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S.F. No. 835 - Environment and Natural Resources Omnibus Policy (Delete Everything Amendment)
 
Author: Senator Carrie Ruud
 
Prepared By: Ben Stanley, Senate Counsel (651/296-4793)
 
Date: March 22, 2019



 

Section 1 [Facilitate Drainage System Access to AgBMP Loans] Eliminates the per project amount cap on loans obtained under the Agriculture Best Management Practices Loan Program to facilitate access to the loans by drainage authorities.

Section 2 [Timing of DNR Grant Disbursements] Allows the Department of Natural Resources (DNR) to disburse grants to grantees up front rather than only on a reimbursement basis.

Section 3 [Unadopted Rules] Prohibits DNR from enforcing unadopted rules, and if the unadopted rule is challenged, it is presumptively not enforceable.

Section 4 [Clarifying and Technical Changes] Makes various clarifying and technical changes related to the permanent school fund.

Section 5 [Conveyance of Interest in Real Property to Resolve Boundaries] Requires the Department of Natural Resources (DNR) to publish notice of the conveyance of an interest in real property as part of the resolution of a boundary line issue at least 30 days prior to the conveyance. Current law requires this to be done 15 to 30 days before the conveyance.

Section 6 [Endangered Species Clarification] Clarifies an exception to the prohibition on taking endangered plant species from ditches and roadways.

Section 7 [Conforming Change] Technical change related to the removal of the ban on snorkel devices for ATVs in section 13.

Section 8 [Use of Off-Highway Motorcycle Account Money] Expands permissible uses of off-highway motorcycle account to include making grants to local law enforcement agencies for enforcement and public education.

Section 9 [Snowmobile Trails Grant-in-Aid Formula] Clarifies that snowmobile trails grants-in-aid may only be awarded for trails that are part of the state’s grant-in-aid system. Authorizes DNR to create a performance-based formula for annual grant distribution.

Section 10 [Snowmobile Safety Instructor Fee Recovery] authorizes snowmobile safety instructors to recover fees paid for online training courses on behalf of trainees.

Section 11 [Online ATV Training Program for Youth] requires DNR to establish a voluntary all-terrain vehicle online training program for youth aged six to ten and a parent or guardian.

Section 12 [ATV Safety Certificate Eligibility Clarification] clarifies that only youth aged ten or older may receive an ATV safety education and training certificate.

Section 13 [Repeal of Ban on ATV Snorkels] Repeals the ban on operating an ATV with a snorkeling device.

Section 14 [Harvesting of Gizzard Shad] Reenacts expired statutory language that authorized harvesting from certain waters of gizzard shad by cast net for noncommercial personal use as bait for angling under a permit. Adds the Minnesota River downstream of Granite Falls to the list of those waters.

Section 15 [Use of Commercial Fishing Equipment in Infested Waters] expands the types of infested waters in which commercial fishing equipment must be tagged. Allows removal of tags by DNR only if equipment has been decontaminated in accordance with DNR protocol.

Sections 16 & 17 [Zebra Mussel Pilot Studies Changes] repeal statutory language that limits to certain access sites two pilot studies related to the reintroduction of equipment with zebra mussels attached into Gull Lake and Cross Lake.

Section 18 [Cross Country Ski Trail Grant-in-Aid Formula] Clarifies that cross country ski trail grants-in-aid may only be awarded for trails that are part of the state’s grant-in-aid system. Authorizes DNR to create a performance-based formula for annual grant distribution.

Section 19 [Raising of Threshold for Appraisal Requirement] Raises from $50,000 to $100,000 the threshold above which the DNR is required to get an appraisal of land prior to selling it.

Section 20 [Compensation to Permanent School Fund] Clarifies that when Department of Natural Resources (DNR) management practices, policies, or designations prevent or diminish revenue generation on school trust land:

  • If revenue generation is diminished, the permanent school fund must be compensated.
  • If revenue generation is prevented, the permanent school fund must be compensated and the practices, policies, or designations cannot go into effect until the permanent school fund has been compensated.

Section 21 [Conforming Change] A conforming change to the statutes to clarify that DNR has the authority to lease land in order to compensate the permanent school fund.

Section 22 [Agencies Receiving Notice of Intent to Sell Surplus Land] Replaces a requirement that all state agencies be notified before DNR intends to sell surplus land with a requirement that only certain state agencies be so notified.

Section 23 [Appraisal Requirement; Tribe Notification] Raises from $50,000 to $100,000 the threshold above which the DNR is required to get an appraisal of surplus land prior to selling it. Requires notification to an Indian tribe prior to offering for sale any surplus land located within the reservation boundary of the tribe.

Section 24 [Game Fish Definition Changes] Reorganizes and amends the definition of game fish by adding burbot and cisco to the definition.

Section 25 [Rough Fish Definition Changes] Removes cisco and burbot from the definition of rough fish.

Section 26 [Production of Fish and Game Laws Summary] Repeals requirement that DNR produce enough copies of its summary of the hunting and fishing laws and rules for each person that obtains a hunting, fishing, or trapping license.

Section 27 [Citizen Oversight Committees] Extends citizen oversight committees for 5 years.

Section 28 [Expansion of Walk-In Access Program] Expands the walk-in access program so that it is no longer limited to private land.

Section 29 [Sale of Certain Separate Selection Elk Licenses] authorizes recipients of an elk license under the separate selection for owners of, or tenants on, at least 160 acres of agricultural or grazing land to sell those licenses for no more than it cost the recipient.

Section 30 [Consideration of Unsuccessful Elk License Applicants] requires elk license applicants who fail to obtain an elk license through the mandatory separate selection for repeat unsuccessful applicants to be included in the selection for the remaining available licenses.

Section 31 [Small Game Surcharge Exemption] Provides that the small game surcharge does not apply to nonresidents age 16 or 17 to take small game.

Section 32 [Gizzard Shad Cast Net Requirements] Reenacts expired statutory language that governed the use of cast nets for taking of gizzard shad for use as bait for angling.

Sections 33 & 34 [Conforming Changes] Makes changes to conform with the changes made in sections 24 and 25.

Section 35 [Aquatic Invasive Species Control by Commercial Fishers] Ensures that commercial fishing operators area assignments do not interfere with contracts for invasive species control.

Section 36 [Flexibility in Providing Financial Assistance to Local Governments] Expands the eligibility of local governments for financial assistance under the local water resources protection and management program by (i) allowing the Board of Water and Soil Resources (BWSR) to determine the amount of local match required; (ii) authorizing forms of financial assistance beyond grants; and (iii) allowing watershed-based and program-based assistance, not just performance-based assistance.

Section 37 [Flexibility in Eligibility Criteria for Local Government Assistance] Authorizes BWSR to develop eligibility criteria for state grants and other forms of financial assistance under the local water resources protection and management program that take into account factors other than performance-based criteria.

Section 38 [Lake Minnetonka Conservation District Authority] Provides that the Lake Minnetonka Conservation District may only regulate below the ordinary high-water mark of the lake.

Section 39 [WRAPS Can Serve Clean Water Legacy Act Purposes] Statutorily acknowledges that watershed restoration and protection strategies (WRAPS) can serve certain purposes of the Clean Water Legacy Act (Chapter 114D).

Section 40 [Amendment of One Watershed, One Plan Transition Plan] Current statutes require the Board of Soil and Water Resources to develop a plan for transitioning the state to comprehensive planning based on one watershed, one plan. This section provides that BWSR may not amend the plan more frequently than once every two years.

Section 41 [SWCD Duties & Services] Statutorily sets the duties and powers of soil and water conservation districts.

Section 42 [Clarify Drainage Authority Jurisdiction to Implement Buffers] clarifies a drainage system’s authority to order the establishment of buffer strips of perennial vegetation or side inlet controls when the authority determines that doing so is needed to control erosion and sedimentation, improve water quality, or maintain the efficiency of the drainage system.

Section 43 [Clarify County’s Authority to Hire Outside Counsel to Handle Drainage Matters] clarifies that a county may hire outside counsel to handle drainage matters.

Section 44 [Facilitate Redeterminations of Drainage System Benefits] Allows 26% of the owners of property, or owners of 26% of the property, that is benefited or damaged by a drainage system to petition for a redetermination of benefits, which the drainage authority must order if it determines that the benefits or damages of record do not reflect reasonable present-day land values or that the benefited or damaged areas have changed.

Sections 45 & 46 [Technical Changes] Make various technical changes related to drainage law.

Section 47 [Drainage System Repair Cost Apportionment Option] Provides drainage authorities with a voluntary option to apportion drainage system repair costs based on relative runoff and relative sediment delivery to the drainage system.

Sections 48 to 54 [Mississippi Headwaters Board Authority] Clarifies that all zoning authorities are subject to the Mississippi Headwaters Board certification requirement with respect to certain land use actions undertaken in the area covered by the board’s comprehensive land use plan.

Section 55 & 56 [Electronic Transmission of DNR Information] Authorizes DNR to transmit certain information electronically.

Section 57 [Transfer of Water Permits] Prohibits the Department of Natural Resources (DNR) from imposing additional conditions on a permit, reducing the appropriation allowed, or requiring testing when a water-use permit is transferred as part of the conveyance of real property.

Section 58 [Analysis of Economic Impact of Water Appropriations Plans] Requires DNR to provide estimates of the economic impact of any new restriction or policy on existing and future groundwater users and local governments before a water management plan for appropriating water is prepared.

Section 59 [Electronic Transmission of DNR Information] Authorizes DNR to transmit certain information electronically.

Section 60 [Groundwater Management Areas Changes] Prohibits DNR from disseminating information about a groundwater management area plan prior to the approval of that plan except in response to media or public inquiries or when the information concerns the timing, location, or agendas for meetings about the plan.

Section 61 [Definition of Sustainable] Defines “sustainable” for purposes of groundwater management areas as a use that does not result in a change in hydrologic regime of more than 20 percent relative to the August median stream flow.

Section 62 [Well Interference and Testing] Requires the condition of a well to be taken into account when determining the costs to a permittee or applicant as a result of an agreement for a well interference claim. Authorizes parties ordered to contribute to an affected well owner to file a contested case petition.

Section 63 to 67 [Electronic Transmission of DNR Information] Authorizes DNR to transmit certain information electronically.

Sections 68 to 72 [Clean Water Legacy Act Definitions] Adds definitions related to local water planning to the Clean Water Legacy Act (chapter 114D) and amends other definitions in that Act in order to facilitate the use of local water plans for Clear Water Legacy Act purposes.

Section 73 and 74 [Refinement of Clean Water Legacy Act Goals] Makes various minor refinements to the statute that lists the goals and policies for implementation of the Clean Water Legacy Act.

Section 75 [WRAPS & TMDLs Priorities] Provides that the commissioner of the Pollution Control Agency (MPCA) must seek recommendations from the Clean Water Council, the commissioners of natural resources, health, and agriculture, and from BWSR, for establishing priorities for scheduling and preparing WRAPs and TMDLs.

Section 76 [Clean Water Council Recommendations] Expands the potential scope of the Clean Water Council’s recommendations by removing a requirement that council recommendations be designed to improve the water quality of only those surface waters that are listed as impaired that do not have a TMDL.

Section 77 [Use of Local Plans for Clean Water Legacy Act Purposes] Authorizes the commissioner of the PCA to submit certain local plans to the EPA as part of the TMDL approval process as opposed to developing a new TMDL proposal.

Section 78 [Local Plan Activities May Contribute to MS4 Permit Requirements] Authorizes water quality measures taken under a local water plan to be considered as contributing to the requirements of a storm water pollution prevention plan for municipal separate storm sewer system (MS4) permit purposes.

Section 79 to 81 [Various Clean Water Legacy Act Refinements] Makes various minor refinements to the statute that addresses the contents of WRAPS and to other sections of the Clean Water Legacy Act.

Section 82 [Nonpoint Funding Alternative] Allows BWSR to determine the reporting schedule and content of the nonpoint priority funding plan under MS § 114D.50, subdivision 3a.

Section 83 [Remote Sugar Beet Storage Facilities] Prohibits PCA from requiring a sugar beet company that has a NPDES permit or state permit to install a liner for a sugar beet storage site runoff pond unless the PCA confirms that there is a significant effect on groundwater.

Section 84 [Local Government Solid Waste Project Assistance] Amends the application requirements for local government assistance with solid waste projects to require that capacity at existing facilities and the potential displacement of existing facilities be examined prior to application.

Section 85 [Closed Landfill Investment Fund Clarification] Clarifies that money in the closed landfill investment fund may not be spent until appropriated.

Section 86 [Unadopted Rules] Prohibits MPCA from enforcing unadopted rules, and if the unadopted rule is challenged, it is presumptively not enforceable.

Section 87 [Exemption from Open Air Swine Basin Moratorium] Exempts from the otherwise applicable ban on new open-air swine basins those that are used solely for wastewater from truck-washing facilities.

Section 88 [Trichloroethylene Ban] Prohibits facilities required to have air permits from the MPCA from using trichloroethylene (TCE) beginning January 1, 2021. Authorizes MPCA to grant extensions for up to two years.

Section 89 [Small Business Environmental Improvement Loan Program – Eligibility] Expands eligibility for loans under the PCA-administered Small Business Environmental Improvement Loan Program.

Section 90 [Small Business Environmental Improvement Loan Program – Loan Conditions] modernizes loan conditions by lowering permissible interest rates and increasing maximum loan amount.

Section 91 [Location of Sale of Land in Certain Counties] Allows tax-forfeited lands in Koochiching and St. Louis counties to be sold in any designated facility, not just county-owned facilities.

Section 92 [Negotiation of Value of Improvements on Tax-Forfeited Land] Allows the county to negotiate with purchasers of certain tax-forfeited lakeshore land for the value of improvements on the land.

Section 93 [Sunset Extension] Extends sunset of authority to sell certain tax-forfeited land in St. Louis County

Section 94 [Silica Sands Mind Reclamation] Directs DNR to develop a model ordinance, instead of rules, pertaining to reclamation of silica sand mines.

Section 95 [Addition to State Park] Adds land to the statutory boundaries of Glendalough State Park in Otter Tail County.

Section 96 [Deletion from State Park] Deletes land from St. Croix State Park in Pine County.

Section 97 [Sale of Land Bordering Public Water in Carlton County] Authorizes private sale of certain surplus land bordering public water in Carlton County.

Section 98 [Sale of Land Bordering Public Water in Cass County] Authorizes public sale of certain surplus land bordering public water in Cass County.

Section 99 [Sale of Land Bordering Public Water in Hubbard County] Authorizes private sale of certain surplus land bordering public water in Hubbard County.

Section 100 [Sale of Tax-Forfeited Land in Itasca County] Authorizes private sale of tax-forfeited land in Itasca county.

Section 101 [Sale of Land Bordering Public Water in Kanabec County] Authorizes public sale of certain surplus land bordering public water in Kanabec County.

Section 102 [Sale of Land Bordering Public Water in Otter Tail County] Authorizes public sale of certain surplus land bordering public water in Otter Tail County.

Section 103 [Stearns County Land Conveyance] Authorizes conveyance of certain state-owned land in Stearns County.

Section 104 [Lease of Tax-Forfeited Land in St. Louis County] Allows lease of tax-forfeited land in St. Louis County for more than $12,000.

Section 105 [Access to Tax-Forfeited Land in St. Louis County] Allows operation by St. Louis County of vehicles on rustic roads to access tax-forfeited lands for forest management purposes.

Section 106 [Sale of Tax-Forfeited Land in St. Louis County] Authorizes private sale of tax-forfeited land in St. Louis County.

Section 107 [Sale of Land Bordering Public Water in Wabasha County] Authorizes public sale of certain surplus land bordering public water in Wabasha County.

Section 108 [Sale of Land Bordering Public Water in Yellow Medicine County] Authorizes private sale of certain surplus land bordering public water in Yellow Medicine County.

Section 109 [Application of Stormwater Rules] Provides that until the MPCA modifies certain stormwater rules, those rules do not apply to towns or unorganized areas of counties.

Section 110 [Appropriation to Update Aggregate Reclamation Handbook] Appropriates $100,000 to DNR to update its aggregate reclamation handbook.

Section 111 [Local Recreation Matching Grants Appropriation] Appropriates $1 million for local recreation matching grants.

Section 112 [Revisor’s Instruction]

Section 113 [Repealer]

 
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