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S.F. No. 2314 - Environment and Natural Resources Omnibus Policy & Finance Bill (Article 3 Third Engrossment)
 
Author: Senator Bill Ingebrigtsen and Senator Carrie Ruud
 
Prepared By: Ben Stanley, Senate Counsel (651/296-4793)
 
Date: April 24, 2019



 

Section 1 [Reimbursement for Donated Deer Processing] Raises to $150 from $70 the amount that a meat processor may be reimbursed for processing donated deer.

Section 2 [Definition of Commercial Heard] Defines a commercial cervidae heard.

Section 3 [Definition of Noncommercial Heard] Defines a noncommercial cervidae heard.

Section 4 [Farmed Cervidae Fencing] Imposes fencing requirements on cervidae farms. Requires fencing deficiencies to be repaired within 48 hours. Requires reinspection within three months if a fencing deficiency is discovered during an inspection.

Section 5 [Cervidae Identification Requirements] Requires that a unique identification number be used for each cervid. Authorizes unidentified cervidae to be destroyed.

Section 6 [Farmed Cervidae Inspection Fees] Raises the farmed cervidae fee for commercial herds to $250 from $100. Requires annual inspections of cervidae farms.

Section 7 [Contested Case Hearing for Cervidae Revocation] Authorizes a person whose cervidae registration is revoked to request a contested case hearing within 30 days.

Section 8 [Cervid Farm and Cervidae Registration Revocation Authority] Authorizes revocation of cervidae farms’ and individuals’ cervid registrations for certain misconduct.

Section 9 [Chronic Wasting Disease Testing; Depopulation] Requires all farmed cervidae that are at least 12 months old to be tested for Chronic Wasting Disease upon death. Current law only requires this of farmed cervidae that are at least 16 months old. Requires certain depopulation, exclusionary fencing, and other measures to be taken on premises where Chronic Wasting Disease is discovered.

Section 10 [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 11 [Unadopted Rules] Prohibits DNR from enforcing unadopted rules, and if the unadopted rule is challenged, it is presumptively not enforceable.

Section 12 [Clarifying and Technical Changes] Makes various clarifying and technical changes related to the permanent school fund.

Section 13 [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 14 [Endangered Species Clarification] Clarifies an exception to the prohibition on taking endangered plant species from ditches and roadways.

Section 15 [Wild Rice Stewardship Council] Establishes the Wild Rice Stewardship Council.

Section 16 [Conforming Change] Technical change related to the removal of the ban on snorkel devices for ATVs in section 23.

Section 17 [Registration of Certain Off-Highway Motorcycles Required] Requires registration of off-highway motorcycles that are used exclusively in organized track racing events.

Section 18 [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 19 [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 20 [Snowmobile Safety Instructor Fee Recovery] Authorizes snowmobile safety instructors to recover fees paid for online training courses on behalf of trainees.

Section 21 [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 22 [ATV Safety Certificate Eligibility Clarification] Clarifies that only youth aged ten or older may receive an ATV safety education and training certificate.

Section 23 [Repeal of Ban on ATV Snorkels] Repeals the ban on operating an ATV with a snorkeling device.

Section 24 [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 25 [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 26 & 27 [Zebra Mussel Pilot Studies Changes] Repeals 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 28 [State Park Open House Days] Expands the number of state park open house days by adding certain named holidays.

Section 29 [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 30 [Special Use Permit Fee Proceeds Appropriation] Appropriates for the operation and maintenance of state trails and state water access sites the proceeds of fees collected for special use permits for state trails and state water access sites.

Section 31 [Zoo Admission Changes] Prohibits the Minnesota Zoo from charging admission to children that are taking part in an organized elementary school activity, or people of any age on certain holidays.

Section 32 & 33 [Paddleboards Not Required to Be Registered] Removes paddleboards from the definition of watercraft and exempts them from registration requirements.

Section 34 [Snow Removal on State Forest Roads] Requires DNR to remove snow from a state forest road, including a minimum maintenance forest road, at the request of one or more residents who use the road during winter.

Section 35 [Raising of Threshold for Appraisal Requirement] Raises to $100,000 from $50,000 the threshold above which the DNR is required to get an appraisal of land prior to selling it.

Section 36 [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 37 [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 38 [Mineral Lease Authority Clarification] Clarifies that DNR may lease mineral rights for brines and non-fuel gases.

Section 39 [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 40 [Appraisal Requirement; Tribe Notification] Raises to $100,000 from $50,000 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 41 [Game Fish Definition Changes] Reorganizes and amends the definition of game fish by adding burbot and cisco to the definition.

Section 42 [Rough Fish Definition Changes] Removes cisco and burbot from the definition of rough fish.

Section 43 [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 44 [Citizen Oversight Committees] Extends citizen oversight committees for 5 years.

Section 45 [Deer License Proceeds Accounting] Clarifies which deer license revenue is credited to the deer management account.

Section 46 [Expansion of Walk-In Access Program] Expands the walk-in access program so that it is no longer limited to private land.

Section 47 [Ban on Use of Neonicotinoid Insecticides in WMAs] Imposes a five-year ban on the use of neonicotinoid insecticides in wildlife management areas.

Section 48 [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 49 [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 50 [Small Game Surcharge Exemption] Provides that the small game surcharge does not apply to nonresidents age 16 or 17 to take small game.

Section 51 [Ban on Importation of Hunter-Harvested Cervidae] Prohibits the importation of most hunter-harvested Cervidae into the state.

Section 52 [Use of Night Vision Goggles to Take Coyote or Fox] Allows possession of night vision or thermal imaging equipment while taking coyote or fox.

Section 53 [Repeal of Crossbow Stock Length Requirement] Repeals requirement that crossbows used for hunting have a stock that is at least 30 inches long.

Section 54 [Baiting Bear with Drum on Public Land] Allows a person to use a drum to bait bear on public land after paying a $5 drum surcharge.

Section 55 [Elk Hunting Authorized When Herd Is Large] Requires DNR to provide elk hunting opportunities when the estimated size of an elk herd exceeds the range identified in an elk management plan.

Section 56 [Legal Guns for Turkey Hunting] Authorizes the use of certain guns for turkey hunting.

Section 57 [Crow Season Changes] Statutorily sets crow season instead of allowing DNR to determine when the season is each year.

Section 58 [Two-Line Angling] Authorizes anglers to fish with two lines on waters not subject to special regulations with the purchase of a $5 second-line endorsement. Proceeds of the endorsement are credited to the walleye stamp account.

Section 59 [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 60 & 61 [Conforming Changes] Makes changes to conform with the changes made in sections 41 & 42.

Section 62 [Turtle License Transfer] Authorizes transfer of a turtle license.

Section 63 [Aquatic Invasive Species Control by Commercial Fishers] Ensures that commercial fishing operators area assignments do not interfere with contracts for invasive species control.

Section 64 [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 65 [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 66 [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 67 [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 68 [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 69 [SWCD Duties & Services] Statutorily sets the duties and powers of soil and water conservation districts.

Section 70 [Watershed District Manager Compensation] Raises to $125 from $75 the maximum amount that a watershed district manager may be compensated per day.

Sections 71 to 77 [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 78 [Wetland Banking Fees] Requires wetland banking fees to be based on the actual cost to BWSR of implementing the activities for which fees are charged.

Section 79 & 80 [Electronic Transmission of DNR Information] Authorizes DNR to transmit certain information electronically.

Section 81 [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 82 [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 83 [Electronic Transmission of DNR Information] Authorizes DNR to transmit certain information electronically.

Section 84 [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 85 [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 86 [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 87 to 91 [Electronic Transmission of DNR Information] Authorizes DNR to transmit certain information electronically.

Sections 92 to 96 [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 97 & 98 [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 99 [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 100 [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 101 [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 102 [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 103 to 105 [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 106 [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 107 [PCA Training Fee] clarifies that the Pollution Control Agency (PCA) may not increase the fee for training water pollution control or subsurface sewage treatment system personnel without legislative approval.

Section 108 [NPDES Exemption; Water Transfers] establishes an exemption from the Pollution Control Agency’s (PCA) National Pollutant Discharge and Elimination System (NPDES) permit requirement for water transfers that do not introduce pollutants to the waters transferred. This exemption mirrors a similar federal exemption.

Section 109 [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 110 [External Peer Review of Water Quality Standards] directs the PCA to have peer review conducted on all new and revised numeric water quality standards.  This section also provides for the process of conducting the peer review and the development of technical support documents for the water quality standards.

Section 111 [Social Permit Required to Adopt WQS] Requires PCA to obtain a social permit before modifying or adopting new water quality standards. A social permit has been obtained once every county in the state has adopted a resolution in support of the new or modified standard.

Section 112 [Effluent Limitation Compliance] provides that to the extent allowed by federal law, an  industrial NPDES or state disposal system permit holder that constructs a treatment work facility to comply with modified standards, may not be required to expend additional capital investment on the treatment works for 16 years.

Section 113 [Wastewater & Water Supply System Operator Certification Fee] clarifies that the PCA may not increase the fee for wastewater & water supply system operator certification without legislative approval.

Section 114 & 115 [Wastewater Laboratory Certification Fee] prohibits PCA from increasing the fee for wastewater laboratory certification without legislative approval

Section 116 [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 117 [Closed Landfill Investment Fund Clarification] Requires the proceeds of leases of land enrolled in the Closed Landfill Program for solar power generation to be deposited in the closed landfill investment fund. Clarifies that money in the closed landfill investment fund may not be spent until appropriated.

Section 118 [TCE Emission Response Account] Requires the proceeds of the civil penalty received by the state from Water Gremlin for unlawful emissions of TCE to be deposited into a new TCE emission response account.

Section 119 [TCE Emission Stakeholders] Requires the commissioner of PCA to work with stakeholders to make recommendations to the legislature about how to appropriate the money in the TCE emission response account created under section 106.

Section 120 [Number of Assistant PCA Commissioners] Limits the number of PCA assistant commissioners to 3.

Section 121 [Cap on PCA Costs for Administering Grants] Caps the amount that PCA may retain for its costs to administer grant money at 3 percent.

Section 122 [Air Permit Modifications] modifies requirements related to state air quality permits and rulemaking.

Section 123 [Water Permit Fees] clarifies that the PCA may not increase water-related permit fees without legislative approval.

Section 124 [Unadopted Rules] Prohibits MPCA from enforcing unadopted rules, and if the unadopted rule is challenged, it is presumptively not enforceable.

Section 125 [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 126 [Trichloroethylene Ban] Prohibits the operator of a facility required to have an air emissions permit issued by the PCA from using trichloroethylene at its permitted facility after January 1, 2021. Authorizes PCA to allow continued use of the chemical until December 31, 2022, where appropriate. Contains certain exceptions.

Section 127 [Small Business Environmental Improvement Loan Program – Eligibility] Expands eligibility for loans under the PCA-administered Small Business Environmental Improvement Loan Program.

Section 128 [Small Business Environmental Improvement Loan Program – Loan Conditions] Modernizes loan conditions by lowering permissible interest rates and increasing maximum loan amount.

Section 129 [Extension of Post-EAW Comment Period] Provides that the 30 day comment period following publication of an environmental assessment worksheet may not be extended without the approval of the project’s proposer.

Section 130 [Pipeline Definition] limits the definition of pipeline to those that are owned or operated by a condemning authority.

Section 131 [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 132 [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 133 [Sunset Extension] Extends sunset of authority to sell certain tax-forfeited land in St. Louis County

Section 134 [Silica Sands Mind Reclamation] Directs DNR to develop a model ordinance, instead of rules, pertaining to reclamation of silica sand mines.

Section 135 [Sand Dunes State Forest Management] Prohibits DNR from converting land in Sand Dunes State Forest to nonforest land. Repeals language related to a township road. Requires annual meetings with stakeholders.

Section 136 [Addition to State Park] Adds land to the statutory boundaries of Glendalough State Park in Otter Tail County.

Section 137 [Deletion from State Park] Deletes land from St. Croix State Park in Pine County.

Section 138 [Sale of Land Bordering Public Water in Carlton County] Authorizes private sale of certain surplus land bordering public water in Carlton County.

Section 139 [Sale of Land Bordering Public Water in Cass County] Authorizes public sale of certain surplus land bordering public water in Cass County.

Section 140 [Sale of Land Bordering Public Water in Hubbard County] Authorizes private sale of certain surplus land bordering public water in Hubbard County.

Section 141 [Sale of Tax-Forfeited Land in Itasca County] Authorizes private sale of tax-forfeited land in Itasca county.

Section 142 [Sale of Land Bordering Public Water in Kanabec County] Authorizes public sale of certain surplus land bordering public water in Kanabec County.

Section 143 [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 144 [Stearns County Land Conveyance] Authorizes conveyance of certain state-owned land in Stearns County.

Section 145 [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 146 [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 147 [Sale of Tax-Forfeited Land in St. Louis County] Authorizes private sale of tax-forfeited land in St. Louis County.

Section 148 [Sale of Land Bordering Public Water in Wabasha County] Authorizes public sale of certain surplus land bordering public water in Wabasha County.

Section 149 [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 150 [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 151 [Reinvest in Fish Hatcheries Citizen-Legislative Advisory Group] Establishes a 12-memer Reinvest in Fish Hatcheries Citizen-Legislative Advisory Group.

Section 152 [Prohibition on New Antler Point Restrictions] Prohibits the DNR commissioner from adopting new antler point restrictions.

Section 153 [Reduction of Appropriations for Unfilled Positions] Eliminates the appropriation for any position in the DNR, PCA, or BWSR that has not been filled within 180 days of the position of the position. Applies only to positions that are posted in 2019, 2020, and 2021.

Section 154 [Wetland Replacement; Frameworks for In-lieu Fee Program] Allows BWSR to complete planning frameworks and other application requirements for an in-lieu fee program for wetland replacement.

Section 155 [First Appointments to Wild Rice Stewardship Council] Sets deadlines for appointing members of the Wild Rice Stewardship Council created in section 15 and of holding the first council meeting.

Section 156 [Hill-Annex Mine State Park] Requires the DNR to maintain the same level of service and operating hours at Hill-Annex Mine State Park as it had in 2016.

Section 157 [Updating of Aggregate Reclamation Handbook] Requires the DNR to update its aggregate reclamation handbook.

Section 158 [Study of Solar Generation on Closed Landfills] Requires the Environmental Quality Board to study the feasibility of locating solar photovoltaic devices on land enrolled in PCA’s Closed Landfill Program.

Section 159 [Firearms Safety Grants] Requires the creation of a grant program to increase firearms safety, trap shooting, archery, hunting, and angling activities in physical education courses.

Section 160 [High School Fishing League Grants] Requires the creation of a grant program for nonprofits to operate fishing leagues in high schools.

Section 161 [Use of Nonphotographic Digital Media in Stamp Contest Entries] Requires DNR to amend DNR rules to allow nonphotographic digital media to be used in stamp contests.

Section 162 [Wright County AIS Inspection Pilot Expansion] Requires DNR to approve the expansion of the Wright County regional inspection pilot program to nine from the current three lakes.

Section 163 [Revisor’s Instruction]

Section 164 [Repealer] Repeals (i) a statute that is being superseded by the statute created in section 32; and (ii) a rule that imposes antler point restrictions in 300 series deer permit areas.

 
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