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1.1.................... moves to amend H.F. No. 888, the third engrossment, as follows:
1.2Delete everything after the enacting clause and insert:
1.7and for the purposes specified in this article. The appropriations are from the general fund,
1.8or another named fund, and are available for the fiscal years indicated for each purpose.
1.9The figures "2018" and "2019" used in this article mean that the appropriations listed under
1.10them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
1.11"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
1.12is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are
1.13effective the day following final enactment.
2.4purpose are specified in the following
2.6The commissioner must present the agency's
2.7biennial budget for fiscal years 2020 and 2021
2.8to the legislature in a transparent way by
2.9agency division, including the proposed
2.10budget bill and presentations of the budget to
2.11committees and divisions with jurisdiction
2.12over the agency's budget.
2.19second year are from the environmental fund
2.21(1) a municipal liaison to assist municipalities
2.22in implementing and participating in the
2.23water-quality standards rulemaking process
2.24and navigating the NPDES/SDS permitting
2.26(2) enhanced economic analysis in the
2.27water-quality standards rulemaking process,
2.28including more-specific analysis and
2.29identification of cost-effective permitting;
2.30(3) developing statewide economic analyses
2.31and templates to reduce the amount of
2.32information and time required for
2.33municipalities to apply for variances from
2.34water-quality standards; and
3.1(4) coordinating with the Public Facilities
3.2Authority to identify and advocate for the
3.3resources needed for municipalities to achieve
3.5(b) $204,000 the first year and $204,000 the
3.6second year are from the environmental fund
3.7for a monitoring program under Minnesota
3.8Statutes, section 116.454.
3.9(c) $346,000 the first year and $346,000 the
3.10second year are from the environmental fund
3.11for monitoring ambient air for hazardous
3.13(d) $90,000 the first year and $90,000 the
3.14second year are from the environmental fund
3.15for duties related to harmful chemicals in
3.16children's products under Minnesota Statutes,
3.17sections 116.9401 to 116.9407. Of this
3.18amount, $57,000 each year is transferred to
3.19the commissioner of health.
3.20(e) $109,000 the first year and $109,000 the
3.21second year are from the environmental fund
3.22for registration of wastewater laboratories.
3.23(f) $913,000 the first year and $913,000 the
3.24second year are from the environmental fund
3.25to continue perfluorochemical biomonitoring
3.26in eastern-metropolitan communities, as
3.27recommended by the Environmental Health
3.28Tracking and Biomonitoring Advisory Panel,
3.29and address other environmental health risks,
3.30including air quality. The communities must
3.31include Hmong and other immigrant farming
3.32communities. Of this amount, up to $677,000
3.33the first year and $677,000 the second year
3.34are for transfer to the Department of Health.
4.1(g) $100,000 the first year and $50,000 the
4.2second year are from the environmental fund
4.3for impaired waters listing procedures required
4.4under this act.
4.11second year are from the remediation fund for
4.12the leaking underground storage tank program
4.13to investigate, clean up, and prevent future
4.14releases from underground petroleum storage
4.15tanks and to the petroleum remediation
4.16program for vapor assessment and
4.17remediation. These same annual amounts are
4.18transferred from the petroleum tank fund to
4.19the remediation fund.
4.22second year are from the environmental fund
4.24(1) a municipal liaison to assist municipalities
4.25in implementing and participating in the
4.26water-quality standards rulemaking process
4.27and navigating the NPDES/SDS permitting
4.29(2) enhanced economic analysis in the
4.30water-quality standards rulemaking process,
4.31including more specific analysis and
4.32identification of cost-effective permitting;
4.33(3) development of statewide economic
4.34analyses and templates to reduce the amount
5.1of information and time required for
5.2municipalities to apply for variances from
5.3water quality standards; and
5.4(4) coordinating with the Public Facilities
5.5Authority to identify and advocate for the
5.6resources needed for municipalities to achieve
5.8(b) $50,000 the first year and $50,000 the
5.9second year are from the environmental fund
5.10for transfer to the Office of Administrative
5.11Hearings to establish sanitary districts.
5.12(c) $615,000 the first year and $614,000 the
5.13second year are from the environmental fund
5.14for subsurface sewage treatment system
5.15(SSTS) program administration and
5.16community technical assistance and education,
5.17including grants and technical assistance to
5.18communities for water-quality protection. Of
5.19this amount, $129,000 each year is for
5.20assistance to counties through grants for SSTS
5.21program administration. A county receiving
5.22a grant from this appropriation must submit
5.23the results achieved with the grant to the
5.24commissioner as part of its annual SSTS
5.25report. Any unexpended balance in the first
5.26year does not cancel but is available in the
5.28(d) $639,000 the first year and $640,000 the
5.29second year are from the environmental fund
5.30to address the need for continued increased
5.31activity in the areas of new technology review,
5.32technical assistance for local governments,
5.33and enforcement under Minnesota Statutes,
5.34sections 115.55 to 115.58, and to complete the
6.1requirements of Laws 2003, chapter 128,
6.2article 1, section 165.
6.3(e) Notwithstanding Minnesota Statutes,
6.4section 16A.28, the appropriations
6.5encumbered on or before June 30, 2019, as
6.6grants or contracts for subsurface sewage
6.7treatment systems, surface water and
6.8groundwater assessments, storm water, and
6.9water-quality protection in this subdivision
6.10are available until June 30, 2022.
6.17second year are from the remediation fund for
6.18purposes of the leaking underground storage
6.19tank program to investigate, clean up, and
6.20prevent future releases from underground
6.21petroleum storage tanks, and to the petroleum
6.22remediation program for vapor assessment
6.23and remediation. These same annual amounts
6.24are transferred from the petroleum tank fund
6.25to the remediation fund.
6.26(b) $400,000 the first year and $400,000 the
6.27second year are from the environmental fund
6.28to develop and maintain systems to support
6.29permitting and regulatory business processes
6.30and agency data.
6.31(c) $300,000 the first year is from the
6.32environmental fund for a grant to the
6.33Metropolitan Council under Minnesota
6.34Statutes, section 116.195, for wastewater
6.35infrastructure to support waste to biofuel
7.1development. This is a onetime appropriation
7.2and is available until June 30, 2019.
7.11compensation, and compliance in the
7.12remediation fund not otherwise appropriated
7.13is appropriated to the commissioners of the
7.14Pollution Control Agency and agriculture for
7.15purposes of Minnesota Statutes, section
7.16115B.20, subdivision 2, clauses (1), (2), (3),
7.17(6), and (7). At the beginning of each fiscal
7.18year, the two commissioners shall jointly
7.19submit an annual spending plan to the
7.20commissioner of management and budget that
7.21maximizes the use of resources and
7.22appropriately allocates the money between the
7.23two departments. This appropriation is
7.24available until June 30, 2019.
7.25(b) $432,000 the first year and $432,000 the
7.26second year are from the environmental fund
7.27to manage contaminated sediment projects at
7.28multiple sites identified in the St. Louis River
7.29remedial action plan to restore water quality
7.30in the St. Louis River area of concern. The
7.31base budget for fiscal year 2020 is $432,000
7.32and for fiscal year 2021 is $0.
7.33(c) $3,521,000 the first year and $3,520,000
7.34the second year are from the remediation fund
7.35for purposes of the leaking underground
8.1storage tank program to investigate, clean up,
8.2and prevent future releases from underground
8.3petroleum storage tanks, and to the petroleum
8.4remediation program for purposes of vapor
8.5assessment and remediation. These same
8.6annual amounts are transferred from the
8.7petroleum tank fund to the remediation fund.
8.8(d) $252,000 the first year and $252,000 the
8.9second year are from the remediation fund for
8.10transfer to the commissioner of health for
8.11private water-supply monitoring and health
8.12assessment costs in areas contaminated by
8.13unpermitted mixed municipal solid waste
8.14disposal facilities and drinking water
8.15advisories and public information activities
8.16for areas contaminated by hazardous releases.
8.17(e) Notwithstanding Minnesota Statutes,
8.18section 115B.421, $4,000,000 the first year is
8.19from the closed landfill investment fund for
8.20remedial investigations, feasibility studies,
8.21engineering, and cleanup-related activities for
8.22purposes of environmental response actions
8.23at a priority qualified facility under Minnesota
8.24Statutes, section 115B.406. By January 15,
8.252018, the commissioner must submit a status
8.26report to the chairs and ranking minority
8.27members of the house of representatives and
8.28senate committees and divisions with
8.29jurisdiction over the environment and natural
8.30resources. This is a onetime appropriation and
8.31is available until June 30, 2019.
9.3the second year may be transferred from the
9.4environmental fund to the small business
9.5environmental improvement loan account
9.6established in Minnesota Statutes, section
9.8(b) $500,000 the first year and $500,000 the
9.9second year are from the environmental fund
9.10for competitive recycling grants under
9.11Minnesota Statutes, section 115A.565. This
9.12appropriation is available until June 30, 2021.
9.13Any unencumbered grant and loan balances
9.14in the first year do not cancel but are available
9.15for grants and loans in the second year.
9.16(c) $693,000 the first year and $693,000 the
9.17second year are from the environmental fund
9.18for emission reduction activities and grants to
9.19small businesses and other nonpoint emission
9.20reduction efforts. Any unencumbered grant
9.21and loan balances in the first year do not
9.22cancel but are available for grants and loans
9.23in the second year.
9.24(d) $19,750,000 the first year and $19,750,000
9.25the second year are from the environmental
9.26fund for SCORE block grants to counties.
9.27(e) $119,000 the first year and $119,000 the
9.28second year are from the environmental fund
9.29for environmental assistance grants or loans
9.30under Minnesota Statutes, section 115A.0716.
9.31Any unencumbered grant and loan balances
9.32in the first year do not cancel but are available
9.33for grants and loans in the second year.
10.1(f) $68,000 the first year and $69,000 the
10.2second year are from the environmental fund
10.3for subsurface sewage treatment system
10.4(SSTS) program administration and
10.5community technical assistance and education,
10.6including grants and technical assistance to
10.7communities for water-quality protection.
10.8(g) $125,000 the first year and $126,000 the
10.9second year are from the environmental fund
10.10to address the need for continued increased
10.11activity in the areas of new technology review,
10.12technical assistance for local governments,
10.13and enforcement under Minnesota Statutes,
10.14sections 115.55 to 115.58, and to complete the
10.15requirements of Laws 2003, chapter 128,
10.16article 1, section 165.
10.17(h) All money deposited in the environmental
10.18fund for the metropolitan solid waste landfill
10.19fee in accordance with Minnesota Statutes,
10.20section 473.843, and not otherwise
10.21appropriated, is appropriated for the purposes
10.22of Minnesota Statutes, section 473.844.
10.23(i) Notwithstanding Minnesota Statutes,
10.24section 16A.28, the appropriations
10.25encumbered on or before June 30, 2019, as
10.26contracts or grants for environmental
10.27assistance awarded under Minnesota Statutes,
10.28section 115A.0716; technical and research
10.29assistance under Minnesota Statutes, section
10.30115A.152; technical assistance under
10.31Minnesota Statutes, section 115A.52; and
10.32pollution prevention assistance under
10.33Minnesota Statutes, section 115D.04, are
10.34available until June 30, 2021.
11.1(j) $20,000 the first year is from the
11.2environmental fund for four grants to local
11.3units of government to assist with plastic bag
11.4recycling efforts. Two of the grants must be
11.5for local units of government in urban areas
11.6and two of the grants to local units of
11.7government in rural areas of the state. By
11.8January 15, 2018, grantees shall report to the
11.9commissioner on the activities and results of
11.10their efforts to increase plastic bag recycling.
11.11This is a onetime appropriation.
11.18the second year are from the environmental
11.19fund for grants to delegated counties to
11.20administer the county feedlot program under
11.21Minnesota Statutes, section 116.0711,
11.22subdivisions 2 and 3. Money remaining after
11.23the first year is available for the second year.
11.24(b) $207,000 the first year and $207,000 the
11.25second year are from the environmental fund
11.26for the costs of implementing general
11.27operating permits for feedlots over 1,000
11.29(c) $118,000 the first year and $118,000 the
11.30second year are from the remediation fund for
11.31purposes of the leaking underground storage
11.32tank program to investigate, clean up, and
11.33prevent future releases from underground
11.34petroleum storage tanks, and to the petroleum
11.35remediation program for vapor assessment
12.1and remediation. These same annual amounts
12.2are transferred from the petroleum tank fund
12.3to the remediation fund.
12.6second year are from the environmental fund
12.7for Environmental Quality Board operations
12.9(b) $503,000 the first year and $503,000 the
12.10second year are from the environmental fund
12.11for the Environmental Quality Board to lead
12.12an interagency team to provide technical
12.13assistance regarding the mining, processing,
12.14and transporting of silica sand. Of this amount,
12.15up to $75,000 each year may be transferred to
12.16the commissioner of natural resources to
12.17review the implementation of the rules adopted
12.18by the commissioner pursuant to Laws 2013,
12.19chapter 114, article 4, section 105, paragraph
12.20(b), pertaining to the reclamation of silica sand
12.21mines, to ensure that local government
12.22reclamation programs are implemented in a
12.23manner consistent with the rules.
12.26$34,000,000 from the environmental fund to
12.27the remediation fund for the purposes of the
12.28remediation fund under Minnesota Statutes,
12.29section 116.155, subdivision 2.
12.30(b) The commissioner shall transfer
12.31$2,800,000 in fiscal year 2018 and $2,500,000
12.32in fiscal year 2019 and each year thereafter
12.33from the environmental fund in Minnesota
12.34Statutes, section 16A.531, to the commissioner
13.1of management and budget for deposit in the
13.13purpose are specified in the following
13.24second year are for environmental research
13.25relating to mine permitting, of which $200,000
13.26each year is from the minerals management
13.27account and $119,000 each year is from the
13.29(b) $2,815,000 the first year and $2,815,000
13.30the second year are from the minerals
13.31management account in the natural resources
13.32fund for use as provided in Minnesota Statutes,
13.33section 93.2236, paragraph (c), for mineral
13.34resource management, projects to enhance
14.1future mineral income, and projects to promote
14.2new mineral resource opportunities.
14.3(c) $200,000 the first year and $200,000 the
14.4second year are from the state forest suspense
14.5account in the permanent school fund to secure
14.6maximum long-term economic return from
14.7the school trust lands consistent with fiduciary
14.8responsibilities and sound natural resources
14.9conservation and management principles.
14.10(d) $125,000 the first year and $125,000 the
14.11second year are for conservation easement
14.20the second year are from the invasive species
14.21account in the natural resources fund and
14.22$3,206,000 the first year and $3,206,000 the
14.23second year are from the general fund for
14.24management, public awareness, assessment
14.25and monitoring research, and water access
14.26inspection to prevent the spread of invasive
14.27species; management of invasive plants in
14.28public waters; and management of terrestrial
14.29invasive species on state-administered lands.
14.30(b) $5,000,000 the first year and $5,000,000
14.31the second year are from the water
14.32management account in the natural resources
14.33fund for only the purposes specified in
14.34Minnesota Statutes, section 103G.27,
15.1(c) $124,000 the first year and $124,000 the
15.2second year are for a grant to the Mississippi
15.3Headwaters Board for up to 50 percent of the
15.4cost of implementing the comprehensive plan
15.5for the upper Mississippi within areas under
15.6the board's jurisdiction.
15.7(d) $10,000 the first year and $10,000 the
15.8second year are for payment to the Leech Lake
15.9Band of Chippewa Indians to implement the
15.10band's portion of the comprehensive plan for
15.11the upper Mississippi.
15.12(e) $264,000 the first year and $264,000 the
15.13second year are for grants for up to 50 percent
15.14of the cost of implementation of the Red River
15.16(f) $2,018,000 the first year and $2,018,000
15.17the second year are from the heritage
15.18enhancement account in the game and fish
15.19fund for only the purposes specified in
15.20Minnesota Statutes, section 297A.94,
15.21paragraph (e), clause (1).
15.22(g) $950,000 the first year and $950,000 the
15.23second year are from the nongame wildlife
15.24management account in the natural resources
15.25fund for the purpose of nongame wildlife
15.26management. Notwithstanding Minnesota
15.27Statutes, section 290.431, $100,000 the first
15.28year and $100,000 the second year may be
15.29used for nongame wildlife information,
15.30education, and promotion.
15.31(h) Notwithstanding Minnesota Statutes,
15.32section 84.943, $13,000 the first year and
15.33$13,000 the second year from the critical
15.34habitat private sector matching account may
16.1be used to publicize the critical habitat license
16.2plate match program.
16.3(i) $6,000,000 the first year and $6,000,000
16.4the second year are from the general fund for
16.5the following activities:
16.6(1) financial reimbursement and technical
16.7support to soil and water conservation districts
16.8or other local units of government for
16.9groundwater level monitoring;
16.10(2) surface water monitoring and analysis,
16.11including installation of monitoring gauges;
16.12(3) groundwater analysis to assist with water
16.13appropriation permitting decisions;
16.14(4) permit application review incorporating
16.15surface water and groundwater technical
16.17(5) precipitation data and analysis to improve
16.18the use of irrigation;
16.19(6) information technology, including
16.20electronic permitting and integrated data
16.22(7) compliance and monitoring.
16.23(j) $167,000 the first year is for a grant to the
16.24Koronis Lake Association for purposes of
16.25removing and preventing aquatic invasive
16.26species. This is a onetime appropriation and
16.27is available until June 30, 2022.
16.28(k) $250,000 the first year and $250,000 the
16.29second year are from the water management
16.30account in the natural resources fund for
16.31economic impact analysis of groundwater
16.32management area and water appropriation
16.33permit plans required under Minnesota
17.1Statutes, sections 103G.271, subdivision 8,
17.2and 103G.287, subdivision 4.
17.3(l) $410,000 the first year and $410,000 the
17.4second year are from the heritage enhancement
17.5account in the game and fish fund for grants
17.6to the Minnesota Aquatic Invasive Species
17.7Research Center at the University of
17.8Minnesota to prioritize, support, and develop
17.9research-based solutions that can reduce the
17.10effects of aquatic invasive species in
17.11Minnesota by preventing spread, controlling
17.12populations, and managing ecosystems and to
17.13advance knowledge to inspire action by others.
17.21the second year are for prevention,
17.22presuppression, and suppression costs of
17.23emergency firefighting and other costs
17.24incurred under Minnesota Statutes, section
17.2588.12. The amount necessary to pay for
17.26presuppression and suppression costs during
17.27the biennium is appropriated from the general
17.28fund. By January 15 of each year, the
17.29commissioner of natural resources shall submit
17.30a report to the chairs and ranking minority
17.31members of the house and senate committees
17.32and divisions having jurisdiction over
17.33environment and natural resources finance,
17.34identifying all firefighting costs incurred and
17.35reimbursements received in the prior fiscal
18.1year. These appropriations may not be
18.2transferred. Any reimbursement of firefighting
18.3expenditures made to the commissioner from
18.4any source other than federal mobilizations
18.5must be deposited into the general fund.
18.6(b) $11,644,000 the first year and $11,644,000
18.7the second year are from the forest
18.8management investment account in the natural
18.9resources fund for only the purposes specified
18.10in Minnesota Statutes, section 89.039,
18.12(c) $1,287,000 the first year and $1,287,000
18.13the second year are from the heritage
18.14enhancement account in the game and fish
18.15fund to advance ecological classification
18.16systems (ECS) scientific management tools
18.17for forest and invasive species management.
18.18(d) $780,000 the first year and $780,000 the
18.19second year are for the Forest Resources
18.20Council to implement the Sustainable Forest
18.22(e) $500,000 the first year is from the forest
18.23management investment account in the natural
18.24resources fund for a study of the ability to
18.25sustainably harvest at least 1,000,000 cords
18.26of wood annually on state-administered forest
18.27lands. No later than January 2, 2018, the
18.28commissioner must report the study's findings
18.29to the legislative committees with jurisdiction
18.30over environment and natural resources policy
18.31and finance. This is a onetime appropriation.
18.32(f) $2,000,000 the first year and $2,000,000
18.33the second year are from the forest
18.34management investment account in the natural
19.1resources fund for state forest reforestation.
19.2The base from the forest management
19.3investment account in the natural resources
19.4fund for fiscal year 2020 and later is
19.6(g) $2,000,000 the first year and $2,000,000
19.7the second year are from the forest
19.8management investment account in the natural
19.9resources fund for the Next Generation Core
19.10Forestry data system. The appropriation is
19.11available until June 30, 2021. The base from
19.12the forest management investment account in
19.13the natural resources fund for fiscal year 2020
19.14and later is $500,000.
19.15(h) The base for the natural resources fund in
19.16fiscal year 2020 and later is $13,394,000.
19.24the second year are from the water recreation
19.25account in the natural resources fund for
19.26enhancing public water-access facilities.
19.27(b) $5,740,000 the first year and $5,740,000
19.28the second year are from the natural resources
19.29fund for state trail, park, and recreation area
19.30operations. This appropriation is from the
19.31revenue deposited in the natural resources fund
19.32under Minnesota Statutes, section 297A.94,
19.33paragraph (e), clause (2).
20.1(c) $17,350,000 the first year and $17,750,000
20.2the second year are from the state parks
20.3account in the natural resources fund for state
20.4park and state recreation area operation and
20.6(d) $1,005,000 the first year and $1,005,000
20.7the second year are from the natural resources
20.8fund for park and trail grants to local units of
20.9government on land to be maintained for at
20.10least 20 years for the purposes of the grants.
20.11This appropriation is from the revenue
20.12deposited in the natural resources fund under
20.13Minnesota Statutes, section 297A.94,
20.14paragraph (e), clause (4). Any unencumbered
20.15balance does not cancel at the end of the first
20.16year and is available for the second year.
20.17(e) $130,000 the first year is from the general
20.18fund, and $8,424,000 the first year and
20.19$8,424,000 the second year are from the
20.20snowmobile trails and enforcement account
20.21in the natural resources fund for the
20.22snowmobile grants-in-aid program. Any
20.23unencumbered balance does not cancel at the
20.24end of the first year and is available for the
20.26(f) $1,685,000 the first year and $1,685,000
20.27the second year are from the natural resources
20.28fund for the off-highway vehicle grants-in-aid
20.29program. Of this amount, $1,210,000 the first
20.30year and $1,210,000 the second year are from
20.31the all-terrain vehicle account; $150,000 each
20.32year is from the off-highway motorcycle
20.33account; and $325,000 each year is from the
20.34off-road vehicle account. Any unencumbered
21.1balance does not cancel at the end of the first
21.2year and is available for the second year.
21.3(g) $75,000 the first year and $75,000 the
21.4second year are from the cross-country ski
21.5account in the natural resources fund for
21.6grooming and maintaining cross-country ski
21.7trails in state parks, trails, and recreation areas.
21.8(h) $250,000 the first year and $250,000 the
21.9second year are from the state land and water
21.10conservation account in the natural resources
21.11fund for priorities established by the
21.12commissioner for eligible state projects and
21.13administrative and planning activities
21.14consistent with Minnesota Statutes, section
21.1584.0264, and the federal Land and Water
21.16Conservation Fund Act. Any unencumbered
21.17balance does not cancel at the end of the first
21.18year and is available for the second year.
21.19(i) $150,000 the first year is from the
21.20all-terrain vehicle account in the natural
21.21resources fund for a grant to the city of Orr to
21.22predesign, design, and construct the Voyageur
21.23all-terrain vehicle trail system, including:
21.24(1) design of the alignment for phase I of the
21.25Voyageur all-terrain vehicle trail system and
21.26development of a preliminary phase II
21.28(2) completion of wetland delineation and
21.30(3) completion of the engineering design and
21.31cost estimates for a snowmobile and
21.32off-highway vehicle bridge over the Vermilion
21.33River to establish a trail connection; and
22.1(4) completion of the master plan for the
22.2Voyageur all-terrain vehicle trail system.
22.3This is a onetime appropriation and is
22.4available until June 30, 2020.
22.5(j) $125,000 the first year is from the general
22.6fund for all terrain vehicle grants-in-aid
22.7program. This is a onetime appropriation.
22.8(k) $250,000 the first year and $250,000 the
22.9second year are from the general fund for
22.10matching grants for local parks and outdoor
22.11recreation areas under Minnesota Statutes,
22.12section 85.019, subdivision 2.
22.13(l) $250,000 the first year and $250,000 the
22.14second year are from the general fund for
22.15matching grants for local trail connections
22.16under Minnesota Statutes, section 85.019,
22.18(m) $50,000 the first year is from the
22.19all-terrain vehicle account in the natural
22.20resources fund for a grant to the city of
22.21Virginia to assist the Virginia Area All-Terrain
22.22Vehicle Club to plan, design, engineer, and
22.23permit a comprehensive all-terrain vehicle
22.24system in the Virginia area and to connect with
22.25the Iron Range Off-Highway Vehicle
22.26Recreation Area. This is a onetime
22.27appropriation and is available until June 30,
23.2the second year are from the heritage
23.3enhancement account in the game and fish
23.4fund only for activities specified in Minnesota
23.5Statutes, section 297A.94, paragraph (e),
23.6clause (1). Notwithstanding Minnesota
23.7Statutes, section 297A.94, five percent of this
23.8appropriation may be used for expanding
23.9hunter and angler recruitment and retention.
23.10(b) $30,000 the first year is from the heritage
23.11enhancement account in the game and fish
23.12fund for the commissioner of natural resources
23.13to contract with a private entity to search for
23.14a site to construct a world-class shooting range
23.15and club house for use by the Minnesota State
23.16High School League and for other regional,
23.17statewide, national, and international shooting
23.18events. The commissioner must provide public
23.19notice of the search, including making the
23.20public aware of the process through the
23.21Department of Natural Resources' media
23.22outlets, and solicit input on the location and
23.23building options for the facility. The siting
23.24search process must include a public process
23.25to determine if any business or individual is
23.26interested in donating land for the facility,
23.27anticipated to be at least 500 acres. The site
23.28search team must meet with interested third
23.29parties affected by or interested in the facility.
23.30The commissioner must submit a report with
23.31the results of the site search to the chairs and
23.32ranking minority members of the legislative
23.33committees and divisions with jurisdiction
23.34over environment and natural resources by
23.35March 1, 2018. This is a onetime
24.1(c) $20,000 the first year is from the heritage
24.2enhancement account in the game and fish
24.3fund for a study on the effects of lead shot on
24.4wildlife on state lands. By January 15, 2018,
24.5the commissioner shall provide a report of the
24.6study to the chairs and ranking minority
24.7members of the legislative committees with
24.8jurisdiction over natural resources policy and
24.9finance. This is a onetime appropriation.
24.18the second year are from the general fund for
24.19enforcement efforts to prevent the spread of
24.20aquatic invasive species.
24.21(b) $1,580,000 the first year and $1,580,000
24.22the second year are from the heritage
24.23enhancement account in the game and fish
24.24fund for only the purposes specified in
24.25Minnesota Statutes, section 297A.94,
24.26paragraph (e), clause (1).
24.27(c) $1,082,000 the first year and $1,082,000
24.28the second year are from the water recreation
24.29account in the natural resources fund for grants
24.30to counties for boat and water safety. Any
24.31unencumbered balance does not cancel at the
24.32end of the first year and is available for the
24.34(d) $315,000 the first year and $315,000 the
24.35second year are from the snowmobile trails
25.1and enforcement account in the natural
25.2resources fund for grants to local law
25.3enforcement agencies for snowmobile
25.4enforcement activities. Any unencumbered
25.5balance does not cancel at the end of the first
25.6year and is available for the second year.
25.7(e) $250,000 the first year and $250,000 the
25.8second year are from the all-terrain vehicle
25.9account for grants to qualifying organizations
25.10to assist in safety and environmental education
25.11and monitoring trails on public lands under
25.12Minnesota Statutes, section 84.9011. Grants
25.13issued under this paragraph must be issued
25.14through a formal agreement with the
25.15organization. By December 15 each year, an
25.16organization receiving a grant under this
25.17paragraph shall report to the commissioner
25.18with details on expenditures and outcomes
25.19from the grant. Of this appropriation, $25,000
25.20each year is for administration of these grants.
25.21Any unencumbered balance does not cancel
25.22at the end of the first year and is available for
25.23the second year.
25.24(f) $510,000 the first year and $510,000 the
25.25second year are from the natural resources
25.26fund for grants to county law enforcement
25.27agencies for off-highway vehicle enforcement
25.28and public education activities based on
25.29off-highway vehicle use in the county. Of this
25.30amount, $498,000 each year is from the
25.31all-terrain vehicle account; $11,000 each year
25.32is from the off-highway motorcycle account;
25.33and $1,000 each year is from the off-road
25.34vehicle account. The county enforcement
25.35agencies may use money received under this
26.1appropriation to make grants to other local
26.2enforcement agencies within the county that
26.3have a high concentration of off-highway
26.4vehicle use. Of this appropriation, $25,000
26.5each year is for administration of these grants.
26.6Any unencumbered balance does not cancel
26.7at the end of the first year and is available for
26.8the second year.
26.9(g) $1,000,000 each year is for recruiting,
26.10training, and maintaining additional
26.12(h) The commissioner may hold a conservation
26.13officer academy if necessary.
26.16costs. Of this amount, up to $500,000 may be
26.17transferred to the Minnesota Pollution Control
26.18Agency. This is a onetime appropriation and
26.19is available until June 30, 2021.
26.25second year are from the natural resources
26.26fund for grants to be divided equally between
26.27the city of St. Paul for the Como Park Zoo and
26.28Conservatory and the city of Duluth for the
26.29Duluth Zoo. This appropriation is from the
26.30revenue deposited to the natural resources fund
26.31under Minnesota Statutes, section 297A.94,
26.32paragraph (e), clause (5).
27.2appropriation in Laws 2016, chapter 189,
27.3article 3, section 3, subdivision 3, for a grant
27.4to the Koronis Lake Association, estimated to
27.5be $167,000, is canceled on June 30, 2017.
27.6This subdivision is effective the day following
27.11the second year are for natural resources block
27.12grants to local governments. Grants must be
27.13matched with a combination of local cash or
27.14in-kind contributions. The base grant portion
27.15related to water planning must be matched by
27.16an amount as specified by Minnesota Statutes,
27.17section 103B.3369. The board may reduce the
27.18amount of the natural resources block grant
27.19to a county by an amount equal to any
27.20reduction in the county's general services
27.21allocation to a soil and water conservation
27.22district from the county's previous year
27.23allocation when the board determines that the
27.24reduction was disproportionate.
27.25(b) $3,116,000 the first year and $3,116,000
27.26the second year are for grants to soil and water
27.27conservation districts for the purposes of
27.28Minnesota Statutes, sections 103C.321 and
27.29103C.331, and for general purposes, nonpoint
27.30engineering, and implementation and
27.31stewardship of the reinvest in Minnesota
27.32reserve program. Expenditures may be made
27.33from these appropriations for supplies and
27.34services benefiting soil and water conservation
27.35districts. Any district receiving a payment
28.1under this paragraph shall maintain a Web
28.2page that publishes, at a minimum, its annual
28.3report, annual audit, annual budget, and
28.5(c) $260,000 the first year and $260,000 the
28.6second year are for feedlot water quality cost
28.7share grants for feedlots under 300 animal
28.8units and nutrient and manure management
28.9projects in watersheds where there are
28.11(d) $1,200,000 the first year and $1,200,000
28.12the second year are for soil and water
28.13conservation district cost-sharing contracts for
28.14perennially vegetated riparian buffers, erosion
28.15control, water retention and treatment, and
28.16other high-priority conservation practices.
28.17(e) $100,000 the first year and $100,000 the
28.18second year are for county cooperative weed
28.19management cost-share programs and to
28.20restore native plants in selected invasive
28.21species management sites.
28.22(f) $761,000 the first year and $761,000 the
28.23second year are for implementation,
28.24enforcement, and oversight of the Wetland
28.25Conservation Act, including administration of
28.26the wetland banking program and in-lieu fee
28.28(g) $300,000 the first year is for improving
28.29the efficiency and effectiveness of Minnesota's
28.30wetland regulatory programs through
28.31continued examination of United States Clean
28.32Water Act section 404 assumption including
28.33negotiation of draft agreements with the
28.34United States Environmental Protection
29.1Agency and the United States Army Corps of
29.2Engineers, planning for an online permitting
29.3system, upgrading the existing wetland
29.4banking database, and developing an in-lieu
29.5fee wetland banking program as authorized
29.6by statute. This is a onetime appropriation.
29.7(h) $166,000 the first year and $166,000 the
29.8second year are to provide technical assistance
29.9to local drainage management officials and
29.10for the costs of the Drainage Work Group.
29.11(i) $100,000 the first year and $100,000 the
29.12second year are for a grant to the Red River
29.13Basin Commission for water quality and
29.14floodplain management, including
29.15administration of programs. This appropriation
29.16must be matched by nonstate funds. If the
29.17appropriation in either year is insufficient, the
29.18appropriation in the other year is available for
29.20(j) $140,000 the first year and $140,000 the
29.21second year are for grants to Area II
29.22Minnesota River Basin Projects for floodplain
29.24(k) $125,000 the first year and $125,000 the
29.25second year are for conservation easement
29.27(l) $240,000 the first year and $240,000 the
29.28second year are for a grant to the Lower
29.29Minnesota River Watershed District to defray
29.30the annual cost of operating and maintaining
29.31sites for dredge spoil to sustain the state,
29.32national, and international commercial and
29.33recreational navigation on the lower Minnesota
30.1(m) $3,898,000 the first year and $3,898,000
30.2the second year are for Board of Water and
30.3Soil Resources agency administration and
30.5(n) Notwithstanding Minnesota Statutes,
30.6section 103C.501, the board may shift
30.7cost-share funds in this section and may adjust
30.8the technical and administrative assistance
30.9portion of the grant funds to leverage federal
30.10or other nonstate funds or to address
30.11high-priority needs identified in local water
30.12management plans or comprehensive water
30.14(o) The appropriations for grants in this section
30.15are available until June 30, 2021. If an
30.16appropriation for grants in either year is
30.17insufficient, the appropriation in the other year
30.18is available for it.
30.19(p) Notwithstanding Minnesota Statutes,
30.20section 16B.97, the appropriations for grants
30.21in this section are exempt from Department
30.22of Administration, Office of Grants
30.23Management Policy 08-10 Grant Monitoring.
30.30the second year are for metropolitan area
30.31regional parks operation and maintenance
30.32according to Minnesota Statutes, section
31.1(b) $6,000,000 the first year and $6,000,000
31.2the second year are from the natural resources
31.3fund for metropolitan area regional parks and
31.4trails maintenance and operations. This
31.5appropriation is from the revenue deposited
31.6in the natural resources fund under Minnesota
31.7Statutes, section 297A.94, paragraph (e),
31.16money appropriated from the natural resources
31.17fund under this section only as provided in an
31.18agreement with the commissioner of natural
31.26second year are from the natural resources
31.27fund from the revenue deposited under
31.28Minnesota Statutes, section 297A.94,
31.29paragraph (e), clause (5).
32.2second year are from the state forest suspense
32.3account in the permanent school fund for the
32.4school trust lands director. This appropriation
32.5is to be used for securing long-term economic
32.6return from the school trust lands consistent
32.7with fiduciary responsibilities and sound
32.8natural resources conservation and
32.10(b) $500,000 the first year is from the state
32.11forest suspense account in the permanent
32.12school fund for the school trust lands director
32.13to initiate the private sale of surplus school
32.14trust lands identified according to Minnesota
32.15Statutes, section 92.82, paragraph (d),
32.16including but not limited to valuation
32.17expenses, legal fees, and transactional staff
32.18costs. This is a onetime appropriation and is
32.19available until June 30, 2019.
32.22involvement in tourism, $500,000 the first
32.23year and $500,000 the second year must be
32.24matched by Explore Minnesota Tourism from
32.25nonstate sources. Each $1 of state incentive
32.26must be matched with $6 of private sector
32.27funding. Cash match is defined as revenue to
32.28the state or documented cash expenditures
32.29directly expended to support Explore
32.30Minnesota Tourism programs. Up to one-half
32.31of the private sector contribution may be
32.32in-kind or soft match. The incentive in fiscal
32.33year 2018 shall be based on fiscal year 2017
32.34private sector contributions. The incentive in
32.35fiscal year 2019 shall be based on fiscal year
33.12018 private sector contributions. This
33.2incentive is ongoing.
33.3(b) Funding for the marketing grants is
33.4available either year of the biennium.
33.5Unexpended grant funds from the first year
33.6are available in the second year.
33.7(c) $100,000 each year is for a grant to the
33.8Northern Lights International Music Festival.
33.9(d) $900,000 the first year is for the major
33.10events grant program. This is a onetime
33.11appropriation and is available until June 30,
33.15protection aid payments under Minnesota
33.16Statutes, section 477A.21.
33.17 Sec. 12. Laws 2016, chapter 189, article 3, section 6, is amended to read:
33.20suspense account in the permanent school fund
33.21for the school trust lands director to initiate
33.22real estate development projects on school
33.23trust lands as determined by the school trust
33.24lands director. This is a onetime appropriation
33.25and is available until June 30, 2019.
33.26EFFECTIVE DATE.This section is effective the day following final enactment.
33.29 Section 1. Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision
34.1 Subd. 6. Legal counsel. The commissioner of natural resources may appoint attorneys
34.2or outside counsel to render title opinions, represent the department in severed mineral
34.3interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute
34.4to the contrary, represent the state in quiet title or title registration actions affecting land or
34.5interests in land administered by the commissioner.
34.6 Sec. 2. Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read:
34.7 Subd. 14a. Permitting efficiency; public notice. (a) It is the goal of the state that
34.8environmental and resource management permits be issued or denied within 90 days for
34.9Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application.
34.10The commissioner of natural resources shall establish management systems designed to
34.11achieve the goal.
34.12(b) The commissioner shall prepare an annual permitting efficiency report that includes
34.13statistics on meeting the goal in paragraph (a) and the criteria for
34.14categories. The report is due August 1 each year. For permit applications that have not met
34.15the goal, the report must state the reasons for not meeting the goal. In stating the reasons
34.16for not meeting the goal, the commissioner shall separately identify delays caused by the
34.17responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the
34.18level of public engagement. The report must specify the number of days from initial
34.19submission of the application to the day of determination that the application is complete.
34.20The report must aggregate the data for the year and assess whether program or system
34.21changes are necessary to achieve the goal. The report must be posted on the department's
34.22Web site and submitted to the governor and the chairs and ranking minority members of
34.23the house of representatives and senate committees having jurisdiction over natural resources
34.24policy and finance.
34.25(c) The commissioner shall allow electronic submission of environmental review and
34.26permit documents to the department.
34.28to paragraph (a), the commissioner of natural resources shall notify the
34.29permit applicant, in writing, whether the application is complete or incomplete. If the
34.30commissioner determines that an application is incomplete, the notice to the applicant must
34.31enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
34.32and advise the applicant on how the deficiencies can be remedied. If the commissioner
34.33determines that the application is complete, the notice must confirm the application's Tier
34.341 or Tier 2 permit status and, upon request of the permit applicant of an individual Tier 2
35.1permit, provide the permit applicant with a schedule for reviewing the permit application.
35.2This paragraph does not apply to an application for a permit that is subject to a grant or loan
35.3agreement under chapter 446A.
35.4(e) When public notice of a draft individual Tier 2 permit is required, the commissioner
35.5must issue the notice with the draft permit within 150 days of receiving a completed permit
35.6application unless the permit applicant and the commissioner mutually agree to a different
35.7date. Upon request of the permit applicant, the commissioner must provide a copy of the
35.8draft permit to the permit applicant and consider comments on the draft permit from the
35.9permit applicant before issuing the public notice.
35.10 Sec. 3. Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read:
35.11 Subd. 14b. Expediting costs; reimbursement. Permit applicants
35.13natural resources to construct, reconstruct, or modify a project or to operate a facility may
35.14offer to reimburse the department for the reasonable costs
35.15needed to expedite the preapplication process and permit development process through the
35.16final decision on the permit, including the analysis of environmental review documents.
35.17The reimbursement shall be in addition to permit application fees imposed by law. When
35.18the commissioner determines that additional resources are needed to develop the permit
35.19application in an expedited manner, and that expediting the development is consistent with
35.20permitting program priorities, the commissioner may accept the reimbursement. The
35.21commissioner must give the permit applicant an estimate of costs for the expedited service
35.22to be incurred by the commissioner. The estimate must include a brief description of the
35.23tasks to be performed, a schedule for completing the tasks, and the estimated cost for each
35.24task. The proposer and the commissioner shall enter into a written agreement detailing the
35.25estimated costs for the expedited service to be incurred by the department and any recourse
35.26available to the applicant if the department fails to comply with the schedule. The agreement
35.27must also identify staff anticipated to be assigned to the project and describe the
35.28commissioner's commitment to making assigned staff available for the project until the
35.29permit decision is made. The commissioner must not issue a permit until the applicant has
35.30paid all fees in full. The commissioner must refund any unobligated balance of fees paid.
35.31Reimbursements accepted by the commissioner are appropriated to the commissioner for
35.32the purpose of developing the permit or analyzing environmental review documents.
35.33Reimbursement by a permit applicant shall precede and not be contingent upon issuance of
35.34a permit; shall not affect the commissioner's decision on whether to issue or deny a permit,
35.35what conditions are included in a permit, or the application of state and federal statutes and
36.1rules governing permit determinations; and shall not affect final decisions regarding
36.3 Sec. 4. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to
36.5 Subd. 14c. Irrevocability, suspensions, or expiration of permits; environmental
36.6review. (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to
36.7appropriate money to the commissioner of natural resources for environmental review and
36.8permitting activities of the Department of Natural Resources:
36.9(1) a permit granted by the commissioner may not be terminated or suspended for the
36.10term of the permit nor shall it expire without the consent of the permittee, except for breach
36.11or nonperformance of any condition of the permit by the permittee that is an imminent threat
36.12to impair or destroy the environment or injure the health, safety, or welfare of the citizens
36.13of the state; and
36.14(2) environmental review and permit application work on environmental review and
36.15permits filed before July 1 of that year must not be suspended or terminated.
36.16(b) Paragraph (a), clause (1), applies until legislation appropriating money to the
36.17commissioner for the environmental review and permitting activities is enacted.
36.18 Sec. 5. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to
36.20 Subd. 14d. Unadopted rules. (a) The commissioner of natural resources must not enforce
36.21or attempt to enforce an unadopted rule. For the purposes of this subdivision, "unadopted
36.22rule" means a guideline, bulletin, criterion, manual standard, interpretive statement, or
36.23similar pronouncement, if the guideline, bulletin, criterion, manual standard, interpretive
36.24statement, or similar pronouncement meets the definition of a rule as defined under section
36.2514.02, subdivision 4, but has not been adopted according to the rulemaking process provided
36.26under chapter 14. If an unadopted rule is challenged under section 14.381, the commissioner
36.27must overcome a presumption against the unadopted rule.
36.28(b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion,
36.29manual standard, interpretive statement, or similar pronouncement into a statute, rule, or
36.30standard, the commissioner must follow the rulemaking process provided under chapter 14
36.31to amend or revise any such guideline, bulletin, criterion, manual standard, interpretive
36.32statement, or similar pronouncement.
37.1 Sec. 6. Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read:
37.2 Subd. 2. Exemptions. Registration is not required for off-highway motorcycles:
37.3(1) owned and used by the United States, an Indian tribal government, the state, another
37.4state, or a political subdivision;
37.5(2) registered in another state or country that have not been within this state for more
37.6than 30 consecutive days;
37.7(3) registered under chapter 168, when operated on forest roads to gain access to a state
37.9(4) used exclusively in organized track racing events;
37.10(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident
37.11off-highway motorcycle state trail pass;
37.12(6) operated by a person participating in an event for which the commissioner has issued
37.13a special use permit
37.14(7) operated on boundary trails and registered in another state or country providing equal
37.15reciprocal registration or licensing exemptions for registrants of this state.
37.16 Sec. 7. Minnesota Statutes 2016, section 84.793, subdivision 1, is amended to read:
37.17 Subdivision 1. Prohibitions on youthful operators. (a) A person six years or older but
37.18less than 16 years of age operating an off-highway motorcycle on public lands or waters
37.19must possess a valid off-highway motorcycle safety certificate issued by the commissioner.
37.20(b) Except for operation on public road rights-of-way that is permitted under section
37.2184.795 , subdivision 1, a driver's license issued by the state or another state is required to
37.22operate an off-highway motorcycle along or on a public road right-of-way.
37.23(c) A person under 12 years of age may not:
37.24(1) make a direct crossing of a public road right-of-way;
37.25(2) operate an off-highway motorcycle on a public road right-of-way in the state; or
37.26(3) operate an off-highway motorcycle on public lands or waters unless accompanied
37.27by a person 18 years of age or older or participating in an event for which the commissioner
37.28has issued a special use permit.
37.29(d) Except for public road rights-of-way of interstate highways, a person less than 16
37.30years of age may make a direct crossing of a public road right-of-way of a trunk, county
38.1state-aid, or county highway only if that person is accompanied by a person 18 years of age
38.2or older who holds a valid driver's license.
38.3(e) A person less than 16 years of age may operate an off-highway motorcycle on public
38.4road rights-of-way in accordance with section 84.795, subdivision 1, paragraph (a), only if
38.5that person is accompanied by a person 18 years of age or older who holds a valid driver's
38.7(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may operate
38.8an off-highway motorcycle on public lands or waters if the nonresident youth has in
38.9possession evidence of completing an off-road safety course offered by the Motorcycle
38.10Safety Foundation or another state as provided in section 84.791, subdivision 4.
38.11 Sec. 8. Minnesota Statutes 2016, section 84.8031, is amended to read:
38.1284.8031 GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.
38.13The commissioner must review an off-road vehicle grant-in-aid application and, if
38.15completed application has been locally approved and submitted to an area parks and trails
38.16office. If the commissioner fails to approve or deny the application within 60 days after
38.17submission, the application is deemed approved and the commissioner must provide for a
38.1830-day public review period. If the commissioner denies an application, the commissioner
38.19must provide the applicant with a written explanation for denying the application at the time
38.20the applicant is notified of the denial.
38.21 Sec. 9. Minnesota Statutes 2016, section 84.82, subdivision 2, is amended to read:
38.22 Subd. 2. Application, issuance, issuing fee. (a) Application for registration or
38.23reregistration shall be made to the commissioner or an authorized deputy registrar of motor
38.24vehicles in a format prescribed by the commissioner and shall state the legal name and
38.25address of every owner of the snowmobile.
38.26 (b) A person who purchases a snowmobile from a retail dealer shall make application
38.27for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
38.2821-day registration permit to each purchaser who applies to the dealer for registration. The
38.29temporary permit must contain the dealer's identification number and phone number. Each
38.30retail dealer shall submit completed registration and fees to the deputy registrar at least once
38.31a week. No fee may be charged by a dealer to a purchaser for providing the temporary
39.1 (c) Upon receipt of the application and the appropriate fee, the commissioner or deputy
39.2registrar shall issue to the applicant, or provide to the dealer, an assigned registration number
39.3or a commissioner or deputy registrar temporary 21-day permit. Once issued, the registration
39.4number must be affixed to the snowmobile in a clearly visible and permanent manner for
39.5enforcement purposes as the commissioner of natural resources shall prescribe. A dealer
39.6subject to paragraph (b) shall provide the registration materials or temporary permit to the
39.7purchaser within the temporary 21-day permit period. The registration is not valid unless
39.8signed by at least one owner.
39.9 (d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall also
39.10be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement
39.11with the commissioner of public safety may prescribe the accounting and procedural
39.12requirements necessary to assure efficient handling of registrations and registration fees.
39.13Deputy registrars shall strictly comply with these accounting and procedural requirements.
39.16or replacement registration card, and replacement decal and an issuing fee of $7 is charged
39.17for each snowmobile registration and registration transfer issued by:
39.20subdivision 2 ; or
39.22be deposited in the state treasury and credited to the snowmobile trails and enforcement
39.23account in the natural resources fund.
39.24 Sec. 10. Minnesota Statutes 2016, section 84.925, subdivision 1, is amended to read:
39.25 Subdivision 1. Program established. (a) The commissioner shall establish a
39.26comprehensive all-terrain vehicle environmental and safety education and training program,
39.27including the preparation and dissemination of vehicle information and safety advice to the
39.28public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle
39.29safety certificates to vehicle operators over the age of 12 years who successfully complete
39.30the all-terrain vehicle environmental and safety education and training course. A parent or
39.31guardian must be present at the hands-on training portion of the program for youth who are
39.32six through ten years of age.
40.1 (b) For the purpose of administering the program and to defray the expenses of training
40.2and certifying vehicle operators, the commissioner shall collect a fee from each person who
40.3receives the training. The commissioner shall collect a fee, to include a $1 issuing fee for
40.4licensing agents, for issuing a duplicate all-terrain vehicle safety certificate. The
40.5commissioner shall establish both fees in a manner that neither significantly overrecovers
40.6nor underrecovers costs, including overhead costs, involved in providing the services. The
40.7fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not
40.8apply. The fees may be established by the commissioner notwithstanding section 16A.1283.
40.9Fee proceeds, except for the issuing fee for licensing agents under this subdivision, shall
40.10be deposited in the all-terrain vehicle account in the natural resources fund and the amount
40.11thereof, except for the electronic licensing system commission established by the
40.12commissioner under section 84.027, subdivision 15, and issuing fees collected by the
40.13commissioner, is appropriated annually to the Enforcement Division of the Department of
40.14Natural Resources for the administration of the programs. In addition to the fee established
40.15by the commissioner, instructors may charge each person up to the established fee amount
40.16for class materials and expenses.
40.17 (c) The commissioner shall cooperate with private organizations and associations, private
40.18and public corporations, and local governmental units in furtherance of the program
40.19established under this section. School districts may cooperate with the commissioner and
40.20volunteer instructors to provide space for the classroom portion of the training. The
40.21commissioner shall consult with the commissioner of public safety in regard to training
40.22program subject matter and performance testing that leads to the certification of vehicle
40.23operators. The commissioner shall incorporate a riding component in the safety education
40.24and training program.
40.25 Sec. 11. Minnesota Statutes 2016, section 84.9256, subdivision 1, is amended to read:
40.26 Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on public
40.27road rights-of-way that is permitted under section 84.928 and as provided under paragraph
40.28(j), a driver's license issued by the state or another state is required to operate an all-terrain
40.29vehicle along or on a public road right-of-way.
40.30 (b) A person under 12 years of age shall not:
40.31 (1) make a direct crossing of a public road right-of-way;
40.32 (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
41.1 (3) operate an all-terrain vehicle on public lands or waters, except as provided in
41.3 (c) Except for public road rights-of-way of interstate highways, a person 12 years of age
41.4but less than 16 years may make a direct crossing of a public road right-of-way of a trunk,
41.5county state-aid, or county highway or operate on public lands and waters or state or
41.6grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate
41.7issued by the commissioner and is accompanied by a person 18 years of age or older who
41.8holds a valid driver's license.
41.9 (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old,
41.10but less than 16 years old, must:
41.11 (1) successfully complete the safety education and training program under section 84.925,
41.12subdivision 1, including a riding component; and
41.13 (2) be able to properly reach and control the handle bars and reach the foot pegs while
41.14sitting upright on the seat of the all-terrain vehicle.
41.15 (e) A person at least
41.16program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
41.17the certificate is not valid until the person reaches age 12.
41.18 (f) A person at least ten years of age but under 12 years of age may operate an all-terrain
41.19vehicle with an engine capacity up to
41.20with straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with
41.21side-by-side-style seating on public lands or waters if accompanied by a parent or legal
41.23 (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
41.24 (h) A person under the age of 16 may not operate an all-terrain vehicle on public lands
41.25or waters or on state or grant-in-aid trails if the person cannot properly reach and control:
41.26 (1) the handle bars and reach the foot pegs while sitting upright on the seat of the
41.27all-terrain vehicle with straddle-style seating; or
41.28 (2) the steering wheel and foot controls of a class 1 all-terrain vehicle with
41.29side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged.
41.30(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16
41.31years old, may make a direct crossing of a public road right-of-way of a trunk, county
42.1state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or
42.2state or grant-in-aid trails if:
42.3(1) the nonresident youth has in possession evidence of completing an all-terrain safety
42.4course offered by the ATV Safety Institute or another state as provided in section 84.925,
42.5subdivision 3; and
42.6(2) the nonresident youth is accompanied by a person 18 years of age or older who holds
42.7a valid driver's license.
42.8(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
42.9vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted
42.10under section 84.928 if the person:
42.11(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
42.13(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.
42.14 Sec. 12. Minnesota Statutes 2016, section 84.9256, subdivision 2, is amended to read:
42.15 Subd. 2. Helmet and seat belts required. (a) A person less than 18 years of age shall
42.16not ride as a passenger or as an operator of an all-terrain vehicle on public land, public
42.17waters, or on a public road right-of-way unless wearing a safety helmet approved by the
42.18commissioner of public safety.
42.19 (b) A person less than 18 years of age shall not ride as a passenger or as an operator of
42.21 Sec. 13. Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read:
42.22 Subd. 2. Standards. (a) An appropriation for asset preservation may be used only for a
42.23capital expenditure on a capital asset previously owned by the state, within the meaning of
42.24generally accepted accounting principles as applied to public expenditures. The commissioner
42.25of natural resources will consult with the commissioner of management and budget to the
42.26extent necessary to ensure this and will furnish the commissioner of management and budget
42.27a list of projects to be financed from the account in order of their priority. The legislature
42.28assumes that many projects for preservation and replacement of portions of existing capital
42.29assets will constitute betterments and capital improvements within the meaning of the
42.30Constitution and capital expenditures under generally accepted accounting principles, and
42.31will be financed more efficiently and economically under this section than by direct
42.32appropriations for specific projects.
43.1(b) An appropriation for asset preservation must not be used to acquire land or to acquire
43.2or construct buildings or other facilities.
43.3(c) Capital budget expenditures for natural resource asset preservation and replacement
43.4projects must be for one or more of the following types of capital projects that support the
43.5existing programmatic mission of the department: code compliance including health and
43.6safety, Americans with Disabilities Act requirements, hazardous material abatement, access
43.7improvement, or air quality improvement; building energy efficiency improvements using
43.8current best practices; building or infrastructure repairs necessary to preserve the interior
43.9and exterior of existing buildings; projects to remove life safety hazards such as building
43.10code violations or structural defects; or renovation of other existing improvements to land,
43.11including but not limited to trails and bridges.
43.12(d) Up to ten percent of an appropriation awarded under this section may be used for
43.13design costs for projects eligible to be funded from this account in anticipation of future
43.14funding from the account.
43.15 Sec. 14. Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to
43.17 Subd. 4. Priorities; report. The commissioner of natural resources must establish
43.18priorities for natural resource asset preservation and replacement projects. By January 15
43.19each year, the commissioner must submit to the commissioner of management and budget
43.20a list of the projects that have been paid for with money from a natural resource asset
43.21preservation and replacement appropriation during the preceding calendar year.
43.22 Sec. 15. Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read:
43.23 Subd. 3. Training and mentoring. The commissioner must develop and implement a
43.24training program that adequately prepares Minnesota Naturalist Corps members for the
43.25tasks assigned. Each corps member
43.26as a mentor.
43.27 Sec. 16. Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read:
43.28 Subd. 4. Uniform
43.29Corps must have a
43.30information that the program is funded by the clean water, land, and legacy amendment to
43.31the Minnesota Constitution adopted by the voters in November 2008.
44.1 Sec. 17. Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read:
44.2 Subd. 5. Eligibility. A person is eligible to enroll in the Minnesota Naturalist Corps if
44.4(1) is a permanent resident of the state;
44.5(2) is a participant in an approved college internship program
44.8(3) has completed at least one year of postsecondary education.
44.9 Sec. 18. Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read:
44.10 Subd. 6. Corps member status. Minnesota Naturalist Corps members are not eligible
44.11for unemployment benefits
44.13are not employees of the state within the meaning of section 43A.02, subdivision 21.
44.14 Sec. 19. Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read:
44.15 Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested
44.16waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b),
44.17(c), or (d), and section 97C.341.
44.18 (b) In waters that are listed as infested waters, except those listed as infested with
44.19prohibited invasive species of fish or certifiable diseases of fish, as defined under section
44.2017.4982, subdivision 6 , taking wild animals may be permitted for:
44.21 (1) commercial taking of wild animals for bait and aquatic farm purposes as provided
44.22in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
44.23 (2) bait purposes for noncommercial personal use in waters that contain Eurasian
44.24watermilfoil, when the infested waters are listed solely because they contain Eurasian
44.25watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not
44.26exceeding 16 inches in diameter and 32 inches in length.
44.27(c) In streams or rivers that are listed as infested waters, except those listed as infested
44.28with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest
44.29of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by
44.30hook and line for noncommercial personal use is allowed as follows:
45.1(1) fish taken under this paragraph must be used on the same body of water where caught
45.2and while still on that water body. Where the river or stream is divided by barriers such as
45.3dams, the fish must be caught and used on the same section of the river or stream;
45.4(2) fish taken under this paragraph may not be transported live from or off the water
45.6(3) fish harvested under this paragraph may only be used in accordance with this section;
45.7(4) any other use of wild animals used for bait from infested waters is prohibited;
45.8(5) fish taken under this paragraph must meet all other size restrictions and requirements
45.9as established in rules; and
45.10(6) all species listed under this paragraph shall be included in the person's daily limit as
45.11established in rules, if applicable.
45.12(d) In the Mississippi River downstream of St. Anthony Falls and the St. Croix River
45.13downstream of the dam at Taylors Falls, including portions described as
45.14Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items
45.15A and B, the harvest of gizzard shad by cast net for noncommercial personal use as bait for
45.16angling, as provided in a permit issued under section 84D.11, is allowed as follows:
45.17 (1) nontarget species must immediately be returned to the water;
45.18(2) gizzard shad taken under this paragraph must be used on the same body of water
45.19where caught and while still on that water body. Where the river is divided by barriers such
45.20as dams, the gizzard shad must be caught and used on the same section of the river;
45.21(3) gizzard shad taken under this paragraph may not be transported off the water body;
45.23(4) gizzard shad harvested under this paragraph may only be used in accordance with
45.25This paragraph expires December 1, 2017.
45.26 (e) Equipment authorized for minnow harvest in a listed infested water by permit issued
45.27under paragraph (b) may not be transported to, or used in, any waters other than waters
45.28specified in the permit.
45.29(f) Bait intended for sale may not be held in infested water after taking and before sale,
45.30unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.
46.1 Sec. 20. Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read:
46.2 Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting restrictions
46.3in infested and noninfested waters. (a) All nets, traps, buoys, anchors, stakes, and lines
46.4used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that
46.5is listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined
46.6in section 17.4982,
46.11tagged with tags provided by the commissioner, as specified in the commercial licensee's
46.12license or permit. Tagged gear must not be used in water bodies other than those specified
46.13in the license or permit. The permit may authorize department staff to remove tags after the
46.14gear is decontaminated. This tagging requirement does not apply to commercial fishing
46.15equipment used in Lake Superior.
46.16(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle,
46.17frog, or crayfish harvesting in an infested water that is listed solely because it contains
46.18Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum
46.19of two days before they are used in any other waters, except as provided in this paragraph.
46.20Commercial licensees must notify the department's regional or area fisheries office or a
46.21conservation officer before removing nets or equipment from an infested water listed solely
46.22because it contains Eurasian watermilfoil and before resetting those nets or equipment in
46.23any other waters. Upon notification, the commissioner may authorize a commercial licensee
46.24to move nets or equipment to another water without freezing or drying, if that water is listed
46.25as infested solely because it contains Eurasian watermilfoil.
46.26(c) A commercial licensee must remove all aquatic macrophytes from nets and other
46.27equipment before placing the equipment into waters of the state.
46.28(d) The commissioner shall provide a commercial licensee with a current listing of listed
46.29infested waters at the time that a license or permit is issued.
46.30 Sec. 21. Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read:
46.31 Subdivision 1. Classes. The commissioner shall, as provided in this chapter, classify
46.32nonnative species of aquatic plants and wild animals, including subspecies, genotypes,
46.33cultivars, hybrids, or genera of nonnative species, according to the following categories:
47.1(1) prohibited invasive species, which may not be possessed, imported, purchased, sold,
47.2propagated, transported, or introduced except as provided in section 84D.05;
47.3(2) regulated invasive species, which may not be introduced except as provided in section
47.5(3) unlisted nonnative species, which are subject to the classification procedure in section
47.684D.06 ; and
47.7(4) unregulated nonnative species, which are not subject to regulation under this chapter.
47.8 Sec. 22. Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read:
47.9 Subdivision 1. Prohibited activities. A person may not possess, import, purchase, sell,
47.10propagate, transport, or introduce a prohibited invasive species, except:
47.11(1) under a permit issued by the commissioner under section 84D.11;
47.12(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;
47.13(3) under a restricted species permit issued under section 17.457;
47.14(4) when being transported to the department, or another destination as the commissioner
47.15may direct, in a sealed container for purposes of identifying the species or reporting the
47.16presence of the species;
47.17(5) when being transported for disposal as part of a harvest or control activity when
47.18specifically authorized under a permit issued by the commissioner according to section
47.19103G.615 , when being transported for disposal as specified under a commercial fishing
47.20license issued by the commissioner according to section 97A.418, 97C.801, 97C.811,
47.2197C.825 , 97C.831, or 97C.835, or when being transported as specified by the commissioner;
47.22(6) when being removed from watercraft and equipment, or caught while angling, and
47.23immediately returned to the water from which they came;
47.24(7) when being transported from riparian property to a legal disposal site that is at least
47.25100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited
47.26invasive species are in a covered commercial vehicle specifically designed and used for
47.27hauling trash; or
48.1 Sec. 23. Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read:
48.2 Subd. 2a. Lake Minnetonka pilot study. (a) The commissioner may issue an additional
48.3permit to service providers to return to Lake Minnetonka water-related equipment with
48.4zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired.
48.5The permit must include verification and documentation requirements and any other
48.6conditions the commissioner deems necessary.
48.7(b) Water-related equipment with zebra mussels attached may be returned only to Lake
48.8Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted
48.9under subdivision 1.
48.10(c) The service provider's place of business must be within the Lake Minnetonka
48.11Conservation District as established according to sections 103B.601 to 103B.645 or within
48.12a municipality immediately bordering the Lake Minnetonka Conservation District's
48.14(d) A service provider applying for a permit under this subdivision must, if approved
48.15for a permit and before the permit is valid, furnish a corporate surety bond in favor of the
48.16state for $50,000 payable upon violation of this chapter while the service provider is acting
48.17under a permit issued according to this subdivision.
48.18(e) This subdivision expires December 1,
48.19 Sec. 24. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision
48.21 Subd. 2b. Gull Lake pilot study. (a) The commissioner may include an additional
48.22targeted pilot study to include water-related equipment with zebra mussels attached for the
48.23Gull Narrows State Water Access Site, Government Point State Water Access Site, and
48.24Gull East State Water Access Site on Gull Lake (DNR Division of Waters number 11-0305)
48.25in Cass and Crow Wing Counties using the same authorities, general procedures, and
48.26requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake service
48.27providers participating in the Gull Lake targeted pilot study place of business must be located
48.28in Cass or Crow Wing County.
48.29(b) If an additional targeted pilot project for Gull Lake is implemented under this section,
48.30the report to the chairs and ranking minority members of the senate and house of
48.31representatives committees having jurisdiction over natural resources required under Laws
48.322016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study
48.33recommendations and assessments.
49.1(c) This subdivision expires December 1, 2019.
49.2 Sec. 25. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision
49.4 Subd. 2c. Cross Lake pilot study. (a) The commissioner may include an additional
49.5targeted pilot study to include water-related equipment with zebra mussels attached for the
49.6Cross Lake #1 State Water Access Site on Cross Lake (DNR Division of Waters number
49.718-0312) in Crow Wing County using the same authorities, general procedures, and
49.8requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The place
49.9of business of lake service providers participating in the Cross Lake targeted pilot study
49.10must be located in Cass or Crow Wing County.
49.11(b) If an additional targeted pilot project for Cross Lake is implemented under this
49.12section, the report to the chairs and ranking minority members of the senate and house of
49.13representatives committees having jurisdiction over natural resources required under Laws
49.142016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot
49.15study recommendations and assessments.
49.16(c) This subdivision expires December 1, 2019.
49.17 Sec. 26. Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to
49.19 Subd. 1a. Permit for invasive carp. The commissioner may issue a permit to
49.20departmental divisions for tagging bighead, black, grass, or silver carp for research or
49.21control. Under the permit, the carp may be released into the water body from which the carp
49.22was captured. This subdivision expires December 31, 2021.
49.23 Sec. 27. [85.0507] FORT RIDGELY GOLF COURSE; GOLF CARTS.
49.24The commissioner may by contract, concession agreement, or lease, authorize the use
49.25of golf carts on the golf course at Fort Ridgely State Park.
49.26 Sec. 28. Minnesota Statutes 2016, section 85.052, subdivision 1, is amended to read:
49.27 Subdivision 1. Authority to establish. (a) The commissioner may establish, by written
49.28order, provisions for the use of state parks for the following:
49.29(1) special parking space for automobiles or other motor-driven vehicles in a state park
49.30or state recreation area;
50.1(2) special parking spurs, campgrounds for automobiles, sites for tent camping, other
50.2types of lodging, camping, or day use facilities, and special auto trailer coach parking spaces,
50.3for the use of the individual charged for the space or facility;
50.4(3) improvement and maintenance of golf courses already established in state parks, and
50.5charging reasonable use fees; and
50.6(4) providing water, sewer, and electric service to trailer or tent campsites and charging
50.7a reasonable use fee.
50.8(b) Provisions established under paragraph (a) are exempt from section 16A.1283 and
50.9the rulemaking provisions of chapter 14. Section 14.386 does not apply.
50.10(c) For the purposes of this subdivision, "lodging" means an enclosed shelter, room, or
50.11building with furnishings for overnight use.
50.12 Sec. 29. Minnesota Statutes 2016, section 85.053, subdivision 8, is amended to read:
50.13 Subd. 8. Free permit; military personnel
50.14permits under subdivision
50.16of the United States armed forces
50.18recipients of a Purple Heart medal. To qualify for a free permit under this subdivision, a
50.20identification or an annual pass for the United States military issued through the National
50.21Parks and Federal Recreational Lands Pass program to the park attendant on duty or other
50.22designee of the commissioner.
50.23 (b) For purposes of this
50.25shall establish what constitutes qualifying military identification in the State Register.
50.29vehicles permitted under paragraph (a), the permit or decal issued under this subdivision is
50.30valid only when displayed on a vehicle owned and occupied by the person to whom the
50.31permit is issued.
50.32(d) The commissioner may issue a daily vehicle permit free of charge to an individual
50.33who qualifies under paragraph (a) and does not own or operate a motor vehicle.
51.1 Sec. 30. Minnesota Statutes 2016, section 85.053, subdivision 10, is amended to read:
51.2 Subd. 10. Free
51.3an annual park permit for no charge to any veteran
51.5of service-connected disability, as determined by the United States Department of Veterans
51.6Affairs, who presents each year a copy of the veteran's determination letter or other official
51.7form of validation issued by the United States Department of Veterans Affairs or the United
51.8States Department of Defense to a park attendant or commissioner's designee. For the
51.9purposes of this
51.10 (b) For vehicles permitted under paragraph (a), the permit or decal issued under this
51.11subdivision is valid only when displayed on a vehicle owned and occupied by the person
51.12to whom the permit is issued.
51.13 (c) The commissioner may issue a daily vehicle permit free of charge to an individual
51.14who qualifies under paragraph (a) and does not own or operate a motor vehicle.
51.15 Sec. 31. Minnesota Statutes 2016, section 85.054, is amended by adding a subdivision to
51.17 Subd. 19. Fort Ridgely golf course. The commissioner may by contract, concession
51.18agreement, or lease waive a state park permit and associated fee for motor vehicle entry or
51.19parking for persons playing golf at the Fort Ridgely State Park golf course provided that
51.20the contract, concession agreement, or lease payment to the state is set, in part, to compensate
51.21the state park system for the loss of the state park fees.
51.22 Sec. 32. Minnesota Statutes 2016, section 85.055, subdivision 1, is amended to read:
51.23 Subdivision 1. Fees. The fee for state park permits for:
51.24(1) an annual use of state parks is
51.25(2) a second or subsequent vehicle state park permit is
51.26(3) a state park permit valid for one day is
51.27(4) a daily vehicle state park permit for groups is
51.28(5) an annual permit for motorcycles is
51.29(6) an employee's state park permit is without charge; and
52.1(7) a state park permit for persons with disabilities under section 85.053, subdivision 7,
52.2paragraph (a), clauses (1) to (3), is $12.
52.3The fees specified in this subdivision include any sales tax required by state law.
52.4 Sec. 33. Minnesota Statutes 2016, section 85.22, subdivision 2a, is amended to read:
52.5 Subd. 2a. Receipts, appropriation. All receipts derived from the rental or sale of state
52.6park items, tours
52.7programs, and operation of Douglas Lodge shall be deposited in the state treasury and be
52.8credited to the state parks working capital account. Receipts and expenses from Douglas
52.9Lodge shall be tracked separately within the account. Money in the account is annually
52.10appropriated for the purchase and payment of expenses attributable to items for resale or
52.11rental and operation of Douglas Lodge. Any excess receipts in this account are annually
52.12appropriated for state park management and interpretive programs.
52.13 Sec. 34. Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read:
52.14 Subdivision 1.
52.15authorized in cooperation with local units of government and private individuals and groups
52.16when feasible to
52.17section 85.0155 and on the following rivers, which have historic, recreational, and scenic
52.18values: Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon,
52.19Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro,
52.20Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa
52.21from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River
52.22of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock,
52.23St. Louis County, North Fork of the Crow, and South Fork of the Crow
52.25points of interest, public water access sites, portages, camp sites, and
52.27watercraft travelers. The commissioner may maintain passageway for watercraft on state
52.29 Sec. 35. [85.47] SPECIAL USE PERMITS; FEES.
52.30Fees collected for special use permits to use state trails not on state forest, state park, or
52.31state recreation area lands and for use of state water access sites must be deposited in the
52.32natural resources fund.
53.1 Sec. 36. Minnesota Statutes 2016, section 86B.301, subdivision 2, is amended to read:
53.2 Subd. 2. Exemptions. A watercraft license is not required for:
53.3(1) a watercraft that is covered by a license or number in full force and effect under
53.4federal law or a federally approved licensing or numbering system of another state, or a
53.5watercraft that is owned by a person from another state and that state does not require
53.6licensing that type of watercraft, and the watercraft has not been within this state for more
53.7than 90 consecutive days, which does not include days that a watercraft is laid up at dock
53.8over winter or for repairs at a Lake Superior port or another port in the state;
53.9(2) a watercraft from a country other than the United States that has not been within this
53.10state for more than 90 consecutive days, which does not include days that a watercraft is
53.11laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
53.12(3) a watercraft owned by the United States, an Indian tribal government, a state, or a
53.13political subdivision of a state, except watercraft used for recreational purposes;
53.14(4) a ship's lifeboat;
53.15(5) a watercraft that has been issued a valid marine document by the United States
53.17(6) a waterfowl boat during waterfowl-hunting season;
53.18(7) a rice boat during the harvest season;
53.19(8) a seaplane;
53.20(9) a nonmotorized watercraft ten feet in length or less; and
53.21(10) a watercraft that is covered by a valid license or number issued by a federally
53.22recognized Indian tribe in the state under a federally approved licensing or numbering system
53.23and that is owned by a member of that tribe.
53.24 Sec. 37. Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read:
53.25 Subdivision 1. General requirements. (a) In addition to requirements of other laws
53.26relating to watercraft, a person may not operate or permit the operation of a personal
53.28(1) without each person on board the personal watercraft wearing a
53.30United States Coast Guard (USCG) and has a USCG label indicating
53.31either is approved for or does not prohibit use with personal watercraft
54.1(2) between one hour before sunset and 9:30 a.m.;
54.2(3) at greater than slow-no wake speed within 150 feet of:
54.3(i) a shoreline;
54.4(ii) a dock;
54.5(iii) a swimmer;
54.6(iv) a raft used for swimming or diving; or
54.7(v) a moored, anchored, or nonmotorized watercraft;
54.8(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other
54.10(i) an observer is on board; or
54.11(ii) the personal watercraft is equipped with factory-installed or factory-specified
54.12accessory mirrors that give the operator a wide field of vision to the rear;
54.13(5) without the lanyard-type engine cutoff switch being attached to the person, clothing,
54.14or personal flotation device of the operator, if the personal watercraft is equipped by the
54.15manufacturer with such a device;
54.16(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or
54.17tampered with so as to interfere with the return-to-idle system;
54.18(7) to chase or harass wildlife;
54.19(8) through emergent or floating vegetation at other than a slow-no wake speed;
54.20(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property,
54.21including weaving through congested watercraft traffic, jumping the wake of another
54.22watercraft within 150 feet of the other watercraft, or operating the watercraft while facing
54.24(10) in any other manner that is not reasonable and prudent; or
54.25(11) without a personal watercraft rules decal, issued by the commissioner, attached to
54.26the personal watercraft so as to be in full view of the operator.
54.27(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft
54.28to launch or land a person on water skis, a kneeboard, or similar device by the most direct
54.29route to open water.
55.1 Sec. 38. Minnesota Statutes 2016, section 86B.701, subdivision 3, is amended to read:
55.2 Subd. 3. Allocation of funding. (a) Notwithstanding section 16A.41, expenditures
55.3directly related to each appropriation's purpose made on or after January 1 of the fiscal year
55.4in which the grant is made or the date of work plan approval, whichever is later, are eligible
55.5for reimbursement unless otherwise provided.
55.6(b) The amount of funds to be allocated under subdivisions 1 and 2 and shall be
55.7determined by the commissioner on the basis of the following criteria:
55.8(1) the number of watercraft using the waters wholly or partially within the county;
55.9(2) the number of watercraft using particular bodies of water, wholly or partially within
55.10the county, in relation to the size of the body of water and the type, speed, and size of the
55.11watercraft utilizing the water body;
55.12(3) the amount of water acreage wholly or partially within the county;
55.13(4) the overall performance of the county in the area of boat and water safety;
55.14(5) special considerations, such as volume of transient or nonresident watercraft use,
55.15number of rental watercraft, extremely large bodies of water wholly or partially in the
55.17(6) any other factor as determined by the commissioner.
55.19surveys or studies, or utilize local surveys or studies to determine the criteria required in
55.21 Sec. 39. Minnesota Statutes 2016, section 88.01, subdivision 28, is amended to read:
55.22 Subd. 28. Prescribed burn. "Prescribed burn" means a fire that is intentionally ignited,
55.23managed, and controlled for the purpose of managing forests, prairies, or wildlife habitats
55.24by an entity meeting certification requirements established by the commissioner
55.26boundaries and requires immediate suppression action by a local fire department or other
55.27agency with wildfire suppression responsibilities is considered a wildfire.
55.28 Sec. 40. Minnesota Statutes 2016, section 88.523, is amended to read:
55.2988.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.
56.1Upon application of the owner, any auxiliary forest contract may be made subject to any
56.2provisions of law enacted subsequent to the execution of the contract and in force at the
56.3time of application, so far as not already applicable, with the approval of the county board
56.4and the commissioner of natural resources. A supplemental agreement in a
56.5prescribed by the commissioner
56.6the commissioner in behalf of the state and by the owner. The supplemental agreement must
56.7be filed and recorded in like manner as the supplemental contract under section 88.49,
56.8subdivision 9 , and takes effect upon filing and recording.
56.9 Sec. 41. Minnesota Statutes 2016, section 89.39, is amended to read:
56.1089.39 PURCHASE AGREEMENTS AND PENALTIES.
56.11Every individual, partnership, or private corporation to whom any planting stock is
56.12supplied for planting on private land
56.13execute an agreement,
56.14commissioner, to comply with
56.15conditions prescribed by the commissioner
56.17to any other penalties that may be applicable,
56.18times the reasonable value of the trees affected by the violation at the time the
56.19were shipped for planting; provided, that if
56.20any purpose not
56.21is equal to three times the sale price.
56.22action brought in the name of the state by the attorney general.
56.23 Sec. 42. Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision to
56.25 Subd. 1a. Affiliate. "Affiliate" means a person who:
56.26(1) controls, is controlled by, or is under common control with any other person,
56.27including, without limitation, a partner, business entity with common ownership, or principal
56.28of any business entity or a subsidiary, parent company, or holding company of any person;
56.30(2) bids as a representative for another person.
57.1 Sec. 43. Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read:
57.2 Subd. 8. Permit holder. "Permit holder" means the person or affiliate of the person who
57.3is the signatory of a permit to cut timber on state lands.
57.4 Sec. 44. Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read:
57.5 Subd. 12. Responsible bidder. "Responsible bidder" means a person or affiliate of a
57.6person who is financially responsible; demonstrates the judgment, skill, ability, capacity,
57.7and integrity requisite and necessary to perform according to the terms of a permit issued
57.8under this chapter; and is not currently debarred by
57.10 Sec. 45. Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read:
57.11 Subd. 2. Trespass on state lands. The commissioner may compromise and settle
57.13the state for casual and involuntary trespass upon state lands or timber; provided that no
57.14claim shall be settled for less than the full value of all timber or other materials taken in
57.15casual trespass or the full amount of all actual damage or loss suffered by the state as a
57.16result. Upon request, the commissioner shall advise the Executive Council of any information
57.17acquired by the commissioner concerning any trespass on state lands, giving all details and
57.18names of witnesses and all compromises and settlements made under this subdivision.
57.19 Sec. 46. Minnesota Statutes 2016, section 90.051, is amended to read:
57.2090.051 SUPERVISION OF SALES; BOND.
57.21The department employee delegated to supervise state timber appraisals and sales shall
57.22be bonded in a form to be prescribed by the
57.23of not less than $25,000, conditioned upon the faithful and honest performance of duties.
57.24 Sec. 47. Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read:
57.25 Subd. 2. Sale list and notice. At least 30 days before the date of sale, the commissioner
57.26shall compile a list containing a description of each tract of land upon which any timber to
57.27be offered is situated and a statement of the estimated quantity of timber and of the appraised
57.28price of each kind of timber thereon as shown by the report of the state appraiser. No
57.29description shall be added after the list is posted and no timber shall be sold from land not
57.30described in the list. Copies of the list
57.31At least 30 days before the date of sale, a copy of the list
58.1or conspicuously posted in the forest office or other public facility most accessible to potential
58.6The commissioner may give other published or posted notice as the commissioner deems
58.7proper to reach prospective bidders.
58.8 Sec. 48. Minnesota Statutes 2016, section 90.14, is amended to read:
58.990.14 AUCTION SALE PROCEDURE.
58.10(a) All state timber shall be offered and sold by the same unit of measurement as it was
58.11appraised. No tract shall be sold to any person other than the
58.12in whose name the bid was made. The commissioner may refuse to approve any and all bids
58.13received and cancel a sale of state timber for good and sufficient reasons.
58.14(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid,
58.15or, if unsold at public auction, at the time of purchase at a subsequent sale under section
58.1690.101 , subdivision 1, pay to the commissioner a down payment of 15 percent of the
58.17appraised value. In case any purchaser fails to make such payment, the purchaser shall be
58.18liable therefor to the state in a civil action, and the commissioner may reoffer the timber
58.19for sale as though no bid or sale under section 90.101, subdivision 1, therefor had been
58.21(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state
58.22timber may, at the time of payment by the purchaser to the commissioner of 15 percent of
58.23the appraised value, elect in
58.24commissioner to purchase a permit based solely on the appraiser's estimate of the volume
58.25of timber described in the permit, provided that the commissioner has expressly designated
58.26the availability of such option for that tract on the list of tracts available for sale as required
58.27under section 90.101. A purchaser who elects in
58.29of the volume of timber described on the permit does not have recourse to the provisions
58.30of section 90.281.
58.31(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be
58.32awarded to the high bidder, who shall pay to the commissioner a down payment of 15
58.33percent of the appraised value that must be received or postmarked within 14 days of the
58.34date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser
59.1is liable for the down payment to the state and the commissioner may offer the timber for
59.2sale to the next highest bidder as though no higher bid had been made.
59.3(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued
59.4under section 90.151, the commissioner shall require the purchaser to make a bid guarantee
59.5payment to the commissioner in an amount equal to 15 percent of the total purchase price
59.6of the permit less the down payment amount required by paragraph (b) for any bid increase
59.7in excess of $10,000 of the appraised value. If a required bid guarantee payment is not
59.8submitted with the signed permit, no harvesting may occur, the permit cancels, and the
59.9down payment for timber forfeits to the state. The bid guarantee payment forfeits to the
59.10state if the purchaser and successors in interest fail to execute an effective permit.
59.11 Sec. 49. Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read:
59.12 Subd. 2. Purchaser registration. To facilitate the sale of permits issued under section
59.1390.151 , the commissioner may establish a registration system to verify the qualifications
59.14of a person or affiliate as a responsible bidder to purchase a timber permit. Any system
59.15implemented by the commissioner shall be limited in scope to only that information that is
59.16required for the efficient administration of the purchaser qualification requirements of this
59.17chapter. The registration system established under this subdivision is not subject to the
59.18rulemaking provisions of chapter 14 and section 14.386 does not apply.
59.19 Sec. 50. Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read:
59.20 Subdivision 1. Issuance; expiration. (a) Following receipt of the down payment for
59.21state timber required under section 90.14 or 90.191, the commissioner shall issue a numbered
59.22permit to the purchaser, in a
59.23by the terms of which the purchaser
59.24and remove the timber
59.25of the state appraiser, according to the provisions of this chapter. The permit
59.26correctly dated and executed by the commissioner and signed by the purchaser. If a permit
59.27is not signed by the purchaser within 45 days from the date of purchase, the permit cancels
59.28and the down payment for timber required under section 90.14 forfeits to the state. The
59.29commissioner may grant an additional period for the purchaser to sign the permit, not to
59.30exceed ten business days, provided the purchaser pays a $200 penalty fee.
59.31 (b) The permit
59.32commissioner shall specify or as specified under section 90.191, and the timber
59.33be cut and removed within the time specified
60.1holder must request,
60.2sufficient reasons, up to 90 additional days for the completion of skidding, hauling, and
60.3removing all equipment and buildings. All cut timber, equipment, and buildings not removed
60.4from the land after expiration of the permit becomes the property of the state.
60.5 (c) The commissioner may grant
60.7request by the permit holder for good and sufficient reasons. The permit holder may combine
60.8in the written request under this paragraph the request for additional time under paragraph
60.10 Sec. 51. Minnesota Statutes 2016, section 90.162, is amended to read:
60.1190.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.
60.12In lieu of the security deposit equal to the value of all timber covered by the permit
60.13required by section 90.161, a purchaser of state timber may elect in
60.14prescribed by the
60.15of Minnesota equal to the purchase price for any designated cutting block identified on the
60.16permit before the date the purchaser enters upon the land to begin harvesting the timber on
60.17the designated cutting block.
60.18 Sec. 52. Minnesota Statutes 2016, section 90.252, is amended to read:
60.1990.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES;
60.21 Subdivision 1. Scaling agreement. The commissioner may enter into an agreement with
60.22either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling
60.23of the cut timber and the collection of the payment for the same can be consummated by
60.27and payment collection procedure may be used for any state timber sale, except that no
60.28permittee who is also the consumer shall both cut and scale the timber sold unless
60.29scaling is supervised by a state scaler.
60.30 Subd. 2. Weight measurement services; fees. The commissioner may enter into an
60.31agreement with the owner or operator of any weight scale inspected, tested, and approved
60.32under chapter 239 to provide weight measurements for
61.1to section 90.251. The agreement
61.3state timber permit so scaled, and
61.4the interests of the state. Except as otherwise provided by the commissioner, the cost of any
61.5agreement to provide weight measurement of state timber
61.6holder of any state timber permit so measured and the cost
61.7statement of the amount due for the permit under section 90.181, subdivision 1.
61.8 Sec. 53. Minnesota Statutes 2016, section 93.25, subdivision 2, is amended to read:
61.9 Subd. 2. Lease requirements. All leases for nonferrous metallic minerals or petroleum
61.10must be approved by the Executive Council, and any other mineral lease issued pursuant
61.11to this section that covers 160 or more acres must be approved by the Executive Council.
61.12The rents, royalties, terms, conditions, and covenants of all such leases shall be fixed by
61.13the commissioner according to rules adopted by the commissioner, but no lease shall be for
61.14a longer term than 50 years, and all rents, royalties, terms, conditions, and covenants shall
61.15be fully set forth in each lease issued. No lease shall be canceled by the state for failure to
61.16meet production requirements prior to the 36th year of the lease. The rents and royalties
61.17shall be credited to the funds as provided in section 93.22.
61.18EFFECTIVE DATE.This section is effective the day following final enactment and
61.19applies to leases in effect or issued on or after that date.
61.20 Sec. 54. Minnesota Statutes 2016, section 93.47, subdivision 4, is amended to read:
61.21 Subd. 4. Administration and enforcement. The commissioner shall administer and
61.22enforce sections 93.44 to 93.51 and the rules adopted pursuant hereto. In so doing the
61.23commissioner may (1) conduct such investigations and inspections as the commissioner
61.24deems necessary for the proper administration of sections 93.44 to 93.51; (2) enter upon
61.25any parts of the mining areas in connection with any such investigation and inspection
61.26without liability to the operator or landowner provided that reasonable prior notice of
61.27intention to do so shall have been given the operator or landowner; (3) conduct such research
61.28or enter into contracts related to mining areas and the reclamation thereof as may be necessary
61.29to carry out the provisions of sections 93.46 to 93.50; and (4) allocate surplus wetland credits
61.30that are approved by the commissioner under a permit to mine on or after July 1, 1991, and
61.31that are not otherwise deposited in a state wetland bank .
61.32EFFECTIVE DATE.This section is effective retroactively from July 1, 1991.
62.1 Sec. 55. Minnesota Statutes 2016, section 93.481, subdivision 2, is amended to read:
62.2 Subd. 2. Commissioner's review; hearing
62.5filed, the commissioner shall grant the permit applied for, with or without modifications or
62.6conditions, or deny the application unless a contested case hearing is requested under section
62.15to grant the permit, with or without modifications, or deny the application constitutes a final
62.16order for purposes of section 93.50. The commissioner in granting a permit with or without
62.17modifications shall determine that the reclamation or restoration planned for the operation
62.18complies with lawful requirements and can be accomplished under available technology
62.19and that a proposed reclamation or restoration technique is practical and workable under
62.20available technology. The commissioner may hold public meetings on the application.
62.21 Sec. 56. [93.483] CONTESTED CASE.
62.22 Subdivision 1. Petition for contested case hearing. Any person owning property that
62.23is adjacent to the proposed operation or any federal, state, or local government having
62.24responsibilities affected by the proposed operation identified in the application for a permit
62.25to mine under section 93.481 may file a petition with the commissioner to hold a contested
62.26case hearing on the completed application. To be considered by the commissioner, a petition
62.27must be submitted in writing, must contain the information specified in subdivision 2, and
62.28must be submitted to the commissioner within 30 days after the application is deemed
62.29complete and filed. In addition, the commissioner may, on the commissioner's own motion,
62.30order a contested case hearing on the completed application.
62.31 Subd. 2. Petition contents. (a) A petition for a contested case hearing must include the
62.33(1) a statement of reasons or proposed findings supporting the commissioner's decision
62.34to hold a contested case hearing pursuant to the criteria in subdivision 3; and
63.1(2) a statement of the issues proposed to be addressed by a contested case hearing and
63.2the specific relief requested or resolution of the matter.
63.3(b) To the extent known by the petitioner, a petition for a contested case hearing may
63.5(1) a proposed list of prospective witnesses to be called, including experts, with a brief
63.6description of the proposed testimony or a summary of evidence to be presented at a contested
63.8(2) a proposed list of publications, references, or studies to be introduced and relied
63.9upon at a contested case hearing; and
63.10(3) an estimate of time required for the petitioner to present the matter at a contested
63.12(c) A petitioner is not bound or limited to the witnesses, materials, or estimated time
63.13identified in the petition if the requested contested case is granted by the commissioner.
63.14(d) Any person may serve timely responses to a petition for a contested case hearing.
63.15The commissioner shall establish deadlines for responses to be submitted.
63.16 Subd. 3. Commissioner's decision to hold hearing. The commissioner may grant the
63.17petition to hold a contested case hearing or order upon the commissioner's own motion that
63.18a contested case hearing be held if the commissioner finds that:
63.19(1) there is a material issue of fact in dispute concerning the completed application before
63.21(2) the commissioner has jurisdiction to make a determination on the disputed material
63.22issue of fact; and
63.23(3) there is a reasonable basis underlying a disputed material issue of fact so that a
63.24contested case hearing would allow the introduction of information that would aid the
63.25commissioner in resolving the disputed facts in order to make a final decision on the
63.27 Subd. 4. Hearing upon demand of applicant. If the commissioner denies an application,
63.28the applicant may, within 30 days after receipt of the commissioner's order denying the
63.29application, file a demand for a contested case.
63.30 Subd. 5. Scope of hearing. If the commissioner decides to hold a contested case hearing,
63.31the commissioner shall identify the issues to be resolved and limit the scope and conduct
63.32of the hearing in accordance with applicable law, due process, and fundamental fairness.
64.1The commissioner may, before granting or ordering a contested case hearing, develop a
64.2proposed permit or permit conditions to inform the contested case. The contested case
64.3hearing must be conducted in accordance with sections 14.57 to 14.62. The final decision
64.4by the commissioner to grant, with or without modifications or conditions, or deny the
64.5application after a contested case shall constitute a final order for purposes of section 93.50.
64.6 Subd. 6. Consistency with administrative rules. The commissioner shall construe the
64.7administrative procedures under Minnesota Rules, parts 6130.4800 and 6132.4000, in a
64.8manner that is consistent with this section. To the extent any provision of Minnesota Rules,
64.9parts 6130.4800 and 6132.4000, conflicts with this section, this section controls.
64.10 Sec. 57. Minnesota Statutes 2016, section 93.50, is amended to read:
64.12Any person aggrieved by any final order, ruling, or decision of the commissioner may
64.15 Sec. 58. Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read:
64.16 Subd. 9. Approval by
64.17shall be consummated unless the
64.18commissioner determines that the title to the land proposed to be conveyed to the state is
64.20reservations herein authorized. The commissioner may use title insurance to aid in the title
64.21determination. If required by the
64.22submit an abstract of title and make and file with the commissioner an affidavit as to
64.23possession of the land, improvements, liens, and encumbrances thereon, and other matters
64.24affecting the title.
64.25 Sec. 59. Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read:
64.26 Subd. 9. Approval of county attorney. No exchange of class B land shall be
64.27consummated unless the title to the land proposed to be exchanged therefor
64.28approved by the county attorney in like manner as provided for approval by the
65.1 Sec. 60. Minnesota Statutes 2016, section 97A.015, is amended by adding a subdivision
65.3 Subd. 35a. Portable shelter. "Portable shelter" means a fish house, dark house, or other
65.4shelter that is set on the ice of state waters to provide shelter and that collapses, folds, or is
65.5disassembled for transportation.
65.6 Sec. 61. Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read:
65.7 Subd. 39. Protected wild animals. "Protected wild animals"
65.10turtles, clams, mussels, wolf, mourning doves, bats, snakes, salamanders, lizards, any animal
65.11species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter
65.126134, and wild animals that are protected by a restriction in the time or manner of taking,
65.13other than a restriction in the use of artificial lights, poison, or motor vehicles.
65.14 Sec. 62. Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read:
65.15 Subd. 43. Rough fish. "Rough fish" means carp, buffalo, sucker, sheepshead, bowfin,
65.16burbot, cisco, gar, goldeye, and bullhead, except for any fish species listed as endangered,
65.17threatened, or of special concern in Minnesota Rules, chapter 6134.
65.18 Sec. 63. Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read:
65.19 Subd. 45. Small game. "Small game" means game birds, gray squirrel, fox squirrel,
65.20cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, short-tailed weasel,
65.21long-tailed weasel, wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar,
65.22wolverine, muskrat, mink, otter, and beaver.
65.23 Sec. 64. Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read:
65.24 Subd. 52. Unprotected birds. "Unprotected birds" means English sparrow,
65.26quail other than bobwhite quail, and mute swan.
65.27 Sec. 65. Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read:
65.28 Subd. 53. Unprotected wild animals. "Unprotected wild animals" means wild animals
65.29that are not protected wild animals including
66.1striped skunk, and unprotected birds, except any animal species listed as endangered,
66.2threatened, or of special concern in Minnesota Rules, chapter 6134.
66.3 Sec. 66. Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read:
66.4 Subd. 10. Reciprocal agreements on violations. The commissioner
66.6in other states and the United States government to provide for:
66.7(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents
66.8for violations of game and fish laws committed in signatory jurisdictions
66.9in license revocation in that jurisdiction;
66.10(2) reporting convictions and license revocations of residents of signatory states for
66.11violations of game and fish laws of Minnesota to game and fish authorities in the
66.12nonresident's state of residence; and
66.13(3) release upon signature without posting of bail for residents of signatory states accused
66.14of game and fish law violations in this state, providing for recovery, in the resident
66.15jurisdiction, of fines levied if the citation is not answered in this state.
66.16As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail.
66.17 Sec. 67. Minnesota Statutes 2016, section 97A.055, subdivision 2, is amended to read:
66.18 Subd. 2. Receipts. The commissioner of management and budget shall credit to the
66.19game and fish fund all money received under the game and fish laws and all income from
66.20state lands acquired by purchase or gift for game or fish purposes, including receipts from:
66.21(1) licenses and permits issued;
66.22(2) fines and forfeited bail;
66.23(3) sales of contraband, wild animals, and other property under the control of the division,
66.24except as provided in section 97A.225, subdivision 8, clause (2);
66.25(4) fees from advanced education courses for hunters and trappers;
66.26(5) reimbursements of expenditures by the division;
66.27(6) contributions to the division; and
66.28(7) revenue credited to the game and fish fund under section 297A.94, paragraph (e),
67.1 Sec. 68. Minnesota Statutes 2016, section 97A.075, subdivision 1, is amended to read:
67.2 Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this subdivision,
67.3"deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5),
67.4(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and
67.58, paragraph (b), and licenses issued under section 97B.301, subdivision 4.
67.6 (b) $2 from each annual deer license and $2 annually from the lifetime fish and wildlife
67.7trust fund, established in section 97A.4742, for each license issued under section 97A.473,
67.8subdivision 4 , shall be credited to the deer management account and is appropriated to the
67.9commissioner for deer habitat improvement or deer management programs.
67.10 (c) $1 from each annual deer license and each bear license and $1 annually from the
67.11lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued
67.12under section 97A.473, subdivision 4, shall be credited to the deer and bear management
67.13account and is appropriated to the commissioner for deer and bear management programs,
67.14including a computerized licensing system.
67.15 (d) Fifty cents from each deer license is credited to the emergency deer feeding and wild
67.16cervidae health management account and is appropriated for emergency deer feeding and
67.17wild cervidae health management. Money appropriated for emergency deer feeding and
67.18wild cervidae health management is available until expended.
67.19 When the unencumbered balance in the appropriation for emergency deer feeding and
67.20wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
67.21unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
67.22management programs and computerized licensing.
67.27EFFECTIVE DATE.This section is effective July 1 of the year following the year the
67.28wolf is delisted under the federal Endangered Species Act.
67.29 Sec. 69. Minnesota Statutes 2016, section 97A.137, subdivision 5, is amended to read:
67.30 Subd. 5. Portable stands.
67.31stand may be left overnight in a wildlife management area by a person with a valid
68.1person leaving a portable stand overnight under this subdivision must affix a tag with: (1)
68.2the person's name and address; (2) the licensee's driver's license number; or (3) the "MDNR#"
68.3license identification number issued to the licensee. The tag must be affixed to the stand in
68.4a manner that it can be read from the ground and be made of a material sufficient to withstand
68.5weather conditions. A person leaving a portable stand overnight in a wildlife management
68.6area may not leave more than two portable stands in any one wildlife management area.
68.7 Sec. 70. Minnesota Statutes 2016, section 97A.201, subdivision 2, is amended to read:
68.8 Subd. 2. Duty of
68.9officers must enforce the game and fish laws.
68.10 Sec. 71. Minnesota Statutes 2016, section 97A.201, is amended by adding a subdivision
68.12 Subd. 3. Prosecuting authority. County attorneys are the primary prosecuting authority
68.13for violations under section 97A.205, clause (5). Prosecution includes associated civil
68.14forfeiture actions provided by law.
68.15 Sec. 72. Minnesota Statutes 2016, section 97A.225, subdivision 8, is amended to read:
68.16 Subd. 8. Proceeds of sale.
68.17after payment of the costs of seizing, towing, keeping, and selling the property
68.20(1) 70 percent of the money or proceeds shall be deposited in the state treasury and
68.21credited to the game and fish fund; and
68.22(2) 30 percent of the money or proceeds is considered a cost of forfeiting the property
68.23and must be forwarded to the prosecuting authority that handled the forfeiture for deposit
68.24as a supplement to its operating fund or similar fund for prosecutorial purposes.
68.25 Sec. 73. Minnesota Statutes 2016, section 97A.301, subdivision 1, is amended to read:
68.26 Subdivision 1. Misdemeanor. Unless a different penalty is prescribed, a person is guilty
68.27of a misdemeanor if that person:
68.29game and fish laws;
68.30(2) aids or assists in committing the violation;
69.1(3) knowingly shares in the proceeds of the violation;
69.2(4) fails to perform a duty or comply with a requirement of the game and fish laws;
69.3(5) knowingly makes a false statement related to an affidavit regarding a violation or
69.4requirement of the game and fish laws; or
69.5(6) violates or attempts to violate a rule under the game and fish laws.
69.6 Sec. 74. Minnesota Statutes 2016, section 97A.338, is amended to read:
69.797A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.
69.8(a) A person who takes, possesses, or transports wild animals over the legal limit, in
69.9closed season, or without a valid license, when the restitution value of the wild animals is
69.10over $1,000 is guilty of a gross overlimit violation. Except as provided in paragraph (b), a
69.11violation under this
69.12(b) If a wild animal involved in a gross overlimit violation is listed as a threatened or
69.13endangered wild animal, the penalty in paragraph (a) does not apply unless more than one
69.14animal is taken, possessed, or transported in violation of the game and fish laws.
69.15 Sec. 75. Minnesota Statutes 2016, section 97A.420, subdivision 1, is amended to read:
69.16 Subdivision 1. Seizure. (a) An enforcement officer shall immediately seize the license
69.17of a person who unlawfully takes, transports, or possesses wild animals when the restitution
69.18value of the wild animals exceeds $500. Except as provided in subdivisions 2, 4, and 5, the
69.19person may not use or obtain any license to take the same type of wild animals involved,
69.20including a duplicate license, until an action is taken under subdivision 6. If the license
69.21seized under this paragraph was for a big game animal, the license seizure applies to all
69.22licenses to take big game issued to the individual. If the license seized under this paragraph
69.23was for small game animals, the license seizure applies to all licenses to take small game
69.24issued to the individual.
69.25(b) In addition to the license seizure under paragraph (a), if the restitution value of the
69.26wild animals unlawfully taken, possessed, or transported is
69.27game and fish licenses held by the person shall be immediately seized. Except as provided
69.28in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
69.29including a duplicate license, until an action is taken under subdivision 6.
69.30(c) A person may not take wild animals covered by a license seized under this subdivision
69.31until an action is taken under subdivision 6.
70.1 Sec. 76. Minnesota Statutes 2016, section 97A.421, subdivision 2a, is amended to read:
70.2 Subd. 2a. Issuance after conviction; gross overlimits. (a) A person may not obtain a
70.3license to take a wild animal and is prohibited from taking wild animals for ten years after
70.4the date of conviction of a violation when the restitution value of the wild animals is $2,000
70.6(b) A person may not obtain a license to take a wild animal and is prohibited from taking
70.7wild animals for
70.8(1) a violation when the restitution value of the wild animals is
70.9but less than $2,000; or
70.10(2) a violation when the restitution value of the wild animals exceeds $500 and the
70.11violation occurs within ten years of one or more previous license revocations under this
70.14violation when the restitution value of the wild animals exceeds $500 and is prohibited from
70.15taking the type of wild animals involved in the violation for
70.16date of conviction of a violation.
70.20(e) If a wild animal involved in the conviction is listed as a threatened or endangered
70.21wild animal, the revocations under this subdivision do not apply unless more than one animal
70.22is taken, possessed, or transported in violation of the game and fish laws.
70.24under this subdivision.
70.25 Sec. 77. Minnesota Statutes 2016, section 97A.441, subdivision 1, is amended to read:
70.26 Subdivision 1. Angling and spearing; disabled residents. (a) A person authorized to
70.27issue licenses must issue, without a fee, licenses to take fish by angling or spearing to a
70.28resident who is:
70.30(2) a recipient of Supplemental Security Income for the aged, blind, and disabled;
71.1(3) a recipient of Social Security aid to the disabled under United States Code, title 42,
71.2section 416, paragraph (i)(l), or section 423(d);
71.3(4) a recipient of workers' compensation based on a finding of total and permanent
71.5(5) 65 years of age or older and was qualified under clause (2) or (3) at the age of 64;
71.7(6) permanently disabled and meets the disability requirements for Supplemental Security
71.8Income or Social Security aid to the disabled under United States Code, title 42, section
71.9416, paragraph (i)(l), or section 423(d);
71.10(7) receiving aid under the federal Railroad Retirement Act of 1974, United States Code,
71.11title 45, section 231a(a)(1)(v); or
71.12(8) a former employee of the United States Postal Service receiving disability pay under
71.13United States Code, title 5, section 8337.
71.14(b) A driver's license or Minnesota identification card bearing the applicable designation
71.15under section 171.07, subdivision 17, serves as satisfactory evidence to obtain a license
71.16under this subdivision at all agent locations.
71.17 Sec. 78. Minnesota Statutes 2016, section 97B.031, subdivision 6, is amended to read:
71.18 Subd. 6. Scopes
71.19a scope to take deer during the muzzleloader season. The scope may have magnification
71.21 Sec. 79. [97B.032] RULES LIMITING USE OF LEAD SHOT PROHIBITED.
71.22The commissioner of natural resources shall not adopt rules further restricting the use
71.23of lead shot.
71.24EFFECTIVE DATE.This section is effective the day following final enactment and
71.25applies to rules adopted on or after that date.
71.26 Sec. 80. Minnesota Statutes 2016, section 97B.071, is amended to read:
71.28OR BLAZE PINK.
71.29 (a) Except as provided in rules adopted under paragraph (c), a person may not hunt or
71.30trap during the open season where deer may be taken by firearms under applicable laws and
72.1ordinances, unless the visible portion of the person's cap and outer clothing above the waist,
72.2excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze pink
72.3includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within each
72.4foot square. This section does not apply to migratory-waterfowl hunters on waters of this
72.5state or in a stationary shooting location or to trappers on waters of this state.
72.6 (b) Except as provided in rules adopted under paragraph (c), and in addition to the
72.7requirement in paragraph (a), a person may not take small game other than turkey, migratory
72.8birds, raccoons, and predators, except while trapping, unless a visible portion of at least one
72.9article of the person's clothing above the waist is blaze orange or blaze pink. This paragraph
72.10does not apply to a person when in a stationary location while hunting deer by archery or
72.11when hunting small game by falconry.
72.12 (c) The commissioner may, by rule, prescribe an alternative color in cases where
72.13paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
72.15 (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only by
72.16a safety warning.
72.17 Sec. 81. Minnesota Statutes 2016, section 97B.405, is amended to read:
72.1897B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
72.19 (a) The commissioner may limit the number of persons that may hunt bear in an area,
72.20if it is necessary to prevent an overharvest or improve the distribution of hunters. The
72.21commissioner may establish, by rule, a method, including a drawing, to impartially select
72.22the hunters for an area. The commissioner shall give preference to hunters that have
72.23previously applied and have not been selected.
72.24(b) If the commissioner limits the number of persons that may hunt bear in an area under
72.25paragraph (a), the commissioner must reserve one permit and give first preference for that
72.26permit to a resident of a Minnesota veterans home.
72.28remaining available licenses not purchased shall be issued to any eligible person as prescribed
72.29by the commissioner on a first-come, first-served basis beginning three business days after
72.31 Sec. 82. Minnesota Statutes 2016, section 97B.431, is amended to read:
72.3297B.431 BEAR-HUNTING OUTFITTERS.
73.1 (a) A person may not place bait for bear, or guide hunters to take bear, for compensation
73.2without a bear-hunting-outfitter license. A bear-hunting outfitter is not required to have a
73.3license to take bear unless the outfitter is attempting to shoot a bear. The commissioner
73.4shall adopt rules for qualifications for issuance and administration of the licenses.
73.5 (b) The commissioner shall establish a resident master bear-hunting-outfitter license
73.6under which one person serves as the bear-hunting outfitter and one other person is eligible
73.7to guide and bait bear. Additional persons may be added to the license and are eligible to
73.8guide and bait bear under the license, provided the additional fee under section 97A.475,
73.9subdivision 16 , is paid for each person added. The commissioner shall adopt rules for
73.10qualifications for issuance and administration of the licenses. The commissioner must not
73.11require a person to have certification or training in first aid or CPR to be eligible for a license
73.12under this section.
73.13 Sec. 83. Minnesota Statutes 2016, section 97B.516, is amended to read:
73.1497B.516 ELK MANAGEMENT PLAN.
73.15(a) The commissioner of natural resources must adopt an elk management plan that:
73.16(1) recognizes the value and uniqueness of elk;
73.17(2) provides for integrated management of an elk population in harmony with the
73.19(3) affords optimum recreational opportunities.
73.20(b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd in
73.21Kittson, Roseau, Marshall, or Beltrami Counties in a manner that would increase the size
73.22of the herd, including adoption or implementation of an elk management plan designed to
73.23increase an elk herd, unless the commissioner of agriculture verifies that crop and fence
73.24damages paid under section 3.7371 and attributed to the herd have not increased for at least
73.26(c) At least 60 days prior to implementing a plan to increase an elk herd, the
73.27commissioners of natural resources and agriculture must hold a joint public meeting in the
73.28county where the elk herd to be increased is located. At the meeting, the commissioners
73.29must present evidence that crop and fence damages have not increased in the prior two years
73.30and must detail the practices that will be used to reduce elk conflicts with area landowners.
74.1 Sec. 84. Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read:
74.2 Subdivision 1. Owners and occupants may take certain animals. A person or the
74.3person's agent may take bats, snakes, salamanders, lizards, weasel, mink, squirrel, rabbit,
74.4hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the
74.5person where the animal is causing damage. The person or the person's agent may take the
74.6animal without a license and in any manner except by
74.7season or by poison. Raccoons may be taken under this subdivision with artificial lights
74.8during open season. A person
74.9fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer
74.10or employee of the Fish and Wildlife Division within 24 hours after the animal is killed.
74.11 Sec. 85. Minnesota Statutes 2016, section 97C.315, subdivision 1, is amended to read:
74.12 Subdivision 1. Lines. An angler may not use more than one line except:
74.13(1) two lines may be used to take fish through the ice;
74.14(2) the commissioner may, by rule, authorize the use of two lines in areas designated by
74.15the commissioner in Lake Superior; and
74.16(3) two lines may be used to take fish during the open-water season, except on waters
74.17during a catch and release season for any species, by a resident or nonresident angler who
74.18purchases a second-line endorsement for $5. Of the amount collected from purchases of
74.19second-line endorsements, 50 percent must be spent on walleye stocking.
74.20EFFECTIVE DATE.This section is effective March 1, 2018.
74.21 Sec. 86. Minnesota Statutes 2016, section 97C.355, subdivision 2a, is amended to read:
74.22 Subd. 2a. Portable shelters. (a) A person using a portable shelter that is not identified
74.23under subdivision 1 may not leave the portable shelter unattended between midnight and
74.24sunrise and must remain within 200 feet of the shelter while the shelter is on the ice of state
74.26(b) If a person leaves the portable shelter unattended any time between midnight and
74.27one hour before sunrise or is not within 200 feet of the portable shelter, the portable shelter
74.28must be licensed as provided under subdivision 2.
75.1 Sec. 87. Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read:
75.2 Subd. 2. Walleye
75.3may have no more than one walleye larger than 20 inches
75.6 Sec. 88. Minnesota Statutes 2016, section 97C.501, subdivision 1, is amended to read:
75.7 Subdivision 1. Minnow retailers. (a) A person may not be a minnow retailer without
75.8a minnow retailer license except as provided in subdivisions 2, paragraph (d), and 3. A
75.9person must purchase a minnow retailer license for each minnow retail outlet operated,
75.10except as provided by subdivision 2, paragraph (d).
75.11(b) A minnow retailer must obtain a minnow retailer's vehicle license for each motor
75.12vehicle used by the minnow retailer to transport more than 12 dozen minnows to the minnow
75.13retailer's place of business
75.14required to obtain a minnow retailer's vehicle license:
75.15(1) as provided in subdivision 3;
75.16(2) if the minnow retailer is licensed as a resort under section 157.16, is transporting
75.17minnows purchased from a minnow dealer's place of business directly to the resort, possesses
75.18a detailed receipt, including the date and time of purchase, and presents the receipt and
75.19minnows for inspection upon request; or
75.20(3) if minnows are being transported by common carrier and information is provided
75.21that allows the commissioner to find out the location of the shipment in the state.
75.22 Sec. 89. Minnesota Statutes 2016, section 97C.515, subdivision 2, is amended to read:
75.23 Subd. 2. Permit for transportation; importation. (a) A person may transport live
75.24minnows through the state with a permit from the commissioner. The permit must state the
75.25name and address of the person, the number and species of minnows, the point of entry into
75.26the state, the destination, and the route through the state. The permit is not valid for more
75.27than 12 hours after it is issued. A person must not import minnows into the state except as
75.28provided in this section.
75.29(b) Minnows transported under this subdivision must be in a tagged container. The tag
75.30number must correspond with tag numbers listed on the minnow transportation permit.
76.1(c) The commissioner may require the person transporting minnow species found on
76.2the official list of viral hemorrhagic septicemia susceptible species published by the United
76.3States Department of Agriculture, Animal and Plant Health Inspection Services, to provide
76.4health certification for viral hemorrhagic septicemia. The certification must disclose any
76.5incidentally isolated replicating viruses, and must be dated within the 12 months preceding
76.7(d) Golden shiner minnows may be imported as provided in this subdivision. Golden
76.8shiner minnows that are imported must be certified as healthy according to Arkansas
76.9standards in accordance with the Arkansas baitfish certification program.
76.10(e) Golden shiner minnows must be certified free of viral hemorrhagic septicemia,
76.11infectious hematopoietic necrosis, infectious pancreatic necrosis, spring viremia of carp
76.12virus, fathead minnow nidovirus, heterosporis, aeromonas salmonicida, and yersinia ruckeri.
76.13(f) Golden shiner minnows must originate from a biosecure facility that has tested
76.14negative for invasive species.
76.15(g) Only a person that holds a Minnesota wholesale minnow dealer's license issued under
76.16section 97C.501, subdivision 2, may obtain a permit to import golden shiner minnows.
76.17 Sec. 90. Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision
76.19 Subd. 7. Harvesting mussel shells. Live mussels may not be harvested. A person
76.20possessing a valid resident or nonresident angling license or a person not required to have
76.21an angling license to take fish may take and possess at any time, for personal use only, not
76.22more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may
76.23be harvested in waters of the state where fish may be taken by angling. Mussel shells must
76.24be harvested by hand-picking only and may not be purchased or sold.
76.25 Sec. 91. Minnesota Statutes 2016, section 103B.101, subdivision 12a, is amended to read:
76.26 Subd. 12a. Authority to issue penalty orders. (a)
76.28of the water resources riparian protection requirements under sections 103F.415, 103F.421,
76.29and 103F.48 to be corrected and administratively assessing monetary penalties up to $500
76.30for noncompliance commencing on day one of the 11th month after the noncompliance
76.31notice was issued. The proceeds collected from an administrative penalty order issued under
77.1this section must be remitted to
77.3(b) Before exercising this authority, the Board of Water and Soil Resources must adopt
77.4a plan containing procedures for the issuance of administrative penalty orders
77.6amendments, will become effective 30 days after being published in the State Register. The
77.7initial plan must be published in the State Register no later than July 1, 2017.
77.8(c) Administrative penalties may be reissued and appealed under paragraph (a) according
77.9to section 103F.48, subdivision 9.
77.10 Sec. 92. Minnesota Statutes 2016, section 103F.411, subdivision 1, is amended to read:
77.11 Subdivision 1. Authority. The Board of Water and Soil Resources, in consultation with
77.12counties, soil and water conservation districts, and other appropriate agencies, shall adopt
77.13a model ordinance and rules that serve as a guide for local governments that have adopted
77.14a soil loss ordinance to implement sections 103F.401 to 103F.455 and provide administrative
77.15procedures for the board for sections 103F.401 to 103F.455.
77.16 Sec. 93. Minnesota Statutes 2016, section 103F.48, subdivision 1, is amended to read:
77.17 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have
77.18the meanings given them.
77.19(b) "Board" means the Board of Water and Soil Resources.
77.20(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive plants
77.21and noxious weeds, adjacent to all bodies of water within the state and that protects the
77.22water resources of the state from runoff pollution; stabilizes soils, shores, and banks; and
77.23protects or provides riparian corridors.
77.24(d) "Buffer protection map" means buffer maps established and maintained by the
77.25commissioner of natural resources.
77.26(e) "Commissioner" means the commissioner of natural resources.
77.27(f) "Executive director" means the executive director of the Board of Water and Soil
77.29(g) "Local water management authority" means a watershed district, metropolitan water
77.30management organization, or county operating separately or jointly in its role as local water
77.31management authority under chapter 103B or 103D.
78.1(h) "Normal water level" means the level evidenced by the long-term presence of surface
78.2water as indicated directly by hydrophytic plants or hydric soils or indirectly determined
78.3via hydrological models or analysis.
78.4(i) "Public waters"
78.5means public waters
78.6inventory as provided in section 103G.201.
78.7(j) "With jurisdiction" means a
78.8that has adopted a rule, ordinance, or official controls providing procedures for
78.11 Sec. 94. Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:
78.12 Subd. 3. Water resources riparian protection requirements on public waters and
78.13public drainage systems. (a) Except as provided in paragraph (b), landowners owning
78.14property adjacent to a water body identified and mapped on a buffer protection map must
78.15maintain a buffer to protect the state's water resources as follows:
78.16(1) for all public waters that have a shoreland classification, the more restrictive of:
78.17(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially
78.18rooted vegetation; or
78.19(ii) the state shoreland standards and criteria adopted by the commissioner under section
78.20103F.211 ; and
78.21(2) for public drainage systems established under chapter 103E and public waters that
78.22do not have a shoreland classification, a 16.5-foot minimum width continuous buffer as
78.23provided in section 103E.021, subdivision 1. The buffer vegetation shall not impede future
78.24maintenance of the ditch.
78.25(b) A landowner owning property adjacent to a water body identified in a buffer protection
78.26map and whose property is used for cultivation farming may meet the requirements under
78.27paragraph (a) by adopting an alternative riparian water quality practice, or combination of
78.28structural, vegetative, and management practices, based on the Natural Resources
78.29Conservation Service Field Office Technical Guide or other practices approved by the local
78.30soil and water conservation district board, that provide water quality protection comparable
78.31to the buffer protection for the water body that the property abuts. Included in these practices
78.32are retention ponds and alternative measures that prevent overland flow to the water resource.
78.33A landowner, authorized agent, or operator may request the soil and water conservation
79.1district to make a determination whether a specific alternative water quality practice would
79.2meet the applicable requirements under this section. If a landowner, authorized agent, or
79.3operator has requested, at least 90 days before the applicable effective date under paragraph
79.4(e), that the soil and water conservation district make a determination, then the landowner
79.5must not be found noncompliant until the soil and water conservation district has notified
79.6the landowner, agent, or operator in writing whether the practice would meet the applicable
79.8(c) The width of a buffer on public waters must be measured from the top or crown of
79.9the bank. Where there is no defined bank, measurement must be from the edge of the normal
79.10water level. The width of the buffer on public drainage systems must be measured as provided
79.11in section 103E.021, subdivision 1.
79.12(d) Upon request by a landowner or authorized agent or operator of a landowner, a
79.13technical professional employee or contractor of the soil and water conservation district or
79.14its delegate may issue a validation of compliance with the requirements of this subdivision.
79.15The soil and water conservation district validation may be appealed to the board as described
79.16in subdivision 9.
79.17(e) Buffers or alternative water quality practices required under paragraph (a) or (b)
79.18must be in place on or before:
79.19(1) November 1,
79.20(2) November 1,
79.21(f) Nothing in this section limits the eligibility of a landowner or authorized agent or
79.22operator of a landowner to participate in federal or state conservation programs, including
79.23enrolling or reenrolling in federal conservation programs.
79.24(g) After the effective date of this section, a person planting buffers or water quality
79.25protection practices to meet the requirements in paragraph (a) must use only seed mixes
79.26that are certified to be free of Palmer amaranth or other noxious weed seeds. The board, a
79.27county, or a watershed district must not take corrective action under subdivision 7 against
79.28a landowner who does not have seed available to comply with this paragraph.
79.29EFFECTIVE DATE.This section is effective the day following final enactment.
79.30 Sec. 95. Minnesota Statutes 2016, section 103F.48, subdivision 7, is amended to read:
79.31 Subd. 7. Corrective actions. (a) If the soil and water conservation district determines
79.32a landowner is not in compliance with this section, and the landowner has declined state or
80.1federal assistance to pay 100 percent of the cost to establish buffers or other water resource
80.2protection measures approved by the board and annual payments or an easement for the
80.3land, the district must notify the county or watershed district with jurisdiction over the
80.4noncompliant site and the board. The county or watershed district with jurisdiction or the
80.5board must provide the landowner with a list of corrective actions needed to come into
80.6compliance and a practical timeline to meet the requirements in this section. The county or
80.7watershed district with jurisdiction must provide a copy of the corrective action notice to
80.9(b) A county or watershed district exercising jurisdiction under this subdivision
80.11jurisdiction and identify the ordinance, rule, or other official controls to carry out the
80.12compliance provisions of this section
80.14the board at least 60 days prior to the effective date of a subsequent decision on their
80.16(c) If the landowner does not comply with the list of actions and timeline provided, the
80.17county or watershed district may enforce this section
80.19control of the county.
80.23site has not adopted a plan, rule, ordinance, or official control under this paragraph, the
80.24board must enforce this section under the authority granted in section 103B.101, subdivision
80.26(d) If the county, watershed district, or board determines that sufficient steps have been
80.27taken to fully resolve noncompliance, all or part of the penalty may be forgiven.
80.28(e) An order issued under paragraph (c) may be appealed to the board as provided under
80.30(f) A corrective action is not required for conditions resulting from a flood or other act
80.32(g) A landowner agent or operator of a landowner may not remove or willfully degrade
80.33a riparian buffer or water quality practice, wholly or partially, unless the agent or operator
80.34has obtained a signed statement from the property owner stating that the permission for the
81.1work has been granted by the unit of government authorized to approve the work in this
81.2section or that a buffer or water quality practice is not required as validated by the soil and
81.3water conservation district. Removal or willful degradation of a riparian buffer or water
81.4quality practice, wholly or partially, by an agent or operator is a separate and independent
81.5offense and may be subject to the corrective actions and penalties in this subdivision.
81.6(h) A county or watershed district or the board shall not enforce this section unless
81.7federal or state assistance is available to the landowner to pay 100 percent of the cost to
81.8establish buffers or other water resource protection measures approved by the board and
81.9annual payments or an easement for the land.
81.10 Sec. 96. Minnesota Statutes 2016, section 103G.005, is amended by adding a subdivision
81.12 Subd. 8a. Constructed management facilities for storm water. "Constructed
81.13management facilities for storm water" means ponds, basins, holding tanks, cisterns,
81.14infiltration trenches and swales, or other best management practices that have been designed,
81.15constructed, and operated to store or treat storm water in accordance with local, state, or
81.17 Sec. 97. Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to read:
81.18 Subd. 10b. Greater than 80 percent area. "Greater than 80 percent area" means a
81.20percent or more of the presettlement wetland acreage is intact and:
81.21(1) ten percent or more of the current total land area is wetland; or
81.22(2) 50 percent or more of the current total land area is state or federal land.
81.23 Sec. 98. Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to read:
81.24 Subd. 10h. Less than 50 percent area. "Less than 50 percent area" means a county
81.25watershed, or, for purposes of wetland replacement, bank service area with less than 50
81.26percent of the presettlement wetland acreage intact or any county
81.27service area not defined as a "greater than 80 percent area" or "50 to 80 percent area."
81.28 Sec. 99. Minnesota Statutes 2016, section 103G.222, subdivision 1, is amended to read:
81.29 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or
81.30partially, unless replaced by actions that provide at least equal public value under a
82.1replacement plan approved as provided in section 103G.2242, a replacement plan under a
82.2local governmental unit's comprehensive wetland protection and management plan approved
82.3by the board under section 103G.2243, or, if a permit to mine is required under section
82.493.481 , under a mining reclamation plan approved by the commissioner under the permit
82.5to mine. Project-specific wetland replacement plans submitted as part of a project for which
82.6a permit to mine is required and approved by the commissioner on or after July 1, 1991,
82.7may include surplus wetland credits to be allocated by the commissioner to offset future
82.8mining-related wetland impacts under any permits to mine held by the permittee, the operator,
82.9the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant to an
82.10assignment under section 93.481, subdivision 5. For project-specific wetland replacement
82.11completed prior to wetland impacts authorized or conducted under a permit to mine within
82.12the Great Lakes and Rainy River watershed basins, those basins shall be considered a single
82.13watershed for purposes of determining wetland replacement ratios. Mining reclamation
82.14plans shall apply the same principles and standards for replacing wetlands that are applicable
82.15to mitigation plans approved as provided in section 103G.2242. The commissioner must
82.16provide notice of an application for wetland replacement under a permit to mine to the
82.17county in which the impact is proposed and the county in which a mitigation site is proposed.
82.18Public value must be determined in accordance with section 103B.3355 or a comprehensive
82.19wetland protection and management plan established under section 103G.2243. Sections
82.20103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently
82.21flooded areas of types 3, 4, and 5 wetlands.
82.22 (b) Replacement must be guided by the following principles in descending order of
82.24 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
82.26 (2) minimizing the impact by limiting the degree or magnitude of the wetland activity
82.27and its implementation;
82.28 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland
82.30 (4) reducing or eliminating the impact over time by preservation and maintenance
82.31operations during the life of the activity;
82.32 (5) compensating for the impact by restoring a wetland; and
82.33 (6) compensating for the impact by replacing or providing substitute wetland resources
83.1 For a project involving the draining or filling of wetlands in an amount not exceeding
83.210,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
83.3paragraph (a), the local government unit may make an on-site sequencing determination
83.4without a written alternatives analysis from the applicant.
83.5 (c) If a wetland is located in a cultivated field, then replacement must be accomplished
83.6through restoration only without regard to the priority order in paragraph (b), provided that
83.7the altered wetland is not converted to a nonagricultural use for at least ten years.
83.8 (d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241,
83.9subdivision 2 , paragraph (b) or (e), the local government unit may require a deed restriction
83.10that prohibits nonagricultural use for at least ten years. The local government unit may
83.11require the deed restriction if it determines the wetland area drained is at risk of conversion
83.12to a nonagricultural use within ten years based on the zoning classification, proximity to a
83.13municipality or full service road, or other criteria as determined by the local government
83.15 (e) Restoration and replacement of wetlands must be accomplished in accordance with
83.16the ecology of the landscape area affected and ponds that are created primarily to fulfill
83.17storm water management, and water quality treatment requirements may not be used to
83.18satisfy replacement requirements under this chapter unless the design includes pretreatment
83.19of runoff and the pond is functioning as a wetland.
83.20 (f) Except as provided in paragraph (g), for a wetland or public waters wetland located
83.21on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland
83.22for each acre of drained or filled wetland.
83.23 (g) For a wetland or public waters wetland located on agricultural land or in a greater
83.24than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for
83.25each acre of drained or filled wetland.
83.26 (h) Wetlands that are restored or created as a result of an approved replacement plan are
83.27subject to the provisions of this section for any subsequent drainage or filling.
83.28 (i) Except in a greater than 80 percent area, only wetlands that have been restored from
83.29previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
83.30wetlands created by dikes or dams along public or private drainage ditches, or wetlands
83.31created by dikes or dams associated with the restoration of previously drained or filled
83.32wetlands may be used for wetland replacement according to rules adopted under section
83.33103G.2242, subdivision 1 . Modification or conversion of nondegraded naturally occurring
83.34wetlands from one type to another are not eligible for wetland replacement.
84.1 (j) The Technical Evaluation Panel established under section 103G.2242, subdivision
84.22 , shall ensure that sufficient time has occurred for the wetland to develop wetland
84.3characteristics of soils, vegetation, and hydrology before recommending that the wetland
84.4be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
84.5to believe that the wetland characteristics may change substantially, the panel shall postpone
84.6its recommendation until the wetland has stabilized.
84.7 (k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply
84.8to the state and its departments and agencies.
84.9 (l) For projects involving draining or filling of wetlands associated with a new public
84.10transportation project, and for projects expanded solely for additional traffic capacity, public
84.11transportation authorities may purchase credits from the board at the cost to the board to
84.12establish credits. Proceeds from the sale of credits provided under this paragraph are
84.13appropriated to the board for the purposes of this paragraph. For the purposes of this
84.14paragraph, "transportation project" does not include an airport project.
84.15 (m) A replacement plan for wetlands is not required for individual projects that result
84.16in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or
84.17replacement of a currently serviceable existing state, city, county, or town public road
84.18necessary, as determined by the public transportation authority, to meet state or federal
84.19design or safety standards or requirements, excluding new roads or roads expanded solely
84.20for additional traffic capacity lanes. This paragraph only applies to authorities for public
84.21transportation projects that:
84.22 (1) minimize the amount of wetland filling or draining associated with the project and
84.23consider mitigating important site-specific wetland functions on site;
84.24 (2) except as provided in clause (3), submit project-specific reports to the board, the
84.25Technical Evaluation Panel, the commissioner of natural resources, and members of the
84.26public requesting a copy at least 30 days prior to construction that indicate the location,
84.27amount, and type of wetlands to be filled or drained by the project or, alternatively, convene
84.28an annual meeting of the parties required to receive notice to review projects to be
84.29commenced during the upcoming year; and
84.30 (3) for minor and emergency maintenance work impacting less than 10,000 square feet,
84.31submit project-specific reports, within 30 days of commencing the activity, to the board
84.32that indicate the location, amount, and type of wetlands that have been filled or drained.
84.33 Those required to receive notice of public transportation projects may appeal
84.34minimization, delineation, and on-site mitigation decisions made by the public transportation
85.1authority to the board according to the provisions of section 103G.2242, subdivision 9. The
85.2Technical Evaluation Panel shall review minimization and delineation decisions made by
85.3the public transportation authority and provide recommendations regarding on-site mitigation
85.4if requested to do so by the local government unit, a contiguous landowner, or a member
85.5of the Technical Evaluation Panel.
85.6 Except for state public transportation projects, for which the state Department of
85.7Transportation is responsible, the board must replace the wetlands, and wetland areas of
85.8public waters if authorized by the commissioner or a delegated authority, drained or filled
85.9by public transportation projects on existing roads.
85.10 Public transportation authorities at their discretion may deviate from federal and state
85.11design standards on existing road projects when practical and reasonable to avoid wetland
85.12filling or draining, provided that public safety is not unreasonably compromised. The local
85.13road authority and its officers and employees are exempt from liability for any tort claim
85.14for injury to persons or property arising from travel on the highway and related to the
85.15deviation from the design standards for construction or reconstruction under this paragraph.
85.16This paragraph does not preclude an action for damages arising from negligence in
85.17construction or maintenance on a highway.
85.18 (n) If a landowner seeks approval of a replacement plan after the proposed project has
85.19already affected the wetland, the local government unit may require the landowner to replace
85.20the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required.
85.21 (o) A local government unit may request the board to reclassify a county or watershed
85.22on the basis of its percentage of presettlement wetlands remaining. After receipt of
85.23satisfactory documentation from the local government, the board shall change the
85.24classification of a county or watershed. If requested by the local government unit, the board
85.25must assist in developing the documentation. Within 30 days of its action to approve a
85.26change of wetland classifications, the board shall publish a notice of the change in the
85.27Environmental Quality Board Monitor.
85.28 (p) One hundred citizens who reside within the jurisdiction of the local government unit
85.29may request the local government unit to reclassify a county or watershed on the basis of
85.30its percentage of presettlement wetlands remaining. In support of their petition, the citizens
85.31shall provide satisfactory documentation to the local government unit. The local government
85.32unit shall consider the petition and forward the request to the board under paragraph (o) or
85.33provide a reason why the petition is denied.
85.34EFFECTIVE DATE.This section is effective retroactively from July 1, 1991.
86.1 Sec. 100. Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:
86.2 Subd. 3. Wetland replacement siting. (a)
86.3wetlands outside of a greater than 80 percent area must not be replaced in a
86.4than 80 percent area
86.6follow this priority order:
86.8 (2) in the same watershed as the impacted wetland;
86.9 (3) in the same
86.10 (4) in another wetland bank service area.
86.11(b) Notwithstanding paragraph (a), wetland banking credits approved according to a
86.12complete wetland banking application submitted to a local government unit by April 1,
86.131996, may be used to replace wetland impacts resulting from public transportation projects
86.15 (c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement
86.16by wetland banking begins at paragraph (a), clause (3), according to rules adopted under
86.17section 103G.2242, subdivision 1.
86.18 (d) When reasonable, practicable, and environmentally beneficial replacement
86.19opportunities are not available in siting priorities listed in paragraph (a), the applicant may
86.20seek opportunities at the next level.
86.21 (e) For the purposes of this section, "reasonable, practicable, and environmentally
86.22beneficial replacement opportunities" are defined as opportunities that:
86.23 (1) take advantage of naturally occurring hydrogeomorphological conditions and require
86.24minimal landscape alteration;
86.25 (2) have a high likelihood of becoming a functional wetland that will continue in
86.27 (3) do not adversely affect other habitat types or ecological communities that are
86.28important in maintaining the overall biological diversity of the area; and
86.29 (4) are available and capable of being done after taking into consideration cost, existing
86.30technology, and logistics consistent with overall project purposes.
87.1 (f) Regulatory agencies, local government units, and other entities involved in wetland
87.2restoration shall collaborate to identify potential replacement opportunities within their
87.4 (g) The board must establish wetland replacement ratios and wetland bank service area
87.5priorities to implement the siting and targeting of wetland replacement and encourage the
87.6use of high priority areas for wetland replacement.
87.7(h) Wetland replacement sites identified in accordance with the priority order for
87.8replacement siting in paragraph (a) as part of the completion of an adequate environmental
87.9impact statement may be approved for a replacement plan under section 93.481, 103G.2242,
87.10or 103G.2243 without further modification related to the priority order, notwithstanding
87.11availability of new mitigation sites or availability of credits after completion of an adequate
87.12environmental impact statement. Wetland replacement plan applications must be submitted
87.13within one year of the adequacy determination of the environmental impact statement to be
87.14eligible for approval under this paragraph.
87.15 Sec. 101. Minnesota Statutes 2016, section 103G.223, is amended to read:
87.16103G.223 CALCAREOUS FENS.
87.17(a) Calcareous fens, as identified by the commissioner by written order published in the
87.18State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by
87.19any activity, unless the commissioner, under an approved management plan, decides some
87.20alteration is necessary. Identifications made by the commissioner are not subject to the
87.21rulemaking provisions of chapter 14 and section 14.386 does not apply.
87.22(b) Notwithstanding paragraph (a), the commissioner must allow temporary reductions
87.23in groundwater resources on a seasonal basis under an approved management plan for
87.25 Sec. 102. Minnesota Statutes 2016, section 103G.2242, subdivision 1, is amended to read:
87.26 Subdivision 1. Rules. (a) The board, in consultation with the commissioner, shall adopt
87.27rules governing the approval of wetland value replacement plans under this section and
87.28public-waters-work permits affecting public waters wetlands under section 103G.245. These
87.29rules must address the criteria, procedure, timing, and location of acceptable replacement
87.30of wetland values and may address the state establishment and administration of a wetland
87.31banking program for public and private projects, including provisions for an in-lieu fee
87.32program; the administrative, monitoring, and enforcement procedures to be used; and a
88.1procedure for the review and appeal of decisions under this section. In the case of peatlands,
88.2the replacement plan rules must consider the impact on carbon. Any in-lieu fee program
88.3established by the board must conform with Code of Federal Regulations, title 33, section
88.4332.8, as amended.
88.5(b) After the adoption of the rules, a replacement plan must be approved by a resolution
88.6of the governing body of the local government unit, consistent with the provisions of the
88.7rules or a comprehensive wetland protection and management plan approved under section
88.9(c) If the local government unit fails to apply the rules, or fails to implement a local
88.10comprehensive wetland protection and management plan established under section
88.11103G.2243 , the government unit is subject to penalty as determined by the board.
88.12(d) When making a determination under rules adopted pursuant to this subdivision on
88.13whether a rare natural community will be permanently adversely affected, consideration of
88.14measures to mitigate any adverse effect on the community must be considered.
88.15 Sec. 103. Minnesota Statutes 2016, section 103G.2242, subdivision 2, is amended to read:
88.16 Subd. 2. Evaluation. (a) Questions concerning the public value, location, size, or type
88.17of a wetland shall be submitted to and determined by a Technical Evaluation Panel after an
88.18on-site inspection. The Technical Evaluation Panel shall be composed of a technical
88.19professional employee of the board, a technical professional employee of the local soil and
88.20water conservation district or districts, a technical professional with expertise in water
88.21resources management appointed by the local government unit, and a technical professional
88.22employee of the Department of Natural Resources for projects affecting public waters or
88.23wetlands adjacent to public waters. The panel shall use the "United States Army Corps of
88.24Engineers Wetland Delineation Manual" (January 1987), including updates, supplementary
88.25guidance, and replacements, if any, "Wetlands of the United States" (United States Fish and
88.26Wildlife Service Circular 39, 1971 edition), and "Classification of Wetlands and Deepwater
88.27Habitats of the United States" (1979 edition). The panel shall provide the wetland
88.28determination and recommendations on other technical matters to the local government unit
88.29that must approve a replacement plan, sequencing, exemption determination, no-loss
88.30determination, or wetland boundary or type determination and may recommend approval
88.31or denial of the plan. The authority must consider and include the decision of the Technical
88.32Evaluation Panel in their approval or denial of a plan or determination.
88.33(b) A member of the Technical Evaluation Panel that has a financial interest in a wetland
88.34bank or management responsibility to sell or make recommendations in their official capacity
89.1to sell credits from a publicly owned wetland bank must disclose that interest, in writing,
89.2to the Technical Evaluation Panel and the local government unit.
89.4determinations are exempt from the requirements of chapter 326. The board may develop
89.5a professional wetland delineator certification program.
89.7potential wetland replacement sites. The team must consist of members of the Technical
89.8Evaluation Panel and representatives from the Department of Natural Resources; the Pollution
89.9Control Agency; the United States Army Corps of Engineers, St. Paul district; and other
89.10organizations as determined by the board.
89.11 Sec. 104. Minnesota Statutes 2016, section 103G.2372, subdivision 1, is amended to read:
89.12 Subdivision 1. Authority; orders. (a) The commissioner of natural resources,
89.13conservation officers, and peace officers shall enforce laws preserving and protecting
89.14groundwater quantity, wetlands, and public waters. The commissioner of natural resources,
89.15a conservation officer, or a peace officer may issue a cease and desist order to stop any
89.16illegal activity adversely affecting groundwater quantity, a wetland, or public waters.
89.17(b) In the order, or by separate order, the commissioner, conservation officer, or peace
89.18officer may require restoration or replacement of the wetland or public waters, as determined
89.19by the local soil and water conservation district for wetlands and the commissioner of natural
89.20resources for public waters. Restoration or replacement orders may be recorded or filed in
89.21the office of the county recorder or registrar of titles, as appropriate, in the county where
89.22the real property is located by the commissioner of natural resources, conservation officers,
89.23or peace officers as a deed restriction on the property that runs with the land and is binding
89.24on the owners, successors, and assigns until the conditions of the order are met or the order
89.25is rescinded. Notwithstanding section 386.77, the agency shall pay the applicable filing fee
89.26for any document filed under this section.
89.27(c) If a court has ruled that there has not been a violation of the restoration or replacement
89.28order, an order may not be recorded or filed under this section.
89.29(d) If an order was recorded before a court finding that there has not been a violation or
89.30an order was filed before the effective date of this section and the deed restriction would
89.31have been in violation of paragraph (c), the commissioner must remove the deed restriction
89.32if the owner of the property requests the commissioner to remove it. Within 30 days of
89.33receiving the request for removal from the owner, the commissioner must contact, in writing,
90.1the office of the county recorder or registrar of titles where the order is recorded or filed,
90.2along with all applicable fees, and have the order removed. Within 30 days of receiving
90.3notification from the office of the county recorder or registrar of titles that the order has
90.4been removed, the commissioner must inform the owner that the order has been removed
90.5and provide the owner with a copy of any documentation provided by the office of the
90.6county recorder or registrar of titles.
90.7EFFECTIVE DATE.This section is effective the day following final enactment.
90.8 Sec. 105. Minnesota Statutes 2016, section 103G.271, subdivision 1, is amended to read:
90.9 Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state, a
90.10person, partnership, or association, private or public corporation, county, municipality, or
90.11other political subdivision of the state may not appropriate or use waters of the state without
90.12a water-use permit from the commissioner.
90.13(b) This section does not apply to the following water uses:
90.14(1) use for a water supply by less than 25 persons for domestic purposes, except as
90.15required by the commissioner under section 103G.287, subdivision 4, paragraph (b)
90.16(2) nonconsumptive diversion of a surface water of the state from its natural channel for
90.17the production of hydroelectric or hydromechanical power at structures that were in existence
90.18on and before July 1, 1937, including repowering, upgrades, or additions to those facilities;
90.20(3) appropriation or use of storm water collected and used to reduce storm-water runoff
90.21volume, treat storm water, or sustain groundwater supplies when water is extracted from
90.22constructed management facilities for storm water.
90.23(c) The commissioner may issue a state general permit for appropriation of water to a
90.24governmental subdivision or to the general public. The general permit may authorize more
90.25than one project and the appropriation or use of more than one source of water. Water-use
90.26permit processing fees and reports required under subdivision 6 and section 103G.281,
90.27subdivision 3 , are required for each project or water source that is included under a general
90.28permit, except that no fee is required for uses totaling less than 15,000,000 gallons annually.
90.29 Sec. 106. Minnesota Statutes 2016, section 103G.271, subdivision 6, is amended to read:
90.30 Subd. 6. Water-use permit processing fee. (a) Except as described in paragraphs (b)
90.31to (g), a water-use permit processing fee must be prescribed by the commissioner in
90.32accordance with the schedule of fees in this subdivision for each water-use permit in force
91.1at any time during the year. Fees collected under this paragraph are credited to the water
91.2management account in the natural resources fund. The schedule is as follows, with the
91.3stated fee in each clause applied to the total amount appropriated:
91.4 (1) $140 for amounts not exceeding 50,000,000 gallons per year;
91.5 (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
91.6than 100,000,000 gallons per year;
91.7 (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less than
91.8150,000,000 gallons per year;
91.9 (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less
91.10than 200,000,000 gallons per year;
91.11 (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less than
91.12250,000,000 gallons per year;
91.13 (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less
91.14than 300,000,000 gallons per year;
91.15 (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less than
91.16350,000,000 gallons per year;
91.17 (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less
91.18than 400,000,000 gallons per year;
91.19 (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less than
91.20450,000,000 gallons per year;
91.21 (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less
91.22than 500,000,000 gallons per year; and
91.23 (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
91.24 (b) For once-through cooling systems, a water-use processing fee must be prescribed
91.25by the commissioner in accordance with the following schedule of fees for each water-use
91.26permit in force at any time during the year:
91.27 (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
91.28 (2) for all other users, $420 per 1,000,000 gallons.
91.29 (c) The fee is payable based on the amount of water appropriated during the year and,
91.30except as provided in paragraph (f), the minimum fee is $100.
91.31 (d) For water-use processing fees other than once-through cooling systems:
92.1 (1) the fee for a city of the first class may not exceed $250,000 per year;
92.2 (2) the fee for other entities for any permitted use may not exceed:
92.3 (i) $60,000 per year for an entity holding three or fewer permits;
92.4 (ii) $90,000 per year for an entity holding four or five permits; or
92.5 (iii) $300,000 per year for an entity holding more than five permits;
92.6 (3) the fee for agricultural irrigation may not exceed $750 per year;
92.7 (4) the fee for a municipality that furnishes electric service and cogenerates steam for
92.8home heating may not exceed $10,000 for its permit for water use related to the cogeneration
92.9of electricity and steam;
92.10(5) the fee for a facility that temporarily diverts a water of the state from its natural
92.11channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per
92.12year. A permit for such a facility does not count toward the number of permits held by an
92.13entity as described in paragraph (d); and
92.15prevent flood damage or to remove flood waters during a period of flooding, as determined
92.16by the commissioner.
92.17 (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten
92.18percent per month calculated from the original due date must be imposed on the unpaid
92.19balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
92.20may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
92.21governmental agency holding a water appropriation permit.
92.22 (f) The minimum water-use processing fee for a permit issued for irrigation of agricultural
92.23land is $20 for years in which:
92.24 (1) there is no appropriation of water under the permit; or
92.25 (2) the permit is suspended for more than seven consecutive days between May 1 and
92.27(g) The commissioner shall waive the water-use permit fee for installations and projects
92.28that use storm water runoff or where public entities are diverting water to treat a water
92.29quality issue and returning the water to its source without using the water for any other
92.30purpose, unless the commissioner determines that the proposed use adversely affects surface
92.31water or groundwater.
93.1 (h) A surcharge of $30 per million gallons in addition to the fee prescribed in paragraph
93.2(a) shall be applied to the volume of water used in each of the months of June, July, and
93.3August that exceeds the volume of water used in January for municipal water use, irrigation
93.4of golf courses, and landscape irrigation. The surcharge for municipalities with more than
93.5one permit shall be determined based on the total appropriations from all permits that supply
93.6a common distribution system.
93.7 Sec. 107. Minnesota Statutes 2016, section 103G.271, subdivision 6a, is amended to read:
93.8 Subd. 6a. Fees for past unpermitted appropriations. An entity that appropriates water
93.9without a required permit under subdivision 1 must pay the applicable water-use permit
93.10processing fee specified in subdivision 6 for the period during which the unpermitted
93.11appropriation occurred. The fees for unpermitted appropriations are required for the previous
93.12seven calendar years after being notified of the need for a permit. This fee is in addition to
93.13any other fee or penalty assessed. The commissioner may waive payment of fees for past
93.14unpermitted appropriations for a residential system permitted under subdivision 5, paragraph
93.15(b), or for a hydroelectric or hydromechanical facility that temporarily diverts a water of
93.16the state from its natural channel.
93.17 Sec. 108. Minnesota Statutes 2016, section 103G.271, subdivision 7, is amended to read:
93.18 Subd. 7. Transfer of permit. A water-use permit may be transferred to a successive
93.19owner of real property if the permittee conveys the real property where the source of water
93.20is located. The new owner must notify the commissioner immediately after the conveyance
93.21and request transfer of the permit. If notified, the commissioner must transfer the permit to
93.22the successive owner.
93.23 Sec. 109. Minnesota Statutes 2016, section 103G.271, is amended by adding a subdivision
93.25 Subd. 8. Management plans; economic impacts. Before requiring a change to a
93.26management plan for appropriating water, the commissioner must provide estimates of the
93.27economic impact of any new restriction or policy on existing and future groundwater users
93.28in the affected area.
94.1 Sec. 110. Minnesota Statutes 2016, section 103G.287, subdivision 1, is amended to read:
94.2 Subdivision 1. Applications for groundwater appropriations; preliminary well
94.3construction approval. (a) Groundwater use permit applications are not complete until the
94.4applicant has supplied:
94.5(1) a water well record as required by section 103I.205, subdivision 9, information on
94.6the subsurface geologic formations penetrated by the well and the formation or aquifer that
94.7will serve as the water source, and geologic information from test holes drilled to locate the
94.8site of the production well;
94.9(2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested;
94.10(3) information on groundwater quality in terms of the measures of quality commonly
94.11specified for the proposed water use and details on water treatment necessary for the proposed
94.13(4) the results of an aquifer test completed according to specifications approved by the
94.14commissioner. The test must be conducted at the maximum pumping rate requested in the
94.15application and for a length of time adequate to assess or predict impacts to other wells and
94.16surface water and groundwater resources. The permit applicant is responsible for all costs
94.17related to the aquifer test, including the construction of groundwater and surface water
94.18monitoring installations, and water level readings before, during, and after the aquifer test;
94.20(5) the results of any assessments conducted by the commissioner under paragraph (c).
94.21(b) The commissioner may waive an application requirement in this subdivision if the
94.22information provided with the application is adequate to determine whether the proposed
94.23appropriation and use of water is sustainable and will protect ecosystems, water quality,
94.24and the ability of future generations to meet their own needs.
94.25(c) The commissioner shall provide an assessment of a proposed well needing a
94.26groundwater appropriation permit. The commissioner shall evaluate the information submitted
94.27as required under section 103I.205, subdivision 1, paragraph (f), and determine whether the
94.28anticipated appropriation request is likely to meet the applicable requirements of this chapter.
94.29If the appropriation request is likely to meet applicable requirements, the commissioner
94.30shall provide the person submitting the information with a letter providing preliminary
94.31approval to construct the well and the requirements, including test-well information, that
94.32will be needed to obtain the permit.
95.1(d) The commissioner must provide an applicant denied a groundwater use permit or
95.2issued a groundwater use permit that is reduced or restricted from the original request with
95.3all information the commissioner used in making the determination, including hydrographs,
95.4flow tests, aquifer tests, topographic maps, field reports, photographs, and proof of equipment
95.6 Sec. 111. Minnesota Statutes 2016, section 103G.287, subdivision 4, is amended to read:
95.7 Subd. 4. Groundwater management areas. (a) The commissioner may designate
95.8groundwater management areas and limit total annual water appropriations and uses within
95.9a designated area to ensure sustainable use of groundwater that protects ecosystems, water
95.10quality, and the ability of future generations to meet their own needs. Water appropriations
95.11and uses within a designated management area must be consistent with a groundwater
95.12management area plan approved by the commissioner that addresses water conservation
95.13requirements and water allocation priorities established in section 103G.261. At least 30
95.14days prior to implementing or modifying a groundwater management area plan under this
95.15subdivision, the commissioner shall consult with the advisory team established in paragraph
95.17(b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota
95.18Rules, within designated groundwater management areas, the commissioner may require
95.19general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water
95.20users using less than 10,000 gallons per day or 1,000,000 gallons per year and water suppliers
95.21serving less than 25 persons for domestic purposes. The commissioner may waive the
95.22requirements under section 103G.281 for general permits issued under this paragraph, and
95.23the fee specified in section 103G.301, subdivision 2, paragraph (c), does not apply to general
95.24permits issued under this paragraph.
95.25(c) When designating a groundwater management area, the commissioner shall assemble
95.26an advisory team to assist in developing a groundwater management area plan for the area.
95.27The advisory team members shall be selected from public and private entities that have an
95.28interest in the water resources affected by the groundwater management area. A majority
95.29of the advisory team members shall be public and private entities that currently hold water-use
95.30permits for water appropriations from the affected water resources. The commissioner shall
95.31consult with the League of Minnesota Cities, the Association of Minnesota Counties, the
95.32Minnesota Association of Watershed Districts, and the Minnesota Association of Townships
95.33in appointing the local government representatives to the advisory team. The advisory team
95.34may also include representatives from the University of Minnesota, the Minnesota State
96.1Colleges and Universities, other institutions of higher learning in Minnesota, political
96.2subdivisions with jurisdiction over water issues, nonprofits with expertise in water, and
96.4(d) Before making a change under a groundwater management area plan, the
96.5commissioner must provide estimates of the economic effect of any new restriction or policy
96.6on existing and future groundwater users in the affected area.
96.7 Sec. 112. Minnesota Statutes 2016, section 103G.411, is amended to read:
96.8103G.411 STIPULATION OF LOW-WATER MARK.
96.9If the state is a party in a civil action relating to the navigability or ownership of the bed
96.10of a body of water, river, or stream, the commissioner, in behalf of the state,
96.12party to the action on the location of the ordinary low-water mark on the riparian land of
96.13the party. After the stipulation is executed by all parties, it must be presented to the judge
96.14of the district court where the action is pending for approval. If the stipulation is approved,
96.15the judge shall make and enter an order providing that the final judgment when entered shall
96.16conform to the location of the ordinary, low-water mark as provided for in the stipulation
96.17as it relates to the parties to the stipulation.
96.18 Sec. 113. Minnesota Statutes 2016, section 114D.25, is amended by adding a subdivision
96.20 Subd. 6. Impaired waters list; public notice and process. The commissioner of the
96.21Pollution Control Agency must allow at least 60 days for public comment after publishing
96.22the draft impaired waters list required under the federal Clean Water Act. A person may
96.23petition the agency to hold a contested case hearing on the draft impaired waters list. A
96.24valid basis for challenging an impairment determination includes, but is not limited to,
96.25agency reliance on data that do not reflect recent significant infrastructure investments and
96.26documented pollutant reductions.
96.27 Sec. 114. [115.051] REVIEW OF PROPOSED ACTIONS OF THE POLLUTION
96.29 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
96.30(b) "Local government unit" means a statutory or home rule charter city, county, local
96.31public utilities commission, sanitary district, or an organization formed for the joint exercise
96.32of powers under section 471.59.
97.1(c) "Proposed action" means an action that is all of the following:
97.2(1) being considered by the commissioner of the Pollution Control Agency or has been
97.3undertaken by the commissioner but is not yet final;
97.4(2) would, once final, constitute one of the following:
97.5(i) the issuance, amendment, modification, or denial of a water quality standard under
97.6section 115.44, a water-related permit, a total maximum daily load (TMDL) study, or a
97.7watershed restoration and protection strategy (WRAPS); or
97.8(ii) another action or decision undertaken pursuant to the commissioner's authority under
97.9this chapter or chapter 114D that is or would be eligible for a contested case hearing under
97.10chapter 14 or that would constitute rulemaking under that chapter.
97.11(d) "Requisite number" means five or more if the proposed action is rulemaking under
97.12chapter 14. The term means one or more if the proposed action is one that is or would be
97.13eligible for a contested case hearing under chapter 14.
97.14(e) "Review petition" means a written petition of a local government unit adopted by
97.15resolution of the applicable governing body that describes the need for review by an expert
97.16review panel of the scientific basis of a proposed action that potentially affects the petitioner.
97.17(f) "Review proceeding" means a proceeding under chapter 14 of the Office of
97.18Administrative Hearings to review a proposed action.
97.19 Subd. 2. Office of Administrative Hearings review of scientific basis for proposed
97.20action. In any review proceeding, the administrative law judge must examine the
97.21administrative record and, without deference to the commissioner, independently determine
97.22from the record whether:
97.23(1) the proposed action is based on reliable scientific data and analyses, as confirmed
97.24by publicly available peer-reviewed literature;
97.25(2) every test, measurement, or model the commissioner relied on in support of the
97.26proposed action was used by the commissioner for the purpose for which the test,
97.27measurement, or model was designed, consistent with generally accepted and peer-reviewed
97.29(3) the proposed action is consistent with the findings of any applicable external peer
97.30review panel the commissioner convened under section 115.035; and
97.31(4) the proposed action is based on a demonstrated, significant causal relationship between
97.32the parameters of concern and the water-quality objective at issue, not the correlation alone.
98.1When a causal relationship may be confounded by other factors, the reviewing authority
98.2must determine whether the relevance and effect of those factors were assessed to ensure
98.3the predicted causal relationship is valid.
98.4 Subd. 3. Effect of Office of Administrative Hearings finding of inadequate basis for
98.5proposed action. If an administrative law judge determines that any of the conditions set
98.6forth in subdivision 2, clauses (1) to (4), are not satisfied, then:
98.7(1) if the proposed action was a proposed rule, the administrative law judge must find
98.8that the need for or reasonableness of the rule has not been established pursuant to section
98.914.14, subdivision 2; and
98.10(2) if the proposed action was before the Office of Administrative Hearings as part of a
98.11contested case hearing, the administrative law judge must include this finding in the report
98.12required by sections 14.48 to 14.56, which shall constitute the final decision in the case.
98.13 Subd. 4. When independent expert review panel required; composition. The Office
98.14of Administrative Hearings must convene an expert review panel to review the scientific
98.15basis of a proposed action when it receives the requisite number of review petitions and
98.16finds, based on its independent review of the petitions, that the petitions demonstrate the
98.17existence of a material scientific dispute regarding the scientific validity of the commissioner's
98.18proposed action. The Office of Administrative Hearings shall issue an order granting or
98.19denying a petition within 30 days of its receipt of the petition. A review panel must consist
98.20of three independent experts with qualifications in the subject matter of the scientific dispute
98.21who are employed neither by the Pollution Control Agency nor by a petitioner to the
98.22proceeding and who are not directly or indirectly involved with the work conducted or
98.23contracted by the agency. The composition of the panel must be determined as follows:
98.24(1) the commissioner of the Pollution Control Agency must select one expert satisfying
98.25the requirements of this subdivision;
98.26(2) the petitioners must jointly select one expert satisfying the requirements of this
98.28(3) the two experts selected under clauses (1) and (2) must mutually agree to a third
98.29expert satisfying the requirements of this subdivision. If the two experts are unable to agree
98.30on a third expert, the Office of Administrative Hearings must make the appointment.
98.31 Subd. 5. Conduct of independent expert review panel. Upon granting a petition for
98.32independent expert review, the Office of Administrative Hearings must, as soon as practicable
98.33thereafter, issue an order establishing the independent expert review panel, identifying the
99.1independent experts selected pursuant to subdivision 4. This order must include a statement
99.2of the specific scientific issues or questions in dispute to be submitted for review by the
99.3panel. The commissioner and all petitioners must agree on the issues or questions in dispute
99.4to be submitted for review. If they cannot agree on one or more issues or questions, the
99.5Office of Administrative Hearings must determine the issue or questions to be submitted
99.6giving substantial consideration to the questions raised in any petitions it has received. The
99.7panel must review the scientific evidence relevant to those issues or questions as found in
99.8the petitions, the administrative record for the proposed action, and the results of any external
99.9peer review conducted according to section 115.035, in accordance with the guidance in
99.10the United States Environmental Protection Agency's Peer Review Handbook. The panel
99.11must submit a written opinion on the scientific validity of the commissioner's approach that
99.12is in controversy. If the panel finds deficiencies, the panel must recommend how the
99.13deficiencies can be corrected. The written opinion shall become part of the administrative
99.14record and must be submitted to the Office of Administrative Hearings, which shall send a
99.15written copy of the opinion to the commissioner of the Pollution Control Agency, all
99.16petitioners, and the chairs and ranking minority members of the house of representatives
99.17and senate committees having jurisdiction over environment and natural resources policy
99.19 Subd. 6. Status of action pending independent expert panel review. Once the Office
99.20of Administrative Hearings has received the requisite number of review petitions, it must
99.21notify the Pollution Control Agency of this fact and:
99.22(1) the Pollution Control Agency shall not grant or deny a contested case petition filed
99.23by the local government unit on the proposed action that is the subject of a petition or
99.24otherwise proceed towards finalizing the proposed action until the Office of Administrative
99.25Hearings denies the petition for independent expert review, or if the petition is granted, it
99.26has received and considered the written opinion required by subdivision 5; and
99.27(2) the Office of Administrative Hearings shall not conduct the review required by
99.28subdivision 2 until it has received the written opinion required by subdivision 5.
99.29 Subd. 7. Chapter 14 requirements must be followed. Nothing in this section shall be
99.30construed to abrogate or otherwise repeal any of the procedural requirements of chapter 14.
99.31Upon receipt of a written opinion pursuant to subdivision 5, the Pollution Control Agency
99.32and the Office of Administrative Hearings shall make the opinion available to the public
99.33for review and continue to follow all applicable provisions of chapter 14, including public
99.34comment and hearing requirements.
100.1 Subd. 8. Timing of review petition submission. A review petition submitted to the
100.2Office of Administrative Hearings must be submitted within the time period for filing a
100.3contested case petition or prior to the expiration of the public comment period as noticed
100.4in the statement of intent to adopt the rule, as applicable.
100.5 Subd. 9. This section is supplementary. The duties and procedures set forth in this
100.6section are supplementary and applicable to those set forth in section 14.091.
100.7 Sec. 115. [115.542] NOTICE REQUIREMENTS FOR PUBLICLY OWNED
100.8WASTEWATER TREATMENT FACILITIES.
100.9 Subdivision 1. Definitions. For the purpose of this section, the following terms have
100.10the meanings given:
100.11(1) "permit" means a national pollutant discharge elimination system (NPDES) permit
100.12or state disposal system (SDS) permit; and
100.13(2) "permit applicant" means a person or entity submitting an application for a new
100.14permit or renewal, modification, or revocation of an existing permit for a publicly owned
100.15wastewater treatment facility.
100.16 Subd. 2. Applicability. This section applies to all draft permits and permits for publicly
100.17owned wastewater treatment facilities for which the commissioner of the Pollution Control
100.18Agency makes a preliminary determination whether to issue or deny.
100.19 Subd. 3. Notice requirements. The commissioner of the Pollution Control Agency must
100.20provide a permit applicant with a copy of the draft permit and any fact sheets required by
100.21agency rules at least 30 days before the distribution and public notice of the permit application
100.22and preliminary determination.
100.23 Subd. 4. Public comment period. The commissioner must prepare and issue a public
100.24notice of a completed application and the commissioner's preliminary determination as to
100.25whether the permit should be issued or denied. The public comment period must be at least
100.2660 days for permit applications under this section.
100.27 Sec. 116. Minnesota Statutes 2016, section 115B.39, subdivision 2, is amended to read:
100.28 Subd. 2. Definitions. (a) In addition to the definitions in this subdivision, the definitions
100.29in sections 115A.03 and 115B.02 apply to sections 115B.39 to 115B.445, except as
100.30specifically modified in this subdivision.
101.1(b) "Cleanup order" means a consent order between responsible persons and the agency
101.2or an order issued by the United States Environmental Protection Agency under section 106
101.3of the federal Superfund Act.
101.4(c) "Closure" means actions to prevent or minimize the threat to public health and the
101.5environment posed by a mixed municipal solid waste disposal facility that has stopped
101.6accepting waste by controlling the sources of releases or threatened releases at the facility.
101.7"Closure" includes removing contaminated equipment and liners; applying final cover;
101.8grading and seeding final cover; installing wells, borings, and other monitoring devices;
101.9constructing groundwater and surface water diversion structures; and installing gas control
101.10systems and site security systems, as necessary. The commissioner may authorize use of
101.11final cover that includes processed materials that meet the requirements in Code of Federal
101.12Regulations, title 40, section 503.32, paragraph (a).
101.13(d) "Closure upgrade" means construction activity that will, at a minimum, modify an
101.14existing cover so that it satisfies current rule requirements for mixed municipal solid waste
101.15land disposal facilities.
101.16(e) "Contingency action" means organized, planned, or coordinated courses of action to
101.17be followed in case of fire, explosion, or release of solid waste, waste by-products, or
101.18leachate that could threaten human health or the environment.
101.19(f) "Corrective action" means steps taken to repair facility structures including liners,
101.20monitoring wells, separation equipment, covers, and aeration devices and to bring the facility
101.21into compliance with design, construction, groundwater, surface water, and air emission
101.23(g) "Custodial" or "custodial care" means actions taken for the care, maintenance, and
101.24monitoring of closure actions at a mixed municipal solid waste disposal facility after
101.25completion of the postclosure period.
101.26(h) "Decomposition gases" means gases produced by chemical or microbial activity
101.27during the decomposition of solid waste.
101.29at a Minnesota waste disposal site other than a qualified facility prior to 1973.
101.31including corrective action, closure, postclosure care; contingency action; environmental
101.32studies, including remedial investigations and feasibility studies; engineering, including
102.1remedial design; removal; remedial action; site construction; and other similar cleanup-related
102.4(1) costs of environmental response action, not including legal or administrative expenses;
102.6(2) costs required to be paid to the federal government under section 107(a) of the federal
102.7Superfund Act, as amended.
102.8(l) "Priority qualified facility" means a qualified facility that is on the list of priorities
102.9for the federal Comprehensive Environmental Response, Compensation, and Liability Act
102.10and the Minnesota Environmental Response and Liability Act; has received notice under
102.11section 115B.40, subdivision 3; has failed to comply with section 115B.40, subdivision 4;
102.12and has not entered into a binding agreement with the commissioner.
102.14and monitoring of closure actions at a mixed municipal solid waste disposal facility.
102.16described in the most recent agency permit, including adjacent property used for solid waste
102.17disposal that did not occur under a permit from the agency, that:
102.18(1)(i) is or was permitted by the agency;
102.19(ii) stopped accepting solid waste, except demolition debris, for disposal by April 9,
102.21(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that
102.22demolition debris may be accepted until May 1, 1995, at a permitted area where disposal
102.23of demolition debris is allowed, if the area where the demolition debris is deposited is at
102.24least 50 feet from the fill boundary of the area where mixed municipal solid waste was
102.26(2) is or was permitted by the agency
102.27(i) stopped accepting waste by January 1, 2000, except that demolition debris, industrial
102.28waste, and municipal solid waste combustor ash may be accepted until January 1, 2001, at
102.29a permitted area where disposal of such waste is allowed, if the area where the waste is
102.30deposited is at least 50 feet from the fill boundary of the area where mixed municipal solid
102.31waste was deposited; or
103.1(ii) stopped accepting waste by January 1, 2019, and is located in a county that meets
103.2all applicable recycling goals in section 115A.551 and that has arranged for all mixed
103.3municipal solid waste generated in the county to be delivered to and processed by a resource
103.4recovery facility located in the county for at least 20 years; or
103.5(3) is or was permitted by the agency and stopped accepting mixed municipal solid waste
103.6and industrial waste for disposal by January 1, 2009, and for which the postclosure care
103.7period ended on July 26, 2013.
103.8 Sec. 117. Minnesota Statutes 2016, section 115B.40, subdivision 4, is amended to read:
103.9 Subd. 4. Qualified facility not under cleanup order; duties. (a) The owner or operator
103.10of a qualified facility that is not subject to a cleanup order shall:
103.11(1) complete closure activities at the facility, or enter into a binding agreement with the
103.12commissioner to do so, as provided in paragraph (e), within one year from the date the
103.13owner or operator is notified by the commissioner under subdivision 3 of the closure activities
103.14that are necessary to properly close the facility in compliance with facility's permit, closure
103.15orders, or enforcement agreement with the agency, and with the solid waste rules in effect
103.16at the time the facility stopped accepting waste;
103.17(2) undertake or continue postclosure or custodial care at the facility until the date of
103.18notice of compliance under subdivision 7;
103.19(3) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
103.21fund established in section 116.155 any funds required for proof of financial responsibility
103.22under section 116.07, subdivision 4h, that remain after facility closure and any postclosure
103.23care and response action undertaken by the owner or operator at the facility including, if
103.24proof of financial responsibility is provided through a letter of credit or other financial
103.25instrument or mechanism that does not accumulate money in an account, the amount that
103.26would have accumulated had the owner or operator utilized a trust fund, less any amount
103.27used for closure, postclosure care, and response action at the facility;
103.28(4) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
103.30fund established in section 116.155 an amount of cash that is equal to the sum of their
103.31approved current contingency action cost estimate and the present value of their approved
103.32estimated remaining postclosure care costs required for proof of financial responsibility
103.33under section 116.07, subdivision 4h
104.1(5) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
104.2(n), clause (3), transfer to the commissioner of revenue for deposit in the remediation fund
104.3established in section 116.155 an amount of cash that is equal to any funds required for
104.4proof of financial responsibility under section 116.07, subdivision 4h, that remain after
104.5facility closure and any postclosure and custodial care and response action undertaken by
104.6the owner or operator at the facility have been reimbursed.
104.7(b) The owner or operator of a qualified facility that is not subject to a cleanup order
104.9(1) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
104.11general liability insurance policies and other liability policies relating to property damage,
104.12certificates, or other evidence of insurance coverage held during the life of the facility; and
104.13(2) enter into a binding agreement with the commissioner to:
104.14(i) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
104.16payment or defense under insurance policies included in clause (1); cooperate with the
104.17commissioner in asserting claims under the policies; and, within 60 days of a request by
104.18the commissioner, but no earlier than July 1, 1996, assign only those rights under the policies
104.19related to environmental response costs;
104.20(ii) cooperate with the commissioner or other persons acting at the direction of the
104.21commissioner in taking additional environmental response actions necessary to address
104.22releases or threatened releases and to avoid any action that interferes with environmental
104.23response actions, including allowing entry to the property and to the facility's records and
104.24allowing entry and installation of equipment; and
104.25(iii) refrain from developing or altering the use of property described in any permit for
104.26the facility except after consultation with the commissioner and in conformance with any
104.27conditions established by the commissioner for that property, including use restrictions, to
104.28protect public health and welfare and the environment.
104.29(c) The owner or operator of a qualified facility defined in section 115B.39, subdivision
104.302 , paragraph
104.31established for response at the facility, which are available directly or through a financial
104.32instrument or other financial arrangement, for closure or postclosure care at the facility if
104.33funds available for closure or postclosure care are inadequate and shall assign the rights to
104.34any remainder to the commissioner.
105.1(d) The agreement required in paragraph (b), clause (2), must be in writing and must
105.2apply to and be binding upon the successors and assigns of the owner. The owner shall
105.3record the agreement, or a memorandum approved by the commissioner that summarizes
105.4the agreement, with the county recorder or registrar of titles of the county where the property
105.6(e) A binding agreement entered into under paragraph (a), clause (1), may include a
105.7provision that the owner or operator will reimburse the commissioner for the costs of closing
105.8the facility to the standard required in that clause.
105.9 Sec. 118. [115B.406] STATE RESPONSE AT PRIORITY QUALIFIED FACILITIES.
105.10 Subdivision 1. Environmental response action. The agency may take any environmental
105.11response action at a priority qualified facility that the agency deems necessary to protect
105.12the public health or welfare or the environment. Before taking any action, the agency shall
105.13take actions as provided in this section.
105.14 Subd. 2. Request for action to owner or operator of priority qualified facility. The
105.15agency shall request the owner or operator of a priority qualified facility to take actions that
105.16the agency deems reasonable and necessary to protect the public health or welfare or the
105.17environment, stating the reasons for the actions; a reasonable time for beginning and
105.18completing the actions, taking into account the urgency of the actions for protecting the
105.19public health or welfare or the environment; and the intention of the agency to take action
105.20if the requested actions are not taken as requested.
105.21 Subd. 3. Action to compel performance. When the owner or operator of the priority
105.22qualified facility fails to take response actions or make reasonable progress in completing
105.23response actions requested as provided in subdivision 2, the attorney general may bring an
105.24action in the name of the state to compel performance of the requested response actions. If
105.25a person having any right, title, or interest in and to the real property where the facility is
105.26located or where response actions are proposed to be taken is not a person responsible for
105.27the environment, the person may be joined as an indispensable party in an action to compel
105.28performance to ensure that the requested response actions can be taken on that property by
105.29the owner or operator.
105.30 Subd. 4. Determination of failure to act. If the agency determines that the actions
105.31requested under this section will not be taken by the owner or operator of the priority
105.32qualified facility in the manner and within the time requested, the agency may undertake
105.33any environmental response action it deems necessary for the protection of the public health
105.34or welfare or the environment under this section.
106.1 Subd. 5. Civil penalties. Any owner or operator of a priority qualified facility that fails
106.2to take the actions under this section shall forfeit and pay to the state a civil penalty in an
106.3amount to be determined by the court of not more than $20,000 per day for each day that
106.4the owner or operator fails to take reasonable and necessary response actions or to make
106.5reasonable progress in completing response actions requested by the agency. The penalty
106.6provided under this subdivision may be recovered by an action brought by the attorney
106.7general in the name of the state in a separate action in the District Court of Ramsey County.
106.8All penalties recovered under this subdivision must be deposited in the remediation fund.
106.9 Subd. 6. Investigation and testing. The agency may undertake investigations, monitoring,
106.10surveys, testing, and other similar activities necessary or appropriate to identify the existence
106.11and extent of the contamination at the priority qualified facility and the extent of danger.
106.12In addition, the agency may undertake planning, legal, fiscal, economic, engineering,
106.13architectural, and other studies or investigations necessary or appropriate to plan and direct
106.14a response action, to recover the costs of the response action, and to enforce this section.
106.15 Subd. 7. Duty to compel information. Any person who the agency has determined to
106.16have information regarding the priority qualified facility or the owner or operator of the
106.17priority qualified facility must furnish to the agency any information that person may have
106.18or may reasonably obtain that is relevant to the priority qualified facility or the owner or
106.19operator. The agency upon presentation of credentials may examine and copy any books,
106.20papers, records, memoranda, or data of any person who has a duty to provide information
106.21to the agency and may enter upon any property, public or private, to take any action
106.22authorized by this section, including obtaining information from any person who has a duty
106.23to provide the information.
106.24 Subd. 8. Program operations. Upon the owner or operator's failure to act, the agency
106.25shall conduct the program operations under section 115B.412, subdivisions 1 and 2, and
106.26any other environmental response action the agency deems necessary to protect public
106.27health, welfare, and the environment.
106.28 Subd. 9. Recovering expenses. Any reasonable and necessary expenses incurred by the
106.29agency or commissioner under this section, including all response costs and administrative
106.30and legal expenses, may be recovered in a civil action brought by the attorney general against
106.31the owner or operator of the priority qualified facility. The agency's certification of expenses
106.32is prima facie evidence that the expenses are reasonable and necessary. Any expenses
106.33incurred under this section that are recovered by the attorney general under sections 115.071
106.34and 116.072 or any other law, including any award of attorney's fees, must be deposited in
106.35the remediation fund.
107.1 Subd. 10. Environmental response costs; liens. All environmental response costs,
107.2including administrative and legal expenses, incurred by the commissioner at a priority
107.3qualified facility before the date of notice of compliance under section 115B.40, subdivision
107.47, constitute a lien in favor of the state upon any real property located in the state, other
107.5than homestead property, owned by the owner or operator who is subject to the requirements
107.6of section 115B.40, subdivision 4 or 5. A lien under this subdivision attaches when the
107.7environmental response costs are first incurred and continues until the lien is satisfied or
107.8becomes unenforceable as for an environmental lien under section 514.672. Notice, filing,
107.9and release of the lien are governed by sections 514.671 to 514.676, except where those
107.10requirements specifically are related to only cleanup action expenses as defined in section
107.11514.671. Relative priority of a lien under this subdivision is governed by section 514.672,
107.12except that a lien attached to property that was included in any permit for the solid waste
107.13disposal facility takes precedence over all other liens regardless of when the other liens
107.14were or are perfected. Amounts received to satisfy all or a part of a lien must be deposited
107.15in the remediation fund.
107.16EFFECTIVE DATE.This section is effective the day following final enactment.
107.17 Sec. 119. [115B.407] SETTLEMENT AT PRIORITY QUALIFIED FACILITY.
107.18 Subdivision 1. Settlements; general authority. In addition to the general authority
107.19vested in the agency to settle any claims under sections 115B.01 to 115B.18, and 115B.40
107.20to 115B.445, the agency may exercise the settlement authorities provided in subdivisions
107.212 to 5.
107.22 Subd. 2. Settlement agreement. The commissioner must enter into a settlement
107.23agreement with an eligible person under subdivision 3 who requests a settlement, under
107.24which the commissioner settles with the eligible person and indemnifies and holds the
107.25eligible person harmless for:
107.26(1) all legal responsibility, liability, or potential liability for environmental response
107.27costs and natural resources damages related to the qualified facility, including any and all
107.28liability and potential liability for legal and administrative costs and expenses incurred or
107.29to be incurred by the state or federal government or reimbursed by the state or federal
107.31(2) all legal liability or potential liability under the federal Comprehensive Environmental
107.32Response, Compensation, and Liability Act related to the priority qualified facility, including
107.33any and all liability and potential liability for costs incurred by the federal government in
108.1cleaning up the site and legal and administrative costs and expenses incurred or to be incurred
108.2by the state or federal government or reimbursed by the state or federal government; and
108.3(3) all legal liability or potential liability that has been asserted, could have been asserted,
108.4or may be asserted in the future against the eligible person under state or federal law, common
108.5law, or other legal theory related to the qualified facility, including any claim by any person
108.6or entity for contribution regarding any matters to which the indemnity applies.
108.7 Subd. 3. Eligible persons. (a) A person who is not an owner or operator of a priority
108.8qualified facility is eligible to enter into a settlement agreement with the commissioner
108.9provided the person agrees to:
108.10(1) waive all claims for environmental response costs related to the facility against all
108.11persons other than the owner or operator;
108.12(2) provide the commissioner with a copy of all applicable comprehensive general
108.13liability insurance policies and other liability insurance policies relating to property damage,
108.14certificates, or other evidence of insurance coverage held during the life of the facility; and
108.15(3) enter into a binding agreement with the commissioner to take any actions necessary
108.16to preserve the person's rights to payment or defense under insurance policies, cooperate
108.17with the commissioner in asserting the claims under the policies, and assign those rights
108.18under the policies related to environmental response costs.
108.19(b) For purposes of this subdivision, "insurance" has the meaning given in section 60A.02,
108.21 Subd. 4. Recovery for illegal actions. The settlement of eligible persons under this
108.22section does not prevent the commissioner from recovering costs for illegal actions at priority
108.23qualified facilities as provided in section 115B.402.
108.24 Subd. 5. Commissioner's duties. (a) In consideration of the settlor's agreement to enter
108.25into an agreement under this section, the commissioner must not sue or take administrative
108.26action against the settlor, must agree to release the settlor from the liabilities under
108.27subdivision 1, and must indemnify and hold the settlor harmless and defend against all
108.28claims or liability for state or federal environmental response actions at the priority qualified
108.29facility that is the subject of the agreement and claims made by the owner or operator of
108.30the priority qualified facility under state or federal law for payment of response costs and
108.31related costs at the priority qualified facility.
108.32(b) To the extent allowed under applicable law, a person who enters into a settlement
108.33agreement under this section is not liable for claims for contribution regarding matters
109.1addressed in the agreement. As a condition of the agreement, the person must waive the
109.2person's rights to seek contribution for any amounts paid on the person's behalf under the
109.3agreement. This section does not limit the state's ability to seek contribution on the person's
109.5(c) The commissioner, on behalf of the state, shall enter into an agreement with the
109.6United States Environmental Protection Agency to settle all federal claims at a priority
109.7qualified facility to release all nonowner potentially responsible parties, including to not
109.8seek recovery from nonowner potentially responsible parties for costs incurred related to
109.9the priority qualified facility.
109.10EFFECTIVE DATE.This section is effective the day following final enactment.
109.11 Sec. 120. [115B.408] ACQUISITION OF PRIORITY QUALIFIED FACILITY.
109.12 Subdivision 1. Legislative findings. The legislature recognizes the need to protect the
109.13public health and welfare and the environment at priority qualified facilities and that are
109.14not being managed to protect the public health or welfare or the environment. It is in the
109.15public interest to direct the commissioner of the Pollution Control Agency to acquire the
109.16necessary interests in land at the priority qualified facility and to conduct environmental
109.18 Subd. 2. Acquisition. The agency may acquire interests in land by donation or eminent
109.19domain without undue delay, under section 115B.17, subdivision 15, at the priority qualified
109.20facility. Acquisition by condemnation under this section may include fee title acquisition.
109.21After acquiring interests in land, the commissioner must begin the process of protecting the
109.22public health and welfare and the environment through environmental response action
109.23according to sections 115B.39 to 115B.414.
109.24 Subd. 3. Disposition of property acquired for response action. (a) If the commissioner
109.25determines that real or personal property acquired by the agency for response action is no
109.26longer needed for response action purposes, the commissioner may:
109.27(1) transfer the property to the commissioner of administration to be disposed of in the
109.28manner required for other surplus property subject to conditions the commissioner determines
109.29necessary to protect the public health and welfare or the environment or to comply with
109.31(2) transfer the property to another state agency, a political subdivision, or special purpose
110.1(3) if required by federal law, take actions and dispose of the property as required by
110.3(b) If the commissioner determines that real or personal property acquired by the agency
110.4for response action must be operated, maintained, or monitored after completion of other
110.5phases of the response action, the commissioner may transfer ownership of the property to
110.6another state agency, a political subdivision, or special purpose district that agrees to accept
110.7the property. A state agency, political subdivision, or special purpose district is authorized
110.8to accept and implement the terms and conditions of a transfer under this paragraph. The
110.9commissioner may set terms and conditions for the transfer that the commissioner considers
110.10reasonable and necessary to ensure proper operation, maintenance, and monitoring of
110.11response actions, protect the public health and welfare and the environment, and comply
110.12with applicable federal and state laws and regulations. The state agency, political subdivision,
110.13or special purpose district to which the property is transferred is not liable under this chapter
110.14solely as a result of acquiring the property or acting in accordance with the terms and
110.15conditions of the transfer.
110.16(c) If the agency acquires property under this section, the commissioner may lease or
110.17grant an easement in the property to a person during the implementation of response actions
110.18if the lease or easement is compatible with or necessary for response action implementation.
110.19(d) The proceeds of a sale, lease, or other transfer of property under this subdivision by
110.20the commissioner or by the commissioner of administration must be deposited in the
110.21remediation fund. Any share of the proceeds that the agency is required by federal law or
110.22regulation to reimburse to the federal government is appropriated from the account to the
110.23agency for that purpose. Except for section 94.16, subdivision 2, section 94.16 does not
110.24apply to real property sold by the commissioner of administration that was acquired under
110.26EFFECTIVE DATE.This section is effective the day following final enactment.
110.27 Sec. 121. [115B.409] OTHER REMEDIES PRESERVED.
110.28The owner of real property is barred from bringing legal action or using any remedy
110.29available under any other provision of state or federal law, including common law, to recover
110.30for personal injury, disease, economic loss, or response costs arising out of a release of any
110.31hazardous substance or for removal or the costs of removal of that hazardous substance.
110.32Sections 115B.40 to 115B.408 shall not be considered, interpreted, or construed in any way
110.33as reflecting a determination, in whole or in part, of policy regarding the inapplicability of
110.34strict liability or strict liability doctrines under any other state or federal law, including
111.1common law, to activities past, present, or future, by the owner of real property relating to
111.2hazardous substances or pollutants or contaminants, or other similar activities.
111.3 Sec. 122. [115B.4091] DEPOSIT OF PROCEEDS.
111.4All amounts paid to the state under sections 115B.406 to 115B.409 must be deposited
111.5in the state treasury and credited equally to the remediation fund and the closed landfill
111.7EFFECTIVE DATE.This section is effective the day following final enactment.
111.8 Sec. 123. Minnesota Statutes 2016, section 115C.021, subdivision 1, is amended to read:
111.9 Subdivision 1. General rule. Except as provided in subdivisions 2 to
111.10responsible for a release from a tank if the person is an owner or operator of the tank at any
111.11time during or after the release.
111.12 Sec. 124. Minnesota Statutes 2016, section 115C.021, is amended by adding a subdivision
111.14 Subd. 5. Heating fuel oil vendor. A heating fuel oil vendor is not a responsible person
111.15for a heating fuel oil release at a residential location if the release was caused solely by the
111.16failure of a tank owned by the homeowner.
111.17 Sec. 125. Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read:
111.18 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and
111.19resource management permits be issued or denied within 90 days for Tier 1 permits or 150
111.20days for Tier 2 permits following submission of a permit application. The commissioner of
111.21the Pollution Control Agency shall establish management systems designed to achieve the
111.22goal. For the purposes of this section, "Tier 1 permits" are permits that do not require
111.23individualized actions or public comment periods, and "Tier 2 permits" are permits that
111.24require individualized actions or public comment periods.
111.25(b) The commissioner shall prepare an annual permitting efficiency report that includes
111.26statistics on meeting the goal in paragraph (a) and the criteria for
111.27categories. The report is due August 1 each year. For permit applications that have not met
111.28the goal, the report must state the reasons for not meeting the goal. In stating the reasons
111.29for not meeting the goal, the commissioner shall separately identify delays caused by the
111.30responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the
111.31level of public engagement. The report must specify the number of days from initial
112.1submission of the application to the day of determination that the application is complete.
112.2The report must aggregate the data for the year and assess whether program or system
112.3changes are necessary to achieve the goal. The report must be posted on the agency's Web
112.4site and submitted to the governor and the chairs and ranking minority members of the house
112.5of representatives and senate committees having jurisdiction over environment policy and
112.7(c) The commissioner shall allow electronic submission of environmental review and
112.8permit documents to the agency.
112.10to paragraph (a), the commissioner of the Pollution Control Agency shall notify the
112.12the commissioner determines that an application is incomplete, the notice to the applicant
112.13must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
112.14and advise the applicant on how the deficiencies can be remedied. If the commissioner
112.15determines that the application is complete, the notice must confirm the application's Tier
112.161 or Tier 2 permit status and, upon request of the permit applicant of an individual Tier 2
112.17permit, provide the permit applicant with a schedule for reviewing the permit application.
112.18This paragraph does not apply to an application for a permit that is subject to a grant or loan
112.19agreement under chapter 446A.
112.20(e) For purposes of this subdivision, "permit professional" means an individual not
112.21employed by the Pollution Control Agency who:
112.22(1) has a professional license issued by the state of Minnesota in the subject area of the
112.24(2) has at least ten years of experience in the subject area of the permit; and
112.25(3) abides by the duty of candor applicable to employees of the Pollution Control Agency
112.26under agency rules and complies with all applicable requirements under chapter 326.
112.27(f) Upon the agency's request, an applicant relying on a permit professional must
112.28participate in a meeting with the agency before submitting an application:
112.29(1) at least two weeks prior to the preapplication meeting, the applicant must submit at
112.30least the following:
112.31(i) project description, including, but not limited to, scope of work, primary emissions
112.32points, discharge outfalls, and water intake points;
112.33(ii) location of the project, including county, municipality, and location on the site;
113.1(iii) business schedule for project completion; and
113.2(iv) other information requested by the agency at least four weeks prior to the scheduled
113.4 (2) during the preapplication meeting, the agency shall provide for the applicant at least
113.6(i) an overview of the permit review program;
113.7(ii) a determination of which specific application or applications will be necessary to
113.8complete the project;
113.9(iii) a statement notifying the applicant if the specific permit being sought requires a
113.10mandatory public hearing or comment period;
113.11(iv) a review of the timetable established in the permit review program for the specific
113.12permit being sought; and
113.13(v) a determination of what information must be included in the application, including
113.14a description of any required modeling or testing.
113.15(g) The applicant may select a permit professional to undertake the preparation of the
113.16permit application and draft permit.
113.17(h) If a preapplication meeting was held, the agency shall, within seven business days
113.18of receipt of an application, notify the applicant and submitting permit professional that the
113.19application is complete or is denied, specifying the deficiencies of the application.
113.20(i) Upon receipt of notice that the application is complete, the permit professional shall
113.21submit to the agency a timetable for submitting a draft permit. The permit professional shall
113.22submit a draft permit on or before the date provided in the timetable. Within 60 days after
113.23the close of the public comment period, the commissioner shall notify the applicant whether
113.24the permit can be issued.
113.25(j) Nothing in this section shall be construed to modify:
113.26(1) any requirement of law that is necessary to retain federal delegation to or assumption
113.27by the state; or
113.28(2) the authority to implement a federal law or program.
113.29(k) The permit application and draft permit shall identify or include as an appendix all
113.30studies and other sources of information used to substantiate the analysis contained in the
113.31permit application and draft permit. The commissioner shall request additional studies, if
114.1needed, and the
114.2information necessary for the commissioner to perform the commissioner's responsibility
114.3to review, modify, and determine the completeness of the application and approve the draft
114.5 Sec. 126. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision
114.7 Subd. 7. Draft permits; public notice. When public notice of a draft individual Tier 2
114.8permit is required, the commissioner must issue the notice with the draft permit within 150
114.9days of receiving a completed permit application unless the permit applicant and the
114.10commissioner mutually agree to a different date. Upon request of the permit applicant, the
114.11commissioner must provide a copy of the draft permit to the permit applicant and consider
114.12comments on the draft permit from the permit applicant before issuing the public notice.
114.13 Sec. 127. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision
114.15 Subd. 8. Clean Air Act settlement money. "Clean Air Act settlement money" means
114.16money required to be paid to the state as a result of litigation or settlements of alleged
114.17violations of the federal Clean Air Act, United States Code, title 42, section 7401 et seq.,
114.18or rules adopted thereunder, by an automobile manufacturer. The commissioner of
114.19management and budget must establish the Clean Air Act settlement account in the
114.20environmental fund. Notwithstanding sections 16A.013 to 16A.016, the commissioner of
114.21management and budget must deposit Clean Air Act settlement money into the Clean Air
114.22Act settlement account. Clean Air Act settlement money must not be spent until it is
114.23specifically appropriated by law. The commissioner of management and budget must
114.24eliminate the Clean Air Act settlement account in the environmental fund after all Clean
114.25Air Act settlement money has been expended.
114.26 Sec. 128. Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read:
114.27 Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater
114.28than those necessary to cover the reasonable costs of developing, reviewing, and acting
114.29upon applications for agency permits and implementing and enforcing the conditions of the
114.30permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The
114.31fee schedule must reflect reasonable and routine direct and indirect costs associated with
114.32permitting, implementation, and enforcement. The agency may impose an additional
114.33enforcement fee to be collected for a period of up to two years to cover the reasonable costs
115.1of implementing and enforcing the conditions of a permit under the rules of the agency.
115.2Any money collected under this paragraph shall be deposited in the environmental fund.
115.3(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner
115.4or operator of all stationary sources, emission facilities, emissions units, air contaminant
115.5treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage
115.6facilities subject to a notification, permit, or license requirement under this chapter,
115.7subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401
115.8et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and
115.9indirect reasonable costs, including legal costs, required to develop and administer the
115.10notification, permit, or license program requirements of this chapter, subchapters I and V
115.11of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules
115.12adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon
115.13an application for a permit; implementing and enforcing statutes, rules, and the terms and
115.14conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally
115.15applicable regulations; responding to federal guidance; modeling, analyses, and
115.16demonstrations; preparing inventories and tracking emissions; and providing information
115.17to the public about these activities.
115.18(c) The agency shall set fees that:
115.19(1) will result in the collection, in the aggregate, from the sources listed in paragraph
115.20(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
115.21regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of
115.22the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national
115.23primary ambient air quality standard has been promulgated;
115.24(2) may result in the collection, in the aggregate, from the sources listed in paragraph
115.25(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
115.26regulated under this chapter or air quality rules adopted under this chapter; and
115.27(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount
115.28needed to match grant funds received by the state under United States Code, title 42, section
115.297405 (section 105 of the federal Clean Air Act).
115.30The agency must not include in the calculation of the aggregate amount to be collected
115.31under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
115.32from a source. The increase in air permit fees to match federal grant funds shall be a surcharge
115.33on existing fees. The commissioner may not collect the surcharge after the grant funds
116.1become unavailable. In addition, the commissioner shall use nonfee funds to the extent
116.2practical to match the grant funds so that the fee surcharge is minimized.
116.3(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
116.4in the rules promulgated under paragraph (c) for an increase in the fee collected in each
116.5year by the percentage, if any, by which the Consumer Price Index for the most recent
116.6calendar year ending before the beginning of the year the fee is collected exceeds the
116.7Consumer Price Index for the calendar year 1989. For purposes of this paragraph the
116.8Consumer Price Index for any calendar year is the average of the Consumer Price Index for
116.9all-urban consumers published by the United States Department of Labor, as of the close
116.10of the 12-month period ending on August 31 of each calendar year. The revision of the
116.11Consumer Price Index that is most consistent with the Consumer Price Index for calendar
116.12year 1989 shall be used.
116.13(e) Any money collected under paragraphs (b) to (d) must be deposited in the
116.14environmental fund and must be used solely for the activities listed in paragraph (b).
116.15(f) Permit applicants who wish to construct, reconstruct, or modify a
116.16offer to reimburse the agency for the reasonable costs
116.17needed to expedite the preapplication process and permit development process through the
116.18final decision on the permit, including the analysis of environmental review documents.
116.19The reimbursement shall be in addition to permit application fees imposed by law. When
116.20the agency determines that it needs additional resources to develop the permit application
116.21in an expedited manner, and that expediting the development is consistent with permitting
116.22program priorities, the agency may accept the reimbursement. The commissioner must give
116.23the applicant an estimate of costs to be incurred by the commissioner. The estimate must
116.24include a brief description of the tasks to be performed, a schedule for completing the tasks,
116.25and the estimated cost for each task. The applicant and the commissioner must enter into a
116.26written agreement detailing the estimated costs for the expedited permit decision-making
116.27process to be incurred by the agency and any recourse available to the applicant if the agency
116.28fails to meet the schedule. The agreement must also identify staff anticipated to be assigned
116.29to the project and describe the commissioner's commitment to make assigned staff available
116.30for the project until the permit decision is made. The commissioner must not issue a permit
116.31until the applicant has paid all fees in full. The commissioner must refund any unobligated
116.32balance of fees paid. Reimbursements accepted by the agency are appropriated to the agency
116.33for the purpose of developing the permit or analyzing environmental review documents.
116.34Reimbursement by a permit applicant shall precede and not be contingent upon issuance of
116.35a permit; shall not affect the agency's decision on whether to issue or deny a permit, what
117.1conditions are included in a permit, or the application of state and federal statutes and rules
117.2governing permit determinations; and shall not affect final decisions regarding environmental
117.4(g) The fees under this subdivision are exempt from section 16A.1285.
117.5 Sec. 129. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision
117.7 Subd. 13. Irrevocability, suspensions, or expiration of permits; environmental
117.8review. (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to
117.9appropriate money to the commissioner of the Pollution Control Agency for environmental
117.10review and permitting activities of the agency:
117.11(1) a permit granted by the commissioner may not be terminated or suspended for the
117.12term of the permit nor shall it expire without the consent of the permittee, except for breach
117.13or nonperformance of any condition of the permit by the permittee that is an imminent threat
117.14to impair or destroy the environment or injure the health, safety, or welfare of the citizens
117.15of the state; and
117.16(2) environmental review and permit application work on environmental review and
117.17permits filed before July 1 of that year must not be suspended or terminated.
117.18(b) Paragraph (a), clause (1), applies until legislation appropriating money to the
117.19commissioner for the environmental review and permitting activities is enacted.
117.20 Sec. 130. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision
117.22 Subd. 14. Unadopted rules. The commissioner of the Pollution Control Agency must
117.23not seek to implement in a permit or enforce a penalty based upon an agency policy,
117.24guideline, bulletin, criterion, manual standard, interpretive statement, or similar
117.25pronouncement if the policy, guideline, bulletin, criterion, manual standard, interpretive
117.26standard, or pronouncement has not been adopted under the rulemaking process under
117.27chapter 14. In any proceeding under section 14.381, the commissioner has the burden of
117.28proving the action is not prohibited.
118.1 Sec. 131. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision
118.3 Subd. 15. Limitation regarding certain policies, guidelines, and other interpretive
118.4statements. (a) The commissioner of the Pollution Control Agency must not seek to
118.5implement or enforce against any person a policy, guideline, or other interpretive statement
118.6that meets the definition of a rule under section 14.02, subdivision 4, if the policy, guideline,
118.7or other interpretive statement has not been adopted as a rule according to chapter 14. In
118.8any proceeding under chapter 14 challenging agency action prohibited by this subdivision,
118.9the reviewing authority must independently and without deference to the agency determine
118.10whether the agency violated this subdivision. The agency must overcome the presumption
118.11that the agency action may not be enforced as a rule.
118.12(b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion,
118.13manual standard, interpretive statement, or similar pronouncement into a statute, rule, or
118.14standard, the commissioner must follow the rulemaking process provided under chapter 14
118.15to amend or revise the guideline, bulletin, criterion, manual standard, interpretive statement,
118.16or similar pronouncement.
118.17 Sec. 132. Minnesota Statutes 2016, section 116.0714, is amended to read:
118.18116.0714 NEW OPEN AIR SWINE BASINS.
118.19 The commissioner of the Pollution Control Agency or a county board shall not approve
118.20any permits for the construction of new open air swine basins, except that existing facilities
118.21may use one basin of less than 1,000,000 gallons as part of a permitted waste treatment
118.22program for resolving pollution problems or to allow conversion of an existing basin of less
118.23than 1,000,000 gallons to a different animal type, provided all standards are met. This section
118.24expires June 30,
118.25EFFECTIVE DATE.This section is effective the day following final enactment.
118.26 Sec. 133. [116.083] PROPANE SCHOOL BUS REBATE PROGRAM.
118.27 Subdivision 1. Definitions. For the purposes of this section, the following terms have
118.28the meanings given:
118.29(1) "propane school bus" means a school bus fueled by propane and used by a school
118.30or under contract with the school to transport pupils to or from a school or to or from
118.32(2) "school" means a Minnesota school district or Minnesota charter school; and
119.1(3) "school bus" means a type A, B, C, or D school bus under section 169.011, subdivision
119.3 Subd. 2. Rebate eligibility. (a) Schools that purchase a propane school bus are eligible
119.4for a rebate under this section. A school that contracts for pupil transportation may apply
119.5for a rebate on behalf of the school bus contractor.
119.6(b) Propane school buses must be registered and licensed in Minnesota.
119.7(c) The cost of an original equipment manufacturer propane school bus purchased is
119.8eligible for a rebate under this section.
119.9 Subd. 3. Rebate amounts. Rebates under this section may be issued for no more than
119.1025 percent of the cost of a propane school bus, not to exceed $25,000.
119.11 Subd. 4. Maximum rebate allowed. A school may receive no more than five propane
119.12school bus rebates per year.
119.13 Subd. 5. Funding. $1,500,000 is annually appropriated from the Clean Air Act settlement
119.14account in the environmental fund to the agency for grants under this section. The grants
119.15must be awarded through a request for proposal process established by the commissioner
119.16and must comply with the litigation or settlement order providing receipts to the account.
119.17 Sec. 134. Minnesota Statutes 2016, section 116C.03, subdivision 2, is amended to read:
119.18 Subd. 2. Membership. The members of the board are the commissioner of administration,
119.19the commissioner of commerce, the commissioner of the Pollution Control Agency, the
119.20commissioner of natural resources, the commissioner of agriculture, the commissioner of
119.21health, the commissioner of employment and economic development, the commissioner of
119.22transportation, and the chair of the Board of Water and Soil Resources
119.24members from the general public to the board, one from each congressional district, subject
119.25to the advice and consent of the senate.
119.26knowledge of and be conversant in
119.27review or permitting. Notwithstanding the provisions of section 15.06, subdivision 6,
119.28members of the board may not delegate their powers and responsibilities as board members
119.29to any other person.
119.30 Sec. 135. Minnesota Statutes 2016, section 116C.04, subdivision 2, is amended to read:
119.31 Subd. 2. Jurisdiction.
120.10permits by state agencies and may resolve conflicts involving state agencies with regard to
120.11programs, rules, permits and procedures significantly affecting the environment, provided
120.12that such resolution of conflicts is consistent with state environmental policy.
120.16 Sec. 136. Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:
120.17 Subd. 2a. When prepared. (a) Where there is potential for significant environmental
120.18effects resulting from any major governmental action, the action shall be preceded by a
120.19detailed environmental impact statement prepared by the responsible governmental unit.
120.20The environmental impact statement shall be an analytical rather than an encyclopedic
120.21document which describes the proposed action in detail, analyzes its significant environmental
120.22impacts, discusses appropriate alternatives to the proposed action and their impacts, and
120.23explores methods by which adverse environmental impacts of an action could be mitigated.
120.24The environmental impact statement shall also analyze those economic, employment, and
120.25sociological effects that cannot be avoided should the action be implemented. To ensure its
120.26use in the decision-making process, the environmental impact statement shall be prepared
120.27as early as practical in the formulation of an action.
120.29impact statements and for which environmental assessment worksheets shall be prepared
120.30as well as categories of actions for which no environmental review is required under this
120.31section. A mandatory environmental assessment worksheet
120.32expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b),
120.33or the conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol
120.34facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded
121.1or converted facility to produce alcohol fuel, but must be required if the ethanol plant or
121.2biobutanol facility meets or exceeds thresholds of other categories of actions for which
121.3environmental assessment worksheets must be prepared. The responsible governmental unit
121.4for an ethanol plant or biobutanol facility project for which an environmental assessment
121.5worksheet is prepared
121.6supervising or approving the project as a whole.
121.7(c) A mandatory environmental impact statement
121.8or plant located outside the seven-county metropolitan area that produces less than
121.9125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less
121.10than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
121.11defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined
121.12in section 41A.15, subdivision 2d; or a cellulosic biofuel facility. A facility or plant that
121.13only uses a cellulosic feedstock to produce chemical products for use by another facility as
121.15under this chapter.
121.17of an environmental assessment worksheet by publishing the notice in at least one newspaper
121.18of general circulation in the geographic area where the project is proposed, by posting the
121.19notice on a Web site that has been designated as the official publication site for publication
121.20of proceedings, public notices, and summaries of a political subdivision in which the project
121.21is proposed, or in any other manner determined by the board and shall provide copies of
121.22the environmental assessment worksheet to the board and its member agencies. Comments
121.23on the need for an environmental impact statement may be submitted to the responsible
121.24governmental unit during a 30-day period following publication of the notice that an
121.25environmental assessment worksheet has been completed. The responsible governmental
121.26unit's decision on the need for an environmental impact statement shall be based on the
121.27environmental assessment worksheet and the comments received during the comment period,
121.28and shall be made within 15 days after the close of the comment period. The board's chair
121.29may extend the 15-day period by not more than 15 additional days upon the request of the
121.30responsible governmental unit.
121.32action whenever material evidence accompanying a petition by not less than 100 individuals
121.33who reside or own property in the state, submitted before the proposed project has received
121.34final approval by the appropriate governmental units, demonstrates that, because of the
121.35nature or location of a proposed action, there may be potential for significant environmental
122.1effects. Petitions requesting the preparation of an environmental assessment worksheet shall
122.2be submitted to the board. The chair of the board shall determine the appropriate responsible
122.3governmental unit and forward the petition to it. A decision on the need for an environmental
122.4assessment worksheet shall be made by the responsible governmental unit within 15 days
122.5after the petition is received by the responsible governmental unit. The board's chair may
122.6extend the 15-day period by not more than 15 additional days upon request of the responsible
122.94410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
122.10review under this chapter and rules of the board, if:
122.11 (1) the proposed action is:
122.12 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
122.13 (ii) an expansion of an existing animal feedlot facility with a total cumulative capacity
122.14of less than 1,000 animal units;
122.15 (2) the application for the animal feedlot facility includes a written commitment by the
122.16proposer to design, construct, and operate the facility in full compliance with Pollution
122.17Control Agency feedlot rules; and
122.18 (3) the county board holds a public meeting for citizen input at least ten business days
122.20animal feedlot facility unless another public meeting for citizen input has been held with
122.21regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition
122.22to other exemptions provided under other law and rules of the board.
122.24preparation of an environmental assessment worksheet by a responsible governmental unit
122.25selected by the board for any action where environmental review under this section has not
122.26been specifically provided for by rule or otherwise initiated.
122.28impact statement to a discussion of those impacts
122.29location of the project, have the potential for significant environmental effects. The same
122.30process shall be utilized to determine the form, content, and level of detail of the statement
122.31as well as the alternatives
122.32addition, the permits
122.33during the scoping process. Further, the process shall identify those permits for which
123.1information will be developed concurrently with the environmental impact statement. The
123.2board shall provide in its rules for the expeditious completion of the scoping process. The
123.3determinations reached in the process shall be incorporated into the order requiring the
123.4preparation of an environmental impact statement.
123.6and ensure coordination between state and federal environmental review and between
123.7environmental review and environmental permitting. Whenever practical, information
123.8needed by a governmental unit for making final decisions on permits or other actions required
123.9for a proposed project shall be developed in conjunction with the preparation of an
123.10environmental impact statement. When an environmental impact statement is prepared for
123.11a project requiring multiple permits for which two or more agencies' decision processes
123.12include either mandatory or discretionary hearings before a hearing officer
123.13the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to
123.14the contrary, conduct the hearings in a single consolidated hearing process if requested by
123.15the proposer. All agencies having jurisdiction over a permit that is included in the
123.16consolidated hearing shall participate. The responsible governmental unit shall establish
123.17appropriate procedures for the consolidated hearing process, including procedures to ensure
123.18that the consolidated hearing process is consistent with the applicable requirements for each
123.19permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest
123.20applicable hearing procedure to initiate the hearing. All agencies having jurisdiction over
123.21a permit identified in the draft environmental impact statement must accept and begin
123.22reviewing any permit application upon publication of the notice of preparation of the
123.23environmental impact statement.
123.25within 280 days after notice of its preparation unless the time is extended by consent of the
123.26parties or by the governor for good cause. The responsible governmental unit shall determine
123.27the adequacy of an environmental impact statement, unless within 60 days after notice is
123.28published that an environmental impact statement will be prepared, the board chooses to
123.29determine the adequacy of an environmental impact statement. If an environmental impact
123.30statement is found to be inadequate, the responsible governmental unit shall have 60 days
123.31to prepare an adequate environmental impact statement.
123.33responsible governmental unit a preliminary draft environmental impact statement under
123.34this section on that action for review, modification, and determination of completeness and
123.35adequacy by the responsible governmental unit. A preliminary draft environmental impact
124.1statement prepared by the project proposer and submitted to the responsible governmental
124.2unit shall identify or include as an appendix all studies and other sources of information
124.3used to substantiate the analysis contained in the preliminary draft environmental impact
124.4statement. The responsible governmental unit shall require additional studies, if needed,
124.5and obtain from the project proposer all additional studies and information necessary for
124.6the responsible governmental unit to perform its responsibility to review, modify, and
124.7determine the completeness and adequacy of the environmental impact statement.
124.8 Sec. 137. Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read:
124.9 Subd. 10. Review. A person aggrieved by a final decision on the need for an
124.10environmental assessment worksheet, the need for an environmental impact statement, or
124.11the adequacy of an environmental impact statement is entitled to judicial review of the
124.12decision under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved
124.13person for judicial review under sections 14.63 to 14.68 must be filed with the Court of
124.14Appeals and served on the responsible governmental unit not more than
124.16notice of the decision as required by law. Proceedings for review under this section must
124.17be instituted by serving a petition for a writ of certiorari personally or by certified mail upon
124.18the responsible governmental unit and by promptly filing the proof of service in the Office
124.19of the Clerk of the Appellate Courts and the matter will proceed in the manner provided by
124.20the Rules of Civil Appellate Procedure. A copy of the petition must be provided to the
124.21attorney general at the time of service. Copies of the writ must be served, personally or by
124.22certified mail, upon the responsible governmental unit and the project proposer. The filing
124.23of the writ of certiorari does not stay the enforcement of any other governmental action,
124.24provided that the responsible governmental unit may stay enforcement or the Court of
124.25Appeals may order a stay upon terms it deems proper. A bond may be required under section
124.26562.02 unless at the time of hearing on the application for the bond the petitioner-relator
124.27has shown that the claim is likely to succeed on the merits. The board may initiate judicial
124.28review of decisions referred to herein and the board or a project proposer may intervene as
124.29of right in any proceeding brought under this subdivision.
124.30 Sec. 138. Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:
124.31 Subdivision 1. Assessment. The board
124.32(1) assess the proposer of a specific action for the responsible governmental unit's
124.33reasonable costs of preparing, reviewing, and distributing the environmental impact statement.
125.2to the rules
125.3(2) authorize a proposer of a specific action to prepare a draft environmental impact
125.4statement for that action for submission to and review, modification, and determination of
125.5completeness and adequacy by the responsible governmental unit.
125.6 Sec. 139. Minnesota Statutes 2016, section 160.06, is amended to read:
125.7160.06 TRAIL OR PORTAGE DEDICATION.
125.8Any trail or portage between public or navigable bodies of water or from public or
125.9navigable water to a public highway in this state
125.10uninterrupted use by the general public for 15 years or more as a trail or portage for the
125.11purposes of travel,
125.12portage. This section
125.13canoe routes and the public
125.14to the same extent as public highways. The width of all trails and portages dedicated by
125.16 Sec. 140. Minnesota Statutes 2016, section 168.1295, subdivision 1, is amended to read:
125.17 Subdivision 1. General requirements and procedures. (a) The commissioner shall
125.18issue state parks and trails plates to an applicant who:
125.19(1) is a registered owner of a passenger automobile, recreational vehicle, one ton pickup
125.20truck, or motorcycle;
125.21(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
125.22(3) pays the registration tax required under section 168.013;
125.23(4) pays the fees required under this chapter;
125.24(5) contributes a minimum of
125.25account established in section 85.056; and
125.26(6) complies with this chapter and rules governing registration of motor vehicles and
125.27licensing of drivers.
125.28(b) The state parks and trails plate application must indicate that the contribution specified
125.29under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the
125.30applicant may make an additional contribution to the account.
126.1(c) State parks and trails plates may be personalized according to section 168.12,
126.3 Sec. 141. Minnesota Statutes 2016, section 282.018, subdivision 1, is amended to read:
126.4 Subdivision 1. Land on or adjacent to public waters. (a) All land which is the property
126.5of the state as a result of forfeiture to the state for nonpayment of taxes, regardless of whether
126.6the land is held in trust for taxing districts, and which borders on or is adjacent to meandered
126.7lakes and other public waters and watercourses, and the live timber growing or being thereon,
126.8is hereby withdrawn from sale except as hereinafter provided. The authority having
126.9jurisdiction over the timber on any
126.10provided by law for cutting and removal under
126.11prescribe in accordance with approved, sustained yield forestry practices. The authority
126.12having jurisdiction over the timber shall reserve
126.13conditions as the authority deems necessary for the protection of watersheds, wildlife habitat,
126.14shorelines, and scenic features. Within the area in Cook, Lake, and St. Louis counties
126.15described in the Act of Congress approved July 10, 1930 (46 Stat. 1020), the timber on
126.16tax-forfeited lands shall be subject to like restrictions as are now imposed by that act on
126.18(b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other public
126.19waters and watercourses and so withdrawn from sale, a strip two rods in width, the ordinary
126.20high-water mark being the waterside boundary thereof, and the land side boundary thereof
126.21being a line drawn parallel to the ordinary high-water mark and two rods distant landward
126.22therefrom, hereby is reserved for public travel thereon, and whatever the conformation of
126.23the shore line or conditions require, the authority having jurisdiction over
126.24shall reserve a wider strip for
126.25(c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold by
126.26the authority having jurisdiction over the land, in the manner otherwise provided by law
126.27for the sale of
126.28do so. Any tract or parcel of land within a plat of record bordering on or adjacent to
126.29meandered lakes and other public waters and watercourses may be sold by the authority
126.30having jurisdiction over the land, in the manner otherwise provided by law for the sale of
126.31the lands, if the authority determines that it is in the public interest to do so. If the authority
126.32having jurisdiction over the land is not the commissioner of natural resources, the land may
126.33not be offered for sale without the prior approval of the commissioner of natural resources.
127.1(d) Where the authority having jurisdiction over lands withdrawn from sale under this
127.2section is not the commissioner of natural resources, the authority may submit proposals
127.3for disposition of the lands to the commissioner. The commissioner of natural resources
127.4shall evaluate the lands and their public benefits and make recommendations on the proposed
127.5dispositions to the committees of the legislature with jurisdiction over natural resources.
127.6The commissioner shall include any recommendations of the commissioner for disposition
127.7of lands withdrawn from sale under this section over which the commissioner has jurisdiction.
127.8The commissioner's recommendations may include a public sale, sale to a private party,
127.9acquisition by the Department of Natural Resources for public purposes, or a cooperative
127.10management agreement with, or transfer to, another unit of government.
127.11 Sec. 142. Minnesota Statutes 2016, section 282.04, subdivision 1, is amended to read:
127.12 Subdivision 1. Timber sales; land leases and uses. (a) The county auditor, with terms
127.13and conditions set by the county board, may sell timber upon any tract that may be approved
127.14by the natural resources commissioner. The sale of timber shall be made for cash at not less
127.15than the appraised value determined by the county board to the highest bidder after not less
127.16than one week's published notice in an official paper within the county. Any timber offered
127.17at the public sale and not sold may thereafter be sold at private sale by the county auditor
127.18at not less than the appraised value thereof, until the time as the county board may withdraw
127.19the timber from sale. The appraised value of the timber and the forestry practices to be
127.20followed in the cutting of said timber shall be approved by the commissioner of natural
127.22 (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be made
127.23in cash at the time of the timber sale, except in the case of oral or sealed bid auction sales,
127.24the down payment shall be no less than 15 percent of the appraised value, and the balance
127.25shall be paid prior to entry. In the case of auction sales that are partitioned and sold as a
127.26single sale with predetermined cutting blocks, the down payment shall be no less than 15
127.27percent of the appraised price of the entire timber sale which may be held until the satisfactory
127.28completion of the sale or applied in whole or in part to the final cutting block. The value of
127.29each separate block must be paid in full before any cutting may begin in that block. With
127.30the permission of the county contract administrator the purchaser may enter unpaid blocks
127.31and cut necessary timber incidental to developing logging roads as may be needed to log
127.32other blocks provided that no timber may be removed from an unpaid block until separately
127.33scaled and paid for. If payment is provided as specified in this paragraph as security under
127.34paragraph (a) and no cutting has taken place on the contract, the county auditor may credit
127.35the security provided, less any down payment required for an auction sale under this
128.1paragraph, to any other contract issued to the contract holder by the county under this chapter
128.2to which the contract holder requests in writing that it be credited, provided the request and
128.3transfer is made within the same calendar year as the security was received.
128.4 (c) The county board may sell any timber, including biomass, as appraised or scaled.
128.5Any parcels of land from which timber is to be sold by scale of cut products shall be so
128.6designated in the published notice of sale under paragraph (a), in which case the notice shall
128.7contain a description of the parcels, a statement of the estimated quantity of each species
128.8of timber, and the appraised price of each species of timber for 1,000 feet, per cord or per
128.9piece, as the case may be. In those cases any bids offered over and above the appraised
128.10prices shall be by percentage, the percent bid to be added to the appraised price of each of
128.11the different species of timber advertised on the land. The purchaser of timber from the
128.12parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown in the
128.13notice of sale as estimated to be standing on the land, and in addition shall pay at the same
128.14rate for any additional amounts which the final scale shows to have been cut or was available
128.15for cutting on the land at the time of sale under the terms of the sale. Where the final scale
128.16of cut products shows that less timber was cut or was available for cutting under terms of
128.17the sale than was originally paid for, the excess payment shall be refunded from the forfeited
128.18tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board
128.19as in case of other claims against the county. No timber, except hardwood pulpwood, may
128.20be removed from the parcels of land or other designated landings until scaled by a person
128.21or persons designated by the county board and approved by the commissioner of natural
128.22resources. Landings other than the parcel of land from which timber is cut may be designated
128.23for scaling by the county board by written agreement with the purchaser of the timber. The
128.24county board may, by written agreement with the purchaser and with a consumer designated
128.25by the purchaser when the timber is sold by the county auditor, and with the approval of
128.26the commissioner of natural resources, accept the consumer's scale of cut products delivered
128.27at the consumer's landing. No timber shall be removed until fully paid for in cash. Small
128.28amounts of timber not exceeding
128.29sold for not less than the full appraised value at private sale to individual persons without
128.30first publishing notice of sale or calling for bids, provided that in case of a sale involving a
128.31total appraised value of more than $200 the sale shall be made subject to final settlement
128.32on the basis of a scale of cut products in the manner above provided and not more than two
128.33of the sales, directly or indirectly to any individual shall be in effect at one time.
128.34 (d) As directed by the county board, the county auditor may lease tax-forfeited land to
128.35individuals, corporations or organized subdivisions of the state at public or private sale, and
129.1at the prices and under the terms as the county board may prescribe, for use as cottage and
129.2camp sites and for agricultural purposes and for the purpose of taking and removing of hay,
129.3stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden sites
129.4and other temporary uses provided that no leases shall be for a period to exceed ten years;
129.5provided, further that any leases involving a consideration of more than $12,000 per year,
129.6except to an organized subdivision of the state shall first be offered at public sale in the
129.7manner provided herein for sale of timber. Upon the sale of any leased land, it shall remain
129.8subject to the lease for not to exceed one year from the beginning of the term of the lease.
129.9Any rent paid by the lessee for the portion of the term cut off by the cancellation shall be
129.10refunded from the forfeited tax sale fund upon the claim of the lessee, to be audited and
129.11allowed by the county board as in case of other claims against the county.
129.12 (e) As directed by the county board, the county auditor may lease tax-forfeited land to
129.13individuals, corporations, or organized subdivisions of the state at public or private sale, at
129.14the prices and under the terms as the county board may prescribe, for the purpose of taking
129.15and removing for use for road construction and other purposes tax-forfeited stockpiled
129.16iron-bearing material. The county auditor must determine that the material is needed and
129.17suitable for use in the construction or maintenance of a road, tailings basin, settling basin,
129.18dike, dam, bank fill, or other works on public or private property, and that the use would
129.19be in the best interests of the public. No lease shall exceed ten years. The use of a stockpile
129.20for these purposes must first be approved by the commissioner of natural resources. The
129.21request shall be deemed approved unless the requesting county is notified to the contrary
129.22by the commissioner of natural resources within six months after receipt of a request for
129.23approval for use of a stockpile. Once use of a stockpile has been approved, the county may
129.24continue to lease it for these purposes until approval is withdrawn by the commissioner of
129.26 (f) The county auditor, with the approval of the county board is authorized to grant
129.27permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores,
129.28tailings, or waste products from mines or ore milling plants, or to use for facilities needed
129.29to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed
129.30for a mining operation, upon the conditions and for the consideration and for the period of
129.31time, not exceeding 25 years, as the county board may determine. The permits, licenses, or
129.32leases are subject to approval by the commissioner of natural resources.
129.33 (g) Any person who removes any timber from tax-forfeited land before said timber has
129.34been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor.
130.1 (h) The county auditor may, with the approval of the county board, and without first
130.2offering at public sale, grant leases, for a term not exceeding 25 years, for the removal of
130.3peat and for the production or removal of farm-grown closed-loop biomass as defined in
130.4section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited lands
130.5upon the terms and conditions as the county board may prescribe. Any lease for the removal
130.6of peat, farm-grown closed-loop biomass, or short-rotation woody crops from tax-forfeited
130.7lands must first be reviewed and approved by the commissioner of natural resources if the
130.8lease covers 320 or more acres. No lease for the removal of peat, farm-grown closed-loop
130.9biomass, or short-rotation woody crops shall be made by the county auditor pursuant to this
130.10section without first holding a public hearing on the auditor's intention to lease. One printed
130.11notice in a legal newspaper in the county at least ten days before the hearing, and posted
130.12notice in the courthouse at least 20 days before the hearing shall be given of the hearing.
130.13 (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis County
130.14auditor may, at the discretion of the county board, sell timber to the party who bids the
130.15highest price for all the several kinds of timber, as provided for sales by the commissioner
130.16of natural resources under section 90.14. Bids offered over and above the appraised price
130.17need not be applied proportionately to the appraised price of each of the different species
130.19 (j) In lieu of any payment or deposit required in paragraph (b), as directed by the county
130.20board and under terms set by the county board, the county auditor may accept an irrevocable
130.21bank letter of credit in the amount equal to the amount otherwise determined in paragraph
130.22(b). If an irrevocable bank letter of credit is provided under this paragraph, at the written
130.23request of the purchaser, the county may periodically allow the bank letter of credit to be
130.24reduced by an amount proportionate to the value of timber that has been harvested and for
130.25which the county has received payment. The remaining amount of the bank letter of credit
130.26after a reduction under this paragraph must not be less than 20 percent of the value of the
130.27timber purchased. If an irrevocable bank letter of credit or cash deposit is provided for the
130.28down payment required in paragraph (b), and no cutting of timber has taken place on the
130.29contract for which a letter of credit has been provided, the county may allow the transfer
130.30of the letter of credit to any other contract issued to the contract holder by the county under
130.31this chapter to which the contract holder requests in writing that it be credited.
130.32 Sec. 143. Minnesota Statutes 2016, section 296A.18, subdivision 6a, is amended to read:
130.33 Subd. 6a. Computation of nonhighway use amounts. The nonhighway use amounts
130.34determined in subdivisions 2 to 6 must be transferred from the highway user tax distribution
131.1fund to the accounts as provided for in sections 84.794, 84.803, 84.83, 84.927, and 86B.706.
131.2These amounts, together with interest and penalties for delinquency in payment, paid or
131.3collected pursuant to the provisions of this chapter, must be computed for each six-month
131.4period ending June 30 and December 31 and must be transferred on November 1 and
131.5April 1 following each six-month period.
131.6 Sec. 144. [471.9998] MERCHANT BAGS.
131.7 Subdivision 1. Citation. This section may be cited as the Consumer Choice Act.
131.8 Subd. 2. Merchant option. All merchants, itinerant vendors, and peddlers doing business
131.9in this state shall have the option to provide customers a paper, plastic, or reusable bag for
131.10the packaging of any item or good purchased, provided the purchase is of a size and manner
131.11commensurate with the use of paper, plastic, or reusable bags.
131.12 Subd. 3. Prohibition; bag ban or tax. Notwithstanding any other provision of law, no
131.13political subdivision shall impose any ban, fee, or tax upon the use of paper, plastic, or
131.14reusable bags for packaging of any item or good purchased from a merchant, itinerant
131.15vendor, or peddler.
131.16EFFECTIVE DATE.This section is effective May 31, 2017. Ordinances existing on
131.17the effective date of this section that would be prohibited under this section are invalid as
131.18of the effective date of this section.
131.19 Sec. 145. [477A.21] RIPARIAN PROTECTION AID.
131.20 Subdivision 1. Definitions. For purposes of this section, the following terms have the
131.22(1) "buffer protection map" has the meaning given under section 103F.48, subdivision
131.24(2) "public watercourses" means public waters and public drainage systems subject to
131.25riparian protection requirements under section 103F.48.
131.26 Subd. 2. Certifications to commissioner. (a) The Board of Water and Soil Resources
131.27must certify to the commissioner of revenue, on or before July 1 each year, which counties
131.28and watershed districts have affirmed their jurisdiction under section 103F.48 and the
131.29proportion of centerline miles of public watercourses, and miles of public drainage system
131.30ditches on the buffer protection map, within each county and each watershed district within
131.31the county with affirmed jurisdiction.
132.1(b) On or before July 1 each year, the commissioner of natural resources shall certify to
132.2the commissioner of revenue the statewide and countywide number of centerline miles of
132.3public watercourses and miles of public drainage system ditches on the buffer protection
132.5 Subd. 3. Distribution. (a) A county that is certified under subdivision 2, or that portion
132.6of a county containing a watershed district certified under subdivision 2, is eligible to receive
132.7aid under this section to enforce and implement the riparian protection and water quality
132.8practices under section 103F.48. Each county's preliminary aid amount is equal to the
132.9proportion calculated under paragraph (b) multiplied by the appropriation received each
132.10year by the commissioner for purposes of payments under this section.
132.11(b) The commissioner must compute each county's proportion. A county's proportion is
132.12equal to the ratio of the sum in clause (1) to the sum in clause (2):
132.13(1) the sum of the total number of acres in the county classified as class 2a under section
132.14273.13, subdivision 23, the countywide number of centerline miles of public watercourses
132.15on the buffer protection map, and the countywide number of miles of public drainage system
132.16ditches on the buffer protection map; and
132.17(2) the sum of the statewide total number of acres classified as class 2a under section
132.18273.13, subdivision 23, the statewide total number of centerline miles of public watercourses
132.19on the buffer protection map, and the statewide total number of public drainage system
132.20miles on the buffer protection map.
132.21(c) Aid to a county must not be greater than $200,000 or less than $50,000. If the sum
132.22of the preliminary aids payable to counties under paragraph (a) is greater or less than the
132.23appropriation received by the commissioner, the commissioner of revenue must calculate
132.24the percentage of adjustment necessary so that the total of the aid under paragraph (a) equals
132.25the total amount received by the commissioner, subject to the minimum and maximum
132.26amounts specified in this paragraph. The minimum and maximum amounts under this
132.27paragraph must be adjusted by the ratio of the actual amount appropriated to $10,000,000.
132.28(d) If only a portion of a county is certified as eligible to receive aid under subdivision
132.292, the aid otherwise payable to that county under this section must be multiplied by a fraction,
132.30the numerator of which is the buffer protection map miles of the certified watershed districts
132.31contained within the county and the denominator of which is the total buffer protection map
132.32miles of the county.
132.33(e) Any aid that would otherwise be paid to a county or portion of a county that is not
132.34certified under subdivision 2 shall be paid to the Board of Water and Soil Resources for
133.1enforcing and implementing the riparian protection and water quality practices under section
133.3 Subd. 4. Payments. The commissioner of revenue must compute the amount of riparian
133.4protection aid payable to each eligible county and to the Board of Water and Soil Resources
133.5under this section. On or before August 1 each year, the commissioner must certify the
133.6amount to be paid to each county and the Board of Water and Soil Resources in the following
133.7year, except that the payments for 2017 must be certified by July 15, 2017. The commissioner
133.8must pay riparian protection aid to counties and to the Board of Water and Soil Resources
133.9in the same manner and at the same time as aid payments under section 477A.015.
133.10EFFECTIVE DATE.This section is effective the day following final enactment and
133.11applies to aids payable in 2017 and thereafter.
133.12 Sec. 146. Laws 2000, chapter 486, section 4, as amended by Laws 2001, chapter 182,
133.13section 2, is amended to read:
133.14 Sec. 4. [BOATHOUSE LEASES; SOUDAN UNDERGROUND MINE STATE
133.16 (a) In 1965, United States Steel Corporation conveyed land to the state of Minnesota
133.17that was included in the Soudan underground mine state park, with certain lands at Stuntz
133.18Bay subject to leases outstanding for employee boathouse sites.
133.19 (b) Notwithstanding Minnesota Statutes, sections 85.011, 85.012, subdivision 1, and
133.2086A.05, subdivision 2 , upon the expiration of a boathouse lease described under paragraph
133.21(a), the commissioner of natural resources shall offer a new lease to the party in possession
133.22at the time of lease expiration, or, if there has been a miscellaneous lease issued by the
133.23Department of Natural Resources due to expiration of a lease described under paragraph
133.24(a), upon its expiration to the lessee. The new lease shall be issued under the terms and
133.25conditions of Minnesota Statutes, section 92.50,
133.27 (1) the term of the lease shall be for the lifetime of the party being issued a renewed
133.28lease and, if transferred, for the lifetime of the party to whom the lease is transferred;
133.29 (2) the new lease shall provide that the lease may be transferred only once and the transfer
133.30must be to a person within the third degree of kindred or first cousin according to civil law;
133.33persons who have attained legal age; and
134.1 (4) the lease amount must not exceed 50 percent of the average market rate, based on
134.2comparable private lease rates, as determined once every five years per lease.
134.3At the time of the new lease, the commissioner may offer, and after agreement with the
134.4leaseholder, lease equivalent alternative sites to the leaseholder.
134.5 (c) The commissioner shall not cancel a boathouse lease described under paragraphs (a)
134.6and (b) except for noncompliance with the lease agreement.
134.7(d) The commissioner must issue a written receipt to the lessee for each lease payment.
134.18 (e) The commissioner of natural resources shall contact U.S.X. Corporation and local
134.19units of government regarding the inclusion of the following lands within Soudan
134.20underground mine state park:
134.21 (1) all lands located South of Vermillion Lake shoreline in Section 13, Township 62
134.22North, Range 15 West;
134.23 (2) all lands located South of Vermillion Lake shoreline in the S1/2-SE1/4 of Section
134.2414, Township 62 North, Range 15 West;
134.25 (3) NE1/4-SE1/4 and E1/2-NE1/4 of Section 22, Township 62 North, Range 15 West;
134.26 (4) all lands located South of Vermillion Lake shoreline in Section 23, Township 62
134.27North, Range 15 West;
134.28 (5) all of Section 24, Township 62 North, Range 15 West;
134.29 (6) all lands North of trunk highway No. 169 located in Section 25, Township 62 North,
134.30Range 15 West;
135.1 (7) all lands North of trunk highway No. 169 located in Section 26, Township 62 North,
135.2Range 15 West;
135.3 (8) NE1/4-SE1/4 and SE1/4-NE1/4 of Section 27, Township 62 North, Range 15 West;
135.5 (9) NW1/4 of Section 19, Township 62 North, Range 14 West.
135.6EFFECTIVE DATE.This section is effective the day following final enactment and
135.7applies to monthly lease payments made on or after that date.
135.8 Sec. 147. Laws 2013, chapter 114, article 4, section 105, is amended to read:
135.9 Sec. 105. RULES; SILICA SAND.
135.10(a) The commissioner of the Pollution Control Agency
135.11to the control of particulate emissions from silica sand projects. The rulemaking is exempt
135.12from Minnesota Statutes, section 14.125.
135.13(b) The commissioner of natural resources shall adopt rules pertaining to the reclamation
135.14of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section 14.125.
135.15(c) By January 1, 2014, the Department of Health shall adopt an air quality health-based
135.16value for silica sand.
135.17(d) The Environmental Quality Board
135.18review, adopted under Minnesota Statutes, chapter 116D, for silica sand mining and
135.19processing to take into account the increased activity in the state and concerns over the size
135.20of specific operations. The Environmental Quality Board shall consider whether the
135.21requirements of Minnesota Statutes, section 116C.991, should remain part of the
135.22environmental review requirements for silica sand and whether the requirements should be
135.23different for different geographic areas of the state. The rulemaking is exempt from Minnesota
135.24Statutes, section 14.125.
135.25 Sec. 148. Laws 2015, First Special Session chapter 4, article 4, section 136, is amended
135.27 Sec. 136. WILD RICE WATER QUALITY STANDARDS.
135.28(a) Until the commissioner of the Pollution Control Agency amends rules refining the
135.29wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, to consider
135.30all independent research and publicly funded research and to include criteria for identifying
135.31waters and a list of waters subject to the standard, implementation of the wild rice water
136.1quality standard in Minnesota Rules, part 7050.0224, subpart 2, shall be limited to the
136.2following, unless the permittee requests additional conditions:
136.3(1) when issuing, modifying, or renewing national pollutant discharge elimination system
136.4(NPDES) or state disposal system (SDS) permits, the agency shall endeavor to protect wild
136.5rice, and in doing so shall be limited by the following conditions:
136.6(i) the agency shall not require permittees to expend money for design or implementation
136.7of sulfate treatment technologies or other forms of sulfate mitigation; and
136.8(ii) the agency may require sulfate minimization plans in permits; and
136.9(2) the agency shall not list waters containing natural beds of wild rice as impaired for
136.10sulfate under section 303(d) of the federal Clean Water Act, United States Code, title 33,
136.11section 1313, until the rulemaking described in this paragraph takes effect.
136.12(b) Upon the rule described in paragraph (a) taking effect, the agency may reopen permits
136.13issued or reissued after the effective date of this section as needed to include numeric permit
136.14limits based on the wild rice water quality standard.
136.15(c) The commissioner shall complete the rulemaking described in paragraph (a) by
136.17 Sec. 149. Laws 2016, chapter 189, article 3, section 26, the effective date, is amended to
136.19EFFECTIVE DATE.This section is effective May 1,
136.20EFFECTIVE DATE.This section is effective retroactively from April 30, 2017.
136.21 Sec. 150. Laws 2016, chapter 189, article 3, section 46, is amended to read:
136.22 Sec. 46. PRESCRIBED BURN REQUIREMENTS; REPORT.
136.23The commissioner of natural resources, in cooperation with prescribed burning
136.24professionals, nongovernmental organizations, and local and federal governments, must
136.25develop criteria for certifying an entity to conduct a prescribed burn under
136.26burning permit. The certification requirements must include training, equipment, and
136.27experience requirements and include an apprentice program to allow entities without
136.28experience to become certified. The commissioner must establish provisions for decertifying
136.29entities. The commissioner must not require additional certification or requirements for
136.30burns conducted as part of normal agricultural practices not currently subject to prescribed
136.31burn specifications. The commissioner must submit a report with recommendations and
137.1any legislative changes needed to the chairs and ranking minority members of the house of
137.2representatives and senate committees and divisions with jurisdiction over environment and
137.3natural resources by January 15, 2017.
137.4 Sec. 151. DEMOLITION DEBRIS LANDFILL PERMITTING.
137.5A solid waste permit issued by the Pollution Control Agency to an existing class I
137.6demolition debris landfill facility that is operating under the Pollution Control Agency
137.7Demolition Landfill Guidance, issued August 2005, is extended pursuant to Minnesota
137.8Rules, part 7001.0160, for a period of five years, unless a new permit is issued for the facility
137.9by the Pollution Control Agency after the effective date of this section.
137.10EFFECTIVE DATE.This section is effective the day following final enactment.
137.11 Sec. 152. ENVIRONMENTAL QUALITY BOARD MEMBERSHIP TRANSITION.
137.12(a) Until the governor has appointed members of the Environmental Quality Board from
137.13each congressional district as required under this act, this section governs membership of
137.15(b) The citizen members of the board as of July 1, 2017, shall continue to serve until the
137.16expiration of their terms.
137.17(c) No later than October 1, 2017, the governor shall appoint board members from the
137.18first, second, seventh, and eighth congressional districts for terms to begin January 2, 2018.
137.19(d) No later than October 1, 2018, the governor shall appoint a board member from the
137.20third congressional district for a term to begin January 8, 2019.
137.21(e) No later than October 1, 2019, the governor shall appoint a board member from the
137.22fourth congressional district for a term to begin January 7, 2020.
137.23(f) No later than October 1, 2020, the governor shall appoint a board member from the
137.24fifth congressional district for a term to begin January 5, 2021.
137.25(g) No later than October 1, 2021, the governor shall appoint a commissioner from the
137.26sixth congressional district for a term to begin January 4, 2022.
137.27 Sec. 153. SAND DUNES STATE FOREST MANAGEMENT; PLAN REQUIRED.
137.28 Subdivision 1. Forest management. When managing the Sand Dunes State Forest, the
137.29commissioner of natural resources must:
138.1(1) not convert additional land to oak savanna or convert oak savanna to nonforest land
138.2unless it is done as a result of a contract entered into before the effective date of this section;
138.3(2) require all prairie seeds planted to be from native species of a local ecotype to
138.4Sherburne or Benton County; and
138.5(3) comply with the Minnesota Forest Resources Council's guidelines for aesthetics in
138.7 Subd. 2. Prescribed burns; notification. At least 40 days before conducting a prescribed
138.8burn, the commissioner must:
138.9(1) publish a notice in a newspaper of general circulation in the area;
138.10(2) notify the county and township in writing; and
138.11(3) notify residents within a quarter mile of the prescribed burn in writing.
138.12 Subd. 3. School trust lands. Nothing in this section restricts the ability of the
138.13commissioner or the school trust lands director from managing school trust lands within
138.14the Sand Dunes State Forest for long-term economic return.
138.15 Subd. 4. Township road. If the commissioner of natural resources finds that any portion
138.16of 233rd Avenue within the Sand Dunes State Forest is not owned by the township, the
138.17commissioner must convey an easement over and across state-owned lands administered
138.18by the commissioner to the township under Minnesota Statutes, section 84.63, for the width
138.19of 233rd Avenue.
138.20 Subd. 5. Sunset. This section expires two years from the day following final enactment.
138.21EFFECTIVE DATE.This section is effective the day following final enactment.
138.22 Sec. 154. WATER USE PERMIT AND DATA COLLECTION; APPROPRIATION.
138.23(a) Notwithstanding Minnesota Statutes, sections 84.0895 and 103G.223, or other law
138.24to the contrary, the commissioner of natural resources must issue, upon application, a water
138.25use permit for calcareous fens located in Pipestone County. The permittee must agree to
138.26the following permit conditions:
138.27(1) the permit is for a term of 15 years, but may be revoked after five years if paragraph
138.29(2) water use under the permit is limited to irrigation of agricultural crops at a rate of
138.30no more than 800 gallons per minute in accordance with an irrigation plan submitted with
138.31the water use permit application;
139.1(3) the permittee must pay for the irrigation system installed during the term of the
139.3(4) installation of the irrigation system must minimize disturbance to the existing plant
139.4community in the calcareous fens. The commissioner must provide technical advice for
139.5installation of the irrigation system.
139.6(b) If, at any time after five years of water use, the commissioner determines the
139.7drawdown of water from the fens endangers the continued sustainability of the calcareous
139.8fens, the commissioner may revoke the permit. If the commissioner revokes the permit
139.9before the permit's expiration date, the permittee must be reimbursed for the cost of the
139.10irrigation system, prorated over the full 15-year term of the original permit.
139.11(c) The commissioner must monitor the calcareous fens to collect data on the effects of
139.12water use from the fens for the duration of the permit. If the commissioner concludes that,
139.13based on collected data, the calcareous fens remain viable after 15 years of water use, the
139.14commissioner must renew the water use permit for an additional 15 years, free of the
139.15condition imposed under paragraph (a), clause (1).
139.16 Sec. 155. HILL-ANNEX MINE STATE PARK MANAGEMENT AND OPERATION
139.18(a) The commissioner of natural resources must work with the commissioner of the Iron
139.19Range Resources and Rehabilitation Board and representatives from the city of Calumet,
139.20Itasca County, and the Western Mesabi Mine Planning Board to create an alternate operating
139.21model for local management and operation of Hill-Annex Mine State Park until mining
139.22resumes on the property. The commissioner of natural resources must submit a management
139.23and operation plan to the chairs and ranking minority members of the house of representatives
139.24and senate committees and divisions with jurisdiction over environment and natural resources
139.25by January 15, 2018.
139.26 (b) In fiscal year 2018 and fiscal year 2019, the level of service and hours of operation
139.27at Hill-Annex Mine State Park must be maintained at fiscal year 2016 levels.
139.28 Sec. 156. BASE BUDGET REPORT.
139.29(a) The commissioners of natural resources and the Pollution Control Agency must each
139.30submit a report that contains the details of their base budgets, by fiscal year, including:
139.31(1) appropriation riders for the previous biennium and the year the rider was first used;
139.32(2) anticipated appropriation riders for the fiscal years 2020-2021 biennium;
140.1(3) statutory appropriations; and
140.2(4) an explanation on the use of funds for each appropriation not covered by a rider.
140.3(b) The reports must be submitted to the chairs and ranking minority members of the
140.4house of representatives and senate committees and divisions with jurisdiction over
140.5environment and natural resources by October 15, 2018.
140.6 Sec. 157. RULEMAKING; MINNOW LICENSES.
140.7The commissioner of natural resources shall amend Minnesota Rules, part 6254.0100,
140.8subpart 2, to conform with Minnesota Statutes, section 97C.501, subdivision 1. The
140.9commissioner may use the good cause exemption under Minnesota Statutes, section 14.388,
140.10subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section
140.1114.386, does not apply, except as provided under Minnesota Statutes, section 14.388.
140.12 Sec. 158. CANCELLATION OF PERMITS.
140.13Water-use permits issued before July 1, 2017, for water use exempted under Minnesota
140.14Statutes, section 103G.271, subdivision 1, paragraph (b), clause (3), are canceled effective
140.15July 1, 2017.
140.16 Sec. 159. RULEMAKING; EFFLUENT LIMITATION COMPLIANCE.
140.17(a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
140.18part 7001.0150, subpart 2, item A, by inserting the following:
140.19"For a municipality that constructs a publicly owned treatment works facility to comply
140.20with a new or modified effluent limitation, compliance with any new or modified effluent
140.21limitation adopted after construction begins that would require additional capital investment
140.22is required no sooner than 16 years after the date of initiation of operation of the facility."
140.23(b) The commissioner may use the good cause exemption under Minnesota Statutes,
140.24section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
140.25Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
140.27 Sec. 160. DISPOSITION OF PROCEEDS; ST. LOUIS COUNTY
140.28ENVIRONMENTAL TRUST FUND.
140.29Notwithstanding Minnesota Statutes, chapter 282, and any other law relating to the
140.30disposition of proceeds from the sale of tax-forfeited land, the St. Louis County Board must
141.1deposit any money received from the sale of tax-forfeited land purchased by the Fond du
141.2Lac Band of Lake Superior Chippewa with money appropriated under Laws 2014, chapter
141.3256, article 1, section 2, subdivision 3, paragraph (a), into an environmental trust fund
141.4established by the county. The principal from the sale of the land may not be expended.
141.5The county may spend interest earned on the principal only for purposes related to improving
141.7EFFECTIVE DATE; LOCAL APPROVAL.This section is effective the day after
141.8the St. Louis County Board and its chief clerical officer timely complete their compliance
141.9with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
141.10 Sec. 161. ACTION TO OBTAIN ACCESS PROHIBITED; CLEARWATER
141.12Before July 1, 2018, the commissioner of natural resources must not initiate a civil action
141.13or otherwise seek to obtain access to land administered by the commissioner via a private
141.14road connected to County Road 27, located in Clearwater County, Township 147, Range
141.1532 or Range 33.
141.16EFFECTIVE DATE.This section is effective the day following final enactment.
141.17 Sec. 162. REVISOR'S INSTRUCTION.
141.18In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall replace all
141.19references to Minnesota Statutes, section 115B.39, subdivision 2, paragraph (l), with
141.20Minnesota Statutes, section 115B.39, subdivision 2, paragraph (n), and shall make all other
141.21necessary changes to preserve the meaning of the text and to conform with the paragraph
141.22relettering in this act.
141.23 Sec. 163. REPEALER.
141.24(a) Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5;
141.2597C.701, subdivisions 1a and 6; 97C.705; 97C.711; and 116C.04, subdivisions 3 and 4, are
141.27(b) Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500;
141.286258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900, are repealed."
141.29Delete the title and insert:
141.31relating to state government; appropriating money for environment, natural
141.32resources, and tourism purposes; modifying fees; providing for disposition of
142.1certain receipts; modifying grant, contract, and lease provisions; modifying state
142.2park permit requirements; modifying water safety provisions; modifying provisions
142.3to take, possess, and transport wildlife; modifying duties and authority; modifying
142.4Minnesota Naturalist Corps provisions; modifying prescribed burn provisions;
142.5modifying timber sales provisions; providing for certain contested case hearings,
142.6appeals, and reviews; modifying landfill cleanup program; modifying tax-forfeited
142.7land provisions; providing for consumer choice in merchant bags; modifying buffer
142.8requirements; providing for riparian protection aid; modifying the Water Law;
142.9modifying invasive species provisions; modifying off-highway vehicle provisions;
142.10modifying permit and license requirements; modifying Petroleum Tank Release
142.11Cleanup Act; extending ban on open air swine basins; modifying environmental
142.12review; modifying Environmental Quality Board; requiring reports; requiring
142.13rulemaking;amending Minnesota Statutes 2016, sections 84.01, by adding a
142.14subdivision; 84.027, subdivisions 14a, 14b, by adding subdivisions; 84.788,
142.15subdivision 2; 84.793, subdivision 1; 84.8031; 84.82, subdivision 2; 84.925,
142.16subdivision 1; 84.9256, subdivisions 1, 2; 84.946, subdivision 2, by adding a
142.17subdivision; 84.992, subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 84D.04,
142.18subdivision 1; 84D.05, subdivision 1; 84D.108, subdivision 2a, by adding
142.19subdivisions; 84D.11, by adding a subdivision; 85.052, subdivision 1; 85.053,
142.20subdivisions 8, 10; 85.054, by adding a subdivision; 85.055, subdivision 1; 85.22,
142.21subdivision 2a; 85.32, subdivision 1; 86B.301, subdivision 2; 86B.313, subdivision
142.221; 86B.701, subdivision 3; 88.01, subdivision 28; 88.523; 89.39; 90.01, subdivisions
142.238, 12, by adding a subdivision; 90.041, subdivision 2; 90.051; 90.101, subdivision
142.242; 90.14; 90.145, subdivision 2; 90.151, subdivision 1; 90.162; 90.252; 93.25,
142.25subdivision 2; 93.47, subdivision 4; 93.481, subdivision 2; 93.50; 94.343,
142.26subdivision 9; 94.344, subdivision 9; 97A.015, subdivisions 39, 43, 45, 52, 53, by
142.27adding a subdivision; 97A.045, subdivision 10; 97A.055, subdivision 2; 97A.075,
142.28subdivision 1; 97A.137, subdivision 5; 97A.201, subdivision 2, by adding a
142.29subdivision; 97A.225, subdivision 8; 97A.301, subdivision 1; 97A.338; 97A.420,
142.30subdivision 1; 97A.421, subdivision 2a; 97A.441, subdivision 1; 97B.031,
142.31subdivision 6; 97B.071; 97B.405; 97B.431; 97B.516; 97B.655, subdivision 1;
142.3297C.315, subdivision 1; 97C.355, subdivision 2a; 97C.401, subdivision 2; 97C.501,
142.33subdivision 1; 97C.515, subdivision 2; 97C.701, by adding a subdivision; 103B.101,
142.34subdivision 12a; 103F.411, subdivision 1; 103F.48, subdivisions 1, 3, 7; 103G.005,
142.35subdivisions 10b, 10h, by adding a subdivision; 103G.222, subdivisions 1, 3;
142.36103G.223; 103G.2242, subdivisions 1, 2; 103G.2372, subdivision 1; 103G.271,
142.37subdivisions 1, 6, 6a, 7, by adding a subdivision; 103G.287, subdivisions 1, 4;
142.38103G.411; 114D.25, by adding a subdivision; 115B.39, subdivision 2; 115B.40,
142.39subdivision 4; 115C.021, subdivision 1, by adding a subdivision; 116.03,
142.40subdivision 2b, by adding subdivisions; 116.07, subdivision 4d, by adding
142.41subdivisions; 116.0714; 116C.03, subdivision 2; 116C.04, subdivision 2; 116D.04,
142.42subdivisions 2a, 10; 116D.045, subdivision 1; 160.06; 168.1295, subdivision 1;
142.43282.018, subdivision 1; 282.04, subdivision 1; 296A.18, subdivision 6a; Laws
142.442000, chapter 486, section 4, as amended; Laws 2013, chapter 114, article 4, section
142.45105; Laws 2015, First Special Session chapter 4, article 4, section 136; Laws 2016,
142.46chapter 189, article 3, sections 6; 26; 46; proposing coding for new law in
142.47Minnesota Statutes, chapters 85; 93; 97B; 115; 115B; 116; 471; 477A; repealing
142.48Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5;
142.4997C.701, subdivisions 1a, 6; 97C.705; 97C.711; 116C.04, subdivisions 3, 4;
142.50Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500;
142.516258.0600; 6258.0700, subparts 1, 4, 5; 6258.0800; 6258.0900."