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S.F. No. 4499 - Environment and Natural Resources Omnibus (1st Engrossment)
 
Author: Senator Bill Ingebrigtsen and Senator Carrie Ruud
 
Prepared By: Ben Stanley, Senate Counsel (651/296-4793)
 
Date: April 28, 2020



 

Section 1 [Unadopted Rules] prohibits state agencies from attempting to enforce a policy, guideline, bulletin, criterion, manual, standard, interpretive statement, or similar pronouncement that has not been properly adopted under Minnesota Statutes, chapter 14.

Section 2 [Certifiable Fish Disease Definition] amends the definition of a certifiable fish disease to include cases where an enumerated disease is expressed through clinical symptoms or through the presence of a disease pathogen.

Section 3 [Conforming Change] makes a statutory change to conform to the new VHS-susceptible species definitions in sections 6 and 7.

Section 4 [Emergency Fish Disease Definition] amends the definition of an emergency fish disease definition to include the presence of pathogens.

Section 5 [Fish Health Inspection] amends the requirements for wild fish inspection so that it includes a reference to the fact that such inspections also searching for pathogens.

Section 6 [VHS-Susceptible Species Definition] defines VHS-susceptible species as aquatic species that are natural hosts for viral hemorrhagic septicemia.

Section 7 [VHS-Susceptible Species List Definition] defines the VHS-susceptible species list as VHS-susceptible species listed in the Fish Health Blue Book that are found in or that can survive in the Great Lakes region.

Sections 8 through 14 [Conforming Changes] make a statutory change to conform to the new VHS-susceptible species definitions in sections 6 and 7.

Section 15 [School Trust Land Reporting] changes the reporting frequency on the management of school trust lands from biannually (twice yearly) to biennially (once each biennium).

Section 16 [Easement Conveyance to Tribal Governments] allows the Department of Natural Resources (DNR) to convey easements for trails, highways, or roads to federally recognized Indian tribes.

Section 17 & 18 [Transporting Unregistered Snowmobiles] repeal prohibition on transportation of unregistered snowmobiles.

Section 19 [Definition of ATV] amends the definition of all-terrain vehicle to remove outdated references to low pressure or non-pneumatic tires.

Section 20 [Repeal Invasive Carp Tagging Sunset] repeals sunset of authority for DNR to issue permits to tag and release invasive carp.

Section 21 [Repeal of Golf Course Authority] removes authority for the commissioner of natural resources to establish provisions for the improvement and maintenance of golf courses already established in state parks and charging reasonable use fees.  

Section 22 [State Park Statute Nomenclature] modernizes state park statute nomenclature.

Section 23 [Development of Reservation Policies] allows the commissioner of natural resources to develop reservation policies for day use facilities, tours, educational programs, seminars, events, and rentals.

Section 24 [Special Use Permits for State Parks] allows the commissioner of natural resources to develop policies for special use permits for state parks, state recreation areas, and state waysides.

Section 25 [Owner of Vehicle Responsible for State Park Permit] makes the owner of a vehicle entering a state park responsible for the permit.

Section 26 [State Park Statute Nomenclature] modernizes state park statute nomenclature.

Section 27 [Special Use Permits for State Trails] allows the commissioner of natural resources to develop policies for special use permits for state trails, and state water access sites.

Section 28 [Wake Surfer Definition] defines wake surfer.

Section 29 [Wake Surf Definition] defines wake surf.

Section 30 through 32 [Wake Surfing Limitations] imposes limitations on where wake surfing may occur and related requirements.

Section 33 [Easement Monitoring Fee] allows DNR to assess a lease applicant fees to cover the reasonable projected costs of monitoring the construction of recreational trails or facilities on DNR administered state lands.

Section 34 [Unloaded Firearm Definition] updates the definition of unloaded firearm to reflect current technology.

Section 35 [Portable Stands in WMAs Sunset Repeal] repeals sunset of authority for deer hunters to leave a portable stand in certain wildlife management areas overnight.

Section 36 [Conforming Change] makes a conforming change related to section 37.

Section 37 [DNR Regulation of Snake, Lizard, and Salamander Trade] directs the commissioner of natural resources to prescribe conditions and issue permits to breed, propagate, and sell snakes, lizards, and salamanders.

Section 38 [Minnow Dealer Violations] redefines minnow dealer convictions to be consistent with other game and fish violations.  

Section 39 [Revocation of Hunting Privileges for Certain Violations] revokes hunting privileges for five years if night or thermal vision equipment was in possession during specific violations, including taking wild animals in closed season, closed hours, or while trespassing.

Section 40 [Red Lake Band Code Governs Taking of Animals on Reservation Lands] ensures that Red Lake Band’s Conservation Code governs the taking and tagging of wild animals on Red Lake Reservation lands.

Section 41 [Cervidae Carcass Importation Ban] prohibits the importation of cervidae carcasses into Minnesota.

Section 42 [Permissible Firearms for Taking Big Game] amends the definition of permissible firearms for taking big game and wolves to reflect current gun technology.

Section 43 [Crossbows Prohibited During Muzzeloader Deer Season] clarifies that crossbows may not be used during muzzleloader deer season.

Section 44 [Infrared Illuminators] allows infrared illuminators to be used to enhance night vision equipment and prohibits night vision equipment from being used to take coyote or fox during the regular firearms deer season.

Section 45 [No New Antler Point Restrictions] prohibits new antler point restrictions.

Section 46 [Upper Red Lake Is a Special Management Water] defines Upper Red Lake as a special management water.

Sections 47 & 48 [Conforming Changes] make statutory changes to conform to the new VHS-susceptible species definitions in sections 6 and 7.

Section 49 [Netting of Lake Whitefish and Cisco] limits the number of allowable nets for lake whitefish and cisco to one.

Section 50 [Lake Superior Management Plan] removes the Lake Superior Management Plan specific due date for reassessing annual quotas and replaces it with a requirement that the quotas be reassessed every 10 years.  

Section 51 [Sharing of Water Policy Implementation Resources] requires state, regional, and local governments to enter into agreements to jointly use staff, educational, technical, and financial resources in implementing the state’s water policy, where possible.

Section 52 [SWCD Supervisor Compensation] raises SWCD supervisor maximum compensation from $75 to $125 per day.

Section 53 [Minnesota River Basin Water Quality and Storage Program] establishes a program to provide financial assistance to local units of government located in the Minnesota River basin to control water volume and rates for the purpose of protecting infrastructure and improving water quality and related public benefits.

Section 54 [Transfer of Water Permits] prohibits the DNR from denying the transfer a water-use permit as part of the conveyance of real property if the permittee is in compliance with all permit conditions and the permit otherwise meets statutory requirements.

Section 55 [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 56 [Groundwater Management Areas Changes] limits what information can be disseminated during the development of a groundwater management area plan. Requires assessment of economic effects of groundwater management designations.

Section 57 [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 58 [Well Interference Claims] requires the condition of the well to be taken into account when validating a well interference claim. Authorizes parties ordered to contribute to an affected well owner to file a contested case petition.

Section 59 [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 60 [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 61 [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.

Sections 62 & 63 [Wastewater Laboratory Certification Fee] prohibit the PCA from increasing the fee for wastewater laboratory certification without legislative approval.

Section 64 [Codification of Dry Cleaner Facility Registration Fees] codifies the current dry cleaner facility registration fees in statute.

Section 65 [PCA Permitting Efficiency Report Modifications] modifies requirements for the PCA’s permitting efficiency report as follows:

  • Makes it semiannual instead of annual.
  • Requires it to cover only Tier 2 permits, not Tier 1 permits.
  • Requires implementation of needed program or system changes, not just their identification.
  • Requires information about the percentage of applications completed in a category.
  • Requires separate information about industrial and municipal permits to be separately stated.
  • Grants permit applicants authority to seek court mandate to act on permit application.

Section 66 [Repeal of Vehicle Emissions Standards Authority] repeals the authority of the PCA to adopt vehicle emissions standards.

Section 67 [Water Permit Fees] clarifies that the PCA may not increase water-related permit fees without legislative approval.

Section 68 [Salt Applicator Certification Program] establishes a voluntary salt applicator certification program.

Sections 69 & 70 [Mississippi River Corridor Critical Area Changes] exempt plans and local regulations of local government units in the Mississippi River Corridor Critical Area from the review and approval procedures that ordinarily apply and replaces those requirements with the language in section 70 that creates a more streamlined review and approval approach.

Section 71 [Pipeline Definition Modification] limits the definition of pipeline in Minnesota Statutes, chapter 216G to those that are owned or operated by a condemning authority.

Section 72 [Use of Metropolitan Landfill Abatement Account] requires 95% of the money credited to the metropolitan landfill abatement account to be used for grants to counties for local recycling development.

Section 73 [Wild Rice Lease Exchanges] makes wild rice lessees responsible for all costs associated with certain land exchanges authorized in the 2016.  

Section 74 [Dry Cleaner Environmental Response and Reimbursement Account] modifies the required contents of a report to be prepared by the PCA on the dry cleaner environmental response and reimbursement account.

Section 75 [Application of Stormwater Requirements] effectuates the goals of a bill enacted last year that was designed to address the fact that townships near large population centers develop unevenly and yet the whole township is often required to undertake stormwater projects and pay related permit fees.

Section 76 [2019 Appropriation Modification] modifies the permissible uses of a 2019 Lower Minnesota River Watershed District appropriation for work performed by another city to stabilize the Seminary Fen.

Section 77 [Analysis of Green Tier Program] requires the PCA to analyze Wisconsin’s Green Tier Program, which recognizes and rewards environmental performance that voluntarily exceeds legal requirements, and to report on challenges and benefits of establishing a similar program in Minnesota.

Section 78 [State Implementation Plan Revision] requires the PCA to seek EPA approval of a modification of Minnesota’s Clean Air Act State Implementation Plan so that the PCA would be prohibited from applying ambient air quality standards in permits issued solely to authorize operations to continue at an existing facility with unmodified emissions.

Section 79 [Addition to State Park] adds 36.72 acres to the boundary of Fort Snelling State Park, Dakota County.   

Section 80 [Addition to State Recreation Area] adds 30.07 acres to the boundary of the Iron Range Off-Highway Vehicle State Recreation Area, St. Louis County.

Section 81 [Deletions from State Park] deletes 8.38 acres from the boundary of Fort Snelling State Park, Dakota County and 402 acres from William O’Brien State Park, Washington County.

Section 82 [Private Sale of Surplus State Land, St. Louis County] authorizes the private sale of 2 acres of surplus state land in St. Louis County to a local unit of government at no cost.  

Section 83 [Private Sale of Tax-Forfeited Lands, St. Louis County] authorizes the private sale of tax-forfeited land in St. Louis county.

Section 84 [WMA Accessibility] requires the DNR and stakeholders to develop recommendations and draft legislation to increase access to wildlife management areas for hunting and other natural-resource-based recreational opportunities.

Section 85 [Revisor Instruction] revisor instruction related to dry cleaner statute changes.

Section 86 [Repealer] related to the sections of the bill pertaining to antler point restrictions, dry cleaners, and DNR’s obsolete golf course authority. 

 
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