Article 1 – Environment and Natural Resources Appropriations

[See attached spreadsheet]

Article 2 – Statutory Provisions

Section 1 [Appointment of legal counsel] authorizes the commissioner to appoint attorneys or outside counsel to render title opinions, to represent the department in severed mineral interest forfeiture actions, and to represent the department in quiet title or title registration actions affecting real property interests in land administered by the commissioner.

Section 2 [Creation of natural resources enforcement account] Creates the natural resources enforcement account in the special revenue fund. The account consists of money appropriated from the natural resource fund to the commissioner for enforcement of various statutes.

Section 3 [Exemption from registration of certain off-highway motorcycles registered in another state] exempts from registration requirements off-highway motorcycles that are operated on boundary trails and registered in another state or country that has reciprocal exemptions.

Section 4 [Minimum age of operators of off-highway motorcycles] requires operators of off-highway motorcycles to be at least 6 years old.

Section 5 [Written explanation of denial of off-road vehicle grant-in-aid application] requires the commissioner to provide a written explanation of any denial an off-road vehicle grant-in-aid application.

Section 6 [Snowmobile registration fee changes] replaces the $2 fee charged for each snowmobile registration with a $4.50 fee for each snowmobile registration renewal, duplicate or replacement registration card, and replacement decal and an issuing fee of $7 for each snowmobile registration transfer.

Section 7 [Parent or guardian presence required for ATV safety training for youth] requires a parent or guardian to be present at the hands-on training portion of the all-terrain vehicle environmental and safety education and training program if the trainee is 6 to 10 years old.

Section 8 [ATV safety and education training certificates for young operators] authorizes operators of ATVs who are at least six years old to take the safety education and training program but provides that a safety certificate is not valid until its holder is at least 12 years old.

Section 9 [Additional allowable use of NRAPR funds] authorizes natural resources asset preservation and replacement money to be used to remove life safety hazards and to fix building code violations and structural defects in capital assets of the department.

Section 10 [Report on use of NRAPR funds] requires the commissioner to establish priorities for use of NRAPR funds and to report annually to the commissioner of management and budget a list of projects that received NRAPR funding during the prior calendar year.

Section 11 [Flexibility in assignment of Naturalist Corps mentors] provides that the naturalist mentor assigned to each Minnesota Naturalist Corps member need only be an interpretive naturalist and not necessarily a state parks naturalist.

Section 12 [Uniform pin required for Naturalist Corps] changes the requirement that uniforms of members of the Naturalist Corps bear a patch that includes the name of the Corps into a requirement that uniforms bear a pin with that designation.

Section 13 [Changes in eligibility for Naturalist Corps] limits eligibility for Naturalist Corps membership to those who participate in approved college internship programs, but broadens the type of eligible internships to those in a field related to natural resources, cultural history, interpretation, or conversation.

Section 14 [Naturalist Corps members ineligible for unemployment benefits] makes all Naturalist Corps members ineligible for unemployment benefits. Currently, they are ineligible only if their employment constitutes noncovered employment under Minnesota’s unemployment statutes.

Section 15 [Bait for sale cannot be held in infested waters] generally prohibits the holding of bait intended for sale in infested waters.

Section 16 [Use of commercial fishing equipment in infested waters] allows the use in other waters of specified equipment used to commercially fish infested waters once the equipment is decontaminated. Current law permanently prohibits the use of such equipment in non-infested waters.

Section 17 [Greater specificity in classification of nonnative species] requires greater specificity in the classification by the commissioner of nonnative species of aquatic plants and wild animals.

Section 18 [Transportation of prohibited invasive species from riparian property] authorizes the transportation of a prohibited invasive species from riparian property to a disposal site that is at least 100 feet from any surface water, ditch, or seasonally flooded land if the transportation is by vehicle specifically designed to haul trash.

Section 19 [Expansion of authority to return certain water-related equipment to Lake Minnetonka] expands to municipalities bordering the Lake Minnetonka Conservation District the area in which service providers returning water-related equipment that previously had zebra mussels into Lake Minnetonka may be based.

Section 20 [Gull Lake pilot study] authorizes the commissioner to conduct a targeted pilot study to include water-related equipment with zebra mussels attached at certain access sites. The authority to conduct the study expires on December 1, 2019.

Section 21 [Issuance of permit to tag and release certain fish] authorizes the commissioner to issue a permit to departmental divisions to tag and release certain species of fish for research and control. This authority expires on December 31, 2021.

Section 22 [Sale of liquor at Fort Ridgely State Park] authorizes a nonstate entity operating the golf course at Fort Ridgely State Park to sell liquor by the drink at the golf course.

Section 23 [Operation of golf carts at Fort Ridgely State Park] authorizes the operation of golf carts on the golf course portion of Fort Ridgely State Park when the golf course is operated by a nonstate entity.

Section 24 [Free state park permits for certain military personnel] authorizes the issuance of annual state park permits without a fee to active military personnel, their dependents, and to recipients of a Purple Heart medal. Current law allows for a one-day permit and only to those who are in active military service and are stationed outside Minnesota.

Section 25 [Free state park permits for disabled veterans] requires the issuance of an annual state park permit free of charge to a veteran with any level of service-connected disability. Current law requires the issuance of such a permit only to veterans who have a total and permanent service-connected disability.

Section 26 [No state park permit required for use of Fort Ridgely State Park golf course] exempts those using only the golf course portion of Fort Ridgely State Park from having to pay for a state park permit when the golf course is operated by a non-state entity.

Section 27 [Certain receipts must be credited to the state parks working capital account] requires all receipts generated from tours and interpretation and educational programs to be credited to the state parks working capital account.

Section 28 [Process for designation of state water trails] requires the commissioner to establish criteria and a process for designating new state water trails and makes changes to the bodies of water on which state water trails may be established.

Section 29 [Certain receipts must be deposited in the natural resources fund] requires fees collected for special use permits to use state trails not on state forest, state park, or state recreation area lands and for state water access sites to be deposited in the natural resources fund.

Section 30 [Watercraft exempt from licensure in other states] exempts from licensure requirements a watercraft that is owned by a person from another state if that other state does not require licensure of the watercraft and if the watercraft has not been within Minnesota for more than 90 consecutive days.

Section 31 [Watercraft floatation device requirements] amends requirement that all persons on board a personal watercraft have a floatation device so that the floatation device is no longer required to be approved for water skiing.

Section 32 [Prohibition on use of certain lights on watercraft] prohibits the use of lights on watercraft that are not approved navigation lights if the lights interfere with the visibility of required navigation lights or are red, green, or blue. This section also provides exceptions for certain public safety and law enforcement activities.

Section 33 [Clarification regarding eligible county water safety expenses] clarifies which county expenditures for water and watercraft safety and enforcement are eligible for reimbursement.

Section 34 [Form of auxiliary forest supplemental agreements] deletes the requirement that supplemental agreements to make auxiliary forest contracts subject to subsequently enacted laws be in a form approved by the Attorney General.

Section 35 [Tree planting stock purchase agreement format approval] deletes the requirement that the Attorney General approve the format of agreements entered into by those who purchase tree planting stock from the commissioner.

Section 36 [Definition of affiliate] defines “affiliate” for the purpose of the bidding for timber permits as a person who is controlled by, or is in common control with any other person.

Section 37 [Definition of permit holder] modifies the definition of “permit holder” in the timber lands statutes to include an affiliate of the person.

Section 38 [Definition of responsible bidder] modifies the definition of “responsible bidder” in the timber lands statutes to include an affiliate of the person.

Section 39 [Settlement of casual trespass on state land claims] deletes the requirement that commissioner notify the Attorney General about settlement of state claims of casual and involuntary trespass on state lands or timber.

Section 40 [Form of bond obtained for state timber appraisal and sales employee] deletes the requirement that the Attorney General approve the form of the bond required to be obtained for the departmental employee delegated to supervise state timber appraisals and sales.

Section 41 [Sale list and notice] allows the copy of the timber sale list to be posted on the Internet instead of in the forest office.

Section 42 [Auction sale procedure] provides for the sale to a “responsible bidder” of timber instead of the actual bidder. Deletes the requirement that the Attorney General prescribe the form a purchaser of state timber may use to elect to purchase a permit based solely on the state appraiser’s estimate of the volume of timber described in the permit.

Section 43 [Purchaser registration] allows an “affiliate” to be verified as a responsible bidder to purchase a timber permit.

Section 44 [Form of permit to enter state land and remove timber] deletes the requirement that the Attorney General approve the form of the permit issued to purchasers of state timber authorizing entrance onto state land and removal of the timber that is subject to the permit.

Section 45 [Form of surety given to state by timber purchaser] deletes the requirement that the Attorney General approve the form of a surety provided to the state by the purchaser of state timber in lieu of a security deposit.

Section 46 [Form of scaling, weight scale agreements] deletes the requirement that the Attorney General approve the form of scaling agreements and of agreements to use weight scales owned by others for state timber scaling purposes.

Section 47 [Allocation of surplus wetland credits to mining projects] authorizes the commissioner to allocate surplus wetland credits approved by the commissioner under a mining permit after July 1, 1991, that are not allocated in a state wetland bank. 

Section 48 [Class A land to be acquired by state through a land exchange] deletes the requirement that the Attorney General provide a written opinion that the title to class A land proposed to be acquired by the State as part of a land exchange is good and marketable. This is replaced with a requirement that the commissioner merely determine that the title is good. This section also authorizes the commissioner to acquire title insurance.

Section 49 [Class B land to be acquired through a land exchange] deletes the requirement that a county attorney’s opinion on the quality of title in class B land proposed to be acquired through a land exchange is subject to the approval of the Attorney General. Instead, it would be subject to the approval of the commissioner.

Section 50 [Definition of portable shelter] adds a definition of portable shelter to the game and fish statutes.

Section 51 [Definition of protected wild animals] adds the following to the definition of “protected wild animals”: bats, snakes, salamanders, lizards, any animal species listed as endangered, threated, or of special concern in Minnesota Rules, chapter 6134.

Section 52 [Definition of rough fish] removes from the definition of “rough fish” any fish species listed as endangered, threated or of special concern in Minnesota Rules, chapter 6134.

Section 53 [Definition of small game] adds the long-tailed weasel to the definition of “small game.”

Section 54 [Definition of unprotected birds] removes magpies and blackbirds from the definition of “unprotected birds.”

Section 55 [Definition of unprotected wild animals] removes the following from the definition of unprotected wild animals: weasels, gophers that are not plains pocket gophers, and any animal species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter 6134.

Section 56 [Form of reciprocal game and fish agreements] deletes the requirement that the Attorney General approve reciprocal agreements with federal or other state game and fish authorities.

Section 57 [Removal of earmark of funds for wolf management and monitoring account] removes the earmark of $0.50 of the proceeds from each deer license for the wolf management and monitoring account.

Section 58 [Placing traps or snares on private land] requires a person to obtain written permission from a landowner or lessee before placing traps or snares on private property that is not subject to a requirement to be open to the public.

Section 59 [Rules limiting use of lead shot prohibited] prohibits the commissioner from adopting rules further restricting the use of lead shot.

Section 60 [Blaze pink as an alternative to blaze orange] modifies blaze orange hunting requirements to allow blaze pink.

Section 61 [Bear hunting permit reservation for a member of a Minnesota veterans home] requires the commissioner to reserve one permit for, and give first preference to, a resident of a Minnesota veterans home if the commissioner limits the number of persons that may hunt bear in an area.

Section 62 [First aid or CPR training not a prerequisite for bear-hunting outfitter licensure] prohibits the commissioner from requiring a person to have certification or training in first aid or CPR as a prerequisite to obtaining a bear-hunting outfitter license.

Section 63 [Taking of certain animals causing damage] authorizes owners or occupiers of land, and their agents, to take bats, snakes, salamanders, lizards, and weasel if the animals are causing damage. 

Section 64 [Use of two lines to take fish] authorizes anglers on certain waters to use two lines to take fish during open-water season if the angler purchases a $5.00 endorsement. Fifty percent of the proceeds of the endorsement must be used for walleye stocking.

Section 65 [Prohibition on leaving unidentified portable shelters on ice during certain hours] Prohibits leaving unidentified portable shelters on the ice between midnight and sunrise.

Section 66 [Deletion of prohibition on possessing more than one large Northern Pike] deletes prohibition on possession of more than one Northern Pike that is more than 30 inches. 

Section 67 [Exemption from minnow retailer’s vehicle licensure for resorts] exempts resorts that are minnow retailers from the requirement to obtain a minnow retailer’s vehicle license when transporting minnows purchased from a minnow dealer's place of business directly to the resort.

Section 68 [Importation of certain minnows authorized] authorizes the importation of golden shiner minnows into the state by licensed minnow dealers so long as the minnows are certified healthy and free of certain enumerated illnesses and originate from a biosecure facility that has tested negative for invasive species.

Section 69 [Harvesting mussel shells] prohibits harvesting of live mussel shells. Allows limited taking by hand of dead freshwater mussels by those who possess a valid angling license (or who are not required to have one). Prohibits sale of mussel shells.

Section 70 [Public water quality improvement initiative] sets a statewide goal for water quality improvement of 25% by 2025 and requires enumerated state agencies to broadly engage the public and stakeholders and to produce a report and recommendations by December 2017.

Section 71 [Removal of local authority to issue penalty orders related to riparian protection] removes the authority of counties or watershed districts to issue penalty orders for water resources riparian protection requirements.

Section 72 [Model soil loss ordinance clarification] clarifies that the model ordinance developed as a guide for local governments to implement soil erosion statutes is only for those local governments that have adopted a soil loss ordinance.

Section 73 [Definition of public waters] changes the definition of public waters in the main riparian buffer statute so that it includes only public waters that are on the public waters inventory and that have water in them continually for 12 months each year.

Section 74 [Various buffer law changes] limits the 50-foot buffer requirement to those public waters that have a shoreland classification. Makes public waters that do not have such a classification subject only to the 16.5-foot buffer requirement. Requires those planting buffers to use only seed mixes that were grown and processed in Minnesota. Requires a soil and water conversation district to detemine whether a particular alternative practice satisfies applicaable requirements when requested to do so.

Section 75 [Buffer law enforcement not permissible unless assistance with buffer costs available] prohibits enforcement of the buffer statutes unless a landowner has been offered and refused state or federal assistance to pay for the entire cost of establishing buffers as well as annual payments or an easement for the land.

Section 76 [Definition of constructed management facilities for storm water] Adds a definition of constructed management facilities for storm water to the waters of the state chapter of the Minnesota statutes.

Section 77 [Greater than 80 percent area] applies the definition of a “greater than 80 percent area” to a wetland bank service area.

Section 78 [Less than 50 percent area] applies the definition of a “less than 50 percent area” to a wetland bank service area.

Section 79 [Generation of wetland credits for future mining projects] authorizes projects requiring a mining permit to include surplus wetland credits to be allocated by the commissioner to offset future mining-related wetland impacts under any permits to mine held by the permittee, the operator, the permittee's or operator's parent, an affiliated subsidiary, or an assignee.

Section 80 [Wetland replacement siting] prohibits wetland replacement siting in a greater than 80 percent area when the wetlands drained or filled are in an area outside of an 80 percent area.  This section also removes certain wetland replacement siting limitations.

Section 81 [Seasonal reductions in calcareous fens allowed in certain circumstances] creates an exemption to the general prohibition on the draining of calcareous fens by requiring the commissioner to allow temporary reductions in groundwater resources on a seasonal basis under an approved management plan for appropriating water.

Section 82 [Disclosure of ownership interests in wetland banks] Requires members of a technical evaluation panel who have an ownership interest in a wetland bank to disclose details of that ownership in writing to affected local governments.

Section 83 [Prohibition on recording of restoration or replacement orders in certain circumstances] Prohibits recording or filing of wetland restoration or replacement orders with the office of the county recorder or registrar or titles if a court has found that there has been no violation of such an order.

Section 84 [Nonconsumptive diversion of surface water; appropriation of storm water] Exempts nonconsumptive diversion of surface water for the production of hydroelectric or hydromechanical power at certain facilities from requiring a water use permit. Authorizes appropriation of waters of the state without a water-use permit if the water is collected and used to reduce storm-water runoff volume, treat storm water, or sustain groundwater supplies and is extracted from constructed management facilities for storm water.

Section 85 [Waiver of fee for unpermitted temporary diversion of water for power generation] authorizes the commissioner to waive the fee for unpermitted temporary diversions of water for the purpose of hydroelectric or hydromechanical power generation.

Section 86 [Transfer of water permits to successive owners] requires the commissioner to transfer a water-use permit to a successive owner of real property upon notification of the transfer in ownership of the real property in question.

Section 87 [Economic impact estimates for changes to water appropriation plans] requires the commissioner to provide estimates of the economic impact of new restrictions or policies for water appropriation management plans on existing and future groundwater users in the affected area.

Section 88 [Provision of information to certain groundwater permit applicants] requires the commissioner to provide an applicant denied a groundwater permit, or issued a permit that is restricted from the original request, all the information used by the commissioner in reaching the determination.

Section 89 [Economic impact estimates for changes to groundwater management area plans] requires the commissioner to provide estimates of the economic impact of new restrictions or policies for groundwater management area plans on existing and future groundwater users in the affected area.

Section 90 [Well interference claim calculations] requires agreements to settle well interference claims to take into account depreciation of 2.5 percent per year, for the first 30 years of the life of the complainant’s well when calculating the costs a permittee or permit applicant is responsible for.

Section 91 [Stipulations in civil actions relating to bodies of water] removes the requirement for Attorney General approval of state stipulations related to the location of the ordinary low-water mark on riparian land that is the subject of a civil action relating to the navigability or ownership of the bed of the adjacent body of water.

Section 92 [Public comment on impaired waters list] requires the commissioner of the PCA to allow at least 60 days for public comment of a draft impaired waters list required by the Clean Water Act. Authorizes a person to petition for a contested case hearing on the list.

Section 93 [Provision of draft NPDES and SDS permits to applicants] requires the commissioner of the PCA to provide an NPDES or SDS permit applicant with a copy of the draft permit at least 30 days before the distribution and public notice of the permit application and preliminary determination.

Section 94 [Inclusion of additional facilities in the landfill cleanup program] amends the definition of qualified facility under the landfill cleanup program statutes so that certain additional facilities may be included in the program.

Section 95 [Conforming change] makes a change to conform a statute with the change made in section 94.

Section 96 [Conforming change] makes a technical change to conform a statute with the change made in section 97.

Section 97 [Heating oil vendors not responsible for certain fuel oil releases] provides that a heating oil vendor is not responsible for a heating fuel oil release at a residential location if the release was caused solely by the failure of a tank owned by the homeowner.

Section 98 [Clean Air Act settlement money must be appropriated] prohibits the expenditure of Clean Air Act settlement money until it is appropriated by the legislature.

Section 99 [Extension of prohibition on new open air swine basins] extends to June 30, 2022, the current ban on Pollution Control Agency approval of permits for the construction of new open air swine basins. The prohibition is currently set to expire on June 30, 2017.

Section 100 [Use of Clean Air Act settlement money for propane school buses] appropriates money from the Clean Air Act settlement account in the environmental fund to provide grants to schools that purchase propane school buses or propane fueling stations.

Section 101 [Changes to Environmental Quality Board Membership] removes the Governor’s Office representative from the Environmental Quality Board membership. Expands from 5 to 8 the number of members of the general public on the Board, one from each congressional district.

Section 102 [Deeming of certain trails and portages as dedicated for public use] changes the statute that deems certain trails or portages to have been dedicated to the public to forest trails on established canoe routes, rather than state water trails.

Section 103 [Local government authority to sell certain lands] authorizes local governments to sell tracts or parcels of tax-forfeited land within a plat of record bordering on or adjacent to meandered lakes and other public waters in the manner otherwise provided by law for the sale of the lands, if it determines that it is in the public interest to do so.

Section 104 [Private sale of small amounts of state timber] authorizes private sale without advertising of up to 500 cords in appraised volume of state timber. Current law allows this for amounts of timber not exceeding $3,000 in value.

Section 105 [Prohibition on local bag bans] prohibits local governments from imposing a ban, fee, or tax on the use of paper, plastic, or reusable bags for packaging any item or good purchased from a merchant, itinerant vendor, or peddler.

Section 106 [Limit on rental rate for certain boathouse leases] Limits to fifty percent of the average market rate the amount that the state can charge those with boathouse leases at the Soudan Underground Mine State Park.

Section 107 [Removal of requirement to adopt silica sand rules] deletes language requiring the Pollution Control Agency to adopt rules pertaining to the control of particulate emissions from silica sand projects.

Section 108 [Motorboat carbon dioxide requirements] provides that existing functioning carbon monoxide systems that are not marine rated may be used to satisfy state carbon monoxide detection device requirements until September 30, 2017. 

Section 109 [Operation of Fort Ridgely State Park golf course] requires the commissioner of natural resources to work out an agreement with the city of Fairfax that allows the city to lease and operate the golf course at Fort Ridgely State Park.

Section 110 [Cancellation of water-use permits that are no longer required] cancels water-use permits that are no longer required in light of the changes enacted in section 60.

Section 111 [Extension of certain solid waste permits] extends solid waste permits issued to existing class I demolition debris landfill facilities that are operating under certain Pollution Control Agency guidance for a period of five years.

Section 112 [Disposition of sale proceeds from certain tax-forfeited land] requires the proceeds from the sale of certain tax-forfeited land purchased by the Fond du Lac Band of Lake Superior Chippewa to be deposited in an environmental trust fund established by the county. Interest may be used for purposes related to improving natural resources.

Section 113 [Issuance of water use permit for certain calcareous fens] requires issuance of water use permits for certain calcareous fens in Pipestone County, subject to certain conditions.

Section 114 [Sand Dunes State Forest management] prohibits commissioner from converting additional land to oak savanna at Sand Dunes State Forest unless done as a result of an existing contract. Requires the commissioner to convey an easement over and across state-owned lands in the Forest to the township under certain circumstances.

Section 115 [Effluent limitation compliance] requires the Pollution Control Agency to amend its rules so that if a municipality has begun construction on a treatment works facility at the time a new or modified effluent limitation is adopted, it is not required to comply with the new or modified standard for 16 years.

Section 116 [Temporary schedule for EQB member appointment] enacts temporary measures governing the membership of the Environmental Quality Board.

Section 117 [Point source implementation program; Detroit Lakes] exempts the city of Detroit Lakes from a limitation that would otherwise prohibit the city from receiving a point source implementation grant in an amount that exceeds 50% of the cost of the city's wastewater treatment facility’s phosphorus removal project.

Section 118 [Revisor’s instructions] instructs the revisor to make various technical and conforming changes.

Section 119 [Repealer] repeals the following statutes and rules:

• 84.026, subdivision 3 (Requires contractual and grant agreements to provide natural resources services to comply with section 16C.05)
• 97C.701, subdivisions 1a and 6 (taking mussels)
• 97C.705 (mussel seasons)
• 97C.711 (undersized mussels)
• Most of Rules Chapter 6258 (mussels)

Article 3 – Environmental Reforms

Section 1 [DNR permitting efficiency; public notice] requires the Commissioner of Natural Resources to issue a public notice of a complete individual Tier 2 permit within 150 days of a completed permit application when public notice of a permit is required, unless the applicant and the commissioner agree on a different date.  Before issuing the public notice, the commissioner must provide a copy of the draft permit and consider comments from the permit applicant.  This section also: (1) requires that the commissioner provide the permit applicant with a schedule for reviewing the permit application when the applicant receives a notice that an individual Tier 2 permit application is complete and the applicant requests the schedule; and (2) removes the requirement to report on Tier 1 permits.

Section 2 [DNR expedited permits] includes the preapplication process to what a permit applicant can pay to the Commissioner of Natural Resources for expedited permitting and requires the commissioner to provide a permit applicant with an estimate of the costs of the expedited permit.

Section 3 [DNR permits during shutdown] provides that during a state government shutdown:

1. DNR permits may not be terminated, be suspended, or expire without the consent of the permittee, except when the permittee is in breach or nonperformance or when there is an imminent threat; and
2. Environmental review may not be suspended or terminated.

Section 4 [DNR unadopted rules] directs the Commissioner of Natural Resources to not enforce an unadopted rule. If an unadopted rule is challenged, the commissioner must overcome a presumption against the unadopted rule. This section also provides that any guideline, bulletin, criterion, manual standard, interpretive pronouncement by the commissioner that is incorporated by reference into a rule must be revised only through rulemaking.

Section 5 [Nonferrous metallic mineral leases] provides that nonferrous metallic mineral leases shall not be canceled by the state for failure to meet production requirements prior to the 36^th year of the lease.

Section 6 [Mining permit appeals] provides that only final mining permit orders are appealable and they must be appealed directly to the Court of Appeals.

Section 7 [Wetland replacement siting] provides that wetland replacement sites identified in an EIS may be approved under the Wetland Conservation Act, within one year of the adequacy determination, without further modification.

Section 8 [Mitigation measures to protect rare natural communities] requires that measures to mitigate any adverse effect on a rare natural community be considered when determining whether or not such a community will be permanently adversely affected as part of the analysis of a wetland replacement plan.

Section 9 [Review of scientific basis for proposed PCA action] requires the Office of Administrative Hearings to independently review the scientific basis of proposed water quality-related actions of the PCA. Prior to conducting this review, OAH must convene a panel of experts to produce a written opinion on the scientific questions at issue if it receives the requisite number of review petitions. This written opinion becomes part of the administrative record and can form the basis for a finding that PCA has failed to demonstrate the need for or reasonableness of a proposed rule or can itself become a final decision.

Section 10 [PCA permitting efficiency] requires that the Commissioner of the Pollution Control Agency provide the permit applicant with a schedule for issuing an individual Tier 2 permit when the applicant receives a notice that the permit application is complete and the applicant requests the review.  This section also removes the reporting requirement for Tier 1 permits.

Section 11 [PCA public notice; permits] requires the Commissioner of the Pollution Control Agency to issue a public notice of a complete permit within 150 days of a completed individual Tier 2 permit application when public notice of a permit is required, unless the applicant and the commissioner agree on a different date.  Before issuing the public notice, the commissioner must provide a copy of draft permit and consider comments from the permit applicant.

Section 12 [PCA expedited permits] includes the preapplication process to what a permit applicant can pay to the Commissioner of the Pollution Control Agency for expedited permitting and requires the commissioner to provide a permit applicant with an estimate of the costs of the expedited permit.

Section 13 [PCA permits during shutdown] provides that during a state government shutdown:

1. PCA permits may not be terminated, be suspended, or expire without the consent of the permittee, except when the permittee is in breach or nonperformance or when there is an imminent threat; and
2. environmental review may not be suspended or terminated.

Section 14 [PCA unadopted rules] directs the Commissioner of the PCA to not enforce an unadopted rule.  If an unadopted rule is challenged, the commissioner must overcome a presumption against the unadopted rule. This section also provides that any guideline, bulletin, criterion, manual standard, interpretive pronouncement by the PCA that is incorporated by reference into a rule must be revised only through rulemaking.

Section 15 [EIS preparation] provides that when the environmental impact statement (EIS) notice of preparation is published, any agency with permitting responsibility for the project must accept and begin reviewing permit applications for the project.  This section also eliminates mandatory environmental review for feedlots that are not in environmentally sensitive areas.

Section 16 [Judicial review of an EIS] provides that appeal of a final decision on an EIS must be within 45 days of the final decision.  The time period under current law is 30 days after a party receives notice of the decision.

Section 17 [EIS assessment of costs] specifies that the assessment is only for the responsible governmental unit’s costs of the EIS preparation and allows a project proposer to prepare a draft EIS for submission.

Section 18 [Data concerning certain proposed actions subject to public disclosure] provides that the proposer of a specific action who prepares a draft environmental impact statement for that action is to be considered a governmental entity for government data practices purposes and all data related to the action constitutes public government data subject to disclosure under applicable statutes.

Section 19 [Suspension of certain water quality rules] suspends until July 1, 2019, the enforcement of water quality standards adopted on or after July 2, 2014, that require a local unit of government to upgrade or update its wastewater treatment facility or to construct a new wastewater treatment facility.