011.
GAME AND FISH POLICY
Section 1 [Compensation for elk damage] adds fence damage and destruction by elk as eligible for compensation under the elk damage compensation program.
Section 2 [State contract restrictions; aquaculture exception] provides that the $100,000 limitation on annual contracts does not apply to a private aquaculture business involved in state stocking contracts.
Section 3 [Containment facility definition] modifies the definition of “containment facility” for the purposes of the aquaculture laws to include species on the viral hemorrhagic septicemia (VHS) susceptible list.
Section 4 [Fish collector definition] adds a definition of “fish collector” for the purposes of the aquaculture laws.
Section 5 [Fish health inspection definition] broadens the definition of “fish health inspection” for the purposes of the aquaculture laws to include aquatic animal diseases.
Section 6 [Fish health inspector definition] broadens the definition of “fish health inspector” for the purposes of the aquaculture laws to broaden the term to include a person certified as an aquatic animal health inspector.
Section 7 [Fish sample collecting] provides for fish collector training and certification.
Section 8 [Fish health inspection] adds a fish health inspection requirement for species on the VHS susceptible list when there is a discharge to public waters.
Section 9 [Sales of fish eggs and fry by the state] removes the two percent cap on fish egg and fry sales and expands the program to allow barter.
Section 10 [Sucker eggs] removes the licensed water acreage requirement for obtaining sucker eggs; establishes criteria for the commissioner to allocate distribution of sucker eggs to licensed individuals.
Sections 11 and 12 [Fish and wildlife planning] eliminates obsolete language relating to fish and wildlife planning requirements.
Section 13 [Fish stocking restrictions] removes the 10-hour holding restriction that was enacted in Laws 2011, chapter 107.
Section 14 [Harvest of bait from infested waters] expands the permits to harvest bait from infested waters to include ones with certifiable diseases of fish and to allow certain taking of cisco and rainbow smelt.
Section 15 [Game birds definition; sandhill crane] adds sandhill crane to the definition of “game birds.”
Section 16 [Small game definition; gray wolf] adds gray wolf to the definition of “small game.”
Section 17 [Undressed bird definition] clarifies the definition of “undressed birds” for the purposes of transporting the bird under the game and fish laws. For all birds, other than ducks, the bird may have only a fully feathered wing intact. For ducks, the definition will continue to be one with both a fully feathered wing and head attached. For pheasant, Hungarian partridge, or wild turkey the definition also allows only one leg and foot intact.
Section 18 [Unprotected birds definition; Eurasian collared dove] adds Eurasian collared dove to the definition of “unprotected birds.”
Section 19 [Wild animal definition] clarifies that definition of “wild animal” includes dead wild animals.
Section 20 [Emergency deterrent materials assistance] allows for emergency deterrent materials assistance for destruction of crops or pasture by elk within the native elk range. This section also increases the maximum amounts of assistance under the program.
Section 21 [Walleye stamp revenue] specifies that all of the revenue from walleye stamp sales will be used for stocking walleyes purchased from the private sector.
Section 22 [Minnow harvest in designated wildlife lakes] allows the taking of minnows to be restricted on lakes designated for wildlife management purposes.
Section 23 [License refunds] provides that license refunds may be issued for requests made within 90 days of purchase and adds another criteria for refunding license fees if the applicant is not required by law to purchase a license to participate in the activity.
Section 24 [Civil penalty; dog mortally wounding big game] provides for the elevated civil penalty when a dog mortally wounds a big game animal.
Section 25 [Gross misdemeanor penalty for hunting big game while under revocation] makes it a gross misdemeanor to take big game during the time a person is prohibited from obtaining a license to take big game.
Section 26 [Pictorial stamp purchases] removes the statutory $2 price to purchase a pictorial stamp and allows the DNR to set the price to cover the cost of producing and mailing the stamp.
Section 27 [Game and fish license transfer] allows a game and fish license transfer to a person with a severe disability or critical illness who is participating in a special program sponsored by a nonprofit.
Section 28 [Dealers, tanners, and taxidermist reports] allows the DNR the option to approve report forms for dealers, tanners, and taxidermists instead of supplying the forms.
Section 29 [Elk license selection] requires the commissioner to hold a separate drawing for 20 percent of the elk licenses issued each year for previously unsuccessful applicants who have applied at least ten times.
Section 30 [Turkey license issuance] clarifies authorities of the commissioner for issuing licenses to take wild turkeys.
Section 31 [Ice fishing without a license in state parks] expands authorization to fish in state parks without a license to include ice fishing.
Section 32 [Preference for service members; Purple Heart Medal] provides for a preference for service members with a Purple Heart Medal or 100 percent disability for game and fish drawings.
Section 33 [Nonresident fishing license surcharge; youth exemption] provides that nonresidents under age 16 who purchase a fishing license will not be assessed the nonresident fishing license surcharge.
Section 34 [Deer killed by motor vehicle] clarifies that a person may keep a deer killed by the person’s vehicle.
Section 35 [Possession of unlawful fish taken in Canada] specifies that a person who possess unlawful fish from Canada may be charged in the same manner as if the fish were unlawful in Minnesota.
Section 36 [Game bird transportation] clarifies that doves may be shipped or transported in accordance with federal law. Current federal law allows doves to be shipped and transported fully dressed.
Section 37 [Parent or guardian responsibility; violation] makes it a violation for a parent or guardian to knowingly permit a person under age 18 to hunt in violation of specific license, permit, certification, or training requirements in the game and fish laws.
Section 38 [Apprentice hunter validation requirements] modifies the qualifying age for obtaining an apprentice hunter validation; and allows use of apprentice hunter validation for two years in a lifetime instead of one year.
Sections 39, 42, and 44 [Medical evidence for disability permits] provides that certified nurse practitioners and certified physician assistants working under the direction of licensed physicians may complete the medical evidence information required for various disability hunting permit applications.
Section 40 [Guns allowed while hunting by muzzleloader] provides that a person while hunting with a muzzleloader license may only have a muzzleloader and a handgun in possession.
Section 41 [Uncased firearms] removes the requirement to have firearms cased in a motor vehicle while traveling to a hunting location in cities with a population less than 2,500 outside of Anoka, Ramsey, and Hennepin counties.
Section 43 [Hunting hours] removes statutory hunting hours on the opening day for ducks.
Section 45 [Possession of a firearm while hunting deer by archery] allows a person with a permit to carry a handgun to have a handgun in possession while hunting deer by archery.
Section 46 [Deer stand restrictions] eliminates the height restrictions on deer stands.
Section 47 [Bear license] requires a person selected in a drawing to purchase a license by August 1.
Section 48 [Bear bait station identification] allows a person to mark their bear baiting station with their DNR license number.
Section 49 [Bear baiting with a drum] allows a person to use a drum to bait bear on the person’s private land.
Section 50 [Taking elk causing damage or nuisance] provides the commissioner with authority to issue licenses to hunters to take elk that are causing damage or nuisance from September 1 to March 1. Licensees who are issued licenses under this provision are exempt from the “once-in-a-lifetime” restrictions.
Section 51 [Gray wolf open season] allows for an open season on gray wolves after they are delisted under the federal Endangered Species Act.
Section 52 [Beaver removal] allows a road authority to remove and kill beavers.
Section 53 [Waterfowl seasons] eliminates the prohibition on opening the duck season prior to the Saturday nearest October 1 and would continue to require the commissioner to prescribe waterfowl seasons in accordance with federal law.
Section 54 [1837 ceded territory fishing regulations adjustments] allows the commissioner to make midseason adjustments in daily possession or size limits on special management waters in the 1837 Ceded Territory by written order published in the State Register. The changes are based on available harvest, angling pressure, and population data, and limited to those necessary to manage the fisheries in compliance with the court orders in Mille Lacs Band of Chippewa v. Minnesota, 119 S. Ct. 1187 (1999). The written order is not effective until the commissioner attempts to notify persons and groups affected by the change.
Section 55 [Northern pike] restricts the number of lakes with special regulations for northern pike to 100.
Sections 56 and 57 [Fishing contests] clarify the fishing contest provisions.
Section 58 [Sturgeon tag clarification] clarifies that only one tag application may be made per calendar year.
Section 59 [Transporting and stocking fish] authorizes the commissioner to prohibit transportation of live fish by youth for aquarium purposes to help prevent spread of an emergency fish disease documented to occur in Minnesota waters.
Section 60 [Price of game fish fry and eggs] specifies that the DNR may not sell game fish fry or eggs for less than the cost associated with their production.
Section 61 [Using aquatic life for bait] allows the commissioner to authorize the use of game fish eggs as bait and to prescribe restrictions on their use. It also extends the current prohibition on “bait” being imported from VHS positive waters to include any bait used for taking wild animals and allows specific exemptions from this requirement for cisco and rainbow smelt.
Section 62 [Certification of frozen or dead bait] provides for the certification for disease-free frozen or dead fish bait.
Section 63 [BWSR powers clarification] clarifies that the Board of Water and Soil Resources (BWSR) has the powers to implement delegated purposes related to the acceptance of grants or gifts.
Section 64 [Coyote conflict management option] allows county or town boards to offer a bounty for taking coyotes.
Section 65 [Grazing state land] provides immunity from liability for grazing on state lands.
Section 66 [Liability limits for walk-in program] specifies that land leased by the state for a walk-in access program is subject to liability protection afforded owners of land who give permission to use the land without charge.
Section 67 [Rulemaking] directs the DNR to amend rules to allow game farm operators to use approved report and sales receipt formats.
Section 68. [Cass Lake spearing] allows spearing on Cass Lake for five years.
Section 69 [Deer hunting rules] prohibits antler point restrictions for deer after the 2012 season, unless authorized by the legislature.
Section 70 [Repealer] repeals Minnesota Statutes 2008, sections:
84.942, subdivisions 2, 3, and 4, fish and wildlife planning requirements;
97A.015, subdivisions 26b, 27b, and 27c, deer areas;
97A.435, subdivision 5, wild turkey licensing; and
97B.511, moose stand heights
97B.515, subdivision 3, elk stand heights
97C.081, subdivision 2, fishing contests without a permit.
Section 71 [Effective date] makes this article effective retroactively from July 1, 2011.