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S.F. No. 7 - Environment Policy Agreement (Minnesota Laws 2019, Chapter 4) (First Special Session - 2019)
 
Author: Senator Bill Ingebrigtsen
 
Prepared By: Ben Stanley, Senate Counsel (651/296-4793)
 
Date: May 29, 2019



 

Article 3 – Environment and Natural Resources

Section 1 [State Bee Designation] Designates the Rusty Patched Bumble Bee as the state bee.

Section 2 [Reimbursement of Donated Deer Costs] Raises to $150 from $70 the amount that the commissioner of agriculture may pay meat processors for processing donated deer.

Section 3 [Farmed Cervidae Fencing Modifications] Requires new cervid farm fencing to be high tensile fencing. Requires entry points to have redundant gates by December 1, 2019. Requires repair of fencing deficiencies and reinspection. Provides for revocation of registration in certain circumstances.

Section 4 [Farmed Cervidae Identification Requirements] Requires farmed cervids to be identified with a number that has not been used in the past three years. Modifies when white-tailed deer must be identified.

Section 5 [Farmed Cervidae Inspections] Requires annual inspections of farmed cervidae and farmed cervidae facilities and sets requirements for those inspections. As coordinated by the Board of Animal Health (BAH), authorizes the Department of Agriculture and Department of Natural Resources (DNR) conservation officers to participate in the inspections.

Section 6 [Farmed Cervidae Inspection Fees] Establishes fees for annual farmed cervidae inspections.

Section 7 [Farmed Cervidae Registration Revocation Contested Case] Sets a timeline for filing a contested case to challenge a revocation of a farmed cervidae registration.

Section 8 [Farmed Cervidae Registration After Revocation] Prohibits future registration once a farmed cervidae registration has been revoked unless BAH determines that the person has undertaken measures that make future escapes extremely unlikely.

Section 9 [Depopulation of Farmed Cervidae Facilities] Requires depopulation of cervidae facilities where chronic wasting disease is detected, maintenance of fencing for five years, and posting of signage.

Section 10 [Chronic Wasting Disease Oversight; Federal Fund Account] Authorizes the relevant legislative committees to meet quarterly to receive state agency updates on chronic wasting disease. Creates a separate account in the federal fund for deposit of money received from the federal government for chronic wasting disease and appropriates that money.

Section 11 [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 12 [Permanent School Fund Technical Changes] Makes various clarifying and technical changes related to the permanent school fund.

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

Section 14 [Prohibition on Trade in Prohibited Animal Parts] Prohibits intrastate purchase or sale of ivory, rhinoceros horn, and related animal parts. Interstate commerce sale or purchase of these items is prohibited by federal law.

Section 15 [Conforming Change] Technical change related to the removal of the ban on snorkel devices for ATVs in section 22.

Section 16 [Registration of Track-Racing Off-Highway Motorcycles] Requires registration of off-highway motorcycles used exclusively in organized track-racing events.

Section 17 [Use of Off-Highway Motorcycle Account] Authorizes money in the off-highway motorcycle account to be used for grants for enforcement and public education to local law enforcement agencies.

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

Section 20 [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 21 [ATV Safety Certificate Eligibility Clarification] Clarifies that only youth aged ten or older may receive an ATV safety education and training certificate.

Section 22 [Repeal of Ban on ATV Snorkels] Repeals the ban on operating an ATV with a snorkeling device.

Section 23 [No Child Left Inside Grant Program] Creates a program to provide grants for outdoor environmental, ecological, and other natural-resource-based education and recreation programs serving youth.

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 [Repeal of Water Recreation Account Transfer to Invasive Species Account] Repeals the annual transfer of $750,000 from the water recreation account to the invasive species account.

Section 29 [State Park Open House Days] Expands the number of state park open house days DNR is required to designate to 4 from 1.

Section 30 [Designation of Walter F. Mondale Scenic Riverway] Designates the segment of the St. Croix River Water Trail between Wild River State Park and William O'Brien State Park as the Walter F. Mondale Scenic Riverway.

Section 31 [Fee Increases for Cross-Country Ski Passes] Increases fees for cross-country ski passes.

Section 32 [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 33 [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 34 [Watercraft AIS Surcharge Increase] Increases to $10.60 from $5.00 the watercraft aquatic invasive species surcharge.

Section 35 [Wildland Firefighter Clarification] Exempts wildland firefighters from the licensing, training, and certification requirements that other firefighters are subject to.

Sections 36 to 40 [Decorative Materials Buyers Changes] Makes various changes related to birch and spruce harvesting, decorative materials, and special forest products.

Section 41 [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 42 [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 43 [Eligibility and Performance of Chapter 93 Lease Holders] Provides that applicants for leases and lease holders under Minnesota statutes chapter 93 must meet the definition of responsible vendor as provided in rules adopted under chapter 16C. Makes a lease holder subject to suspension and debarment under that chapter.

Section 44 [Game Fish Definition Changes] Reorganizes and amends the definition of game fish by adding burbot and cisco to the definition.

Section 45 [Rough Fish Definition Changes] Removes cisco and burbot from the definition of rough fish.

Section 46 [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 47 [Citizen Oversight Committees] Extends citizen oversight committees for 5 years.

Section 48 [Deer License Proceeds Accounting] Clarifies which deer license revenue is credited to the deer management account.

Section 49 [Conforming Change] Makes a conforming change related to the use of dogs to locate wounded deer or bear, which his authorized by section 62.

Section 50 [Game & Fish Application Deadline] Clarifies that a game and fish application must be received no later than 4:30 p.m. on the day of the deadline

Section 51 [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 52 [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 53 [Ban on Importation of Hunter-Harvested Cervidae] Prohibits the importation of most hunter-harvested Cervidae into the state.

Section 54 [Conforming Change] Makes a conforming change related to the use of dogs to locate wounded deer or bear, which his authorized by section 62.

Section 55 [Provisional Firearms Safety Certificate for Persons with Physical Disabilities] Authorizes a person with a permanent physical disability to obtain a provisional firearms safety certificate.

Section 56 [Conforming Change] Makes a conforming change related to the use of dogs to locate wounded deer or bear, which his authorized by section 62.

Section 57 [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 58 [Definition of Permanent Physical Disability] Defines “permanent physical disability” for purposes of the authority provided in Section 55 for persons with physical disabilities to obtain a provision firearms safety certificate.

Section 59 [Repeal of Crossbow Stock Length Requirement] Repeals requirement that crossbows used for hunting have a stock that is at least 30 inches long.

Section 60 [Assisting Persons with Disabilities to Take an Animal] Allows a person with a physical disability who is using mechanical or electronic assistance to be assisted by another person.

Section 61 [Conforming Change] Makes a conforming change related to the use of dogs to locate wounded deer or bear, which his authorized by section 62.

Section 62 [Use of Dogs to Locate Wounded Deer or Bear] Authorizes the use of dogs to locate wounded deer or bear.

Section 63 [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.

Sections 64 to 69 [Various Beaver Trapping Changes] Makes various changes related to beaver trapping.

Section 70 [Legal Guns for Turkey Hunting] Authorizes the use of certain guns for turkey hunting.

Section 71 [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 72 & 73 [Conforming Changes] Makes changes to conform with the changes made in sections 44 & 45.

Section 74 [Aquatic Invasive Species Control by Commercial Fishers] Ensures that commercial fishing operators area assignments do not interfere with contracts for invasive species control.

Section 75 [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 76 [SWCD Duties & Services] Statutorily sets the duties and powers of soil and water conservation districts.

Section 77 [Watershed District Manager Compensation] Raises to $125 from $75 the maximum amount that a watershed district manager may be compensated per day.

Sections 78 to 84 [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 85 [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 86 to 88 [Electronic Transmission of DNR Information] Authorizes DNR to transmit certain information electronically.

Section 89 [Fee Increase] Increases fees for permits for dam construction, dam repair, work in public waters, and diversion of water for mining.

Section 90 to 94 [Electronic Transmission of DNR Information] Authorizes DNR to transmit certain information electronically.

Section 95 [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 96 [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 97 [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 98 [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.

Sections 99 to 102 [Creation of Natural Resources Damages Account] Creates the natural resources damages account in the remediation fund.

Section 103 [Small Business Environmental Improvement Loan Program – Eligibility] Expands eligibility for loans under the PCA-administered Small Business Environmental Improvement Loan Program.

Section 104 [Small Business Environmental Improvement Loan Program – Loan Conditions] Modernizes loan conditions by lowering permissible interest rates and increasing maximum loan amount.

Section 105 [Extension of Post-EAW Comment Period] Provides that the 30 day comment period following publication of an environmental assessment worksheet may be extended for an additional 30 days by the responsible government unit once. After this extension, future extensions require approval of the project’s proposer.

Section 106 [Creation of Outdoor Recreation Promotion Account] Creates an outdoor recreation promotion account in the special revenue fund and requires that gifts and grants received by the office of Explore Minnesota Tourism be used to promote outdoor recreation. Appropriates money in the account.

Section 107 [Administrative Support for School Trust Lands Director] Requires DNR to provide human resources, payroll, accounting, procurement, and other similar administrative services to the school trust lands director.

Section 108 [Silica Sands Mind Reclamation] Directs DNR to develop a model ordinance, instead of rules, pertaining to reclamation of silica sand mines.

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 [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 111 [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 112 [Updating of Aggregate Reclamation Handbook] Requires the DNR to update its aggregate reclamation handbook.

Section 113 [Basic Angling Curriculum] Requires DNR to develop pa basic angling curriculum and to make it available without cost to nonprofit organizations operating fishing leagues for high schools.

Section 114 [Metropolitan Landfill Contingency Action Trust Account Report] Requires MPCA to report to appropriate legislative committees regarding the long-term health and availability of the metropolitan landfill contingency action trust account, including its ability to meet future obligations.

Section 115 [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 116 [Financial Assurance Analysis for Waste Tire Facilities] Requires MPCA to report to appropriate legislative committees an analysis of the forms and levels of financial assurance required of owners and operators of permitted waste tire facilities.

Section 117 [Naming of Certain State Park Facilities After Walter F. Mondale] Names certain state park facilities after Walter F. Mondale.

Section 118 [Revisor Instruction] Instructs the Revisor of Statutes to amend statutory cross-references to reflect changes made in this act regarding school trust lands.

Section 119 [Repealer] Repeals a statutory section that is superseded by new law enacted in this act.

Article 4 – State Lands

Section 1 [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 2 [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 3 [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 4 [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 5 [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 6 [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 7 [Sunset Extension] Extends sunset of authority to sell certain tax-forfeited land in St. Louis County

Section 8 [Addition to State Park] Adds land to the statutory boundaries of Glendalough State Park in Otter Tail County.

Section 9 [Deletion from State Park] Deletes land from St. Croix State Park in Pine County.

Section 10 [Sale of Land Bordering Public Water in Carlton County] Authorizes private sale of certain surplus land bordering public water in Carlton County.

Section 11 [Sale of Land Bordering Public Water in Cass County] Authorizes public sale of certain surplus land bordering public water in Cass County.

Section 12 [Sale of Land Bordering Public Water in Hubbard County] Authorizes private sale of certain surplus land bordering public water in Hubbard County.

Section 13 [Sale of Tax-Forfeited Land in Itasca County] Authorizes private sale of tax-forfeited land in Itasca county.

Section 14 [Sale of Land Bordering Public Water in Kanabec County] Authorizes public sale of certain surplus land bordering public water in Kanabec County.

Section 15 [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 16 [Stearns County Land Conveyance] Authorizes conveyance of certain state-owned land in Stearns County.

Section 17 [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 18 [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 19 [Sale of Tax-Forfeited Land in St. Louis County] Authorizes private sale of tax-forfeited land in St. Louis County.

Section 20 [Sale of Land Bordering Public Water in Wabasha County] Authorizes public sale of certain surplus land bordering public water in Wabasha County.

Section 21 [Sale of Land Bordering Public Water in Yellow Medicine County] Authorizes private sale of certain surplus land bordering public water in Yellow Medicine County.

Article 5 – Clean Water Modifications

Section 1 [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 2 [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 3 [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 4 [Comprehensive Water Management Plan Content] Requires BWSR to include restoration, protection, and preservation of drinking water sources in comprehensive watershed management plans.

Section 5 [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.

Sections 6 to 10 [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 11 & 12 [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 13 [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 14 [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 15 [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 16 [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 17 to 19 [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 20 [Nonpoint Funding Alternative] Allows BWSR to determine the reporting schedule and content of the nonpoint priority funding plan under MS § 114D.50, subdivision 3a.

 

 
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