Section 1. [Summary of appropriations] provides a summary of the approximately $642.5 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 $152.7 million to the Pollution Control Agency (PCA) for the next biennium.
Section 4. [Department of Natural Resources] directly appropriates approximately $439.5 million to the Department of Natural Resources (DNR) for the next biennium.
Section 5. [Board of Water and Soil Resources] directly appropriates approximately $20.6 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 $1.4 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.
ARTICLE 2
ENERGY, COMMERCE, AND CONSUMER PROTECTION FINANCING
Section 1. [Summary of Appropriations] provides a summary of the approximately $56.9 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 $44.5 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 $6.95 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 $24.5 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. [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.
ARTICLE 3
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 $51.2 million to various entities for the next biennium.
ARTICLE 4
STATUTORY CHANGES
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. [Biobutanol definitions] defines “biobutanol” and “biobutanol facility” for the purpose of the agricultural growth, research, and innovation (AGRI) program and environmental review requirements.
Section 3. [Automobile theft protection program] transfers the automobile theft protection program to the Department of Public Safety on June 30, 2013.
Section 4. [LAWCON recodification] recodifies the statutory language on federal land and water conservation (LAWCON) funds.
Section 5. [Nonresident off-road vehicle trail pass] creates an off-road vehicle (ORV) trail pass requirement for nonresidents who use state or grant-in-aid trails. The bill is modeled after a similar pass requirement for nonresidents riding all-terrain vehicles on state and grant-in-aid trails, under Minnesota Statutes, section 84.9275.
Section 6. [Invasive species account transfers] transfers $750,000 each year from the water recreation account to the invasive species account.
Section 7. [Deposit of fees] removes the $25,000/year cap on expenditures from sales, rentals, or leases in state parks.
Section 8. [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 9. [Forest management investment account; revenue] adds certifications as revenue to the forest management investment account.
Section 10. [Forest campground fees] provides for the deposit and appropriation of forest campground fees in the natural resources fund.
Sections 11 to 14. [State tree nurseries] modify provisions relating to state tree nurseries to restrict the use of the planting stock to state lands. Excess trees may be sold to licensed, private nurseries.
Section 15. [Mining administrative account] provides for a statutory appropriation from the mining administrative account.
Section 16. [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 17. [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 18 to 19. [Stamp and surcharge accounts] provides for statutory appropriations from the stamp and surcharge accounts in the game and fish fund.
Section 20. [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 21. [Water appropriation permits] provides for the deposit of water appropriation permit fees in the new water management account.
Section 22. [Public waters permit fees] provides for the deposit of public waters work permit fees in the new water management account.
Section 23. [Aquatic plant management permits] places a $2,500 cap on aquatic plant management permits.
Section 24. [PCA enforcement funding] reduces the amount of the revenue from enforcement money recovered by the PCA that is deposited in the environmental fund to one-half of the money collected. The remainder will be deposited in the general fund.
Sections 25 to 26. [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 27. [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 28. [Petrofund] extends the repealer on the petroleum tank release cleanup program until June 30, 2017.
Section 29 [Capacity definition] defines “capacity” for the purpose of feedlot regulation.
Section 30. [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 31. [Environmental assessment worksheet (EAW) petition] eliminates the separate category for mandatory environmental assessment worksheets for expansion ethanol plants, conversion of an ethanol plant to biobutanol production, or the expansion of a biobutanol facility. This section also increases the number of petitioners required for an EAW to 100, and requires that the petitioners reside or own property within the county or an adjoining county.
Section 32. [Mississippi River critical area] removes purpose language for the designation of the Mississippi River critical area designation that was added in 2009.
Section 33. [LAWCON recommendations] eliminate the responsibility f the LCCMR to recommend appropriations from federal LAWCON funding.
Section 34. [Technical] relates to the transfer of the automobile theft protection program to the Department of Public Safety on June 30, 2013.
Section 35. [Technical] eliminates a provision that cross-referenced a provision repealed in this article.
Sections 36 to 37. [Nongame wildlife checkoff]eliminate the requirement for the DNR to submit a work program to the LCCMR for the nongame wildlife checkoff.
Section 38. [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 39. [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 40. [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 41. [Sales of state land] delays the 2005 law requiring sales of state land for general fund purposes to June 30, 2013.
Section 42. [Ethanol definitions] undoes the repeal of the ethanol definitions earlier this session.
Section 43. [State tree nursery closure] requires the DNR to close the General C.C. Andrews State Nursery.
Section 44. [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 45. [Terry McGaughey Memorial Bridge] directs the DNR to designate a bridge on the Paul Bunyan Trail as the Terry McGaughey Memorial Bridge and put up signs on the bridge with the designation.
Section 46. [Mississippi River critical area rules] explicitly repeals the rule requirement for the Mississippi River critical area that was enacted in 2009.
Section 47. [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 suspend the standard for sulfate in class 4 waters.
Section 48. [Water Rulemaking] requires all water rules be submitted to the Legislative Coordinating Commission for review.
Section 49. [Interest in lands] continues the reversionary interest held by Dakota County for lands conveyed by the county to the Minnesota Zoo.
Section 50. [Evaluation of state and local water programs] directs the commissioner of administration to evaluate state and local water-related programs, policies, and permits. The commissioner shall report on the evaluation by January 15, 2012.
Section 51. [Revisor’s instruction] directs the revisor of the statutes to recodify the automobile theft protection program on June 30, 2013.
Section 52. [Repealer] repeals Minnesota Statutes, sections:
84.027, subdivision 11 – LAWCON reference
89.06 and 89.37, subdivisions 2, 3, and 3a – state tree nurseries;
116G.15, subdivisions 2, 3, 4, 5, 6, and 7 – Mississippi River corridor critical area rules;
116P.14 – existing LAWCON statute;
216H03 – greenhouse gas control plan requirements
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