HF 460

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying acquisition, 
  1.3             designation, and use provisions for scientific and 
  1.4             natural areas; modifying off-highway vehicle 
  1.5             provisions; authorizing the commissioner to give 
  1.6             preference in certain hunting and fishing license and 
  1.7             permit lotteries to military service members and 
  1.8             veterans; modifying water use permit provisions; 
  1.9             modifying environmental advisory boards; modifying 
  1.10            reporting requirements for certain waste management 
  1.11            revenue; authorizing the use of silencers for certain 
  1.12            wildlife control; modifying requirements for forest 
  1.13            classification status review; modifying requirements 
  1.14            for exempt iron nugget production scale demonstration 
  1.15            facility; providing for the consumptive use of 
  1.16            groundwater; amending Minnesota Statutes 2004, 
  1.17            sections 84.033, by adding a subdivision; 84.798, 
  1.18            subdivision 1; 84.926; 97A.093; 97A.465, by adding a 
  1.19            subdivision; 103G.271, subdivision 5; 115A.072, 
  1.20            subdivision 1; 115A.12; 115A.929; 609.66, subdivisions 
  1.21            1h, 2; Laws 2003, chapter 128, article 1, section 167, 
  1.22            subdivision 1; Laws 2004, chapter 220, section 1; 
  1.23            repealing Minnesota Statutes 2004, section 84.033, 
  1.24            subdivision 2. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 2004, section 84.033, is 
  1.27  amended by adding a subdivision to read: 
  1.28     Subd. 3.  [COUNTY APPROVAL.] The commissioner must follow 
  1.29  the procedures under section 97A.145, subdivision 2, for 
  1.30  scientific and natural areas acquired under this section. 
  1.31     [EFFECTIVE DATE.] This section is effective the day 
  1.32  following final enactment. 
  1.33     Sec. 2.  Minnesota Statutes 2004, section 84.798, 
  1.34  subdivision 1, is amended to read: 
  1.35     Subdivision 1.  [GENERAL REQUIREMENTS.] Unless exempted 
  2.1   under subdivision 2, after January 1, 1995, a person may not 
  2.2   operate and an owner may not give permission for another to 
  2.3   operate a vehicle off-road, nor may a person have an off-road 
  2.4   vehicle not registered under chapter 168 in possession at an 
  2.5   off-road vehicle staging area, or designated trail on lands 
  2.6   administered by the commissioner, on trails or area areas 
  2.7   designated for off-road vehicle use, or on off-road vehicle 
  2.8   grant-in-aid trails and areas funded under section 84.803, 
  2.9   unless the vehicle has been registered under this section. 
  2.10     Sec. 3.  Minnesota Statutes 2004, section 84.926, is 
  2.11  amended to read: 
  2.12     84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE 
  2.13  COMMISSIONER; EXCEPTIONS.] 
  2.14     Subdivision 1.  [EXCEPTION BY PERMIT.] 
  2.15  Notwithstanding section sections 84.773, subdivision 1, and 
  2.16  84.777, on a case by case basis, the commissioner may issue a 
  2.17  permit authorizing a person to operate an off-highway vehicle on 
  2.18  individual public trails under the commissioner's jurisdiction 
  2.19  during specified times and for specified purposes.  
  2.20     Subd. 2.  [ALL-TERRAIN VEHICLES; MANAGED OR LIMITED 
  2.21  FORESTS; OFF TRAIL.] Notwithstanding section 84.777, on state 
  2.22  forest lands classified as managed or limited, other than the 
  2.23  Richard J. Dorer Memorial Hardwood Forest, a person may use an 
  2.24  all-terrain vehicle off forest trails or forest roads when: 
  2.25     (1) hunting big game or transporting or installing hunting 
  2.26  stands during October, November, and December, when in 
  2.27  possession of a valid big game hunting license; 
  2.28     (2) retrieving big game in September, when in possession of 
  2.29  a valid big game hunting license; 
  2.30     (3) tending traps during an open trapping season for 
  2.31  protected furbearers, when in possession of a valid trapping 
  2.32  license; or 
  2.33     (4) trapping minnows, when in possession of a valid minnow 
  2.34  dealer, private fish hatchery, or aquatic farm license. 
  2.35     Subd. 3.  [ALL-TERRAIN VEHICLES; CLOSED FORESTS; 
  2.36  HUNTING.] Notwithstanding section 84.777, the commissioner may 
  3.1   determine whether all-terrain vehicles are allowed on specific 
  3.2   forest roads, on state forest lands classified as closed, for 
  3.3   the purpose of hunting big game during an open big game season.  
  3.4   The determination shall be by written order as published in the 
  3.5   State Register and is exempt from chapter 14.  Section 14.386 
  3.6   does not apply. 
  3.7      Subd. 4.  [OFF-ROAD AND ALL-TERRAIN VEHICLES; LIMITED OR 
  3.8   MANAGED FORESTS; TRAILS.] Notwithstanding section 84.777, on 
  3.9   state forest lands classified as limited or managed, other than 
  3.10  the Richard J. Dorer Memorial Hardwood Forest, a person may use 
  3.11  vehicles registered under chapter 168 or section 84.798 or 
  3.12  84.922 on forest trails that are not designated for a specific 
  3.13  use when: 
  3.14     (1) hunting big game or transporting or installing hunting 
  3.15  stands during October, November, and December, when in 
  3.16  possession of a valid big game hunting license; 
  3.17     (2) retrieving big game in September, when in possession of 
  3.18  a valid big game hunting license; 
  3.19     (3) tending traps during an open trapping season for 
  3.20  protected furbearers, when in possession of a valid trapping 
  3.21  license; or 
  3.22     (4) trapping minnows, when in possession of a valid minnow 
  3.23  dealer, private fish hatchery, or aquatic farm license. 
  3.24     Sec. 4.  Minnesota Statutes 2004, section 97A.093, is 
  3.25  amended to read: 
  3.26     97A.093 [HUNTING, TRAPPING, AND FISHING IN SCIENTIFIC AND 
  3.27  NATURAL AREAS.] 
  3.28     Except as otherwise provided by law, scientific and natural 
  3.29  areas are closed to hunting, trapping, and fishing unless: 
  3.30     (1) for scientific and natural areas designated before May 
  3.31  15, 1992, the designating document allows hunting, trapping, or 
  3.32  fishing; or 
  3.33     (2) for other scientific and natural areas, the 
  3.34  commissioner allows hunting, trapping, or fishing in accordance 
  3.35  with the procedure in section 86A.05, subdivision 5, paragraph 
  3.36  (d). 
  4.1      [EFFECTIVE DATE.] This section is effective the day 
  4.2   following final enactment. 
  4.3      Sec. 5.  Minnesota Statutes 2004, section 97A.465, is 
  4.4   amended by adding a subdivision to read: 
  4.5      Subd. 5.  [PREFERENCE TO SERVICE MEMBERS.] (a) For purposes 
  4.6   of this subdivision:  
  4.7      (1) "qualified service member or veteran" means a Minnesota 
  4.8   resident who is currently serving, or has served at any time 
  4.9   during the past 24 months, in active service as a member of the 
  4.10  United States armed forces, including the National Guard or 
  4.11  other military reserves; and 
  4.12     (2) "active service" means service defined under section 
  4.13  190.05, subdivision 5b or 5c. 
  4.14     (b) Notwithstanding any other provision of this chapter, 
  4.15  chapter 97B or 97C, or administrative rules, the commissioner 
  4.16  may give first preference to qualified service members or 
  4.17  veterans in any drawing or lottery involving the selection of 
  4.18  applicants for hunting or fishing licenses and permits.  This 
  4.19  subdivision does not apply to licenses or permits for taking 
  4.20  moose, elk, or prairie chickens.  Actions of the commissioner 
  4.21  under this subdivision are not rules under the Administrative 
  4.22  Procedures Act and section 14.386 does not apply. 
  4.23     [EFFECTIVE DATE.] This section is effective the day 
  4.24  following final enactment. 
  4.25     Sec. 6.  Minnesota Statutes 2004, section 103G.271, 
  4.26  subdivision 5, is amended to read: 
  4.27     Subd. 5.  [PROHIBITION ON ONCE-THROUGH WATER USE PERMITS.] 
  4.28  (a) The commissioner may not, after December 31, 1990, issue a 
  4.29  water use permit to increase the volume of appropriation from a 
  4.30  groundwater source for a once-through cooling system using in 
  4.31  excess of 5,000,000 gallons annually. 
  4.32     (b) Once-through system water use permits using in excess 
  4.33  of 5,000,000 gallons annually, must be terminated by the 
  4.34  commissioner by the end of their design life but not later than 
  4.35  December 31, 2010, unless the discharge is into a public water 
  4.36  basin within a nature preserve approved by the commissioner and 
  5.1   established prior to January 1, 2001.  Existing once-through 
  5.2   systems must not be expanded and are required to convert to 
  5.3   water efficient alternatives within the design life of existing 
  5.4   equipment.  
  5.5      (c) Notwithstanding paragraphs (a) and (b), the 
  5.6   commissioner, with the approval of the commissioners of health 
  5.7   and the Pollution Control Agency, may issue once-through system 
  5.8   water use permits on an annual basis for aquifer storage and 
  5.9   recovery systems that return all once-through system water to 
  5.10  the source aquifer.  Water use permit processing fees in 
  5.11  subdivision 6, paragraph (a), apply to all water withdrawals 
  5.12  under this paragraph, including any reuse of water returned to 
  5.13  the source aquifer. 
  5.14     Sec. 7.  Minnesota Statutes 2004, section 115A.072, 
  5.15  subdivision 1, is amended to read: 
  5.16     Subdivision 1.  [ENVIRONMENTAL EDUCATION ADVISORY BOARD.] 
  5.17  (a) The director shall provide for the development and 
  5.18  implementation of environmental education programs that are 
  5.19  designed to meet the goals listed in section 115A.073. 
  5.20     (b) The Environmental Education Advisory Board shall advise 
  5.21  the director in carrying out the director's responsibilities 
  5.22  under this section.  The board consists of 20 members as follows:
  5.23     (1) a representative of the Pollution Control Agency, 
  5.24  appointed by the commissioner of the agency; 
  5.25     (2) a representative of the Department of Education, 
  5.26  appointed by the commissioner of education; 
  5.27     (3) a representative of the Department of Agriculture, 
  5.28  appointed by the commissioner of agriculture; 
  5.29     (4) a representative of the Department of Health, appointed 
  5.30  by the commissioner of health; 
  5.31     (5) a representative of the Department of Natural 
  5.32  Resources, appointed by the commissioner of natural resources; 
  5.33     (6) a representative of the Board of Water and Soil 
  5.34  Resources, appointed by that board; 
  5.35     (7) a representative of the Environmental Quality Board, 
  5.36  appointed by that board; 
  6.1      (8) a representative of the Board of Teaching, appointed by 
  6.2   that board; 
  6.3      (9) a representative of the University of Minnesota 
  6.4   Extension Service, appointed by the director of the service; 
  6.5      (10) a citizen member from each congressional district, of 
  6.6   which two must be licensed teachers currently teaching in the 
  6.7   K-12 system, appointed by the director; and 
  6.8      (11) three at-large citizen members, appointed by the 
  6.9   director. 
  6.10  The citizen members shall serve two-year terms.  Compensation of 
  6.11  board members is governed by section 15.059, subdivision 6.  The 
  6.12  board expires on June 30, 2003 2008. 
  6.13     Sec. 8.  Minnesota Statutes 2004, section 115A.12, is 
  6.14  amended to read: 
  6.15     115A.12 [ADVISORY COUNCILS.] 
  6.16     (a) The director shall establish a Solid Waste Management 
  6.17  Advisory Council and a Prevention, Reduction, and Recycling an 
  6.18  Environmental Innovations Advisory Council that are is broadly 
  6.19  representative of the geographic areas and interests of the 
  6.20  state.  
  6.21     (b) The solid waste council shall have not less than nine 
  6.22  nor more than 21 members.  The membership of the solid waste 
  6.23  council shall consist of one-third citizen representatives, 
  6.24  one-third representatives from local government units, and 
  6.25  one-third representatives from private solid waste management 
  6.26  firms.  The solid waste council shall contain at least three 
  6.27  members experienced in the private recycling industry and at 
  6.28  least one member experienced in each of the following areas:  
  6.29  state and municipal finance; solid waste collection, processing, 
  6.30  and disposal; and solid waste reduction and resource recovery. 
  6.31     (c) (b) The Prevention, Reduction, and Recycling 
  6.32  Environmental Innovations Advisory Council shall have not less 
  6.33  than nine nor or more than 24 members.  The membership shall 
  6.34  consist of one-third citizen representatives, one-third 
  6.35  representatives of government, institutional, and one-third 
  6.36  representatives of business and industry representatives.  The 
  7.1   director may appoint nonvoting members from other environmental 
  7.2   and business assistance providers in the state. 
  7.3      (d) (c) The chairs chair of the advisory councils 
  7.4   council shall be appointed by the director.  The director shall 
  7.5   provide administrative and staff services for the advisory 
  7.6   councils council.  The advisory councils council shall have such 
  7.7   duties as are assigned by law or the director.  The Solid Waste 
  7.8   Advisory Council shall make recommendations to the office on its 
  7.9   solid waste management activities.  The Prevention, Reduction, 
  7.10  and Recycling Environmental Innovations Advisory Council shall 
  7.11  make recommendations to the office on policy, programs, and 
  7.12  legislation in pollution prevention, waste reduction, reuse and, 
  7.13  recycling, and resource conservation, and the management of 
  7.14  hazardous waste.  The Environmental Innovations Advisory Council 
  7.15  shall focus on developing and implementing innovative programs 
  7.16  that improve Minnesota's environment by emphasizing front-end 
  7.17  preventative, and resource conservation approaches to preventing 
  7.18  waste and pollution.  The council shall emphasize partnerships 
  7.19  of government, citizens, institutions, and business to develop 
  7.20  and implement these programs.  Members of the advisory councils 
  7.21  council shall serve without compensation but shall be reimbursed 
  7.22  for their reasonable expenses as determined by the director.  
  7.23  Notwithstanding section 15.059, subdivision 5, the Solid Waste 
  7.24  Management Advisory Council and the Prevention, Reduction, and 
  7.25  Recycling Environmental Innovations Advisory Council expire 
  7.26  expires June 30, 2003 2009. 
  7.27     Sec. 9.  Minnesota Statutes 2004, section 115A.929, is 
  7.28  amended to read: 
  7.29     115A.929 [FEES; ACCOUNTING.] 
  7.30     Each political subdivision that provides for solid waste 
  7.31  management shall account for all revenue collected from waste 
  7.32  management fees, together with interest earned on revenue from 
  7.33  the fees, separately from other revenue collected by the 
  7.34  political subdivision and shall report revenue collected from 
  7.35  the fees and use of the revenue separately from other revenue 
  7.36  and use of revenue in any required financial report or audit.  
  8.1   Each political subdivision must file with the director, on or 
  8.2   before June 30 annually, the separate report of all revenue 
  8.3   collected from waste management fees, together with interest on 
  8.4   revenue from the fees, for the previous year.  For the purposes 
  8.5   of this section, "waste management fees" means: 
  8.6      (1) all fees, charges, and surcharges collected under 
  8.7   sections 115A.919, 115A.921, and 115A.923; 
  8.8      (2) all tipping fees collected at waste management 
  8.9   facilities owned or operated by the political subdivision; 
  8.10     (3) all charges imposed by the political subdivision for 
  8.11  waste collection and management services; and 
  8.12     (4) any other fees, charges, or surcharges imposed on waste 
  8.13  or for the purpose of waste management, whether collected 
  8.14  directly from generators or indirectly through property taxes or 
  8.15  as part of utility or other charges for services provided by the 
  8.16  political subdivision. 
  8.17     Sec. 10.  Minnesota Statutes 2004, section 609.66, 
  8.18  subdivision 1h, is amended to read: 
  8.19     Subd. 1h.  [SILENCERS; AUTHORIZED FOR LAW ENFORCEMENT AND 
  8.20  NATURAL RESOURCE WILDLIFE CONTROL PURPOSES.] Notwithstanding 
  8.21  subdivision 1a, paragraph (a), clause (1), licensed peace 
  8.22  officers may use devices designed to silence or muffle the 
  8.23  discharge of a firearm for wildlife control operations under 
  8.24  subdivision 2 or for tactical emergency response operations.  
  8.25  Tactical emergency response operations include execution of high 
  8.26  risk search and arrest warrants, incidents of terrorism, hostage 
  8.27  rescue, and any other tactical deployments involving high risk 
  8.28  circumstances.  The chief law enforcement officer of a law 
  8.29  enforcement agency that has the need to use silencing devices 
  8.30  must establish and enforce a written policy governing the use of 
  8.31  the devices. 
  8.32     Sec. 11.  Minnesota Statutes 2004, section 609.66, 
  8.33  subdivision 2, is amended to read: 
  8.34     Subd. 2.  [EXCEPTIONS.] Nothing in this section prohibits: 
  8.35     (1) the possession of the articles mentioned by museums or 
  8.36  collectors of art or for other lawful purposes of public 
  9.1   exhibition; and 
  9.2      (2) the possession, use, and transportation of a silencer 
  9.3   by a federal, state, local, or tribal government agency for the 
  9.4   purpose of wildlife control.  The chief enforcement officer of 
  9.5   each government agency that has a need to use silencing devices 
  9.6   must establish and enforce a written policy governing the use of 
  9.7   the devices. 
  9.8      Sec. 12.  Laws 2003, chapter 128, article 1, section 167, 
  9.9   subdivision 1, is amended to read: 
  9.10     Subdivision 1.  [FOREST CLASSIFICATION STATUS REVIEW.] (a) 
  9.11  By December 31, 2006, the commissioner of natural resources 
  9.12  shall complete a review of the forest classification status of 
  9.13  all state forests classified as managed, all forest lands under 
  9.14  the authority of the commissioner as defined in Minnesota 
  9.15  Statutes, section 89.001, subdivision 13, and lands managed by 
  9.16  the commissioner under Minnesota Statutes, section 282.011.  The 
  9.17  review must be conducted on a forest-by-forest and area-by-area 
  9.18  basis in accordance with the process and criteria under 
  9.19  Minnesota Rules, part 6100.1950.  After each forest is reviewed, 
  9.20  the commissioner must change its status to limited or closed, 
  9.21  and must provide a similar status for each of the other areas 
  9.22  subject to review under this section after each individual 
  9.23  review is completed.  
  9.24     (b) If the commissioner determines on January 1, 2005, that 
  9.25  the review required under this section cannot be completed by 
  9.26  December 31, 2006, the completion date for the review shall be 
  9.27  extended to December 31, 2008.  By January 15, 2005, the 
  9.28  commissioner shall report to the chairs of the legislative 
  9.29  committees with jurisdiction over natural resources policy and 
  9.30  finance regarding the status of the process required by this 
  9.31  section.  
  9.32     (c) Until December 31, 2010, the state forests and areas 
  9.33  subject to review under this section are exempt from Minnesota 
  9.34  Statutes, section 84.777, unless an individual forest or area 
  9.35  has been classified as limited or closed.  
  9.36     (d) This subdivision does not apply to forest lands north 
 10.1   of U.S. Highway 2.  All forest lands under the authority of the 
 10.2   commissioner as defined in Minnesota Statutes, section 89.001, 
 10.3   subdivision 13, and lands managed by the commissioner under 
 10.4   Minnesota Statutes, section 282.011, that are north of U.S. 
 10.5   Highway 2 shall be classified as managed for the purpose of 
 10.6   off-highway vehicle use. 
 10.7      Sec. 13.  Laws 2004, chapter 220, section 1, is amended to 
 10.8   read: 
 10.9      Section 1.  [ENVIRONMENTAL REVIEW; IRON NUGGET PRODUCTION 
 10.10  SCALE DEMONSTRATION FACILITY EXEMPTION.] 
 10.11     (a) The first iron nugget production scale demonstration 
 10.12  facility that meets all of the criteria in this section shall be 
 10.13  exempt from environmental review under Minnesota Statutes, 
 10.14  chapter 116D and Minnesota Rules, chapter 4410.  The qualifying 
 10.15  project must: 
 10.16     (1) be the first iron nugget production scale demonstration 
 10.17  facility in Minnesota; 
 10.18     (2) involve a single rotary hearth furnace of maximum 
 10.19  outside pitch circle diameter, as measured from the midpoint of 
 10.20  hearth to the midpoint of hearth, of 60 meters; 
 10.21     (3) be located outside the area adjacent to the north shore 
 10.22  of Lake Superior classified as the lake orientation zone in the 
 10.23  Department of Natural Resources report entitled "North Shore 
 10.24  Characterization Study"; and 
 10.25     (4) have complete permit applications submitted to the 
 10.26  appropriate state agencies in calendar year 2004 by June 30, 
 10.27  2005, for all permits required to construct and operate the 
 10.28  facility. 
 10.29     (b) The Department of Natural Resources, the Environmental 
 10.30  Quality Board, the Pollution Control Agency, and any other state 
 10.31  agency with applicable permit-granting authority shall provide 
 10.32  public notice for any necessary permits for the iron nugget 
 10.33  production scale demonstration facility within four months of 
 10.34  receiving complete applications. 
 10.35     (c) If the first iron nugget production scale demonstration 
 10.36  facility to qualify for this exemption is proposed at a 
 11.1   stationary source that has permitted taconite pellet furnaces, 
 11.2   permanent shutdown of those pellet furnaces, prior to start-up 
 11.3   of the iron nugget production scale demonstration facility, 
 11.4   shall be a requirement in the iron nugget production scale 
 11.5   demonstration facility air quality permit.  The shutdown of 
 11.6   these furnaces shall not be creditable in calculating the "net 
 11.7   emissions increase," as defined in Code of Federal Regulations, 
 11.8   title 40, section 52.21, for this project. 
 11.9      (d) The Pollution Control Agency shall strive in the 
 11.10  permitting process to assure the lowest mercury emissions 
 11.11  reasonably possible. 
 11.12     (e) Permit applications must comply with applicable law, 
 11.13  except that an iron nugget production scale demonstration 
 11.14  facility that meets the criteria in this section is exempt from 
 11.15  environmental review under Minnesota Statutes, chapter 116D and 
 11.16  Minnesota Rules, chapter 4410, and the company is not required 
 11.17  to perform an environmental review before permits are issued for 
 11.18  the iron nugget production scale demonstration facility.  
 11.19     (f) The construction and operation of the iron nugget 
 11.20  production scale demonstration facility will demonstrate whether 
 11.21  the technology is technically and economically feasible at this 
 11.22  larger scale.  Environmental data from the operation of the iron 
 11.23  nugget production scale demonstration facility may be used in 
 11.24  the environmental review and permitting of commercial scale 
 11.25  facilities built elsewhere in Minnesota. 
 11.26     (g) The exemption does not affect any existing permit 
 11.27  requirement that may require environmental review for a 
 11.28  commercial scale iron nugget facility at an existing taconite 
 11.29  facility located within the area adjacent to the north shore of 
 11.30  Lake Superior classified as the lake orientation zone in the 
 11.31  Department of Natural Resources report entitled "North Shore 
 11.32  Characterization Study." 
 11.33     [EFFECTIVE DATE.] This section is effective the day 
 11.34  following final enactment. 
 11.35     Sec. 14.  [CONSUMPTIVE USE OF GROUNDWATER.] 
 11.36     Pursuant to Minnesota Statutes, section 103G.265, 
 12.1   subdivision 3, the legislature approves the consumptive use of 
 12.2   groundwater under a permit of more than 2,000,000 gallons per 
 12.3   day average in a 30-day period in the St. Paul Regional Water 
 12.4   Services service area in connection with a municipal water 
 12.5   supply system operated by the St. Paul Board of Water 
 12.6   Commissioners, subject to a determination by the commissioner of 
 12.7   natural resources that the water remaining in the basin of 
 12.8   origin will be adequate to meet the basin's need for water and 
 12.9   subject to subsequent approval by the commissioner. 
 12.10     [EFFECTIVE DATE.] This section is effective the day 
 12.11  following final enactment. 
 12.12     Sec. 15.  [REPEALER.] 
 12.13     Minnesota Statutes 2004, section 84.033, subdivision 2, is 
 12.14  repealed. 
 12.15     [EFFECTIVE DATE.] This section is effective the day 
 12.16  following final enactment.