HF 3158

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/27/2014 03:21pm

A bill for an act
relating to state government; appropriating money for agriculture, environment,
and natural resources; modifying disposition of certain revenue; providing
compensation for certain bee deaths caused by pesticide poisoning; establishing
pollinator emergency response team; creating industrial hemp pilot program;
defining terms; providing for nonresident off-highway motorcycle state trail
pass; creating account; providing for certain grants; requiring certain recycling;
modifying solid waste reduction and recycling goals; modifying certain report
requirements; regulating harmful chemicals in children's products; modifying
water use permit processing fee requirements; providing for state parks and
trails license plates; providing for commercial dog and cat breeder licensing and
inspection; providing for Invasive Terrestrial Plants and Pests Center; modifying
prior appropriations; requiring reports; authorizing rulemaking; providing
criminal penalties; amending Minnesota Statutes 2012, sections 13.643,
subdivision 6; 13.7411, subdivision 8; 18B.01, by adding subdivisions; 18B.03,
by adding a subdivision; 18B.04; 84.788, subdivision 2; 85.053, subdivision 2;
85.34, subdivision 7; 85A.02, subdivision 2; 103G.271, subdivision 6; 115A.151;
115A.55, subdivision 4; 115A.551, subdivisions 1, 2a; 115A.557, subdivisions 2,
3; 116.9401; 116.9402; 116.9403; 116.9405; 116.9406; Laws 2008, chapter 363,
article 5, section 4, subdivision 7, as amended; Laws 2012, chapter 249, section
11; proposing coding for new law in Minnesota Statutes, chapters 18B; 19; 84; 85;
87A; 116; 168; 347; proposing coding for new law as Minnesota Statutes, chapter
18K; repealing Minnesota Statutes 2012, section 115A.551, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

AGRICULTURE, ENVIRONMENT AND NATURAL RESOURCES
APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

						new text begin 2015 new text end
new text begin General new text end					new text begin $ new text end	new text begin 16,000,000 new text end
new text begin Natural Resources new text end						new text begin 900,000 new text end
new text begin Game and Fish new text end						new text begin 3,000 new text end
new text begin Environment and Natural Resources Trust new text end						new text begin 490,000 new text end
new text begin Total new text end					new text begin $ new text end	new text begin 17,393,000 new text end

Sec. 2. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are added to the
appropriations in Laws 2013, chapter 114, or appropriated to the agencies and for the
purposes specified in this article. The appropriations are from the general fund, or another
named fund, and are available for the fiscal year indicated for each purpose. The figure
"2015" used in this article means that the addition to the appropriations listed under them
are available for the fiscal year ending June 30, 2015.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
						new text begin 2015 new text end

Sec. 3. new text begin AGRICULTURE. new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 1,911,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Department of Agriculture new text end

new text begin 1,601,000 new text end

new text begin $1,500,000 in 2015 is for a grant to Second
Harvest Heartland on behalf of the six
Feeding America food banks that serve
Minnesota to compensate agricultural
producers and processors for costs incurred
to harvest and package for transfer surplus
fruits, vegetables, or other agricultural
commodities that would otherwise go
unharvested or be discarded. Surplus
commodities must be distributed statewide
to food shelves and other charitable
organizations that are eligible to receive
food from the food banks. Surplus food
acquired under this appropriation must be
from Minnesota producers and processors.
Second Harvest Heartland must report when
required by, and in the form prescribed by,
the commissioner. Second Harvest Heartland
may use up to 11 percent of the grant for
administrative expenses. This appropriation
is added to the base.
new text end

new text begin $100,000 in 2015 is to compensate experts
evaluating pollinator death or illness as
authorized in Minnesota Statutes, section
18B.04. $65,000 is added to the base.
new text end

new text begin $1,000 in 2015 is for the industrial hemp
report required under article 2. This is a
onetime appropriation.
new text end

new text begin Subd. 3. new text end new text begin Board of Animal Health new text end

new text begin 310,000 new text end

new text begin $310,000 in 2015 is to administer the dog and
cat breeder licensing and inspection program.
The base in fiscal year 2016 is $426,000 and
the base in fiscal year 2017 is $435,000.
new text end

Sec. 4. new text begin POLLUTION CONTROL AGENCY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 7,336,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Water new text end

new text begin 1,000 new text end

new text begin $1,000 in 2015 is to compile information
on the presence of plastic microbeads in the
state's waters and their potential impacts
on aquatic ecosystems and human health,
in consultation with the University of
Minnesota. No later than December 15,
2014, the commissioner must present the
information to the legislative committees
with jurisdiction over environment and
natural resources policy and finance and
make recommendations. This is a onetime
appropriation.
new text end

new text begin Subd. 3. new text end new text begin Environmental Assistance and Cross-Media new text end

new text begin 7,335,000 new text end

new text begin $7,000,000 in 2015 is for the purposes
of Minnesota Statutes, section 115A.557,
subdivision 2. This appropriation is added
to the base.
new text end

new text begin $335,000 in 2015 is for costs incurred
implementing Minnesota Statutes, sections
116.9401 to 116.9425. This is a onetime
appropriation.
new text end

Sec. 5. new text begin NATURAL RESOURCES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 2,107,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin new text end	new text begin 1,654,000 new text end
new text begin Game and Fish new text end	new text begin new text end	new text begin 3,000 new text end
new text begin Natural Resources new text end		new text begin 450,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Ecological and Water Resources new text end

new text begin 50,000 new text end

new text begin $50,000 in 2015 is for a study of the effects
of the Lake Emily dam in Crow Wing County
on water clarity and water levels in Lake
Emily, Lake Mary, and the Little Pine River.
This is a onetime appropriation.
new text end

new text begin Subd. 3. new text end new text begin Parks and Trails Management new text end

new text begin 2,045,000 new text end

new text begin $1,595,000 in 2015 is for the improvement,
maintenance, and conditions of facilities and
infrastructure in state parks for safety and
general use. This is a onetime appropriation.
new text end

new text begin $450,000 in 2015 is from the natural
resources fund for state trail, park, and
recreation area operations. This appropriation
is from the revenue deposited in the natural
resources fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause (2).
This is a onetime appropriation.
new text end

new text begin Subd. 4. new text end new text begin Fish and Wildlife Management new text end

new text begin 12,000 new text end

new text begin $3,000 in 2015 is from the game and fish fund
for a report on aquatic plant management
permitting policies for the management
of narrow-leaved and hybrid cattail in a
range of basin types across the state. The
report shall be submitted to the chairs and
ranking minority members of the house of
representatives and senate committees with
jurisdiction over environment and natural
resources by December 15, 2014, and include
recommendations for any necessary changes
in statutes, rules, or permitting procedures.
This is a onetime appropriation.
new text end

new text begin $9,000 in 2015 is for the commissioner,
in consultation with interested parties,
agencies, and other states, to develop a
detailed restoration plan to recover the
historical native population of bobwhite
quail in Minnesota for its ecological and
recreational benefits to the citizens of the
state. The commissioner shall conduct public
meetings in developing the plan. No later
than January 15, 2015, the commissioner
must report on the plan's progress to the
legislative committees with jurisdiction over
environment and natural resources policy
and finance. This is a onetime appropriation.
new text end

Sec. 6. new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end

new text begin 450,000 new text end

new text begin $450,000 in 2015 is from the natural
resources fund for metropolitan area regional
parks and trails maintenance and operations.
This appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (3). This is a onetime
appropriation.
new text end

Sec. 7. new text begin UNIVERSITY OF MINNESOTA new text end

new text begin $ new text end

new text begin 5,589,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end		new text begin 5,099,000 new text end
new text begin Environment and Natural Resources Trust new text end		new text begin 490,000 new text end

new text begin $ 5,099,000 in 2015 is from the general fund
for the Invasive Terrestrial Plants and Pests
Center requested under this act, including a
director, graduate students, and necessary
supplies. This is a onetime appropriation and
is available until June 30, 2025.
new text end

new text begin $490,000 in 2015 is from the environment
and natural resources trust fund for the
Invasive Terrestrial Plants and Pests Center
requested under this act, including a director,
graduate students, and necessary supplies.
This is a onetime appropriation and is
available until June 30, 2025.
new text end

new text begin $970,000 from the environment and natural
resources trust fund appropriated in Laws
2011, First Special Session chapter 2, article
3, section 2, subdivision 9, paragraph (d),
Reinvest in Minnesota Wetlands Reserve
Acquisition and Restoration Program
Partnership, is transferred to the Board of
Regents of the University of Minnesota for
the Invasive Terrestrial Plants and Pests
Center requested under this act, including a
director, graduate students, and necessary
supplies and is available until June 30, 2025.
new text end

ARTICLE 2

AGRICULTURE, ENVIRONMENT AND NATURAL RESOURCES
FISCAL IMPLEMENTATION PROVISIONS

Section 1.

Minnesota Statutes 2012, section 13.643, subdivision 6, is amended to read:

Subd. 6.

Animal premises data.

(a) The following data collected and maintained
by the Board of Animal Health related to registration and identification of premises and
animals under chapter 35, are classified as private or nonpublic:

(1) the names and addresses;

(2) the location of the premises where animals are kept; and

(3) the identification number of the premises or the animal.

new text begin (b) Except as provided in section 347.58, subdivision 5, data collected and
maintained by the Board of Animal Health under sections 347.57 to 347.64 are classified
as private or nonpublic.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The Board of Animal Health may disclose data collected under paragraph (a)
new text begin or (b) new text end to any person, agency, or to the public if the board determines that the access will
aid in the law enforcement process or the protection of public or animal health or safety.

Sec. 2.

Minnesota Statutes 2012, section 13.7411, subdivision 8, is amended to read:

Subd. 8.

Pollution Control Agency.

(a) Hazardous waste generators.
Information provided by hazardous waste generators under section 473.151 and for which
confidentiality is claimed is governed by section 116.075, subdivision 2.

(b) Tests. Trade secret information made available by applicants for certain projects
of the Pollution Control Agency is classified under section 116.54.

new text begin (c) Priority chemicals. Information submitted to the Pollution Control Agency
related to priority chemicals in children's products is classified under section 116.9403.
new text end

Sec. 3.

Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin Apiary. new text end

new text begin "Apiary" means a place where a collection of one or more hives
or colonies of bees or the nuclei of bees are kept.
new text end

Sec. 4.

Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Bee. new text end

new text begin "Bee" means any stage of the common honeybee, Apis mellifera (L).
new text end

Sec. 5.

Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Bee owner. new text end

new text begin "Bee owner" means a person who owns an apiary.
new text end

Sec. 6.

Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
to read:

new text begin Subd. 4c. new text end

new text begin Colony. new text end

new text begin "Colony" means the aggregate of worker bees, drones, the queen,
and developing young bees living together as a family unit in a hive or other dwelling.
new text end

Sec. 7.

Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
to read:

new text begin Subd. 11a. new text end

new text begin Hive. new text end

new text begin "Hive" means a frame hive, box hive, box, barrel, log gum, skep,
or any other receptacle or container, natural or artificial, or any part of one, which is
used as domicile for bees.
new text end

Sec. 8.

Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
to read:

new text begin Subd. 20a. new text end

new text begin Pollinator. new text end

new text begin "Pollinator" means an insect that pollinates flowers.
new text end

Sec. 9.

Minnesota Statutes 2012, section 18B.03, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Pollinator enforcement. new text end

new text begin The commissioner may take enforcement action
under chapter 18D for a violation of this chapter, or any rule adopted under this chapter,
that results in harm to pollinators, including but not limited to applying a pesticide in
a manner inconsistent with the pesticide product's label or labeling and resulting in
pollinator death or willfully applying pesticide in a manner inconsistent with the pesticide
product's label or labeling. The commissioner must deposit any penalty collected under
this subdivision in the pesticide regulatory account in section 18B.05.
new text end

Sec. 10.

Minnesota Statutes 2012, section 18B.04, is amended to read:

18B.04 PESTICIDE IMPACT ON ENVIRONMENT.

new text begin (a) new text end The commissioner shall:

(1) determine the impact of pesticides on the environment, including the impacts on
surface water and groundwater in this state;

(2) develop best management practices involving pesticide distribution, storage,
handling, use, and disposal; and

(3) cooperate with and assist other state agencies and local governments to protect
public health new text begin , pollinators, new text end and the environment from harmful exposure to pesticides.

new text begin (b) The commissioner may assemble a group of experts under section 16C.10,
subdivision 2, to consult in the investigation of pollinator deaths or illnesses. The group of
experts may include representatives from local, state, and federal agencies; academia; the
state pollinator bank; or other professionals as deemed necessary by the commissioner.
new text end

Sec. 11.

new text begin [18B.055] COMPENSATION FOR BEES KILLED BY PESTICIDE;
APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Compensation required. new text end

new text begin (a) The commissioner of agriculture
must compensate a person for an acute pesticide poisoning resulting in the death of bees
owned by the person, provided:
new text end

new text begin (1) the person who applied the pesticide cannot be determined;
new text end

new text begin (2) the person who applied the pesticide did so in a manner consistent with the
pesticide product's label or labeling; or
new text end

new text begin (3) the person who applied the pesticide did so in a manner inconsistent with the
pesticide product's label or labeling.
new text end

new text begin (b) Except as provided in this section, the bee owner is entitled to the fair market
value of the dead bees as determined by the commissioner upon recommendation by
academic experts and bee keepers. In any fiscal year, a bee owner must not be compensated
for a claim that is less than $100 or compensated more than $20,000 for all eligible claims.
new text end

new text begin Subd. 2. new text end

new text begin Applicator responsible. new text end

new text begin In the event a person applies a pesticide in a
manner inconsistent with the pesticide product's label or labeling requirements as approved
by the commissioner and is determined to have caused the acute pesticide poisoning of
bees, resulting in death, kept for commercial purposes, then the person so identified must
bear the responsibility of restitution for the value of the bees to the bee owner. In such
cases the commissioner must not provide compensation as provided in this section.
new text end

new text begin Subd. 3. new text end

new text begin Claim form. new text end

new text begin The bee owner must file a claim on forms provided by the
commissioner and available on the Department of Agriculture's Web site.
new text end

new text begin Subd. 4. new text end

new text begin Determination. new text end

new text begin The commissioner must determine whether the death of
the bees was caused by an acute pesticide poisoning, whether the pesticide applicator can
be determined, and whether the pesticide applicator applied the pesticide product in a
manner consistent with the pesticide product's label or labeling.
new text end

new text begin Subd. 5. new text end

new text begin Payments; denial of compensation. new text end

new text begin (a) If the commissioner determines
the bee death was caused by an acute pesticide poisoning and either the pesticide
applicator cannot be determined or the pesticide applicator applied the pesticide product in
a manner consistent with the pesticide product's label or labeling, the commissioner may
award compensation from the pesticide regulatory account. If the pesticide applicator can
be determined and the applicator applied the pesticide product in a manner inconsistent
with the product's label or labeling, the commissioner may collect a penalty from the
pesticide applicator sufficient to compensate the bee owner for the fair market value of the
dead bees and must award the money to the bee owner.
new text end

new text begin (b) If the commissioner denies compensation claimed by a bee owner under this
section, the commissioner must issue a written decision based upon the available evidence.
The decision must include specification of the facts upon which the decision is based and
the conclusions on the material issues of the claim. The commissioner must mail a copy
of the decision to the bee owner.
new text end

new text begin (c) A decision to deny compensation claimed under this section is not subject to the
contested case review procedures of chapter 14, but may be reviewed upon a trial de
novo in a court in the county where the loss occurred. The decision of the court may be
appealed as in other civil cases. Review in court may be obtained by filing a petition for
review with the administrator of the court within 60 days following receipt of a decision
under this section. Upon the filing of a petition, the administrator must mail a copy to the
commissioner and set a time for hearing within 90 days of the filing.
new text end

new text begin Subd. 6. new text end

new text begin Deduction from payment. new text end

new text begin In order to be eligible for compensation under
this section, a bee owner must document that at the time of the loss the bee owner had
insurance sufficient to cover up to 50 percent of the total value of the owner's colony.
The commissioner must reduce payments made under this section by any compensation
received by the bee owner as proceeds from an insurance policy or from another source.
new text end

new text begin Subd. 7. new text end

new text begin Appropriation. new text end

new text begin The amount necessary to pay claims under this section,
not to exceed $150,000 per fiscal year, is appropriated from the pesticide regulatory
account in section 18B.05.
new text end

Sec. 12.

new text begin [18K.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of agriculture.
new text end

new text begin Subd. 3. new text end

new text begin Industrial hemp. new text end

new text begin "Industrial hemp" means the plant Cannabis sativa L.
and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol
concentration of not more than 0.3 percent on a dry weight basis.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 13.

new text begin [18K.03] PILOT PROGRAM; OTHER RESEARCH AUTHORIZED.
new text end

new text begin Subdivision 1. new text end

new text begin Authorized activity. new text end

new text begin The commissioner may grow or cultivate
industrial hemp pursuant to a pilot program administered by the commissioner to study
the growth, cultivation, or marketing of industrial hemp. The commissioner may
authorize institutions of higher education to grow or cultivate industrial hemp as part
of the commissioner's pilot program or as is necessary to perform other agricultural or
academic research.
new text end

new text begin Subd. 2. new text end

new text begin Site registration. new text end

new text begin Before growing or cultivating industrial hemp, each site
must be certified by and registered with the commissioner. A person must register each
site in the form prescribed by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Rulemaking. new text end

new text begin The commissioner may adopt rules that govern the pilot
program in accordance with this section and Public Law 113-79.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 14.

new text begin [19.70] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of this chapter the terms defined in this
section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Abandoned apiary. new text end

new text begin "Abandoned apiary" means any apiary not regularly
attended in accordance with good beekeeping practices and which constitutes a disease or
parasite hazard to the beekeeping industry.
new text end

new text begin Subd. 3. new text end

new text begin Africanized honeybees. new text end

new text begin "Africanized honeybees" means Africanized
honeybees using United States Department of Agriculture standards.
new text end

new text begin Subd. 4. new text end

new text begin Bee diseases. new text end

new text begin "Bee diseases" means infectious, contagious, or harmful
diseases including but not limited to: American or European foulbrood, sacbrood,
chalkbrood, Nosema, bee paralysis, or abnormal condition of egg, larval, pupal, or adult
stages of bees.
new text end

new text begin Subd. 5. new text end

new text begin Bee equipment. new text end

new text begin "Bee equipment" means hives, supers, frames, veils,
gloves, and any apparatus, tool, machine, vehicle, or other device used in the handling,
moving, or manipulating of bees, honey, wax, or hives, including containers of honey or
wax which may be used in an apiary or in transporting bees and their products and apiary
supplies.
new text end

new text begin Subd. 6. new text end

new text begin Beekeeper. new text end

new text begin "Beekeeper" means a person who keeps bees.
new text end

new text begin Subd. 7. new text end

new text begin Beekeeping. new text end

new text begin "Beekeeping" means the moving, raising, and producing of
bees, beeswax, honey, related products, and pollination.
new text end

new text begin Subd. 8. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of agriculture
or the commissioner's authorized agents.
new text end

new text begin Subd. 9. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Agriculture.
new text end

new text begin Subd. 10. new text end

new text begin Exotic parasite. new text end

new text begin "Exotic parasite" means any parasite harmful to bees
including but not limited to: Varroa jacobsoni, Tropilaelaps clareae, or Acarapis woodi.
new text end

new text begin Subd. 11. new text end

new text begin Queen apiary. new text end

new text begin "Queen apiary" means any apiary or premises in which
queen bees are reared or kept for sale or gift.
new text end

Sec. 15.

Minnesota Statutes 2012, section 84.788, subdivision 2, is amended to read:

Subd. 2.

Exemptions.

Registration is not required for off-highway motorcycles:

(1) owned and used by the United States, an Indian tribal government, the state,
another state, or a political subdivision;

(2) registered in another state or country that have not been within this state for
more than 30 consecutive days; deleted text begin or
deleted text end

(3) registered under chapter 168, when operated on forest roads to gain access to a
state forest campground new text begin ;
new text end

new text begin (4) used exclusively in organized track racing events;
new text end

new text begin (5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident
off-highway motorcycle state trail pass; or
new text end

new text begin (6) operated by a person participating in an event for which the commissioner has
issued a special use permit new text end .

Sec. 16.

new text begin [84.7945] NONRESIDENT OFF-HIGHWAY MOTORCYCLE STATE
TRAIL PASS.
new text end

new text begin Subdivision 1. new text end

new text begin Pass required; fee. new text end

new text begin (a) A tribal member exempt from registration
under section 84.788, subdivision 2, clause (2), or a nonresident, may not operate an
off-highway motorcycle on a state or grant-in-aid off-highway motorcycle trail unless the
operator carries a valid nonresident off-highway motorcycle state trail pass in immediate
possession. The pass must be available for inspection by a peace officer, a conservation
officer, or an employee designated under section 84.0835.
new text end

new text begin (b) The commissioner of natural resources shall issue a pass upon application and
payment of a $20 fee. The pass is valid from January 1 through December 31. Fees
collected under this section, except for the issuing fee for licensing agents, shall be
deposited in the state treasury and credited to the off-highway motorcycle account in
the natural resources fund and, except for the electronic licensing system commission
established by the commissioner under section 84.027, subdivision 15, must be used for
grants-in-aid to counties and municipalities for off-highway motorcycle organizations to
construct and maintain off-highway motorcycle trails and use areas.
new text end

new text begin (c) A nonresident off-highway motorcycle state trail pass is not required for:
new text end

new text begin (1) an off-highway motorcycle that is owned and used by the United States, another
state, or a political subdivision thereof that is exempt from registration under section
84.788, subdivision 2;
new text end

new text begin (2) a person operating an off-highway motorcycle only on the portion of a trail that
is owned by the person or the person's spouse, child, or parent; or
new text end

new text begin (3) a nonresident operating an off-highway motorcycle that is registered according
to section 84.788.
new text end

new text begin Subd. 2. new text end

new text begin License agents. new text end

new text begin The commissioner may appoint agents to issue and sell
nonresident off-highway motorcycle state trail passes. The commissioner may revoke the
appointment of an agent at any time. The commissioner may adopt additional rules as
provided in section 97A.485, subdivision 11. An agent shall observe all rules adopted
by the commissioner for accounting and handling of passes pursuant to section 97A.485,
subdivision 11. An agent shall promptly deposit and remit all money received from the
sale of the passes, exclusive of the issuing fee, to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Issuance of passes. new text end

new text begin The commissioner and agents shall issue and sell
nonresident off-highway motorcycle state trail passes. The commissioner shall also make
the passes available through the electronic licensing system established under section
84.027, subdivision 15.
new text end

new text begin Subd. 4. new text end

new text begin Agent's fee. new text end

new text begin In addition to the fee for a pass, an issuing fee of $1 per pass
shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees
for passes issued by the commissioner shall be deposited in the off-highway motorcycle
account in the natural resources fund and retained for the operation of the electronic
licensing system.
new text end

new text begin Subd. 5. new text end

new text begin Duplicate passes. new text end

new text begin The commissioner and agents shall issue a duplicate
pass to persons whose pass is lost or destroyed using the process established under section
97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate nonresident
off-highway motorcycle state trail pass is $2, with an issuing fee of 50 cents.
new text end

Sec. 17.

Minnesota Statutes 2012, section 85.053, subdivision 2, is amended to read:

Subd. 2.

Requirement.

Except as provided in section 85.054, a motor vehicle
may not enter a state park, state recreation area, or state wayside over 50 acres in area,
without a state park permit issued under this section new text begin or a state parks and trails plate issued
under section 168.1295 new text end . Except for vehicles permitted under subdivisions 7, paragraph
(a), clause (2), and 8, the state park permit must be affixed to the lower right corner
windshield of the motor vehicle and must be completely affixed by its own adhesive to
the windshield, or the commissioner may, by written order, provide an alternative means
to display and validate state park permits.

Sec. 18.

new text begin [85.056] STATE PARKS AND TRAILS DONATION ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The state parks and trails donation account is
established as a separate account in the natural resources fund. The account shall be
administered by the commissioner of natural resources as provided in this section.
new text end

new text begin Subd. 2. new text end

new text begin Funding sources. new text end

new text begin The state parks and trails donation account shall consist
of contributions made under section 168.1295 and other contributions. The contributions
may be made in cash, property, land, or interests in land.
new text end

new text begin Subd. 3. new text end

new text begin Uses. new text end

new text begin Money in the account is appropriated to the commissioner of natural
resources to operate and maintain the state parks and trails system.
new text end

Sec. 19.

Minnesota Statutes 2012, section 85.34, subdivision 7, is amended to read:

Subd. 7.

Disposition of proceeds.

(a) All revenue derived from the lease of the Fort
Snelling upper bluff, with the exception of payment for costs of the water line as described
in subdivision 6, shall be deposited in the natural resources fund and credited to a state
park account. new text begin Interest earned on the money in the account accrues to the account.
new text end

(b) Revenue and expenses from the upper bluff shall be tracked separately within
the account. Money in the account derived from the leasing or operation of the property
described in subdivision 1 deleted text begin may be deleted text end new text begin is new text end appropriated new text begin annually to the commissioner new text end for
the payment of expenses attributable to the leasing new text begin , development, new text end and operation of the
property described in subdivision 1, including, but not limited to, the maintenance, repair,
and rehabilitation of historic buildings and landscapes.

Sec. 20.

Minnesota Statutes 2012, section 85A.02, subdivision 2, is amended to read:

Subd. 2.

Zoological Garden.

The board shall acquire, construct, equip, operate
and maintain the Minnesota Zoological Garden at a site in Dakota County legally
described in Laws 1975, chapter 382, section 12. The Zoological Garden shall consist
of adequate facilities and structures for the collection, habitation, preservation, care,
exhibition, examination or study of wild and domestic animals, including, but not limited
to mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. The board
may provide such lands, buildings and equipment as it deems necessary for parking,
transportation, entertainment, education or instruction of the public in connection with
such Zoological Garden. new text begin The Zoological Garden is the official pollinator bank for the state
of Minnesota. For purposes of this subdivision, "pollinator bank" means a program to
avert the extinction of pollinator species by cultivating insurance breeding populations.
new text end

Sec. 21.

new text begin [87A.10] TRAP SHOOTING SPORTS FACILITY GRANTS.
new text end

new text begin The commissioner of natural resources shall administer a program to provide
cost-share grants to local recreational trap shooting clubs for up to 50 percent of the costs
of developing or rehabilitating trap shooting sports facilities for public use. A facility
rehabilitated or developed with a grant under this section must be open to the general
public at reasonable times and for a reasonable fee on a walk-in basis. The commissioner
shall give preference to projects that will provide the most opportunities for youth.
new text end

Sec. 22.

Minnesota Statutes 2012, section 103G.271, subdivision 6, is amended to read:

Subd. 6.

Water use permit processing fee.

(a) Except as described in paragraphs
(b) to deleted text begin (f) deleted text end new text begin (g) new text end , a water use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water use permit in force
at any time during the year. Fees collected under this paragraph are credited to the water
management account in the natural resources fund. The schedule is as follows, with the
stated fee in each clause applied to the total amount appropriated:

(1) $140 for amounts not exceeding 50,000,000 gallons per year;

(2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
than 100,000,000 gallons per year;

(3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
than 150,000,000 gallons per year;

(4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
less than 200,000,000 gallons per year;

(5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
than 250,000,000 gallons per year;

(6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
less than 300,000,000 gallons per year;

(7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
than 350,000,000 gallons per year;

(8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
less than 400,000,000 gallons per year;

(9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
than 450,000,000 gallons per year;

(10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
less than 500,000,000 gallons per year; and

(11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.

(b) For once-through cooling systems, a water use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water use
permit in force at any time during the year:

(1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and

(2) for all other users, $420 per 1,000,000 gallons.

(c) The fee is payable based on the amount of water appropriated during the year
and, except as provided in paragraph (f), the minimum fee is $100.

(d) For water use processing fees other than once-through cooling systems:

(1) the fee for a city of the first class may not exceed $250,000 per year;

(2) the fee for other entities for any permitted use may not exceed:

(i) $60,000 per year for an entity holding three or fewer permits;

(ii) $90,000 per year for an entity holding four or five permits; or

(iii) $300,000 per year for an entity holding more than five permits;

(3) the fee for agricultural irrigation may not exceed $750 per year;

(4) the fee for a municipality that furnishes electric service and cogenerates steam
for home heating may not exceed $10,000 for its permit for water use related to the
cogeneration of electricity and steam; and

(5) no fee is required for a project involving the appropriation of surface water to
prevent flood damage or to remove flood waters during a period of flooding, as determined
by the commissioner.

(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.

(f) The minimum water use processing fee for a permit issued for irrigation of
agricultural land is $20 for years in which:

(1) there is no appropriation of water under the permit; or

(2) the permit is suspended for more than seven consecutive days between May 1
and October 1.

new text begin (g) The commissioner shall waive the water use permit fee for installations and
projects that use storm water runoff or where public entities treat public waters of the
state, unless the commissioner determines that the proposed use adversely affects surface
water or ground water to a significant extent.
new text end

deleted text begin (g) deleted text end new text begin (h) new text end A surcharge of $30 per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used in each of the months of June,
July, and August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
with more than one permit shall be determined based on the total appropriations from all
permits that supply a common distribution system.

Sec. 23.

Minnesota Statutes 2012, section 115A.151, is amended to read:

115A.151 RECYCLABLE MATERIAL CONTAINER REQUIREMENTS;
PUBLIC ENTITIES new text begin , SPORTS FACILITIES, AND COMMERCIAL BUILDINGS new text end .

(a) A public entity new text begin , the owner of a sports facility, and the owner of a commercial
building new text end shall:

(1) ensure that facilities under its control, from which mixed municipal solid waste
is collected, have containers for at least three recyclable materials, such as, but not limited
to, paper, glass, plastic, and metal; and

(2) transfer all recyclable materials collected to a recycler.

(b) For the purposes of this section:

(1) "public entity" means the state, an office, agency, or institution of the state,
the Metropolitan Council, a metropolitan agency, the Metropolitan Mosquito Control
Commission, the legislature, the courts, a county, a statutory or home rule charter city, a
town, a school district, a special taxing district, or any entity that receives an appropriation
from the state for a capital improvement project after August 1, 2002;

(2) "metropolitan agency" and "Metropolitan Council," have the meanings given
them in section 473.121; deleted text begin and
deleted text end

(3) "Metropolitan Mosquito Control Commission" means the commission created
in section 473.702 new text begin ;
new text end

new text begin (4) "commercial building" means a building that contains a business classified in
sectors 42 to 81 under the North American Industrial Classification System and that
contracts for two cubic yards or more per week of solid waste collection; and
new text end

new text begin (5) "sports facility" means a professional or collegiate sports facility at which
competitions take place before a public audience new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 24.

Minnesota Statutes 2012, section 115A.55, subdivision 4, is amended to read:

Subd. 4.

Statewide source reduction goal.

(a) It is a goal of the state deleted text begin that there
be a minimum ten percent per capita reduction in the amount of mixed deleted text end new text begin and counties to
reduce the generation of new text end municipal solid waste deleted text begin generated in the state by December 31,
2000, based on a reasonable estimate of the amount of mixed municipal solid waste that
was generated in calendar year 1993 deleted text end .

(b) As part of the deleted text begin 1997 deleted text end report required under section 115A.411, the commissioner
shall submit to the senate and house of representatives committees having jurisdiction
over environment and natural resources and environment and natural resources finance
a proposed strategy for meeting the goal in paragraph (a). The strategy must include a
discussion of the different reduction potentials to be found in various sectors and may
include recommended interim goals. The commissioner shall report progress on meeting
the goal in paragraph (a), as well as recommendations and revisions to the proposed
strategy, as part of the deleted text begin 1999 deleted text end report required under section 115A.411.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 25.

Minnesota Statutes 2012, section 115A.551, subdivision 1, is amended to read:

Subdivision 1.

Definition.

(a) For the purposes of this section, "recycling" means,
in addition to the meaning given in section 115A.03, subdivision 25b, yard waste new text begin and
source-separated compostable materials new text end composting deleted text begin , deleted text end and recycling that occurs through
mechanical or hand separation of materials that are then delivered deleted text begin for reuse in their
original form or deleted text end for use in manufacturing processes that do not cause the destruction of
recyclable materials in a manner that precludes further use.

(b) For the purposes of this section, "total solid waste generation" means the total
by weight of:

(1) materials separated for recycling;

(2) materials separated for yard waste new text begin and source-separated compostable materials
new text end composting;

(3) mixed municipal solid waste plus deleted text begin yard waste, deleted text end motor and vehicle fluids and
filters, tires, lead acid batteries, and major appliances; and

(4) residential new text begin and commercial new text end waste materials that would be mixed municipal solid
waste but for the fact that they are not collected as such.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 26.

Minnesota Statutes 2012, section 115A.551, subdivision 2a, is amended to read:

Subd. 2a.

deleted text begin Supplementary deleted text end new text begin County new text end recycling goals.

new text begin (a) new text end By December 31, deleted text begin 1996
deleted text end new text begin 2030 new text end , each county will have as a goal to recycle the following amounts:

(1) for a county outside of the metropolitan area, 35 percent by weight of total
solid waste generation; new text begin and
new text end

(2) for a metropolitan county, deleted text begin 50 deleted text end new text begin 75 new text end percent by weight of total solid waste generation.

new text begin (b) new text end Each county will develop and implement or require political subdivisions within
the county to develop and implement programs, practices, or methods designed to meet its
recycling goal. Nothing in this section or in any other law may be construed to prohibit a
county from establishing a higher recycling goal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 27.

Minnesota Statutes 2012, section 115A.557, subdivision 2, is amended to read:

Subd. 2.

Purposes for which money may be spent.

new text begin (a) new text end A county receiving money
distributed by the commissioner under this section may use the money only for the
development and implementation of programs to:

(1) reduce the amount of solid waste generated;

(2) recycle the maximum amount of solid waste technically feasible;

(3) create and support markets for recycled products;

(4) remove problem materials from the solid waste stream and develop proper
disposal options for them;

(5) inform and educate all sectors of the public about proper solid waste management
procedures;

(6) provide technical assistance to public and private entities to ensure proper solid
waste management;

(7) provide educational, technical, and financial assistance for litter prevention; deleted text begin and
deleted text end

(8) process mixed municipal solid waste generated in the county at a resource
recovery facility located in Minnesota new text begin ; and
new text end

new text begin (9) compost source-separated compostable materials, including the provision of
receptacles for residential composting new text end .

new text begin (b) Beginning in fiscal year 2015 and continuing thereafter, of any money distributed
by the commissioner under this section to a metropolitan county, as defined in section
473.121, subdivision 4, that exceeds the amount the county was eligible to receive under
this section in fiscal year 2014: (1) at least 50 percent must be expended on activities
in paragraph (a), clause (9); and (2) the remainder must be expended on activities in
paragraph (a), clauses (1) to (7) and (9) that advance the county toward achieving its
recycling goal under section 115A.551.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 28.

Minnesota Statutes 2012, section 115A.557, subdivision 3, is amended to read:

Subd. 3.

Eligibility to receive money.

(a) To be eligible to receive money distributed
by the commissioner under this section, a county shall within one year of October 4, 1989:

(1) create a separate account in its general fund to credit the money; and

(2) set up accounting procedures to ensure that money in the separate account is
spent only for the purposes in subdivision 2.

(b) In each following year, each county shall also:

(1) have in place an approved solid waste management plan or master plan including
a recycling implementation strategy under section 115A.551, subdivision 7, and a
household hazardous waste management plan under section 115A.96, subdivision 6,
by the dates specified in those provisions;

(2) submit a report by April 1 of each year to the commissioner new text begin , which may be
submitted electronically and must be posted on the agency's Web site, new text end detailing for the
previous calendar year:

(i) how the money was spent including, but not limited to, new text begin specific recycling and
composting activities undertaken to increase the county's proportion of solid waste
recycled in order to achieve its recycling goal established in section 115A.551; new text end specific
information on the number of employees performing SCORE planning, oversight, and
administration; the percentage of those employees' total work time allocated to SCORE
planning, oversight, and administration; the specific duties and responsibilities of those
employees; and the amount of staff salary for these SCORE duties and responsibilities of
the employees; and

(ii) the resulting gains achieved in solid waste management practices; and

(3) provide evidence to the commissioner that local revenue equal to 25 percent of
the money sought for distribution under this section will be spent for the purposes in
subdivision 2.

(c) The commissioner shall withhold all or part of the funds to be distributed
to a county under this section if the county fails to comply with this subdivision and
subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 29.

Minnesota Statutes 2012, section 116.9401, is amended to read:

116.9401 DEFINITIONS.

(a) For the purposes of sections 116.9401 to deleted text begin 116.9407 deleted text end new text begin 116.9425 new text end , the following terms
have the meanings given them.

(b) "Agency" means the Pollution Control Agency.

(c) "Alternative" means a substitute process, product, material, chemical, strategy,
or combination of these that is technically feasible and serves a functionally equivalent
purpose to a chemical in a children's product.

(d) "Chemical" means a substance with a distinct molecular composition or a group
of structurally related substances and includes the breakdown products of the substance or
substances that form through decomposition, degradation, or metabolism.

(e) "Chemical of high concern" means a chemical identified on the basis of credible
scientific evidence by a state, federal, or international agency as being known or suspected
with a high degree of probability to:

(1) harm the normal development of a fetus or child or cause other developmental
toxicity;

(2) cause cancer, genetic damage, or reproductive harm;

(3) disrupt the endocrine or hormone system;

(4) damage the nervous system, immune system, or organs, or cause other systemic
toxicity;

(5) be persistent, bioaccumulative, and toxic; or

(6) be very persistent and very bioaccumulative.

(f) "Child" means a person under 12 years of age.

(g) "Children's product" means a consumer product intended for use by children,
such as baby products, toys, car seats, personal care products, and clothing.

(h) "Commissioner" means the commissioner of the Pollution Control Agency.

(i) new text begin "Contaminant" means a trace amount of a chemical that is incidental to
manufacturing and serves no intended function in the product component. Contaminant
includes, but is not limited to, unintended by-products of chemical reactions that
occur during the manufacture of the product component, trace impurities in feedstock,
incompletely reacted chemical mixtures, and degradation products.
new text end

new text begin (j) new text end "Department" means the Department of Health.

deleted text begin (j) deleted text end new text begin (k) new text end "Distributor" means a person who sells consumer products to retail
establishments on a wholesale basis.

deleted text begin (k) deleted text end new text begin (l) new text end "Green chemistry" means an approach to designing and manufacturing
products that minimizes the use and generation of toxic substances.

new text begin (m) "Intentionally added chemical" means a chemical in a product that serves an
intended function in the product component.
new text end

deleted text begin (l) deleted text end new text begin (n) new text end "Manufacturer" means any person who manufactures a final consumer product
sold at retail or whose brand name is affixed to the consumer product. In the case of a
consumer product imported into the United States, manufacturer includes the importer
or domestic distributor of the consumer product if the person who manufactured or
assembled the consumer product or whose brand name is affixed to the consumer product
does not have a presence in the United States.

new text begin (o) "Mouthable" means a product that can be placed into and kept in a child's
mouth to be sucked or chewed, including any product or product part smaller than five
centimeters in one dimension. A product that can only be licked is not mouthable.
new text end

new text begin (p) "Practical quantification limit" means the lowest concentration of a chemical that
can be reliably measured within specified limits of precision, accuracy, representativeness,
completeness, and comparability under routine laboratory operating conditions and the
value of which:
new text end

new text begin (1) is based on scientifically defensible, standard analytical methods;
new text end

new text begin (2) may vary depending on the matrix and analytical method used; and
new text end

new text begin (3) will be determined by the commissioner, taking into consideration practical
quantification limits established by federal or state agencies.
new text end

deleted text begin (m) deleted text end new text begin (q) new text end "Priority chemical" means a chemical identified by the Department of Health
as a chemical of high concern that meets the criteria in section 116.9403.

new text begin (r) "Product category" means the brick level of the GS1 Global Product Classification
(GPC) standard, which identifies products that serve a common purpose, are of a similar
form and material, and share the same set of category attributes.
new text end

new text begin (s) "Product code" means the numeric representation of the item level of the
GS1 electronic product code (EPC), the international article number (EAN), or the
universal product code (UPC), whichever is used by a manufacturer to identify a unique
company-specific or brand-specific product.
new text end

new text begin (t) "Product component" means a uniquely identifiable material or coating including,
but not limited to, an ink or dye that is intended to be included as a part of a finished
children's product.
new text end

deleted text begin (n) deleted text end new text begin (u) new text end "Safer alternative" means new text begin :
new text end

new text begin (1) new text end an alternative whose potential to harm human health new text begin or the environment new text end is less
than that of the use of a priority chemical that it could replace deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) an alternative chemical that is not a priority chemical identified by the department
under section 116.9403; or
new text end

new text begin (3) an alternative chemical that is not identified on the basis of credible scientific
evidence by a state, federal, or international agency as being known or suspected with
a high degree of probability to:
new text end

new text begin (i) harm the normal development of a fetus or child or cause other developmental
toxicity;
new text end

new text begin (ii) cause cancer, genetic damage, or reproductive harm;
new text end

new text begin (iii) disrupt the endocrine or hormone system; or
new text end

new text begin (iv) damage the nervous system, immune system, or organs, or cause other systemic
toxicity.
new text end

new text begin (v) "Toy" means a product designed or intended by the manufacturer to be used
by a child at play.
new text end

new text begin (w) "Trade association" means a membership organization of persons engaging
in a similar or related line of commerce, organized to promote and improve business
conditions in that line of commerce and not to engage in a regular business of a kind
ordinarily carried on for profit.
new text end

Sec. 30.

Minnesota Statutes 2012, section 116.9402, is amended to read:

116.9402 IDENTIFICATION OF CHEMICALS OF HIGH CONCERN.

(a) By July 1, 2010, the department shall, after consultation with the agency,
generate a list of chemicals of high concern.

(b) The department must periodically review and revise the list of chemicals of
high concern at least every three years. The department may add chemicals to the list if
the chemical meets one or more of the criteria in section 116.9401, paragraph (e). new text begin Any
changes to the list of chemicals of high concern must be published on the department's
Web site and in the State Register when a change is made.
new text end

(c) The department shall consider chemicals listed as a suspected carcinogen,
reproductive or developmental toxicant, or as being persistent, bioaccumulative, and
toxic, or very persistent and very bioaccumulative by a state, federal, or international
agency. These agencies may include, but are not limited to, the California Environmental
Protection Agency, the Washington Department of Ecology, the United States Department
of Health, the United States Environmental Protection Agency, the United Nation's World
Health Organization, and European Parliament Annex XIV concerning the Registration,
Evaluation, Authorisation, and Restriction of Chemicals.

(d) The department may consider chemicals listed by another state as harmful to
human health or the environment for possible inclusion in the list of chemicals of high
concern.

Sec. 31.

Minnesota Statutes 2012, section 116.9403, is amended to read:

116.9403 IDENTIFICATION OF PRIORITY CHEMICALS.

new text begin Subdivision 1. new text end

new text begin Designation; publication. new text end

(a) The department, after consultation
with the agency, may designate a chemical of high concern as a priority chemical if the
department finds that the chemical:

(1) has been identified as a high-production volume chemical by the United States
Environmental Protection Agency; and

(2) meets any of the following criteria:

(i) the chemical has been found through biomonitoring to be present in human blood,
including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;

(ii) the chemical has been found through sampling and analysis to be present in
household dust, indoor air, drinking water, or elsewhere in the home environment; or

(iii) the chemical has been found through monitoring to be present in fish, wildlife,
or the natural environment.

(b) By February 1, 2011, the department shall publish a list of priority chemicals in
the State Register and on the department's Internet Web site and shall update the published
list whenever a new priority chemical is designated. new text begin Any proposed changes to the list
of priority chemicals must be published on the department's Web site and in the State
Register and will be subject to a minimum 60-day public comment period. In the 60 days
following the date of publication in the State Register, the public may submit comments
to the department on the proposed changes to the priority chemical list. A final list of
changes to the list of priority chemicals must be published on the department's Web site
following the end of the comment period and the department's review and consideration of
all comments received during this period before finalizing changes to the list.
new text end

new text begin Subd. 2. new text end

new text begin Public data. new text end

new text begin Notwithstanding section 13.37, subdivision 2, the presence
and concentration and total amount of a priority chemical in a specific children's product
reported to the agency under section 116.9409, clauses (1) to (6), are classified as public
data.
new text end

new text begin Subd. 3. new text end

new text begin Not misappropriation of trade secret. new text end

new text begin Notwithstanding section 325C.01,
subdivision 3, publication of the presence and concentration and total amount of a priority
chemical in a specific children's product under this section is not misappropriation of
a trade secret.
new text end

Sec. 32.

Minnesota Statutes 2012, section 116.9405, is amended to read:

116.9405 deleted text begin APPLICABILITY deleted text end new text begin EXEMPTIONS new text end .

The requirements of sections deleted text begin 116.9401 deleted text end new text begin 116.9408 new text end to deleted text begin 116.9407 deleted text end new text begin 116.9425 new text end do not
apply to:

(1) chemicals in deleted text begin used deleted text end new text begin previously owned new text end children's products;

(2) priority chemicals used in the manufacturing process, but that are not present
in the final product;

(3) priority chemicals used in agricultural production;

(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter
86B or their component parts, except that the use of priority chemicals in detachable
car seats is not exempt;

(5) priority chemicals generated solely as combustion by-products or that are present
deleted text begin in combustible fuels; deleted text end new text begin in combustible petroleum fuels or in biofuel, as defined in section
239.051, subdivision 5a;
new text end

(6) retailers new text begin , except if a retailer is also the producer, manufacturer, importer, or
domestic distributor of a children's product containing a priority chemical or the retailer's
brand name is affixed to a children's product containing a priority chemical new text end ;

(7) new text begin over-the-counter drugs, new text end pharmaceutical products new text begin , dietary supplements, new text end or
biologics;

(8) a medical device as defined in the federal Food, Drug, and Cosmetic Act, United
States Code, title 21, section 321(h);

(9) deleted text begin food and food or beverage packaging, except a container containing baby food
or infant formula;
deleted text end

deleted text begin (10) deleted text end consumer electronics products and electronic components, including but not
limited to personal computers; audio and video equipment; calculators; digital displays;
wireless phones; cameras; game consoles; printers; and handheld electronic and electrical
devices used to access interactive software or their associated peripherals; or products that
comply with the provisions of directive 2002/95/EC of the European Union, adopted by
the European Parliament and Council of the European Union now or hereafter in effect; deleted text begin or
deleted text end

new text begin (10) interactive software, such as computer games, and their storage media, such as
compact discs;
new text end

(11) outdoor sport equipment, including snowmobiles as defined in section 84.81,
subdivision 3; all-terrain vehicles as defined in section 84.92, subdivision 8; personal
watercraft as defined in section 86B.005, subdivision 14a; watercraft as defined in section
86B.005, subdivision 18; and off-highway motorcycles, as defined in section 84.787,
subdivision 7, and all attachments and repair parts for all of this equipment deleted text begin . deleted text end new text begin ;
new text end

new text begin (12) batteries; or
new text end

new text begin (13) a children's product, manufactured or distributed by an individual manufacturer
or distributor, if fewer than 3,000 units of the children's product are manufactured or
distributed annually in the United States by that manufacturer.
new text end

Sec. 33.

Minnesota Statutes 2012, section 116.9406, is amended to read:

116.9406 DONATIONS TO THE STATE.

The commissioner may accept donations, grants, and other funds to carry out the
purposes of sections 116.9401 to deleted text begin 116.9407 deleted text end new text begin 116.9425 new text end . All donations, grants, and other
funds must be accepted without preconditions regarding the outcomes of the regulatory
oversight processes set forth in sections 116.9401 to deleted text begin 116.9407 deleted text end new text begin 116.9425 new text end .

Sec. 34.

new text begin [116.9408] CHILDREN'S PRODUCTS; INITIAL NOTIFICATION
ON PRIORITY CHEMICALS.
new text end

new text begin (a) A manufacturer or distributor of a children's product offered for sale in this state
that contains a priority chemical must, unless the children's product is not subject to
regulation under section 116.9405, provide the information required under this section
to the agency:
new text end

new text begin (1) within one year of the effective date of this act, if both the designation of the
priority chemical under section 116.9403 and the offering for sale in this state of the
children's product containing the priority chemical occurred prior to the effective date
of this act;
new text end

new text begin (2) within one year of the priority chemical being designated under section 116.9403,
if the children's product is initially offered for sale in this state before the designation and
the designation is made after the effective date of this act; or
new text end

new text begin (3) within one year of the initial offering of the children's product for sale in this
state, if the initial offering occurs after the priority chemical is designated under section
116.9403 and the designation is made after the effective date of this act.
new text end

new text begin (b) An initial notification is required for each children's product that is known
or believed likely to include a priority chemical in any amount and must include the
following information submitted to the agency on a form developed by the commissioner:
new text end

new text begin (1) the name of the priority chemical and its Chemical Abstracts Service Registry
number;
new text end

new text begin (2) in which of the following tiers the children's product containing a priority
chemical belongs:
new text end

new text begin (i) Tier 1: a mouthable children's product intended to be used by children three years
of age or younger or a children's product intended to be placed in a child's mouth or
directly applied to a child's skin;
new text end

new text begin (ii) Tier 2: a children's product intended to be in direct contact with a child's skin for
one hour or longer, including but not limited to clothing, jewelry, bedding, or a car seat;
new text end

new text begin (iii) Tier 3: a children's product intended to be in direct contact with a child's skin
for less than one hour; or
new text end

new text begin (iv) Tier 4: a children's product in which a priority chemical is contained only in an
internal component that, under normal use, is unlikely to come into direct contact with
a child's skin or mouth;
new text end

new text begin (3) a description of the product component in which the priority chemical is present;
and
new text end

new text begin (4) the name and address of the reporting manufacturer or distributor and the name,
address, and telephone number of the contact person for the reporting manufacturer or
distributor.
new text end

Sec. 35.

new text begin [116.9409] CHILDREN'S PRODUCTS; FULL PRODUCT REPORTING
INFORMATION ON PRIORITY CHEMICALS; TIMING.
new text end

new text begin A manufacturer or distributor of a children's product offered for sale in this state
that contains a priority chemical must, unless the children's product is not subject to
regulation under section 116.9405, provide the full product information required under
section 116.9410 to the agency. The maximum length of time between the filing of the
information required under section 116.9408, paragraph (a), and the filing of full product
information required under section 116.9410 varies according to the manufacturer's or
distributor's annual aggregate gross sales, both within and outside the state, as reported in
the manufacturer's or distributor's most recently filed federal tax return, as follows:
new text end

new text begin (1) for a manufacturer or distributor with gross sales exceeding $1,000,000,000, one
year or, for a priority chemical designated under section 116.9403 before January 1, 2014,
by two years after the effective date of this section;
new text end

new text begin (2) for a manufacturer or distributor with gross sales exceeding $250,000,000 but
less than or equal to $1,000,000,000, 1-1/2 years or, for a priority chemical designated
under section 116.9403 before January 1, 2014, by 2-1/2 years after the effective date
of this section;
new text end

new text begin (3) for a manufacturer or distributor with gross sales exceeding $100,000,000 but less
than or equal to $250,000,000, two years or, for a priority chemical designated under section
116.9403 before January 1, 2014, by three years after the effective date of this section;
new text end

new text begin (4) for a manufacturer or distributor with gross sales exceeding $5,000,000 but
less than or equal to $100,000,000, three years or, for a priority chemical designated
under section 116.9403 before January 1, 2014, by four years after the effective date
of this section;
new text end

new text begin (5) for a manufacturer or distributor with gross sales exceeding $100,000 but less
than or equal to $5,000,000, four years or, for a priority chemical designated under section
116.9403 before January 1, 2014, by five years after the effective date of this section; and
new text end

new text begin (6) for a manufacturer or distributor with gross sales less than or equal to $100,000,
five years or, for a priority chemical designated under section 116.9403 before January 1,
2014, by six years after the effective date of this section.
new text end

Sec. 36.

new text begin [116.9410] CHILDREN'S PRODUCTS; FULL PRODUCT REPORTING
INFORMATION ON PRIORITY CHEMICALS.
new text end

new text begin (a) A manufacturer or distributor of a children's product offered for sale in the state
that contains one or more priority chemicals must, except as provided in paragraph (e) or
if the children's product is not subject to regulation under section 116.9405, provide the
following full product information to the agency on a form developed by the commissioner:
new text end

new text begin (1) the name of each priority chemical and its Chemical Abstracts Service Registry
number;
new text end

new text begin (2) in which of the following tiers the children's product containing a priority
chemical belongs:
new text end

new text begin (i) Tier 1: a mouthable children's product intended to be used by children three years
of age or younger or a children's product intended to be placed in a child's mouth or
directly applied to a child's skin;
new text end

new text begin (ii) Tier 2: a children's product intended to be in direct contact with a child's skin for
one hour or longer, including but not limited to clothing, jewelry, bedding, or a car seat;
new text end

new text begin (iii) Tier 3: a children's product intended to be in direct contact with a child's skin
for less than one hour; or
new text end

new text begin (iv) Tier 4: a children's product in which a priority chemical is contained only in an
internal component that, under normal use, is unlikely to come into direct contact with
a child's skin or mouth;
new text end

new text begin (3) the product components, materials, or coatings that contain one or more priority
chemicals;
new text end

new text begin (4) the concentration and total amount of each priority chemical contained in a
children's product, a description of how the concentration was determined, and an
evaluation of the accuracy of the determination. Concentrations at or above the practical
quantification limit must be reported, but may be reported in the following ranges:
new text end

new text begin (i) greater than or equal to the practical quantification limit but less than 100 ppm;
new text end

new text begin (ii) greater than or equal to 100 ppm but less than 500 ppm;
new text end

new text begin (iii) greater than or equal to 500 ppm but less than 1,000 ppm;
new text end

new text begin (iv) greater than or equal to 1,000 ppm but less than 5,000 ppm;
new text end

new text begin (v) greater than or equal to 5,000 ppm but less than 10,000 ppm; and
new text end

new text begin (vi) greater than or equal to 10,000 ppm.
new text end

new text begin For the purposes of this section, "ppm" means parts per million;
new text end

new text begin (5) the product category or categories for the children's product;
new text end

new text begin (6) a description of the function of the priority chemical in the product, including
whether it is present as a contaminant;
new text end

new text begin (7) the name and address of the manufacturer, distributor, or trade association filing
the report and the name, address, and telephone number of the contact person for the
reporting manufacturer, distributor, or trade association;
new text end

new text begin (8) evidence describing the extent to which a child is likely to be exposed to the
priority chemical through normal use of the children's product;
new text end

new text begin (9) the number of units of the children's product sold or distributed in Minnesota
or nationally;
new text end

new text begin (10) any other information the manufacturer or distributor deems relevant; and
new text end

new text begin (11) any other information requested by the commissioner.
new text end

new text begin (b) Reporting shall include all intentionally added chemicals at or above the
applicable practical quantification limit, and contaminants present in a product component
at a concentration above 100 ppm.
new text end

new text begin (c) Reporting parties are not required to include any specific formula information
or the specific name and address of the facility that is responsible for introduction of a
priority chemical into a children's product or product component.
new text end

new text begin (d) If the information required in paragraph (a) is not submitted in a timely fashion
or is incomplete or otherwise unacceptable as determined by the agency, the agency may
contract with an independent third party of the agency's choice to provide the information
and may assess a fee on the manufacturer or distributor to pay the costs as specified
under section 116.9419.
new text end

new text begin (e) The agency shall determine on a case-by-case basis if reporting the information
in paragraph (a), clauses (3) to (9), is required by a manufacturer or distributor whose
children's product belongs in Tier 4 under paragraph (a), clause (2).
new text end

new text begin (f) If a manufacturer claims that any of the information provided to the agency under
this section is trade secret information under section 13.37, subdivision 1, the agency shall
make a determination regarding the claim. Information determined to be public data shall
be posted on the agency's Web site. This paragraph does not apply to the presence and
concentration and total amount of a priority chemical in a specific children's product,
which is governed under section 116.9403, subdivisions 2 and 3.
new text end

new text begin (g) A trade association may file the information required under this section on behalf
of a manufacturer or distributor, provided that the trade association includes in the filing a
list of the manufacturers or distributors on whose behalf the trade association is reporting
and all the information otherwise required of an individual manufacturer or distributor.
new text end

Sec. 37.

new text begin [116.9411] CHILDREN'S PRODUCTS; FULL PRODUCT REPORTING
INFORMATION ON PRIORITY CHEMICALS; SECOND AND SUBSEQUENT
REPORTS.
new text end

new text begin (a) Following the initial submission of the information required under section
116.9410, a manufacturer or distributor of a children's product offered for sale in the state
that continues to contain a priority chemical must submit the information required under
section 116.9410 to the agency every two years.
new text end

new text begin (b) If a reporting party determines that there has been no change in the information
required to be filed under section 116.9410 since the most recent filing, the reporting party
may submit a written statement indicating that the previously filed data is still valid, in
lieu of a new duplicate complete report, and must submit the required fees.
new text end

new text begin (c) If a manufacturer or distributor is required to file more than one report under
section 116.9410 on the same priority chemical in the same children's product code, each
subsequent report must include the following information in addition to the information
required under section 116.9410:
new text end

new text begin (1) the product code of the children's product; and
new text end

new text begin (2) a description of the manufacturer's attempts to remove the priority chemical
from the children's product and any evaluation made of the use of safer alternatives to
substitute for the priority chemical contained in the children's product, including the
Chemical Abstracts Service Registry numbers of safer alternatives considered. If the
manufacturer claims that any information provided to the agency under this clause is
trade secret information under section 13.37, subdivision 1, the agency shall make a
determination regarding the claim.
new text end

Sec. 38.

new text begin [116.9412] CHILDREN'S PRODUCTS; REMOVING A PRIORITY
CHEMICAL; REPORTING REQUIREMENT.
new text end

new text begin A manufacturer or distributor who removes a priority chemical from a children's
product for which an initial notification has been filed under section 116.9408 or for which
full product information has been filed under section 116.9410 must notify the agency
of the removal at the earliest date possible. If the priority chemical removed is replaced
by a safer alternative, the manufacturer or distributor must provide, on a form developed
by the commissioner, the information in section 116.9410, paragraph (a), clauses (1) to
(7), and the name of the safer alternative and its Chemical Abstracts Service Registry
number, or, if not replaced by a chemical alternative, a description of the techniques or
design changes implemented. The safer alternative or nonchemical techniques or design
changes are trade secrets.
new text end

Sec. 39.

new text begin [116.9419] FEES.
new text end

new text begin (a) The agency shall, if applicable, assess and collect the following fees from
manufacturers and distributors of children's products offered for sale in this state:
new text end

new text begin (1) a fee of $1,000 for each full product report required under section 116.9410. If
a children's product contains more than one priority chemical, each priority chemical is
subject to this fee;
new text end

new text begin (2) a fee equal to the costs billed by the independent contractor plus the agency's
actual incurred costs to bid and administer the contract for each contract issued under
section 116.9410, paragraph (d); and
new text end

new text begin (3) a fee equal to twice the fee in clause (1) for the second full product report
required under section 116.9410 on the same priority chemical in the same children's
product. The fee for each subsequent full product report required under that section is
correspondingly increased by an amount equal to the fee in clause (1).
new text end

new text begin (b) No fee is required for filing an initial notification under section 116.9408.
new text end

new text begin (c) The commissioner shall deposit all fees collected under this section in the
environmental fund. All fees collected under this section are exempt from section
16A.1285.
new text end

Sec. 40.

new text begin [116.9420] STATE AGENCY DUTIES.
new text end

new text begin (a) The agency shall publish all data that is required to be filed under sections
116.9410 and 116.9411 and that is not trade secret data on the agency's Web site and
through other means determined by the commissioner.
new text end

new text begin (b) If a priority chemical continues to be used in a specific children's product after
its manufacturer files a report required under section 116.9411, the commissioner may
recommend options to further reduce or eliminate the use of the priority chemical in the
report required under section 116.9425.
new text end

new text begin (c) The commissioner, in consultation with the commissioners of commerce and
health, may use fee revenue in excess of program implementation costs to offer grants
awarded competitively to manufacturers or other researchers to develop safer alternatives
to priority chemicals in children's products, to establish alternatives as safer alternatives,
or to accelerate the commercialization of safer alternatives.
new text end

new text begin (d) The commissioners of health and commerce shall develop and implement
an education effort regarding priority chemicals in children's products. Education and
outreach activities include, but are not limited to, consumer product safety advice;
notification of recalls; identification of target audiences for product alerts and methods
of notification; outreach and feedback at county and state fairs; publicity of reporting
requirements of priority chemicals in children's products; and education of retailers about
reporting requirements.
new text end

Sec. 41.

new text begin [116.9423] ENFORCEMENT.
new text end

new text begin The agency shall enforce sections 116.9401 to 116.9424 and rules adopted
thereunder in the manner provided by section 115.071, subdivisions 1, 3, 4, 5, and 6.
Section 115.071, subdivision 2, does not apply to violations of sections 116.9401 to
116.9424 and rules adopted thereunder.
new text end

Sec. 42.

new text begin [116.9424] RULES.
new text end

new text begin The commissioner or the commissioner of commerce may adopt rules as necessary
to implement, administer, and enforce sections 116.9401 to 116.9425.
new text end

Sec. 43.

new text begin [116.9425] REPORT.
new text end

new text begin By November 15, 2015, and every three years thereafter, the commissioners of the
Pollution Control Agency, health, and commerce shall report to the legislative committees
with jurisdiction over environment and natural resources, commerce, and public health
on the implementation of sections 116.9401 to 116.9424.
new text end

Sec. 44.

new text begin [168.1295] STATE PARKS AND TRAILS PLATES.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements and procedures. new text end

new text begin (a) The commissioner shall
issue state parks and trails plates to an applicant who:
new text end

new text begin (1) is a registered owner of a passenger automobile, recreational vehicle, one ton
pickup truck, or motorcycle;
new text end

new text begin (2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
new text end

new text begin (3) pays the registration tax required under section 168.013;
new text end

new text begin (4) pays the fees required under this chapter;
new text end

new text begin (5) contributes a minimum of $50 annually to the state parks and trails donation
account established in section 85.056; and
new text end

new text begin (6) complies with this chapter and rules governing registration of motor vehicles
and licensing of drivers.
new text end

new text begin (b) The state parks and trails plate application must indicate that the contribution
specified under paragraph (a), clause (5), is a minimum contribution to receive the plate
and that the applicant may make an additional contribution to the account.
new text end

new text begin (c) State parks and trails plates may be personalized according to section 168.12,
subdivision 2a.
new text end

new text begin Subd. 2. new text end

new text begin Design. new text end

new text begin After consultation with interested groups, the commissioners of
natural resources and public safety shall jointly select a suitable symbol for use by the
commissioner of public safety to design the state parks and trails plates.
new text end

new text begin Subd. 3. new text end

new text begin No refund. new text end

new text begin Contributions under this section must not be refunded.
new text end

new text begin Subd. 4. new text end

new text begin Plate transfers. new text end

new text begin Notwithstanding section 168.12, subdivision 1, on
payment of a transfer fee of $5, plates issued under this section may be transferred to
another passenger automobile registered to the person to whom the plates were issued.
new text end

new text begin Subd. 5. new text end

new text begin Contribution and fees credited. new text end

new text begin Contributions under subdivision 1,
paragraph (a), clause (5), must be paid to the commissioner and credited to the state
parks and trails donation account established in section 85.056. The other fees collected
under this section must be deposited in the vehicle services operating account of the
special revenue fund under section 299A.705.
new text end

new text begin Subd. 6. new text end

new text begin Record. new text end

new text begin The commissioner shall maintain a record of the number of
plates issued under this section.
new text end

new text begin Subd. 7. new text end

new text begin Exemption. new text end

new text begin Special plates issued under this section are not subject to
section 168.1293, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications submitted on or after January 1, 2016, or the date the new driver and
vehicle services information technology system is implemented, whichever comes later.
new text end

Sec. 45.

new text begin [347.57] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Terms. new text end

new text begin The definitions in this section apply to sections 347.57
to 347.64.
new text end

new text begin Subd. 2. new text end

new text begin Animal. new text end

new text begin "Animal" means a dog or a cat.
new text end

new text begin Subd. 3. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Animal Health.
new text end

new text begin Subd. 4. new text end

new text begin Cat. new text end

new text begin "Cat" means a mammal that is wholly or in part of the species Felis
domesticus. An adult cat is a cat 28 weeks of age or older. A kitten is a cat under 28
weeks of age.
new text end

new text begin Subd. 5. new text end

new text begin Commercial breeder. new text end

new text begin "Commercial breeder" means a person who
possesses or has an ownership interest in animals and is engaged in the business of
breeding animals for sale or for exchange in return for consideration, and who possesses
ten or more adult intact animals and whose animals produce more than five total litters of
puppies or kittens per year.
new text end

new text begin Subd. 6. new text end

new text begin Confinement area. new text end

new text begin "Confinement area" means a structure used or
designed for use to restrict an animal to a limited amount of space, such as a room, pen,
cage, kennel, compartment, crate, or hutch.
new text end

new text begin Subd. 7. new text end

new text begin Dog. new text end

new text begin "Dog" means a mammal that is wholly or in part of the species Canis
familiaris. An adult dog is a dog 28 weeks of age or older. A puppy is a dog under 28
weeks of age.
new text end

new text begin Subd. 8. new text end

new text begin Facility. new text end

new text begin "Facility" means the place used by a commercial breeder for
breeding animals, and includes all buildings, property, confinement areas, and vehicles.
new text end

new text begin Subd. 9. new text end

new text begin Local animal control authority. new text end

new text begin "Local animal control authority" means
an agency of the state, county, municipality, or other political subdivision of the state that
is responsible for animal control operations in its jurisdiction.
new text end

new text begin Subd. 10. new text end

new text begin Person. new text end

new text begin "Person" means a natural person, firm, partnership, corporation,
or association, however organized.
new text end

new text begin Subd. 11. new text end

new text begin Possess. new text end

new text begin "Possess" means to have custody of or have control over.
new text end

new text begin Subd. 12. new text end

new text begin Veterinarian. new text end

new text begin "Veterinarian" means a veterinarian in good standing and
licensed in the state of Minnesota.
new text end

Sec. 46.

new text begin [347.58] LICENSING AND INSPECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Licensing. new text end

new text begin (a) The board may grant an operating license to a
commercial breeder and must enforce sections 347.58 to 347.64.
new text end

new text begin (b) Beginning July 1, 2015, a commercial breeder must obtain an annual license
for each facility it owns or operates. More than one building on the same premises is
considered one facility. The initial prelicense inspection fee and the annual license fee is
$10 per adult intact animal, but each fee must not exceed $250.
new text end

new text begin (c) The board must perform an announced initial prelicense inspection within 60
days from the date of receiving a license application. A commercial breeder is not in
violation of this section if the commercial breeder has filed a completed license application
with the board and the board has not performed the initial prelicense inspection. The
board must inspect a commercial breeder's facility before an initial license is issued. The
initial prelicense inspection fee must be included with the license application. Upon
completion of the inspection, the inspector must provide the commercial breeder an
inspection certificate signed by the inspector in a format approved by the board.
new text end

new text begin (d) The license application must indicate if a commercial breeder operates under
more than one name from a single location or has an ownership interest in any other
facility. License holders must keep separate records for each business name.
new text end

new text begin (e) The application must include a statement that includes the following information:
new text end

new text begin (1) whether any license held by an applicant under this section or under any other
federal, state, county, or local law, ordinance, or other regulation relating to breeding cats
or dogs was ever suspended, revoked, or denied; and
new text end

new text begin (2) whether the applicant was ever convicted of animal cruelty.
new text end

new text begin (f) An application from a partnership, corporation, or limited liability company must
include the name and address of all partners, directors, officers, or members and must
include a notation of any partners, directors, officers, members, or others authorized to
represent the partnership, corporation, or limited liability company.
new text end

new text begin (g) A nonresident applicant must consent to adjudication of any violation under the
laws of the state of Minnesota and in Minnesota courts.
new text end

new text begin (h) A license issued under this section is not transferable.
new text end

new text begin (i) A license holder must apply for license renewal annually by submitting a renewal
application on a form approved by the board. The license renewal application must be
postmarked or submitted electronically in a method approved by the board by July 1
of each year. The board may assess a late renewal penalty of up to 50 percent of the
license fee. If a license is not renewed by August 1, the board may require the commercial
breeder to reapply for an initial license.
new text end

new text begin (j) A commercial breeder must submit to the board an annual report by July 1 on a
form prepared by the board. The form must include the current number of cats and dogs at
the facility on the date of the report, the number of animals during the preceding year that
were sold, traded, bartered, leased, brokered, given away, euthanized, or deceased from
other causes, and any other information required by the board.
new text end

new text begin (k) If a commercial breeder is required to be licensed by the United States
Department of Agriculture, United States Department of Agriculture inspection reports
and records relating to animal care plans and veterinary care must be made available
during an inspection, upon request.
new text end

new text begin (l) A commercial breeder must prominently display the commercial breeder's license
at each facility.
new text end

new text begin (m) A commercial breeder's state license number or a symbol approved by the board
must be included in all of the commercial breeder's advertisements or promotions that
pertain to animals being sold or traded including, but not limited to, all newspapers,
Internet, radio, or flyers.
new text end

new text begin (n) A commercial breeder must notify the board by certified mail or electronically
in a method approved by the board within ten days of any change in address, name,
management, or substantial control and ownership of the business or operation.
new text end

new text begin (o) The board must refuse to issue an initial license when a commercial breeder:
new text end

new text begin (1) is in violation of section 343.21; 343.24; 343.27; 343.28; 343.31; 343.37; 346.37;
346.38; 346.39; 346.44; or 346.155;
new text end

new text begin (2) has failed to meet any of the requirements of this section and section 347.59;
new text end

new text begin (3) is in violation of a local ordinance regarding breeders;
new text end

new text begin (4) has been convicted, other than a petty misdemeanor conviction, of cruelty to
animals under Minnesota law or a substantially similar animal cruelty law of another
jurisdiction;
new text end

new text begin (5) has had a substantially similar license denied, revoked, or suspended by another
federal or state authority within the last five years; or
new text end

new text begin (6) has falsified any material information requested by the board.
new text end

new text begin (p) A person who has been an officer, agent, direct family member, or employee of a
commercial breeder whose license was revoked or suspended and who was responsible for
or participated in the violation that was a basis for the revocation or suspension may not
be licensed while the revocation or suspension is in effect.
new text end

new text begin Subd. 2. new text end

new text begin Inspections. new text end

new text begin (a) The board must inspect each licensed facility at least
annually. The inspection must be with the commercial breeder or an agent of the
commercial breeder present. The inspector must submit an inspection report to the board
within ten days of each inspection on a form prepared by the board. The inspection report
form must list separately each law, rule, regulation, and ordinance the facility is not in
compliance with and what correction is required for compliance. The inspection report
form must document the animal inventory on the date of the inspection.
new text end

new text begin (b) If, after the prelicense inspection, the commercial breeder has two consecutive
years of inspections with no violations, the board must inspect the commercial breeder at
least every two years. If the commercial breeder has any violations during an inspection or
if the board has cause, the board must inspect the commercial breeder at least annually.
new text end

new text begin (c) If a license to operate is suspended, revoked, or denied, the board must be granted
access to the facility during normal business hours to verify that it is not operating.
new text end

new text begin Subd. 3. new text end

new text begin Record requirements. new text end

new text begin (a) The commercial breeder must keep records on
each animal at the facility that includes:
new text end

new text begin (1) the name, address, and United States Department of Agriculture license number,
if applicable, from whom an animal was received; the date the commercial breeder
received the animal; the date of the animal's birth; the breed, sex, color, and identifying
marks of the animal; any identifying tag, tattoo, microchip, or collar number; worming
treatments, vaccinations, and name of the person who administered the vaccination;
medication received by the animal while in the possession of the commercial breeder; and
any disease conditions diagnosed by a veterinarian; and
new text end

new text begin (2) the name and address of the person or entity to whom an animal was transferred.
new text end

new text begin (b) The commercial breeder must maintain a copy of the records required to be
kept under this subdivision for two years.
new text end

new text begin Subd. 4. new text end

new text begin Veterinary protocol. new text end

new text begin (a) A commercial breeder must establish and
maintain a written protocol for disease control and prevention, euthanasia, and veterinary
care of animals at each facility. The initial protocol must be developed under the direction
and supervision of the board. A commercial breeder must maintain a written protocol that
is updated at least every 12 months and that is signed and dated by the board or by a
veterinarian along with the commercial breeder. The written protocol must be available to
the board upon request or at the time of inspection.
new text end

new text begin (b) An animal sold or otherwise distributed by a commercial breeder must be
accompanied by a veterinary health certificate completed by a veterinarian. The certificate
must be completed within 30 days prior to the sale or distribution and must indicate that
the animal is current with vaccinations and has no signs of infectious or contagious
diseases. The certificate accompanying an adult dog that was not spayed or neutered must
indicate that the dog has no signs of infectious or contagious diseases and was tested for
canine brucellosis with a test approved by the board and found to be negative.
new text end

new text begin Subd. 5. new text end

new text begin Posting of information. new text end

new text begin The board must maintain and post in a timely
manner on its Web site a list of commercial breeders licensed and in good standing
under this section.
new text end

Sec. 47.

new text begin [347.59] STANDARDS OF CARE.
new text end

new text begin (a) A commercial breeder must comply with chapters 343 and 346.
new text end

new text begin (b) A commercial breeder must ensure that animals that are part of the commercial
breeder's breeding business operations are cared for as follows:
new text end

new text begin (1) cats must not be housed in outdoor confinement areas;
new text end

new text begin (2) animals exercised in groups must be compatible and show no signs of contagious
or infectious disease;
new text end

new text begin (3) females in estrus must not be housed in the same confinement area with
unneutered males, except for breeding purposes;
new text end

new text begin (4) animals must be provided daily enrichment and must be provided positive physical
contact with human beings and compatible animals at least twice daily unless a veterinarian
determines such activities would adversely affect the health or well-being of the animal;
new text end

new text begin (5) animals must not be sold, traded, or given away before the age of eight weeks
unless a veterinarian determines it would be in the best interests of the health or well-being
of the animal;
new text end

new text begin (6) the commercial breeder must provide identification and tracking for each animal,
which is not transferable to another animal; and
new text end

new text begin (7) the commercial breeder must provide adequate staff to maintain the facility and
observe each animal daily to monitor each animal's health and well-being, and to properly
care for the animals.
new text end

new text begin (c) A commercial breeder must not knowingly hire staff or independent contractors
who have been convicted of cruelty to animals under the law of any jurisdiction.
new text end

new text begin (d) A commercial breeder must comply with any additional standards the board
considers necessary to protect the public health and welfare of animals covered under
sections 347.57 to 347.61. The standards must be established by rule.
new text end

new text begin (e) A United States Department of Agriculture (USDA) licensed breeder or dealer
who is in compliance with the minimum USDA regulations governing the license holder
as they relate to animal confinement areas as of the effective date of this section does not
have to comply with the minimum confinement area measurements under section 346.39,
subdivision 4, for existing confinement areas in each facility the breeder or dealer owns. If
a USDA-licensed breeder or dealer builds a new confinement area after the effective date
of this section, those minimum standards must meet or exceed the minimum specifications
as they relate to confinement area size under section 346.39, subdivision 4.
new text end

Sec. 48.

new text begin [347.60] INVESTIGATIONS.
new text end

new text begin (a) The board must initiate an investigation upon receiving a formal complaint
alleging violations of section 347.58 or 347.59.
new text end

new text begin (b) When a local animal control authority, a peace officer, or a humane agent
appointed under section 343.01 is made aware of an alleged violation under this chapter
or chapter 343 or 346, committed by a commercial breeder, the local animal control
authority, peace officer, or humane agent appointed under section 343.01 must report the
alleged violation in a timely manner to the board.
new text end

Sec. 49.

new text begin [347.61] CIVIL ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Correction orders. new text end

new text begin (a) The board may issue a correction order
requiring a commercial breeder to correct a violation of state statutes, rules, and
regulations governing breeding facilities. The correction order must state the deficiencies
that constitute the violation; the specific statute, rule, or regulation violated; and when
the violation must be corrected.
new text end

new text begin (b) A commercial breeder may ask the board to reconsider any portion of the
correction order that the commercial breeder believes is in error. The request for
reconsideration must be made in writing by certified mail or electronically in a method
approved by the board within seven days after receipt of the correction order. The
request for reconsideration does not stay the correction order. The board must respond
to the request for reconsideration within 15 days after receiving a request. The board's
disposition of a request for reconsideration is final. The board may extend the time for
complying with a correction order after receiving a request for reconsideration if necessary.
new text end

new text begin (c) The board must reinspect the facility within 15 days after the time for correcting
the violation has passed to determine whether the violation has been corrected. If the
violation has been corrected, the board must notify the commercial breeder in writing that
the commercial breeder is in compliance with the correction order. The board may charge
a reinspection fee to determine if a previous violation has been corrected.
new text end

new text begin Subd. 2. new text end

new text begin Administrative penalty orders. new text end

new text begin After the inspection required under
subdivision 1, paragraph (c), the board may issue an order requiring violations to
be corrected and administratively assessing monetary penalties for violations. The
administrative penalty order must include a citation of the statute, rule, or regulation
violated; a description of the violation; and the amount of the penalty for each violation. A
single correction order may assess a maximum administrative penalty of $5,000.
new text end

new text begin Subd. 3. new text end

new text begin Injunctive relief. new text end

new text begin In addition to any other remedy provided by law, the
board may bring an action for injunctive relief in the district court in Ramsey County or in
the county in which a violation of the statutes, rules, or regulations governing the breeding
of cats and dogs occurred to enjoin the violation.
new text end

new text begin Subd. 4. new text end

new text begin Cease and desist. new text end

new text begin The board must issue an order to cease a practice if its
continuation would result in an immediate risk to animal welfare or public health. An
order issued under this subdivision is effective for a maximum of 72 hours. The board or
its designated agent must seek an injunction or take other administrative action authorized
by law to restrain a practice beyond 72 hours. The issuance of a cease-and-desist order
does not preclude other enforcement action by the board.
new text end

new text begin Subd. 5. new text end

new text begin Refusal to reissue license; license suspension or revocation. new text end

new text begin (a) The
board may suspend, revoke, or refuse to renew a license as follows:
new text end

new text begin (1) for failure to comply with a correction order;
new text end

new text begin (2) for failure to pay an administrative penalty;
new text end

new text begin (3) for failure to meet the requirements of section 347.58 or 347.59; or
new text end

new text begin (4) for falsifying information requested by the board.
new text end

new text begin A license suspension, revocation, or nonrenewal may be appealed through the Office of
Administrative Hearings. A notice of intent to appeal must be filed in writing with the
board within 20 days after receipt of the notice of suspension, revocation, or nonrenewal.
new text end

new text begin (b) The board must revoke a license if a commercial breeder has been convicted
of cruelty to animals under Minnesota law or a substantially similar animal cruelty law
of another jurisdiction, or for the denial, revocation, or suspension of a similar license
by another federal or state authority. A license revocation under this subdivision may be
appealed through the Office of Administrative Hearings. A notice of intent to appeal must
be filed in writing with the board within 20 days after receipt of the notice of revocation.
new text end

new text begin (c) A commercial breeder whose license is revoked may not reapply for licensure for
two years after the date of revocation. The license is permanently revoked if the basis for
the revocation was a gross misdemeanor or felony conviction for animal cruelty.
new text end

new text begin (d) A commercial breeder whose license is suspended or revoked two times is
permanently barred from licensure.
new text end

new text begin Subd. 6. new text end

new text begin Administrative hearing rights. new text end

new text begin (a) Except as provided in paragraph
(b), if the board proposes to refuse to renew, suspend, or revoke a license, the board
must first notify the commercial breeder in writing of the proposed action and provide an
opportunity to request a hearing under the contested case provisions of chapter 14. If the
commercial breeder does not request a hearing within 20 days after receipt of the notice of
the proposed action, the board may proceed with the action without a hearing.
new text end

new text begin (b) The contested case provisions of chapter 14 do not apply when the board denies
a license based on an applicant's failure to meet the minimum qualifications for licensure.
new text end

new text begin (c) A commercial breeder may appeal the amount of an administrative penalty
order through the Office of Administrative Hearings pursuant to the procedures set forth
in chapter 14. A commercial breeder wishing to file an appeal must notify the board in
writing within 20 days after receipt of the administrative penalty order.
new text end

new text begin Subd. 7. new text end

new text begin Other jurisdictions. new text end

new text begin The board may accept as prima facie evidence of
grounds for an enforcement action under this section any enforcement or disciplinary
action from another jurisdiction, if the underlying violation would be grounds for a
violation under the provisions of this section.
new text end

new text begin Subd. 8. new text end

new text begin Appeals. new text end

new text begin A final order by the board may be appealed to the Minnesota
Court of Appeals.
new text end

Sec. 50.

new text begin [347.615] BIOSECURITY; ENTRY INTO FACILITIES.
new text end

new text begin No law enforcement officer, agent of the board, or other official may enter a
commercial breeder facility unless the person follows either the biosecurity procedure
issued by the board or a reasonable biosecurity procedure maintained and prominently
posted by the commercial breeder at each entry to a facility, whichever is more stringent.
This section does not apply in emergency or exigent circumstances.
new text end

Sec. 51.

new text begin [347.62] PENALTIES.
new text end

new text begin (a) A violation of section 347.58 or 347.59 that results in cruelty or torture to an
animal, as those terms are defined in section 343.20, subdivision 3, is subject to the
penalties in section 343.21, subdivisions 9 and 10, relating to pet or companion animals.
new text end

new text begin (b) It is a misdemeanor to falsify information in a license application, annual report,
or record.
new text end

new text begin (c) It is a misdemeanor for an unlicensed commercial breeder to advertise animals
for sale.
new text end

new text begin (d) It is a misdemeanor for a commercial breeder to operate without a license.
new text end

Sec. 52.

new text begin [347.63] DOG AND CAT BREEDERS LICENSING ACCOUNT;
APPROPRIATION.
new text end

new text begin A dog and cat breeders licensing account is created in the special revenue fund.
All fees and penalties collected by the board under sections 347.58 to 347.62 must be
deposited in the state treasury and credited to the dog and cat breeders licensing account
in the special revenue fund. Money in the account, including interest on the account, is
annually appropriated to the board to administer those sections.
new text end

Sec. 53.

new text begin [347.64] APPLICABILITY.
new text end

new text begin Sections 347.57 to 347.63 do not apply to:
new text end

new text begin (1) any species other than dogs and cats as they are defined in section 347.57; and
new text end

new text begin (2) veterinary clinics or veterinary hospitals.
new text end

Sec. 54.

Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended by
Laws 2009, chapter 37, article 1, section 61, is amended to read:

Subd. 7. Fish and Wildlife Management

123,000

119,000

Appropriations by Fund
General	-0-	(427,000)
Game and Fish	123,000	546,000

$329,000 in 2009 is a reduction for fish and
wildlife management.

$46,000 in 2009 is a reduction in the
appropriation for the Minnesota Shooting
Sports Education Center.

$52,000 in 2009 is a reduction for licensing.

$123,000 in 2008 and $246,000 in 2009 are
from the game and fish fund to implement
fish virus surveillance, prepare infrastructure
to handle possible outbreaks, and implement
control procedures for highest risk waters
and fish production operations. This is a
onetime appropriation.

Notwithstanding Minnesota Statutes, section
297A.94, paragraph (e), $300,000 in 2009
is from the second year appropriation in
Laws 2007, chapter 57, article 1, section 4,
subdivision 7, from the heritage enhancement
account in the game and fish fund deleted text begin to study,
predesign, and design a shooting sports
facility in the seven-county metropolitan
area deleted text end new text begin for shooting sports facilities. Of this
amount, $100,000 is for a grant to the Itasca
County Gun Club for shooting sports facility
improvements; and the remaining balance
is for trap shooting facility grants under
Minnesota Statutes, section 87A.10 new text end . This is
available onetime only and is available until
expended.

$300,000 in 2009 is appropriated from the
game and fish fund for only activities that
improve, enhance, or protect fish and wildlife
resources. This is a onetime appropriation.

Sec. 55.

Laws 2012, chapter 249, section 11, is amended to read:

Sec. 11. COSTS OF SCHOOL TRUST LANDS DIRECTOR AND
LEGISLATIVE PERMANENT SCHOOL FUND COMMISSION.

(a) The costs of the school trust lands director, including the costs of hiring staff,
and the Legislative Permanent School Fund Commission for fiscal years 2014 deleted text begin and deleted text end new text begin , new text end 2015 new text begin ,
and 2016 new text end shall be from the state forest deleted text begin development deleted text end new text begin suspense new text end account under Minnesota
Statutes, section 16A.125, and from the minerals management account under Minnesota
Statutes, section 93.2236 deleted text begin , as appropriated by the legislature deleted text end .

(b) The school trust lands director and the Legislative Permanent School Fund
Commission shall submit to the deleted text begin 2014 deleted text end new text begin 2015 new text end legislature a proposal to fund the operational
costs of the Legislative Permanent School Fund Commission and school trust lands
director and staff with a cost certification method using revenues generated by the
permanent school fund lands.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 56. new text begin RECOGNITION; COMMERCIAL BREEDER EXCELLENCE.
new text end

new text begin The Board of Animal Health, in consultation with representatives of the licensed
commercial breeder industry, must develop a program to recognize persons who
demonstrate commercial breeder excellence and exceed the standards and practices
required of commercial breeders under this act.
new text end

Sec. 57. new text begin REGISTRATION; INITIAL PRELICENSE INSPECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Commercial breeder registration. new text end

new text begin Beginning July 1, 2014, until
June 30, 2015, a commercial breeder must register each facility it owns or operates by
paying a registration fee not to exceed $250 per facility to the Board of Animal Health.
new text end

new text begin Subd. 2. new text end

new text begin Initial prelicense inspections. new text end

new text begin Beginning July 1, 2014, the board may
begin the initial prelicense inspections under Minnesota Statutes, section 347.58.
new text end

new text begin Subd. 3. new text end

new text begin Deposits of fees. new text end

new text begin Fees collected under this section must be deposited in the
dog and cat breeders licensing account in the special revenue fund.
new text end

Sec. 58. new text begin BEE VALUATION PROTOCOL REQUIRED.
new text end

new text begin No later than January 1, 2015, the commissioner of agriculture must report to
the house of representatives and senate committees with jurisdiction over agriculture
finance the protocol that the commissioner developed, in consultation with experts, for
determining the fair market value of bees, hives, colonies, apiaries, and queen apiaries for
purposes of compensation under Minnesota Statutes, section 18B.055.
new text end

Sec. 59. new text begin INVASIVE TERRESTRIAL PLANTS AND PESTS CENTER.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Board of Regents of the University of Minnesota
is requested to establish an Invasive Terrestrial Plants and Pests Center to prevent and
minimize the threats posed by terrestrial invasive plants, other weeds, pathogens, and
pests in order to protect the state's prairies, forests, wetlands, and agricultural resources.
With the approval of the board, the College of Food, Agricultural and Natural Resource
Science, in coordination with the College of Biological Sciences, shall administer the
center utilizing the following departments:
new text end

new text begin (1) Entomology;
new text end

new text begin (2) Plant Pathology;
new text end

new text begin (3) Forest Resources;
new text end

new text begin (4) Horticultural Science;
new text end

new text begin (5) Fisheries Wildlife and Conservation Biology;
new text end

new text begin (6) Agronomy and Plant Genetics;
new text end

new text begin (7) Plant Biology; and
new text end

new text begin (8) Ecology, Evolution, and Behavior.
new text end

new text begin The college may also utilize the following research and outreach centers in
achieving the purposes of this section: Cloquet Forestry Center; North Central Research
and Outreach Center; Northwest Research and Outreach Center; Southern Research and
Outreach Center; Southwest Research and Outreach Center; West Central Research and
Outreach Center; Rosemount Research and Outreach Center; Horticultural Research
Center; and Sand Plain Research Center.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of the Invasive Terrestrial Plants and Pests Center is
to research and develop effective measures to prevent and minimize the threats posed by
terrestrial invasive plants, pathogens, and pests, including agricultural weeds and pests, in
order to protect the state's native prairies, forests, wetlands, and agricultural resources, by:
new text end

new text begin (1) creating a prioritized list of pest and plant species that threaten the state's prairies,
forests, wetlands, and agricultural resources and making the list publicly accessible; and
new text end

new text begin (2) conducting research focused on the species included on the prioritized list
developed under this subdivision that includes:
new text end

new text begin (i) development of new control methods, including biocontrols;
new text end

new text begin (ii) development of integrated pest management tools that minimize nontarget
impacts;
new text end

new text begin (iii) research projects focused on establishment prevention, early detection, and
rapid response;
new text end

new text begin (iv) an analysis of any consequences related to the management of prioritized species
to the state's water, pollinators, and native prairies and other native species; and
new text end

new text begin (v) reports on the results that are made publicly accessible.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin By January 15, each year as a condition of the appropriation
provided under this act, the Board of Regents of the University of Minnesota shall submit
a report to the chairs and ranking minority members of the house of representatives and
senate committees and divisions with jurisdiction over the environment and natural
resources and agriculture on: (1) the activities and outcomes of the center; and (2) any
recommendations for additional funding for education, implementation, or other activities.
new text end

Sec. 60. new text begin REPORT REQUIRED.
new text end

new text begin No later than January 15, 2015, the commissioner of agriculture must report to the
legislative committees with jurisdiction over agriculture finance proposed legislation to
implement sections 12 and 13, including a fee structure that complies with Minnesota
Statutes, section 16A.1285, and is sufficient to cover the commissioner's costs. The
commissioner must examine programs in other states.
new text end

Sec. 61. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 115A.551, subdivision 2, new text end new text begin is repealed.
new text end