HF 846

CCR--HF0846A - 89th Legislature (2015 - 2016)

Posted on 05/18/2015 11:21 a.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 846 1.2A bill for an act 1.3relating to state government; appropriating money for environment and natural 1.4resources; modifying public entity purchasing requirements; modifying solid 1.5waste provisions; modifying subsurface sewage treatment systems provisions; 1.6modifying compensable losses due to harmful substances; modifying invasive 1.7species provisions; modifying state parks and trails provisions; modifying 1.8requirements for fire training; modifying auxiliary forest provisions; modifying 1.9recreational vehicle provisions; providing for all-terrain vehicle safety training 1.10indication on drivers' licenses and identification cards; modifying and providing 1.11for certain fees; creating and modifying certain accounts; providing for and 1.12modifying certain grants; modifying disposition of certain revenue; modifying 1.13certain permit provisions; providing for condemnation of certain school trust 1.14lands; modifying Water Law; providing for certain enforcement delay; modifying 1.15personal flotation device provisions; regulating wake surfing; modifying game 1.16and fish laws; modifying Metropolitan Area Water Supply Advisory Committee 1.17and specifying duties; providing for Minnesota Pollution Control Agency 1.18Citizens' Board; prohibiting sale of certain personal care products containing 1.19synthetic plastic microbeads; requiring reports; requiring rulemaking;amending 1.20Minnesota Statutes 2014, sections 16A.531, subdivision 1a; 16C.073, subdivision 1.212; 84.415, subdivision 7; 84.788, subdivision 5, by adding a subdivision; 84.82, 1.22subdivision 6; 84.84; 84.92, subdivisions 8, 9, 10; 84.922, subdivision 4; 1.2384.925, subdivision 5; 84.9256, subdivision 1; 84.928, subdivision 1; 84D.01, 1.24subdivisions 13, 15, 17, 18, by adding a subdivision; 84D.03, subdivision 3; 1.2584D.06; 84D.10, subdivision 3; 84D.11, subdivision 1; 84D.12, subdivisions 1, 1.263; 84D.13, subdivision 5; 84D.15, subdivision 3; 85.015, subdivision 28, by 1.27adding a subdivision; 85.054, subdivision 12; 85.32, subdivision 1; 86B.313, 1.28subdivisions 1, 4; 86B.315; 86B.401, subdivision 3; 88.17, subdivision 3; 1.2988.49, subdivisions 3, 4, 5, 6, 7, 8, 9, 11; 88.491, subdivision 2; 88.50; 88.51, 1.30subdivisions 1, 3; 88.52, subdivisions 2, 3, 4, 5, 6; 88.523; 88.53, subdivisions 1.311, 2; 88.6435, subdivision 4; 90.14; 90.193; 94.10, subdivision 2; 94.16, 1.32subdivisions 2, 3; 97A.045, subdivision 11; 97A.057, subdivision 1; 97A.435, 1.33subdivision 4; 97A.465, by adding a subdivision; 97B.063; 97B.081, subdivision 1.343; 97B.085, subdivision 2; 97B.301, by adding a subdivision; 97B.668; 97C.005, 1.35subdivision 1, by adding a subdivision; 97C.301, by adding a subdivision; 1.3697C.345, by adding a subdivision; 97C.501, subdivision 2; 103B.101, by adding 1.37a subdivision; 103B.3355; 103F.612, subdivision 2; 103G.005, by adding a 1.38subdivision; 103G.222, subdivisions 1, 3; 103G.2242, subdivisions 1, 2, 3, 4, 1.3912, 14; 103G.2251; 103G.245, subdivision 2; 103G.271, subdivisions 3, 5, 6a; 1.40103G.287, subdivisions 1, 2; 103G.291, subdivision 3; 103G.301, subdivision 1.415a; 115.03, by adding a subdivision; 115.073; 115.55, subdivisions 1, 3; 115.56, 1.42subdivision 2; 115A.03, subdivision 25a; 115A.551, subdivision 2a; 115A.557, 1.43subdivision 2; 115A.93, subdivision 1; 115B.34, subdivision 2; 115C.05; 116.02; 2.1116.03, subdivision 1; 116.07, subdivisions 4d, 4j, 7, by adding a subdivision; 2.2116D.04, by adding a subdivision; 144.12, by adding a subdivision; 171.07, 2.3by adding a subdivision; 282.011, subdivision 3; 446A.073, subdivisions 1, 2.43, 4; 473.1565; Laws 2010, chapter 215, article 3, section 3, subdivision 6, as 2.5amended; Laws 2014, chapter 312, article 12, section 6, subdivision 5; proposing 2.6coding for new law in Minnesota Statutes, chapters 84; 84D; 85; 92; 97A; 2.797B; 103B; 103G; 114C; 115; 115A; 325E; repealing Minnesota Statutes 2014, 2.8sections 84.68; 86B.13, subdivisions 2, 4; 88.47; 88.48; 88.49, subdivisions 2.91, 2, 10; 88.491, subdivision 1; 88.51, subdivision 2; 97A.475, subdivision 2.1025; 97B.905, subdivision 3; 116.02, subdivisions 7, 8, 10; 282.013; 477A.19; 2.11Minnesota Rules, part 6264.0400, subparts 27, 28. 2.12May 17, 2015 2.13The Honorable Kurt L. Daudt 2.14Speaker of the House of Representatives 2.15The Honorable Sandra L. Pappas 2.16President of the Senate 2.17We, the undersigned conferees for H. F. No. 846 report that we have agreed upon the 2.18items in dispute and recommend as follows: 2.19That the Senate recede from its amendment and that H. F. No. 846 be further 2.20amended as follows: 2.21Delete everything after the enacting clause and insert: 2.22"ARTICLE 1 2.23AGRICULTURE APPROPRIATIONS 2.24 Section 1. new text begin AGRICULTURE APPROPRIATIONS new text end 2.25 new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.26 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.27 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.28 new text begin for each purpose. The figures "2016" and "2017" used in this article mean that the new text end 2.29 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2016, or new text end 2.30 new text begin June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal new text end 2.31 new text begin year 2017. "The biennium" is fiscal years 2016 and 2017. new text end 2.32 new text begin APPROPRIATIONS new text end 2.33 new text begin Available for the Year new text end 2.34 new text begin Ending June 30 new text end 2.35 new text begin 2016 new text end new text begin 2017 new text end 2.36 Sec. 2. new text begin DEPARTMENT OF AGRICULTURE new text end 2.37 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 41,510,000 new text end new text begin $ new text end new text begin 45,512,000 new text end 2.38 new text begin Appropriations by Fund new text end 2.39 new text begin 2016 new text end new text begin 2017 new text end 2.40 new text begin General new text end new text begin 40,932,000 new text end new text begin 44,934,000 new text end 3.1 new text begin Remediation new text end new text begin 388,000 new text end new text begin 388,000 new text end 3.2 new text begin Agricultural new text end new text begin 190,000 new text end new text begin 190,000 new text end 3.3 new text begin The amounts that may be spent for each new text end 3.4 new text begin purpose are specified in the following new text end 3.5 new text begin subdivisions. new text end 3.6 new text begin Subd. 2. new text end new text begin Protection Services new text end new text begin 16,452,000 new text end new text begin 16,402,000 new text end 3.7 new text begin Appropriations by Fund new text end 3.8 new text begin 2016 new text end new text begin 2017 new text end 3.9 new text begin General new text end new text begin 15,874,000 new text end new text begin 15,824,000 new text end 3.10 new text begin Agricultural new text end new text begin 190,000 new text end new text begin 190,000 new text end 3.11 new text begin Remediation new text end new text begin 388,000 new text end new text begin 388,000 new text end 3.12 new text begin $25,000 the first year and $25,000 the second new text end 3.13 new text begin year are to develop and maintain cottage new text end 3.14 new text begin food license exemption outreach and training new text end 3.15 new text begin materials. new text end 3.16 new text begin $75,000 the first year is for the commissioner, new text end 3.17 new text begin in consultation with the Northeast Regional new text end 3.18 new text begin Corrections Center and the United Food new text end 3.19 new text begin and Commercial Workers, to study and new text end 3.20 new text begin provide recommendations for upgrading the new text end 3.21 new text begin existing processing facility on the campus of new text end 3.22 new text begin the Northeast Regional Corrections Center new text end 3.23 new text begin into a USDA-certified food processing new text end 3.24 new text begin facility. The commissioner shall report these new text end 3.25 new text begin recommendations to the chairs of the house new text end 3.26 new text begin of representatives and senate committees new text end 3.27 new text begin with jurisdiction over agriculture finance by new text end 3.28 new text begin March 15, 2016. new text end 3.29 new text begin $75,000 the second year is for a coordinator new text end 3.30 new text begin for the correctional facility vocational new text end 3.31 new text begin training pilot program. new text end 3.32 new text begin $388,000 the first year and $388,000 the new text end 3.33 new text begin second year are from the remediation fund new text end 4.1 new text begin for administrative funding for the voluntary new text end 4.2 new text begin cleanup program. new text end 4.3 new text begin $225,000 the first year and $175,000 new text end 4.4 new text begin the second year are for compensation new text end 4.5 new text begin for destroyed or crippled animals under new text end 4.6 new text begin Minnesota Statutes, section 3.737. This new text end 4.7 new text begin appropriation may be spent to compensate new text end 4.8 new text begin for animals that were destroyed or crippled new text end 4.9 new text begin during fiscal years 2014 and 2015. If the new text end 4.10 new text begin amount in the first year is insufficient, the new text end 4.11 new text begin amount in the second year is available in the new text end 4.12 new text begin first year. new text end 4.13 new text begin $125,000 the first year and $125,000 the new text end 4.14 new text begin second year are for compensation for crop new text end 4.15 new text begin damage under Minnesota Statutes, section new text end 4.16 new text begin 3.7371. If the amount in the first year is new text end 4.17 new text begin insufficient, the amount in the second year is new text end 4.18 new text begin available in the first year. new text end 4.19 new text begin If the commissioner determines that claims new text end 4.20 new text begin made under Minnesota Statutes, section new text end 4.21 new text begin 3.737 or 3.7371, are unusually high, amounts new text end 4.22 new text begin appropriated for either program may be new text end 4.23 new text begin transferred to the appropriation for the other new text end 4.24 new text begin program. new text end 4.25 new text begin $70,000 the first year and $70,000 the second new text end 4.26 new text begin year are for additional cannery inspections. new text end 4.27 new text begin $100,000 the first year and $100,000 the new text end 4.28 new text begin second year are for increased oversight of new text end 4.29 new text begin delegated local health boards. new text end 4.30 new text begin $100,000 the first year and $100,000 the new text end 4.31 new text begin second year are to decrease the turnaround new text end 4.32 new text begin time for retail food handler plan reviews. new text end 4.33 new text begin $1,024,000 the first year and $1,024,000 the new text end 4.34 new text begin second year are to streamline the retail food new text end 5.1 new text begin safety regulatory and licensing experience new text end 5.2 new text begin for regulated businesses and to decrease the new text end 5.3 new text begin inspection delinquency rate. new text end 5.4 new text begin $1,350,000 the first year and $1,350,000 the new text end 5.5 new text begin second year are for additional inspections of new text end 5.6 new text begin food manufacturers and wholesalers. new text end 5.7 new text begin $150,000 the first year and $150,000 the new text end 5.8 new text begin second year are for additional funding for new text end 5.9 new text begin dairy inspection services. new text end 5.10 new text begin $150,000 the first year and $150,000 the new text end 5.11 new text begin second year are for additional funding for new text end 5.12 new text begin laboratory services operations. new text end 5.13 new text begin $250,000 the first year and $250,000 new text end 5.14 new text begin the second year are for additional meat new text end 5.15 new text begin inspection services, including inspections new text end 5.16 new text begin provided under the correctional facility new text end 5.17 new text begin vocational training pilot program. new text end 5.18 new text begin Notwithstanding Minnesota Statutes, section new text end 5.19 new text begin 18B.05, $90,000 the first year and $90,000 new text end 5.20 new text begin the second year are from the pesticide new text end 5.21 new text begin regulatory account in the agricultural fund new text end 5.22 new text begin for an increase in the operating budget for new text end 5.23 new text begin the Laboratory Services Division. new text end 5.24 new text begin $100,000 the first year and $100,000 the new text end 5.25 new text begin second year are from the pesticide regulatory new text end 5.26 new text begin account in the agricultural fund to update new text end 5.27 new text begin and modify applicator education and training new text end 5.28 new text begin materials. new text end 5.29 5.30 new text begin Subd. 3. new text end new text begin Agricultural Marketing and new text end new text begin Development new text end new text begin 3,973,000 new text end new text begin 3,873,000 new text end 5.31 new text begin The commissioner may provide one-stop new text end 5.32 new text begin access for farmers in need of information or new text end 5.33 new text begin assistance to obtain or renew licenses, meet new text end 6.1 new text begin state regulatory requirements, or resolve new text end 6.2 new text begin disputes with state agencies. new text end 6.3 new text begin The commissioner must provide outreach new text end 6.4 new text begin to urban farmers regarding the department's new text end 6.5 new text begin financial and technical assistance programs new text end 6.6 new text begin and must assist urban farmers in applying for new text end 6.7 new text begin assistance. new text end 6.8 new text begin $100,000 the first year is to (1) enhance the new text end 6.9 new text begin commissioner's efforts to identify existing new text end 6.10 new text begin and emerging opportunities for Minnesota's new text end 6.11 new text begin agricultural producers and processors to new text end 6.12 new text begin export their products to Cuba, consistent with new text end 6.13 new text begin federal law, and (2) effectively communicate new text end 6.14 new text begin these opportunities to the producers and new text end 6.15 new text begin processors. new text end 6.16 new text begin $186,000 the first year and $186,000 the new text end 6.17 new text begin second year are for transfer to the Minnesota new text end 6.18 new text begin grown account and may be used as grants new text end 6.19 new text begin for Minnesota grown promotion under new text end 6.20 new text begin Minnesota Statutes, section 17.102. Grants new text end 6.21 new text begin may be made for one year. Notwithstanding new text end 6.22 new text begin Minnesota Statutes, section 16A.28, the new text end 6.23 new text begin appropriations encumbered under contract new text end 6.24 new text begin on or before June 30, 2017, for Minnesota new text end 6.25 new text begin grown grants in this paragraph are available new text end 6.26 new text begin until June 30, 2019. new text end 6.27 new text begin $634,000 the first year and $634,000 the new text end 6.28 new text begin second year are for continuation of the dairy new text end 6.29 new text begin development and profitability enhancement new text end 6.30 new text begin and dairy business planning grant programs new text end 6.31 new text begin established under Laws 1997, chapter new text end 6.32 new text begin 216, section 7, subdivision 2, and Laws new text end 6.33 new text begin 2001, First Special Session chapter 2, new text end 6.34 new text begin section 9, subdivision 2. The commissioner new text end 6.35 new text begin may allocate the available sums among new text end 7.1 new text begin permissible activities, including efforts to new text end 7.2 new text begin improve the quality of milk produced in the new text end 7.3 new text begin state, in the proportions that the commissioner new text end 7.4 new text begin deems most beneficial to Minnesota's dairy new text end 7.5 new text begin farmers. The commissioner must submit new text end 7.6 new text begin a detailed accomplishment report and new text end 7.7 new text begin a work plan detailing future plans for, new text end 7.8 new text begin and anticipated accomplishments from, new text end 7.9 new text begin expenditures under this program to the new text end 7.10 new text begin chairs and ranking minority members of the new text end 7.11 new text begin legislative committees with jurisdiction over new text end 7.12 new text begin agriculture policy and finance on or before new text end 7.13 new text begin the start of each fiscal year. If significant new text end 7.14 new text begin changes are made to the plans in the course new text end 7.15 new text begin of the year, the commissioner must notify the new text end 7.16 new text begin chairs and ranking minority members. new text end 7.17 new text begin The commissioner may use funds new text end 7.18 new text begin appropriated in this subdivision for annual new text end 7.19 new text begin cost-share payments to resident farmers new text end 7.20 new text begin or entities that sell, process, or package new text end 7.21 new text begin agricultural products in this state for the costs new text end 7.22 new text begin of organic certification. The commissioner new text end 7.23 new text begin may allocate these funds for assistance for new text end 7.24 new text begin persons transitioning from conventional to new text end 7.25 new text begin organic agriculture. new text end 7.26 7.27 new text begin Subd. 4. new text end new text begin Agriculture, Bioenergy, and new text end new text begin Bioproduct Advancement new text end new text begin 15,018,000 new text end new text begin 18,985,000 new text end 7.28 new text begin $4,483,000 the first year and $8,500,000 the new text end 7.29 new text begin second year are for transfer to the agriculture new text end 7.30 new text begin research, education, extension, and new text end 7.31 new text begin technology transfer account under Minnesota new text end 7.32 new text begin Statutes, section 41A.14, subdivision 3. The new text end 7.33 new text begin transfer in this paragraph includes money for new text end 7.34 new text begin plant breeders at the University of Minnesota new text end 7.35 new text begin for wild rice, potatoes, and grapes. Of these new text end 7.36 new text begin amounts, at least $600,000 each year is for new text end 8.1 new text begin agriculture rapid response under Minnesota new text end 8.2 new text begin Statutes, section 41A.14, subdivision 1, new text end 8.3 new text begin clause (2). Of the amount appropriated in new text end 8.4 new text begin this paragraph, $1,000,000 each year is new text end 8.5 new text begin for transfer to the Board of Regents of the new text end 8.6 new text begin University of Minnesota for research to new text end 8.7 new text begin determine (1) what is causing avian influenza, new text end 8.8 new text begin (2) why some fowl are more susceptible, new text end 8.9 new text begin and (3) prevention measures that can be new text end 8.10 new text begin taken. Of the amount appropriated in this new text end 8.11 new text begin paragraph, $2,000,000 each year is for grants new text end 8.12 new text begin to the Minnesota Agriculture Education new text end 8.13 new text begin Leadership Council to enhance agricultural new text end 8.14 new text begin education with priority given to Farm new text end 8.15 new text begin Business Management challenge grants. new text end 8.16 new text begin To the extent practicable, funds expended new text end 8.17 new text begin under Minnesota Statutes, section 41A.14, new text end 8.18 new text begin subdivision 1, clauses (1) and (2), must new text end 8.19 new text begin supplement and not supplant existing sources new text end 8.20 new text begin and levels of funding. new text end 8.21 new text begin $10,235,000 the first year and $10,235,000 new text end 8.22 new text begin the second year are for the agricultural new text end 8.23 new text begin growth, research, and innovation program new text end 8.24 new text begin in Minnesota Statutes, section 41A.12. No new text end 8.25 new text begin later than February 1, 2016, and February new text end 8.26 new text begin 1, 2017, the commissioner must report to new text end 8.27 new text begin the legislative committees with jurisdiction new text end 8.28 new text begin over agriculture policy and finance regarding new text end 8.29 new text begin the commissioner's accomplishments new text end 8.30 new text begin and anticipated accomplishments in new text end 8.31 new text begin the following areas: facilitating the new text end 8.32 new text begin start-up, modernization, or expansion of new text end 8.33 new text begin livestock operations including beginning new text end 8.34 new text begin and transitioning livestock operations; new text end 8.35 new text begin developing new markets for Minnesota new text end 8.36 new text begin farmers by providing more fruits, vegetables, new text end 9.1 new text begin meat, grain, and dairy for Minnesota school new text end 9.2 new text begin children; assisting value-added agricultural new text end 9.3 new text begin businesses to begin or expand, access new new text end 9.4 new text begin markets, or diversify products; developing new text end 9.5 new text begin urban agriculture; facilitating the start-up, new text end 9.6 new text begin modernization, or expansion of other new text end 9.7 new text begin beginning and transitioning farms including new text end 9.8 new text begin loans under Minnesota Statutes, section new text end 9.9 new text begin 41B.056; sustainable agriculture on farm new text end 9.10 new text begin research and demonstration; development or new text end 9.11 new text begin expansion of food hubs and other alternative new text end 9.12 new text begin community-based food distribution systems; new text end 9.13 new text begin and research on bioenergy, biobased content, new text end 9.14 new text begin or biobased formulated products and other new text end 9.15 new text begin renewable energy development. The new text end 9.16 new text begin commissioner may use up to 4.5 percent new text end 9.17 new text begin of this appropriation for costs incurred to new text end 9.18 new text begin administer the program. Any unencumbered new text end 9.19 new text begin balance does not cancel at the end of the first new text end 9.20 new text begin year and is available for the second year. new text end 9.21 new text begin Notwithstanding Minnesota Statutes, section new text end 9.22 new text begin 16A.28, the appropriations encumbered new text end 9.23 new text begin under contract on or before June 30, 2017, for new text end 9.24 new text begin agricultural growth, research, and innovation new text end 9.25 new text begin grants are available until June 30, 2019. new text end 9.26 new text begin The commissioner may use funds new text end 9.27 new text begin appropriated for the agricultural growth, new text end 9.28 new text begin research, and innovation program as provided new text end 9.29 new text begin in this paragraph. The commissioner may new text end 9.30 new text begin award grants to owners of Minnesota new text end 9.31 new text begin facilities producing bioenergy, biobased new text end 9.32 new text begin content, or a biobased formulated product; new text end 9.33 new text begin to organizations that provide for on-station, new text end 9.34 new text begin on-farm field scale research and outreach to new text end 9.35 new text begin develop and test the agronomic and economic new text end 9.36 new text begin requirements of diverse strands of prairie new text end 10.1 new text begin plants and other perennials for bioenergy new text end 10.2 new text begin systems; or to certain nongovernmental new text end 10.3 new text begin entities. For the purposes of this paragraph, new text end 10.4 new text begin "bioenergy" includes transportation fuels new text end 10.5 new text begin derived from cellulosic material, as well as new text end 10.6 new text begin the generation of energy for commercial heat, new text end 10.7 new text begin industrial process heat, or electrical power new text end 10.8 new text begin from cellulosic materials via gasification or new text end 10.9 new text begin other processes. Grants are limited to 50 new text end 10.10 new text begin percent of the cost of research, technical new text end 10.11 new text begin assistance, or equipment related to bioenergy, new text end 10.12 new text begin biobased content, or biobased formulated new text end 10.13 new text begin product production or $500,000, whichever new text end 10.14 new text begin is less. Grants to nongovernmental entities new text end 10.15 new text begin for the development of business plans and new text end 10.16 new text begin structures related to community ownership new text end 10.17 new text begin of eligible bioenergy facilities together may new text end 10.18 new text begin not exceed $150,000. The commissioner new text end 10.19 new text begin shall make a good-faith effort to select new text end 10.20 new text begin projects that have merit and, when taken new text end 10.21 new text begin together, represent a variety of bioenergy new text end 10.22 new text begin technologies, biomass feedstocks, and new text end 10.23 new text begin geographic regions of the state. Projects new text end 10.24 new text begin must have a qualified engineer provide new text end 10.25 new text begin certification on the technology and fuel new text end 10.26 new text begin source. Grantees must provide reports at the new text end 10.27 new text begin request of the commissioner. new text end 10.28 new text begin Of the amount appropriated for the new text end 10.29 new text begin agricultural growth, research, and innovation new text end 10.30 new text begin program in this subdivision, $1,000,000 the new text end 10.31 new text begin first year and $1,000,000 the second year new text end 10.32 new text begin are for distribution in equal amounts to each new text end 10.33 new text begin of the state's county fairs to preserve and new text end 10.34 new text begin promote Minnesota agriculture. new text end 10.35 new text begin Of the amount appropriated for the new text end 10.36 new text begin agricultural growth, research, and innovation new text end 11.1 new text begin program in this subdivision, $500,000 in new text end 11.2 new text begin fiscal year 2016 and $1,500,000 in fiscal new text end 11.3 new text begin year 2017 are for incentive payments new text end 11.4 new text begin under Minnesota Statutes, sections 41A.16, new text end 11.5 new text begin 41A.17, and 41A.18. If the appropriation new text end 11.6 new text begin exceeds the total amount for which all new text end 11.7 new text begin producers are eligible in a fiscal year, the new text end 11.8 new text begin balance of the appropriation is available new text end 11.9 new text begin to the commissioner for the agricultural new text end 11.10 new text begin growth, research, and innovation program. new text end 11.11 new text begin Notwithstanding Minnesota Statutes, new text end 11.12 new text begin section 16A.28, the first year appropriation new text end 11.13 new text begin is available until June 30, 2017, and the new text end 11.14 new text begin second year appropriation is available until new text end 11.15 new text begin June 30, 2018. The commissioner may use new text end 11.16 new text begin up to 4.5 percent of the appropriation for new text end 11.17 new text begin administration of the incentive payment new text end 11.18 new text begin programs. new text end 11.19 new text begin Of the amount appropriated for the new text end 11.20 new text begin agricultural growth, research, and innovation new text end 11.21 new text begin program in this subdivision, $250,000 the first new text end 11.22 new text begin year is for grants to communities to develop new text end 11.23 new text begin or expand food hubs and other alternative new text end 11.24 new text begin community-based food distribution new text end 11.25 new text begin systems. Of this amount, $50,000 is for new text end 11.26 new text begin the commissioner to consult with existing new text end 11.27 new text begin food hubs, alternative community-based new text end 11.28 new text begin food distribution systems, and University new text end 11.29 new text begin of Minnesota Extension to identify best new text end 11.30 new text begin practices for use by other Minnesota new text end 11.31 new text begin communities. No later than December 15, new text end 11.32 new text begin 2015, the commissioner must report to the new text end 11.33 new text begin legislative committees with jurisdiction over new text end 11.34 new text begin agriculture and health regarding the status of new text end 11.35 new text begin emerging alternative community-based food new text end 11.36 new text begin distribution systems in the state along with new text end 12.1 new text begin recommendations to eliminate any barriers to new text end 12.2 new text begin success. This is a onetime appropriation. new text end 12.3 new text begin $250,000 the first year and $250,000 the new text end 12.4 new text begin second year are for grants that enable new text end 12.5 new text begin retail petroleum dispensers to dispense new text end 12.6 new text begin biofuels to the public in accordance with the new text end 12.7 new text begin biofuel replacement goals established under new text end 12.8 new text begin Minnesota Statutes, section 239.7911. A new text end 12.9 new text begin retail petroleum dispenser selling petroleum new text end 12.10 new text begin for use in spark ignition engines for vehicle new text end 12.11 new text begin model years after 2000 is eligible for grant new text end 12.12 new text begin money under this paragraph if the retail new text end 12.13 new text begin petroleum dispenser has no more than 15 new text end 12.14 new text begin retail petroleum dispensing sites and each new text end 12.15 new text begin site is located in Minnesota. The grant new text end 12.16 new text begin money received under this paragraph must new text end 12.17 new text begin be used for the installation of appropriate new text end 12.18 new text begin technology that uses fuel dispensing new text end 12.19 new text begin equipment appropriate for at least one fuel new text end 12.20 new text begin dispensing site to dispense gasoline that is new text end 12.21 new text begin blended with 15 percent of agriculturally new text end 12.22 new text begin derived, denatured ethanol, by volume, and new text end 12.23 new text begin appropriate technical assistance related to new text end 12.24 new text begin the installation. A grant award must not new text end 12.25 new text begin exceed 85 percent of the cost of the technical new text end 12.26 new text begin assistance and appropriate technology, new text end 12.27 new text begin including remetering of and retrofits for new text end 12.28 new text begin retail petroleum dispensers and replacement new text end 12.29 new text begin of petroleum dispenser projects. The new text end 12.30 new text begin commissioner may use up to $35,000 of this new text end 12.31 new text begin appropriation for administrative expenses. new text end 12.32 new text begin The commissioner shall cooperate with new text end 12.33 new text begin biofuel stakeholders in the implementation new text end 12.34 new text begin of the grant program. The commissioner new text end 12.35 new text begin must report to the legislative committees new text end 12.36 new text begin with jurisdiction over agriculture policy and new text end 13.1 new text begin finance by February 1 each year, detailing new text end 13.2 new text begin the number of grants awarded under this new text end 13.3 new text begin paragraph and the projected effect of the grant new text end 13.4 new text begin program on meeting the biofuel replacement new text end 13.5 new text begin goals under Minnesota Statutes, section new text end 13.6 new text begin 239.7911. These are onetime appropriations. new text end 13.7 new text begin $25,000 the first year and $25,000 the second new text end 13.8 new text begin year are for grants to the Southern Minnesota new text end 13.9 new text begin Initiative Foundation to promote local foods new text end 13.10 new text begin through an annual event that raises public new text end 13.11 new text begin awareness of local foods and connects local new text end 13.12 new text begin food producers and processors with potential new text end 13.13 new text begin buyers. new text end 13.14 13.15 new text begin Subd. 5. new text end new text begin Administration and Financial new text end new text begin Assistance new text end new text begin 6,067,000 new text end new text begin 6,252,000 new text end 13.16 new text begin $150,000 the first year and $150,000 the new text end 13.17 new text begin second year are for grants to the Center for new text end 13.18 new text begin Rural Policy and Development. new text end 13.19 new text begin The base for the farm-to-foodshelf program new text end 13.20 new text begin in fiscal years 2018 and 2019 is $1,100,000 new text end 13.21 new text begin each year. new text end 13.22 new text begin $25,000 the first year is for the livestock new text end 13.23 new text begin industry study. new text end 13.24 new text begin $47,000 the first year and $47,000 the second new text end 13.25 new text begin year are for the Northern Crops Institute. new text end 13.26 new text begin These appropriations may be spent to new text end 13.27 new text begin purchase equipment. new text end 13.28 new text begin $18,000 the first year and $18,000 the new text end 13.29 new text begin second year are for grants to the Minnesota new text end 13.30 new text begin Livestock Breeders Association. new text end 13.31 new text begin $235,000 the first year and $235,000 the new text end 13.32 new text begin second year are for grants to the Minnesota new text end 13.33 new text begin Agricultural Education and Leadership new text end 14.1 new text begin Council for programs of the council under new text end 14.2 new text begin Minnesota Statutes, chapter 41D. new text end 14.3 new text begin $474,000 the first year and $474,000 the new text end 14.4 new text begin second year are for payments to county and new text end 14.5 new text begin district agricultural societies and associations new text end 14.6 new text begin under Minnesota Statutes, section 38.02, new text end 14.7 new text begin subdivision 1. Aid payments to county and new text end 14.8 new text begin district agricultural societies and associations new text end 14.9 new text begin shall be disbursed no later than July 15 of new text end 14.10 new text begin each year. These payments are the amount of new text end 14.11 new text begin aid from the state for an annual fair held in new text end 14.12 new text begin the previous calendar year. new text end 14.13 new text begin $1,000 the first year and $1,000 the second new text end 14.14 new text begin year are for grants to the Minnesota State new text end 14.15 new text begin Poultry Association. new text end 14.16 new text begin $108,000 the first year and $108,000 the new text end 14.17 new text begin second year are for annual grants to the new text end 14.18 new text begin Minnesota Turf Seed Council for basic new text end 14.19 new text begin and applied research on: (1) the improved new text end 14.20 new text begin production of forage and turf seed related to new text end 14.21 new text begin new and improved varieties; and (2) native new text end 14.22 new text begin plants, including plant breeding, nutrient new text end 14.23 new text begin management, pest management, disease new text end 14.24 new text begin management, yield, and viability. The grant new text end 14.25 new text begin recipient may subcontract with a qualified new text end 14.26 new text begin third party for some or all of the basic or new text end 14.27 new text begin applied research. new text end 14.28 new text begin $550,000 the first year and $550,000 the new text end 14.29 new text begin second year are for grants to Second Harvest new text end 14.30 new text begin Heartland on behalf of Minnesota's six new text end 14.31 new text begin Second Harvest food banks for the purchase new text end 14.32 new text begin of milk for distribution to Minnesota's food new text end 14.33 new text begin shelves and other charitable organizations new text end 14.34 new text begin that are eligible to receive food from the food new text end 14.35 new text begin banks. Milk purchased under the grants must new text end 15.1 new text begin be acquired from Minnesota milk processors new text end 15.2 new text begin and based on low-cost bids. The milk must be new text end 15.3 new text begin allocated to each Second Harvest food bank new text end 15.4 new text begin serving Minnesota according to the formula new text end 15.5 new text begin used in the distribution of United States new text end 15.6 new text begin Department of Agriculture commodities new text end 15.7 new text begin under The Emergency Food Assistance new text end 15.8 new text begin Program (TEFAP). Second Harvest new text end 15.9 new text begin Heartland must submit quarterly reports new text end 15.10 new text begin to the commissioner on forms prescribed new text end 15.11 new text begin by the commissioner. The reports must new text end 15.12 new text begin include, but are not limited to, information new text end 15.13 new text begin on the expenditure of funds, the amount new text end 15.14 new text begin of milk purchased, and the organizations new text end 15.15 new text begin to which the milk was distributed. Second new text end 15.16 new text begin Harvest Heartland may enter into contracts new text end 15.17 new text begin or agreements with food banks for shared new text end 15.18 new text begin funding or reimbursement of the direct new text end 15.19 new text begin purchase of milk. Each food bank receiving new text end 15.20 new text begin money from this appropriation may use up to new text end 15.21 new text begin two percent of the grant for administrative new text end 15.22 new text begin expenses. new text end 15.23 new text begin $113,000 the first year and $113,000 the new text end 15.24 new text begin second year are for transfer to the Board of new text end 15.25 new text begin Trustees of the Minnesota State Colleges new text end 15.26 new text begin and Universities for statewide mental health new text end 15.27 new text begin counseling support to farm families and new text end 15.28 new text begin business operators. South Central College new text end 15.29 new text begin shall serve as the fiscal agent. new text end 15.30 new text begin $17,000 the first year and $17,000 the new text end 15.31 new text begin second year are for grants to the Minnesota new text end 15.32 new text begin Horticultural Society. new text end 15.33 Sec. 3. new text begin BOARD OF ANIMAL HEALTH new text end new text begin $ new text end new text begin 5,318,000 new text end new text begin $ new text end new text begin 5,384,000 new text end 16.1 16.2 Sec. 4. new text begin AGRICULTURAL UTILIZATION new text end new text begin RESEARCH INSTITUTE new text end new text begin $ new text end new text begin 3,643,000 new text end new text begin $ new text end new text begin 3,643,000 new text end 16.3    Sec. 5. new text begin AVIAN INFLUENZA RESPONSE ACTIVITIES; APPROPRIATIONS. new text end 16.4 new text begin (a) $3,619,000 is appropriated from the general fund in fiscal year 2016 to the new text end 16.5 new text begin commissioner of agriculture for avian influenza emergency response activities. The new text end 16.6 new text begin commissioner may use money appropriated under this paragraph to purchase necessary new text end 16.7 new text begin euthanasia and composting equipment and to reimburse costs incurred by local units of new text end 16.8 new text begin government directly related to avian influenza emergency response activities that are not new text end 16.9 new text begin eligible for federal reimbursement. This appropriation is available the day following final new text end 16.10 new text begin enactment until June 30, 2017. new text end 16.11 new text begin (b) $1,853,000 is appropriated from the general fund in fiscal year 2016 to the new text end 16.12 new text begin Board of Animal Health for avian influenza emergency response activities. The Board new text end 16.13 new text begin may use money appropriated under this paragraph to purchase necessary euthanasia and new text end 16.14 new text begin composting equipment. This appropriation is available the day following final enactment new text end 16.15 new text begin until June 30, 2017. new text end 16.16 new text begin (c) $103,000 is appropriated from the general fund in fiscal year 2016 to the new text end 16.17 new text begin commissioner of health for avian influenza emergency response activities. This new text end 16.18 new text begin appropriation is available the day following final enactment until June 30, 2017. new text end 16.19 new text begin (d) $350,000 is appropriated from the general fund in fiscal year 2016 to the new text end 16.20 new text begin commissioner of natural resources for sampling wild animals to detect and monitor the new text end 16.21 new text begin avian influenza virus. This appropriation may also be used to conduct serology sampling, new text end 16.22 new text begin in consultation with the Board of Animal Health and the University of Minnesota Pomeroy new text end 16.23 new text begin Chair in Avian Health, from birds within a control zone and outside of a control zone. new text end 16.24 new text begin This appropriation is available the day following final enactment until June 30, 2017. new text end 16.25 new text begin (e) $544,000 is appropriated from the general fund in fiscal year 2016 to the new text end 16.26 new text begin commissioner of public safety to operate the State Emergency Operation Center in new text end 16.27 new text begin coordination with the statewide avian influenza response activities. Appropriations new text end 16.28 new text begin under this paragraph may also be used to support a staff person at the state's agricultural new text end 16.29 new text begin incident command post in Willmar. This appropriation is available the day following final new text end 16.30 new text begin enactment until June 30, 2017. new text end 16.31 new text begin (f) The commissioner of management and budget may transfer unexpended balances new text end 16.32 new text begin from the appropriations in this section to any state agency for operating expenses related new text end 16.33 new text begin to avian influenza emergency response activities. The commissioner of management and new text end 16.34 new text begin budget must report each transfer to the chairs and ranking minority members of the senate new text end 16.35 new text begin Committee on Finance and the house of representatives Committee on Ways and Means. new text end 17.1    Sec. 6. new text begin RURAL FINANCE AUTHORITY; APPROPRIATION. new text end 17.2 new text begin $10,000,000 is appropriated in fiscal year 2016 from the general fund to the new text end 17.3 new text begin commissioner of agriculture for transfer to the rural finance authority revolving loan new text end 17.4 new text begin account under Minnesota Statutes, section 41B.06, for the purposes of disaster recovery new text end 17.5 new text begin loans under Minnesota Statutes, section 41B.047. This appropriation is available the day new text end 17.6 new text begin following final enactment until June 30, 2017. new text end 17.7    Sec. 7. new text begin AVIAN INFLUENZA; FEDERAL FUNDS APPROPRIATION AND new text end 17.8 new text begin REPORTING. new text end 17.9 new text begin All federal money received in fiscal years 2015 through 2017 by the Board of Animal new text end 17.10 new text begin Health or the commissioner of agriculture, health, natural resources, or public safety to new text end 17.11 new text begin address avian influenza is appropriated in the fiscal year when it is received. Before new text end 17.12 new text begin spending federal funds appropriated in this section, the commissioner of management and new text end 17.13 new text begin budget shall report the anticipated federal funds appropriated under this section and their new text end 17.14 new text begin intended purpose to the Legislative Advisory Commission, consistent with the urgent new text end 17.15 new text begin federal funds request procedure under Minnesota Statutes, section 3.3005, subdivision new text end 17.16 new text begin 4. By January 15, 2018, the commissioner of management and budget shall report the new text end 17.17 new text begin actual federal funds received and appropriated under this section and their actual use new text end 17.18 new text begin to the Legislative Advisory Commission. new text end 17.19    Sec. 8. new text begin EFFECTIVE DATE. new text end 17.20 new text begin Sections 5 to 7 are effective the day following final enactment. new text end 17.21ARTICLE 2 17.22AGRICULTURE POLICY 17.23    Section 1. Minnesota Statutes 2014, section 3.737, is amended by adding a subdivision 17.24to read: 17.25     new text begin Subd. 6. new text end new text begin Federal reimbursement. new text end new text begin The commissioner must pursue federal new text end 17.26 new text begin reimbursement for any compensation payment issued under this section while: new text end 17.27 new text begin (1) the United States Fish and Wildlife Service lists the Minnesota population of gray new text end 17.28 new text begin wolves as endangered and threatened wildlife under the federal Endangered Species Act; or new text end 17.29 new text begin (2) the federal government otherwise prohibits livestock producers from protecting new text end 17.30 new text begin their livestock from wolf depredation. new text end 17.31    Sec. 2. Minnesota Statutes 2014, section 13.643, subdivision 1, is amended to read: 18.1    Subdivision 1. Department of Agriculture data. (a) Loan and grant applicant 18.2data. The following data on applicants, collected by the Department of Agriculture in its 18.3sustainable agriculture revolving loan and grant programs new text begin program new text end under sections 17.115 18.4and new text begin section new text end 17.116, are private or nonpublic: nonfarm income; credit history; insurance 18.5coverage; machinery and equipment list; financial information; and credit information 18.6requests. 18.7(b) Farm advocate data. The following data supplied by farmer clients to 18.8Minnesota farm advocates and to the Department of Agriculture are private data on 18.9individuals: financial history, including listings of assets and debts, and personal and 18.10emotional status information. 18.11    Sec. 3. Minnesota Statutes 2014, section 18B.01, subdivision 28, is amended to read: 18.12    Subd. 28. Structural pest. "Structural pest" means a new text begin an invertebrate new text end pest, other 18.13than a plant, new text begin or commensal rodent new text end in, on, under, or near a structure new text begin such as a residential new text end 18.14 new text begin or commercial building new text end . 18.15    Sec. 4. Minnesota Statutes 2014, section 18B.01, subdivision 29, is amended to read: 18.16    Subd. 29. Structural pest control. "Structural pest control" means the control of 18.17any structural pest through the use of a device, a procedure, or application of pesticides new text begin or new text end 18.18 new text begin through other means new text end in or around a building or other structures, including trucks, boxcars, 18.19ships, aircraft, docks, and fumigation vaults, and the business activity related to use of a 18.20device, a procedure, or application of a pesticide. 18.21    Sec. 5. Minnesota Statutes 2014, section 18B.05, subdivision 1, is amended to read: 18.22    Subdivision 1. Establishment. A pesticide regulatory account is established in the 18.23agricultural fund. Fees, assessments, and penalties collected under this chapter must 18.24be deposited in the agricultural fund and credited to the pesticide regulatory account. 18.25Money in the account, including interest, is appropriated to the commissioner for the 18.26administration and enforcement of this chapter new text begin and up to $20,000 per fiscal year may also new text end 18.27 new text begin be used by the commissioner for purposes of section 18H.14, paragraph (e) new text end . 18.28    Sec. 6. Minnesota Statutes 2014, section 18B.32, subdivision 1, is amended to read: 18.29    Subdivision 1. Requirement. (a) A person may not engage in structural pest 18.30control applications: 18.31(1) for hire without a structural pest control license; and 19.1(2) as a sole proprietorship, company, partnership, or corporation unless the person 19.2is or employs a licensed master in structural pest control operations. 19.3(b) A structural pest control licensee must have a valid license identification card 19.4when applying new text begin to purchase a restricted use pesticide or apply new text end pesticides for hire and must 19.5display it upon demand by an authorized representative of the commissioner or a law 19.6enforcement officer. The license identification card must contain information required by 19.7the commissioner. 19.8(c) Notwithstanding the licensing requirements of this subdivision, a person may 19.9control the following nuisance or economically damaging wild animals, by trapping, 19.10without a structural pest control license: 19.11(1) fur-bearing animals, as defined in section , with a valid trapping license 19.12or special permit from the commissioner of natural resources; and 19.13(2) skunks, woodchucks, gophers, porcupines, coyotes, moles, and weasels. 19.14    Sec. 7. Minnesota Statutes 2014, section 18B.33, subdivision 1, is amended to read: 19.15    Subdivision 1. Requirement. (a) A person may not apply a pesticide for hire 19.16without a commercial applicator license for the appropriate use categories or a structural 19.17pest control license. 19.18    (b) A commercial applicator licensee must have a valid license identification card 19.19when applying new text begin to purchase a restricted use pesticide or apply new text end pesticides for hire and must 19.20display it upon demand by an authorized representative of the commissioner or a law 19.21enforcement officer. The commissioner shall prescribe the information required on the 19.22license identification card. 19.23    Sec. 8. Minnesota Statutes 2014, section 18B.34, subdivision 1, is amended to read: 19.24    Subdivision 1. Requirement. (a) Except for a licensed commercial applicator, 19.25certified private applicator, or licensed structural pest control applicator, a person, 19.26including a government employee, may not new text begin purchase or new text end use a restricted use pesticide in 19.27performance of official duties without having a noncommercial applicator license for an 19.28appropriate use category. 19.29    (b) A licensee must have a valid license identification card when applying pesticides 19.30and must display it upon demand by an authorized representative of the commissioner 19.31or a law enforcement officer. The license identification card must contain information 19.32required by the commissioner. 19.33    Sec. 9. Minnesota Statutes 2014, section 18C.425, subdivision 6, is amended to read: 20.1    Subd. 6. Payment of inspection fee. (a) The person who registers and distributes in 20.2the state a specialty fertilizer, soil amendment, or plant amendment under section 18C.411 20.3shall pay the inspection fee to the commissioner. 20.4(b) The person licensed under section 18C.415 who distributes a fertilizer to a person 20.5not required to be so licensed shall pay the inspection fee to the commissioner, except as 20.6exempted under section 18C.421, subdivision 1, paragraph (b). 20.7(c) The person responsible for payment of the inspection fees for fertilizers, soil 20.8amendments, or plant amendments sold and used in this state must pay an inspection fee 20.9of 30 new text begin 39 new text end cents per ton, and until June 30, 2019, an additional 40 cents per ton, of fertilizer, 20.10soil amendment, and plant amendment sold or distributed in this state, with a minimum 20.11of $10 on all tonnage reports. new text begin Notwithstanding section 18C.131, the commissioner new text end 20.12 new text begin must deposit all revenue from the additional 40 cent per ton fee in the agricultural new text end 20.13 new text begin fertilizer research and education account in section 18C.80. new text end Products sold or distributed to 20.14manufacturers or exchanged between them are exempt from the inspection fee imposed by 20.15this subdivision if the products are used exclusively for manufacturing purposes. 20.16(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant 20.17amendment, or soil amendment distribution amounts and inspection fees paid for a period 20.18of three years. 20.19    Sec. 10. Minnesota Statutes 2014, section 18C.70, subdivision 2, is amended to read: 20.20    Subd. 2. Powers and duties. The council must review applications and select 20.21projects to receive agricultural fertilizer research and education program grants, as 20.22authorized in section 18C.71. The council must establish a program to provide grants to 20.23research, education, and technology transfer projects related to agricultural fertilizer, soil 20.24amendments, and plant amendments. For the purpose of this section, "fertilizer" includes 20.25soil amendments and plant amendments, but does not include vegetable or animal manures 20.26that are not manipulated. The commissioner is responsible for all fiscal and administrative 20.27duties in the first year and may use up to eight percent of program revenue to offset costs 20.28incurred. No later than October 1, 2007, the commissioner must provide the council with 20.29an estimate of the annual costs the commissioner would incur in administering the program. 20.30    Sec. 11. new text begin [18C.80] AGRICULTURAL FERTILIZER RESEARCH AND new text end 20.31 new text begin EDUCATION ACCOUNT. new text end 20.32     new text begin Subdivision 1. new text end new text begin Account; appropriation. new text end new text begin An agricultural fertilizer research new text end 20.33 new text begin and education account is established in the agricultural fund. Money in the account, new text end 20.34 new text begin including interest earned, is appropriated to the commissioner for grants determined by the new text end 21.1 new text begin Minnesota Agricultural Fertilizer Research and Education Council under section 18C.71. new text end 21.2 new text begin The commissioner may use up to $80,000 each fiscal year for direct costs incurred to new text end 21.3 new text begin provide fiscal and administrative support to the council as required under section 18C.70, new text end 21.4 new text begin subdivision 2. The commissioner may also recover associated indirect costs from the new text end 21.5 new text begin account as required under section 16A.127. new text end 21.6     new text begin Subd. 2. new text end new text begin Expiration. new text end new text begin This section expires June 30, 2020. new text end 21.7    Sec. 12. Minnesota Statutes 2014, section 18G.10, subdivision 3, is amended to read: 21.8    Subd. 3. Cooperative agreements. The commissioner may enter into cooperative 21.9agreements with federal and state agencies for administration of the export certification 21.10program. An exporter of plants or plant products desiring to originate shipments from 21.11Minnesota to a foreign country requiring a phytosanitary certificate or export certificate 21.12must submit an application to the commissioner. 21.13    Sec. 13. Minnesota Statutes 2014, section 18G.10, subdivision 4, is amended to read: 21.14    Subd. 4. Phytosanitary and export certificates. new text begin An exporter of plants or plant new text end 21.15 new text begin products desiring to originate shipments from Minnesota to a foreign country requiring new text end 21.16 new text begin a phytosanitary certificate or export certificate must submit an application to the new text end 21.17 new text begin commissioner. new text end Application for phytosanitary certificates or export certificates must be 21.18made on forms provided or approved by the commissioner. The commissioner shall new text begin may new text end 21.19conduct inspections of plants, plant products, or facilities for persons that have applied for 21.20or intend to apply for a phytosanitary certificate or export certificate from the commissioner. 21.21Inspections must include one or more of the following as requested or required: 21.22(1) an inspection of the plants or plant products intended for export under a 21.23phytosanitary certificate or export certificate; 21.24(2) field inspections of growing plants to determine presence or absence of plant 21.25diseases, if necessary; 21.26(3) laboratory diagnosis for presence or absence of plant diseases, if necessary; 21.27(4) observation and evaluation of procedures and facilities utilized in handling 21.28plants and plant products, if necessary; and 21.29(5) review of United States Department of Agriculture, Federal Grain Inspection 21.30Service Official Export Grain Inspection Certificate logs. 21.31The commissioner may issue a phytosanitary certificate or export certificate if the 21.32plants or plant products satisfactorily meet the requirements of the importing foreign 21.33country and the United States Department of Agriculture requirements. The requirements 21.34of the destination countries must be met by the applicant. 22.1    Sec. 14. Minnesota Statutes 2014, section 18G.10, subdivision 5, is amended to read: 22.2    Subd. 5. Certificate fees. (a) The commissioner shall assess the fees in paragraphs 22.3(b) to (f) new text begin fees sufficient to recover all costs new text end for the inspection, service, and work performed 22.4in carrying out the issuance of a phytosanitary certificate or export certificate. The 22.5inspection fee must be based on mileage and inspection time. 22.6(b) Mileage charge: current United States Internal Revenue Service mileage rate. 22.7(c) Inspection time: $50 per hour minimum or fee necessary to cover department 22.8costs. Inspection time includes the driving time to and from the location in addition to 22.9the time spent conducting the inspection. 22.10(d) new text begin (b) new text end If laboratory analysis or other technical analysis is required to issue a 22.11certificate, the commissioner must set and collect the fee to recover this additional cost. 22.12(e) new text begin (c) The new text end certificate fee for product value greater than $250: new text begin is new text end $75 new text begin or a fee amount, new text end 22.13 new text begin not to exceed $300, that is sufficient to recover all processing costs new text end for each phytosanitary 22.14or export certificate issued for any single shipment valued at more than $250 in addition to 22.15any mileage or inspection time charges that are assessed. 22.16(f) Certificate fee for product value less than $250: $25 for each phytosanitary or 22.17export certificate issued for any single shipment valued at less than $250 in addition to 22.18any mileage or inspection time charges that are assessed. 22.19(g) new text begin (d) new text end For services provided for in subdivision 7 that are goods and services 22.20provided for the direct and primary use of a private individual, business, or other entity, 22.21the commissioner must set and collect the fees to cover the cost of the services provided. 22.22    Sec. 15. Minnesota Statutes 2014, section 18H.02, subdivision 20, is amended to read: 22.23    Subd. 20. Nursery stock. "Nursery stock" means a plant intended for planting or 22.24propagation, including, but not limited to, trees, shrubs, vines, perennials, biennials, grafts, 22.25cuttings, and buds that may be sold for propagation, whether cultivated or wild, and all 22.26viable parts of these plants. Nursery stock does not include: 22.27(1) field and forage crops new text begin or sod new text end ; 22.28(2) the seeds of grasses, cereal grains, vegetable crops, and flowers; 22.29(3) vegetable plants, bulbs, or tubers; 22.30(4) cut flowers, unless stems or other portions are intended for propagation; 22.31(5) annuals; or 22.32(6) Christmas trees. 22.33    Sec. 16. Minnesota Statutes 2014, section 18H.02, is amended by adding a subdivision 22.34to read: 23.1     new text begin Subd. 32a. new text end new text begin Sod. new text end new text begin "Sod" means the upper portion of soil that contains the roots of new text end 23.2 new text begin grasses and the living grass plants. new text end 23.3    Sec. 17. Minnesota Statutes 2014, section 18H.02, is amended by adding a subdivision 23.4to read: 23.5     new text begin Subd. 35. new text end new text begin Tropical plant. new text end new text begin "Tropical plant" means a plant that has a United States new text end 23.6 new text begin Department of Agriculture hardiness zone designation of zone 6 or greater, or an annual new text end 23.7 new text begin minimum hardiness temperature of -9 degrees Fahrenheit. new text end 23.8    Sec. 18. Minnesota Statutes 2014, section 18H.06, subdivision 2, is amended to read: 23.9    Subd. 2. Occasional sales. (a) An individual may offer nursery stock for sale and be 23.10exempt from the requirement to obtain a nursery stock dealer certificate if: 23.11(1) the gross sales of all nursery stock in a calendar year do not exceed $2,000; 23.12(2) all nursery stock sold or distributed by the individual is intended for planting 23.13in Minnesota; 23.14(3) all nursery stock purchased or procured for resale or distribution was grown in 23.15Minnesota and has been certified by the commissioner; and 23.16(4) new text begin the individual new text end conducts sales or distributions of nursery stock on ten or fewer 23.17days in a calendar year. 23.18(b) The commissioner may prescribe the conditions of the exempt nursery sales under 23.19this subdivision and may conduct routine inspections of the nursery stock offered for sale. 23.20    Sec. 19. Minnesota Statutes 2014, section 18H.07, is amended to read: 23.2118H.07 FEE SCHEDULE. 23.22    Subdivision 1. Establishment of fees. The commissioner shall establish fees 23.23sufficient to allow for the administration and enforcement of this chapter and rules adopted 23.24under this chapter, including the portion of general support costs and statewide indirect 23.25costs of the agency attributable to that function, with a reserve sufficient for up to six 23.26months. The commissioner shall review the fee schedule annually in consultation with 23.27the Minnesota Nursery and Landscape Advisory Committee. For the certificate year 23.28beginning January 1, 2006, the fees are as described in this section. 23.29    Subd. 2. Nursery stock grower certificate. (a) A nursery stock grower must 23.30pay an annual fee based on the area of all acreage on which nursery stock is grown for 23.31certification as follows: 23.32(1) less than one-half acre, $150; 23.33(2) from one-half acre to two acres, $200; 24.1(3) over two acres up to five acres, $300; 24.2(4) over five acres up to ten acres, $350; 24.3(5) over ten acres up to 20 acres, $500; 24.4(6) over 20 acres up to 40 acres, $650; 24.5(7) over 40 acres up to 50 acres, $800; 24.6(8) over 50 acres up to 200 acres, $1,100; 24.7(9) over 200 acres up to 500 acres, $1,500; and 24.8(10) over 500 acres, $1,500 plus $2 for each additional acre. 24.9(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due 24.10must be charged for each month, or portion thereof, that the fee is delinquent up to a 24.11maximum of 30 percent for any application for renewal not postmarked by December 31 24.12of the current year. 24.13 new text begin (c) A nursery stock grower found operating without a valid nursery stock grower new text end 24.14 new text begin certificate cannot offer for sale or sell nursery stock until: (1) payment is received by the new text end 24.15 new text begin commissioner for (i) the certificate fee due, and (ii) a penalty equal to the certificate fee new text end 24.16 new text begin owed; and (2) a new certificate is issued to the nursery stock grower by the commissioner. new text end 24.17    Subd. 3. Nursery stock dealer certificate. (a) A nursery stock dealer must pay an 24.18annual fee based on the dealer's gross sales of certified nursery stock per location during 24.19the most recent certificate year. A certificate applicant operating for the first time must pay 24.20the minimum fee. The fees per sales location are: 24.21(1) gross sales up to $5,000, $150; 24.22(2) gross sales over $5,000 up to $20,000, $175; 24.23(3) gross sales over $20,000 up to $50,000, $300; 24.24(4) gross sales over $50,000 up to $75,000, $425; 24.25(5) gross sales over $75,000 up to $100,000, $550; 24.26(6) gross sales over $100,000 up to $200,000, $675; and 24.27(7) gross sales over $200,000, $800. 24.28(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due 24.29must be charged for each month, or portion thereof, that the fee is delinquent up to a 24.30maximum of 30 percent for any application for renewal not postmarked by December 31 24.31of the current year. 24.32 new text begin (c) A nursery stock dealer found operating without a valid nursery stock dealer new text end 24.33 new text begin certificate cannot offer for sale or sell nursery stock until: (1) payment is received by the new text end 24.34 new text begin commissioner for (i) the certificate fee due, and (ii) a penalty equal to the certificate fee new text end 24.35 new text begin owed; and (2) a new certificate is issued to the nursery stock dealer by the commissioner. new text end 25.1    Subd. 4. Reinspection; additional or optional inspection fees. If a reinspection is 25.2required or an additional inspection is needed or requested a fee must be assessed based 25.3on mileage and inspection time as follows: 25.4(1) mileage must be charged at the current United States Internal Revenue Service 25.5reimbursement rate; and 25.6(2) inspection time must be charged at the rate of $50 per hour new text begin a rate sufficient to new text end 25.7 new text begin recover all inspection costs new text end , including the driving time to and from the location in addition 25.8to the time spent conducting the inspection. 25.9    Sec. 20. Minnesota Statutes 2014, section 18H.17, is amended to read: 25.1018H.17 NURSERY AND PHYTOSANITARY ACCOUNT. 25.11A nursery and phytosanitary account is established in the state treasury. The fees 25.12and penalties collected under this chapter and interest attributable to money in the account 25.13must be deposited in the state treasury and credited to the nursery and phytosanitary 25.14account in the agricultural fund. Money in the account, including interest earned, is 25.15annually appropriated to the commissioner for the administration and enforcement for 25.16this chapter. new text begin The commissioner may spend no more than $20,000 from the account each new text end 25.17 new text begin fiscal year for purposes of section 18H.14, paragraph (e). new text end 25.18    Sec. 21. Minnesota Statutes 2014, section 18J.01, is amended to read: 25.1918J.01 DEFINITIONS. 25.20(a) The definitions in sections 18G.02, 18H.02, new text begin , new text end 27.01, 223.16, 231.01, 25.21and 232.21 apply to this chapter. 25.22(b) For purposes of this chapter, "associated rules" means rules adopted under this 25.23chapter, chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232, or sections 21.80 to 21.92. 25.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.25    Sec. 22. Minnesota Statutes 2014, section 18J.02, is amended to read: 25.2618J.02 DUTIES OF COMMISSIONER. 25.27The commissioner shall administer and enforce this chapter, chapters 18G, 18H, 25.28 new text begin 18K, new text end 27, 223, 231, and 232; sections 21.80 to 21.92; and associated rules. 25.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.30    Sec. 23. Minnesota Statutes 2014, section 18J.03, is amended to read: 26.118J.03 CIVIL LIABILITY. 26.2A person regulated by this chapter, chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232, 26.3or sections 21.80 to 21.92, is civilly liable for any violation of one of those statutes or 26.4associated rules by the person's employee or agent. 26.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 26.6    Sec. 24. Minnesota Statutes 2014, section 18J.04, subdivision 1, is amended to read: 26.7    Subdivision 1. Access and entry. The commissioner, upon presentation of official 26.8department credentials, must be granted immediate access at reasonable times to sites 26.9where a person manufactures, distributes, uses, handles, disposes of, stores, or transports 26.10seeds, plants, grain, household goods, general merchandise, produce, or other living or 26.11nonliving products or other objects regulated under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, 26.12or 232; sections 21.80 to 21.92; or associated rules. 26.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 26.14    Sec. 25. Minnesota Statutes 2014, section 18J.04, subdivision 2, is amended to read: 26.15    Subd. 2. Purpose of entry. (a) The commissioner may enter sites for: 26.16(1) inspection of inventory and equipment for the manufacture, storage, handling, 26.17distribution, disposal, or any other process regulated under chapter 18G, 18H, new text begin 18K, new text end 27, 26.18223, 231, or 232; sections 21.80 to 21.92; or associated rules; 26.19(2) sampling of sites, seeds, plants, products, grain, household goods, general 26.20merchandise, produce, or other living or nonliving objects that are manufactured, stored, 26.21distributed, handled, or disposed of at those sites and regulated under chapter 18G, 18H, 26.22 new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules; 26.23(3) inspection of records related to the manufacture, distribution, storage, handling, 26.24or disposal of seeds, plants, products, grain, household goods, general merchandise, 26.25produce, or other living or nonliving objects regulated under chapter 18G, 18H, new text begin 18K, new text end 27, 26.26223, 231, or 232; sections 21.80 to 21.92; or associated rules; 26.27(4) investigating compliance with chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; 26.28sections 21.80 to 21.92; or associated rules; or 26.29(5) other purposes necessary to implement chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 26.30232; sections 21.80 to 21.92; or associated rules. 26.31(b) The commissioner may enter any public or private premises during or after 26.32regular business hours without notice of inspection when a suspected violation of chapter 27.118G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may 27.2threaten public health or the environment. 27.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 27.4    Sec. 26. Minnesota Statutes 2014, section 18J.04, subdivision 3, is amended to read: 27.5    Subd. 3. Notice of inspection samples and analyses. (a) The commissioner shall 27.6provide the owner, operator, or agent in charge with a receipt describing any samples 27.7obtained. If requested, the commissioner shall split any samples obtained and provide 27.8them to the owner, operator, or agent in charge. If an analysis is made of the samples, 27.9a copy of the results of the analysis must be furnished to the owner, operator, or agent 27.10in charge within 30 days after an analysis has been performed. If an analysis is not 27.11performed, the commissioner must notify the owner, operator, or agent in charge within 30 27.12days of the decision not to perform the analysis. 27.13(b) The sampling and analysis must be done according to methods provided for 27.14under applicable provisions of chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 27.1521.80 to 21.92; or associated rules. In cases not covered by those sections and methods 27.16or in cases where methods are available in which improved applicability has been 27.17demonstrated the commissioner may adopt appropriate methods from other sources. 27.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 27.19    Sec. 27. Minnesota Statutes 2014, section 18J.04, subdivision 4, is amended to read: 27.20    Subd. 4. Inspection requests by others. (a) A person who believes that a violation 27.21of chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated 27.22rules has occurred may request an inspection by giving notice to the commissioner of the 27.23violation. The notice must be in writing, state with reasonable particularity the grounds 27.24for the notice, and be signed by the person making the request. 27.25(b) If after receiving a notice of violation the commissioner reasonably believes that 27.26a violation has occurred, the commissioner shall make a special inspection in accordance 27.27with the provisions of this section as soon as practicable, to determine if a violation has 27.28occurred. 27.29(c) An inspection conducted pursuant to a notice under this subdivision may cover 27.30an entire site and is not limited to the portion of the site specified in the notice. If the 27.31commissioner determines that reasonable grounds to believe that a violation occurred 27.32do not exist, the commissioner must notify the person making the request in writing of 27.33the determination. 28.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 28.2    Sec. 28. Minnesota Statutes 2014, section 18J.05, subdivision 1, is amended to read: 28.3    Subdivision 1. Enforcement required. (a) A violation of chapter 18G, 18H, new text begin 18K, new text end 27, 28.4223, 231, or 232; sections 21.80 to 21.92; or an associated rule is a violation of this chapter. 28.5(b) Upon the request of the commissioner, county attorneys, sheriffs, and other 28.6officers having authority in the enforcement of the general criminal laws must take action 28.7to the extent of their authority necessary or proper for the enforcement of chapter 18G, 28.818H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules or valid 28.9orders, standards, stipulations, and agreements of the commissioner. 28.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 28.11    Sec. 29. Minnesota Statutes 2014, section 18J.05, subdivision 2, is amended to read: 28.12    Subd. 2. Commissioner's discretion. If minor violations of chapter 18G, 18H, 28.13 new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules occur or the 28.14commissioner believes the public interest will be best served by a suitable notice of 28.15warning in writing, this section does not require the commissioner to: 28.16(1) report the violation for prosecution; 28.17(2) institute seizure proceedings; or 28.18(3) issue a withdrawal from distribution, stop-sale, or other order. 28.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 28.20    Sec. 30. Minnesota Statutes 2014, section 18J.05, subdivision 6, is amended to read: 28.21    Subd. 6. Agent for service of process. All persons licensed, permitted, registered, 28.22or certified under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or 28.23associated rules must appoint the commissioner as the agent upon whom all legal process 28.24may be served and service upon the commissioner is deemed to be service on the licensee, 28.25permittee, registrant, or certified person. 28.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 28.27    Sec. 31. Minnesota Statutes 2014, section 18J.06, is amended to read: 28.2818J.06 FALSE STATEMENT OR RECORD. 28.29A person must not knowingly make or offer a false statement, record, or other 28.30information as part of: 29.1(1) an application for registration, license, certification, or permit under chapter 18G, 29.218H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules; 29.3(2) records or reports required under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; 29.4sections 21.80 to 21.92; or associated rules; or 29.5(3) an investigation of a violation of chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; 29.6sections 21.80 to 21.92; or associated rules. 29.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 29.8    Sec. 32. Minnesota Statutes 2014, section 18J.07, subdivision 3, is amended to read: 29.9    Subd. 3. Cancellation of registration, permit, license, certification. The 29.10commissioner may cancel or revoke a registration, permit, license, or certification 29.11provided for under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; 29.12or associated rules or refuse to register, permit, license, or certify under provisions of 29.13chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules 29.14if the registrant, permittee, licensee, or certified person has used fraudulent or deceptive 29.15practices in the evasion or attempted evasion of a provision of chapter 18G, 18H, new text begin 18K, new text end 27, 29.16223, 231, or 232; sections 21.80 to 21.92; or associated rules. 29.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 29.18    Sec. 33. Minnesota Statutes 2014, section 18J.07, subdivision 4, is amended to read: 29.19    Subd. 4. Service of order or notice. (a) If a person is not available for service of an 29.20order, the commissioner may attach the order to the facility, site, seed or seed container, 29.21plant or other living or nonliving object regulated under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 29.22231, or 232; sections 21.80 to 21.92; or associated rules and notify the owner, custodian, 29.23other responsible party, or registrant. 29.24(b) The seed, seed container, plant, or other living or nonliving object regulated 29.25under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated 29.26rules may not be sold, used, tampered with, or removed until released under conditions 29.27specified by the commissioner, by an administrative law judge, or by a court. 29.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 29.29    Sec. 34. Minnesota Statutes 2014, section 18J.07, subdivision 5, is amended to read: 29.30    Subd. 5. Unsatisfied judgments. (a) An applicant for a license, permit, registration, 29.31or certification under provisions of this chapter, chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 29.32232; sections 21.80 to 21.92; or associated rules may not allow a final judgment against 30.1the applicant for damages arising from a violation of those statutes or rules to remain 30.2unsatisfied for a period of more than 30 days. 30.3(b) Failure to satisfy, within 30 days, a final judgment resulting from a violation of this 30.4chapter results in automatic suspension of the license, permit, registration, or certification. 30.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 30.6    Sec. 35. Minnesota Statutes 2014, section 18J.09, is amended to read: 30.718J.09 CREDITING OF PENALTIES, FEES, AND COSTS. 30.8Penalties, cost reimbursements, fees, and other money collected under this chapter 30.9must be deposited into the state treasury and credited to the appropriate nursery and 30.10phytosanitary new text begin , industrial hemp, new text end or seed account. 30.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 30.12    Sec. 36. Minnesota Statutes 2014, section 18J.11, subdivision 1, is amended to read: 30.13    Subdivision 1. General violation. Except as provided in subdivisions 2 and new text begin , new text end 3 new text begin , and new text end 30.14 new text begin 4 new text end , a person is guilty of a misdemeanor if the person violates this chapter or an order, 30.15standard, stipulation, agreement, or schedule of compliance of the commissioner. 30.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 30.17    Sec. 37. Minnesota Statutes 2014, section 18J.11, is amended by adding a subdivision 30.18to read: 30.19     new text begin Subd. 4. new text end new text begin Controlled substance offenses. new text end new text begin Prosecution under this section does not new text end 30.20 new text begin preclude prosecution under chapter 152. new text end 30.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 30.22    Sec. 38. new text begin [18K.01] SHORT TITLE. new text end 30.23 new text begin This chapter may be referred to as the "Industrial Hemp Development Act." new text end 30.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 30.25    Sec. 39. new text begin [18K.02] DEFINITIONS. new text end 30.26     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 30.27     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 31.1     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. new text end 31.2 new text begin and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol new text end 31.3 new text begin concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not new text end 31.4 new text begin marijuana as defined in section 152.01, subdivision 9. new text end 31.5     new text begin Subd. 4. new text end new text begin Marijuana. new text end new text begin "Marijuana" has the meaning given in section 152.01, new text end 31.6 new text begin subdivision 9. new text end 31.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 31.8    Sec. 40. new text begin [18K.03] AGRICULTURAL CROP; POSSESSION AUTHORIZED. new text end 31.9 new text begin Industrial hemp is an agricultural crop in this state. A person may possess, transport, new text end 31.10 new text begin process, sell, or buy industrial hemp that is grown pursuant to this chapter. new text end 31.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 31.12    Sec. 41. new text begin [18K.04] LICENSING. new text end 31.13     new text begin Subdivision 1. new text end new text begin Requirement; issuance; presumption. new text end new text begin (a) A person must obtain a new text end 31.14 new text begin license from the commissioner before growing industrial hemp for commercial purposes. new text end 31.15 new text begin A person must apply to the commissioner in the form prescribed by the commissioner and new text end 31.16 new text begin must pay the annual registration and inspection fee established by the commissioner in new text end 31.17 new text begin accordance with section 16A.1285, subdivision 2. The license application must include new text end 31.18 new text begin the name and address of the applicant and the legal description of the land area or areas new text end 31.19 new text begin where industrial hemp will be grown by the applicant. new text end 31.20 new text begin (b) When an applicant has paid the fee and completed the application process to the new text end 31.21 new text begin satisfaction of the commissioner, the commissioner must issue a license which is valid new text end 31.22 new text begin until December 31 of the year of application. new text end 31.23 new text begin (c) A person licensed under this section is presumed to be growing industrial hemp new text end 31.24 new text begin for commercial purposes. new text end 31.25     new text begin Subd. 2. new text end new text begin Background check; data classification. new text end new text begin The commissioner must require new text end 31.26 new text begin each first-time applicant for a license to submit to a background investigation conducted new text end 31.27 new text begin by the Bureau of Criminal Apprehension as a condition of licensure. As part of the new text end 31.28 new text begin background investigation, the Bureau of Criminal Apprehension must conduct criminal new text end 31.29 new text begin history checks of Minnesota records and is authorized to exchange fingerprints with the new text end 31.30 new text begin United States Department of Justice, Federal Bureau of Investigation for the purpose of a new text end 31.31 new text begin criminal background check of the national files. The cost of the investigation must be paid new text end 31.32 new text begin by the applicant. Criminal history records provided to the commissioner under this section new text end 31.33 new text begin must be treated as private data on individuals, as defined in section 13.02, subdivision 12. new text end 32.1     new text begin Subd. 3. new text end new text begin Federal requirements. new text end new text begin The applicant must demonstrate to the satisfaction new text end 32.2 new text begin of the commissioner that the applicant has complied with all applicable federal new text end 32.3 new text begin requirements pertaining to the production, distribution, and sale of industrial hemp. new text end 32.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 32.5    Sec. 42. new text begin [18K.05] ANNUAL REPORT; SALES NOTIFICATION. new text end 32.6 new text begin (a) Annually, a licensee must file with the commissioner: new text end 32.7 new text begin (1) documentation demonstrating to the commissioner's satisfaction that the seeds new text end 32.8 new text begin planted by the licensee are of a type and variety that contain no more than three-tenths of new text end 32.9 new text begin one percent delta-9 tetrahydrocannabinol; and new text end 32.10 new text begin (2) a copy of any contract to grow industrial hemp. new text end 32.11 new text begin (b) Within 30 days, a licensee must notify the commissioner of each sale or new text end 32.12 new text begin distribution of industrial hemp grown by the licensee including, but not limited to, the new text end 32.13 new text begin name and address of the person receiving the industrial hemp and the amount of industrial new text end 32.14 new text begin hemp sold or distributed. new text end 32.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 32.16    Sec. 43. new text begin [18K.06] RULEMAKING. new text end 32.17 new text begin (a) The commissioner shall adopt rules governing the production, testing, and new text end 32.18 new text begin licensing of industrial hemp. new text end 32.19 new text begin (b) Rules adopted under paragraph (a) must include, but not be limited to, provisions new text end 32.20 new text begin governing: new text end 32.21 new text begin (1) the supervision and inspection of industrial hemp during its growth and harvest; new text end 32.22 new text begin (2) the testing of industrial hemp to determine delta-9 tetrahydrocannabinol levels; new text end 32.23 new text begin (3) the use of background checks results required under section 18K.04 to approve new text end 32.24 new text begin or deny a license application; and new text end 32.25 new text begin (4) any other provision or procedure necessary to carry out the purposes of this new text end 32.26 new text begin chapter. new text end 32.27 new text begin (c) Rules issued under this section must be consistent with federal law regarding new text end 32.28 new text begin the production, distribution, and sale of industrial hemp. new text end 32.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the federal government new text end 32.30 new text begin authorizes the commercial production of industrial hemp in this country. new text end 32.31    Sec. 44. new text begin [18K.07] FEES. new text end 33.1 new text begin Fees collected under this chapter must be credited to the industrial hemp account, new text end 33.2 new text begin which is hereby established in the agricultural fund in the state treasury. Interest earned new text end 33.3 new text begin in the account accrues to the account. Funds in the industrial hemp account are annually new text end 33.4 new text begin appropriated to the commissioner to implement and enforce this chapter. new text end 33.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 33.6    Sec. 45. new text begin [18K.08] DEFENSE FOR POSSESSION OF MARIJUANA. new text end 33.7 new text begin It is an affirmative defense to a prosecution for the possession of marijuana under new text end 33.8 new text begin chapter 152 if: new text end 33.9 new text begin (1) the defendant possesses industrial hemp grown pursuant to this chapter; or new text end 33.10 new text begin (2) the defendant has a valid controlled substance registration from the United States new text end 33.11 new text begin Department of Justice, Drug Enforcement Administration, if required under federal law. new text end 33.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 33.13    Sec. 46. new text begin [18K.09] PILOT PROGRAM; OTHER RESEARCH AUTHORIZED. new text end 33.14     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 new text end 33.15 new text begin industrial hemp pursuant to a pilot program administered by the commissioner to study new text end 33.16 new text begin the growth, cultivation, or marketing of industrial hemp. The commissioner may: (1) new text end 33.17 new text begin authorize institutions of higher education to grow or cultivate industrial hemp as part new text end 33.18 new text begin of the commissioner's pilot program or as is necessary to perform other agricultural, new text end 33.19 new text begin renewable energy, or academic research; and (2) contract with public or private entities for new text end 33.20 new text begin testing or other activities authorized under this subdivision. Authorized activity under this new text end 33.21 new text begin section may include collecting seed from wild hemp sources. new text end 33.22     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 pursuant new text end 33.23 new text begin to this section, each site must be registered with and certified by the commissioner. A new text end 33.24 new text begin person must register each site annually in the form prescribed by the commissioner and new text end 33.25 new text begin must pay the annual registration and certification fee established by the commissioner in new text end 33.26 new text begin accordance with section 16A.1285, subdivision 2. new text end 33.27     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 new text end 33.28 new text begin program pursuant to this section and Public Law 113-79. new text end 33.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 33.30    Sec. 47. Minnesota Statutes 2014, section 21.89, subdivision 2, is amended to read: 33.31    Subd. 2. Permits; issuance and revocation. The commissioner shall issue a permit 33.32to the initial labeler of agricultural, vegetable, flower, and wildflower seeds which are sold 34.1for use in Minnesota and which conform to and are labeled under sections 21.80 to 21.92. 34.2The categories of permits are as follows: 34.3(1) for initial labelers who sell 50,000 pounds or less of agricultural seed each 34.4calendar year, an annual permit issued for a fee established in section 21.891, subdivision 34.52 , paragraph (b); 34.6(2) for initial labelers who sell vegetable, flower, and wildflower seed packed for 34.7use in home gardens or household plantings, new text begin and initial labelers who sell native grasses new text end 34.8 new text begin and wildflower seed in commercial or agricultural quantities, new text end an annual permit issued for 34.9a fee established in section 21.891, subdivision 2, paragraph (c), based upon the gross 34.10sales from the previous year; and 34.11(3) for initial labelers who sell more than 50,000 pounds of agricultural seed 34.12each calendar year, a permanent permit issued for a fee established in section 21.891, 34.13subdivision 2 , paragraph (d). 34.14In addition, the person shall furnish to the commissioner an itemized statement of all 34.15seeds sold in Minnesota for the periods established by the commissioner. This statement 34.16shall be delivered, along with the payment of the fee, based upon the amount and type 34.17of seed sold, to the commissioner no later than 30 days after the end of each reporting 34.18period. Any person holding a permit shall show as part of the analysis labels or invoices 34.19on all agricultural, vegetable, flower, wildflower, tree, or shrub seeds all information the 34.20commissioner requires. The commissioner may revoke any permit in the event of failure 34.21to comply with applicable laws and rules. 34.22    Sec. 48. Minnesota Statutes 2014, section 21.891, subdivision 2, is amended to read: 34.23    Subd. 2. Seed fee permits. (a) An initial labeler who wishes to sell seed in 34.24Minnesota must comply with section 21.89, subdivisions 1 and 2, and the procedures in 34.25this subdivision. Each initial labeler who wishes to sell seed in Minnesota must apply to 34.26the commissioner to obtain a permit. The application must contain the name and address of 34.27the applicant, the application date, and the name and title of the applicant's contact person. 34.28(b) The application for a seed permit covered by section 21.89, subdivision 2, clause 34.29(1), must be accompanied by an application fee of $50 new text begin $75 new text end . 34.30(c) The application for a seed permit covered by section 21.89, subdivision 2, clause 34.31(2), must be accompanied by an application fee based on the level of annual gross sales 34.32as follows: 34.33(1) for gross sales of $0 to $25,000, the annual permit fee is $50 new text begin $75 new text end ; 34.34(2) for gross sales of $25,001 to $50,000, the annual permit fee is $100 new text begin $150 new text end ; 34.35(3) for gross sales of $50,001 to $100,000, the annual permit fee is $200 new text begin $300 new text end ; 35.1(4) for gross sales of $100,001 to $250,000, the annual permit fee is $500 new text begin $750 new text end ; 35.2(5) for gross sales of $250,001 to $500,000, the annual permit fee is $1,000 new text begin $1,500 new text end ; 35.3and 35.4(6) for gross sales of $500,001 and above new text begin to $1,000,000 new text end , the annual permit fee is 35.5$2,000 new text begin $3,000; and new text end 35.6 new text begin (7) for gross sales of $1,000,001 and above, the annual permit fee is $4,500 new text end . 35.7(d) The application for a seed permit covered by section 21.89, subdivision 2, clause 35.8(3), must be accompanied by an application fee of $50 new text begin $75 new text end . Initial labelers holding seed 35.9fee permits covered under this paragraph need not apply for a new permit or pay the 35.10application fee. Under this permit category, the fees for the following kinds of agricultural 35.11seed sold either in bulk or containers are: 35.12(1) oats, wheat, and barley, 6.3 new text begin 9 new text end cents per hundredweight; 35.13(2) rye, field beans, soybeans, buckwheat, and flax, 8.4 new text begin 12 new text end cents per hundredweight; 35.14(3) field corn, 29.4 new text begin 17 new text end cents per hundredweight new text begin 80,000 seed unit new text end ; 35.15(4) forage, lawn and turf grasses, and legumes, 49 new text begin 69 new text end cents per hundredweight; 35.16(5) sunflower, $1.40 new text begin $1.96 new text end per hundredweight; 35.17(6) sugar beet, $3.29 new text begin 12 cents new text end per hundredweight new text begin 100,000 seed unit new text end ; and 35.18 new text begin (7) soybeans, 7.5 cents per 140,000 seed unit; and new text end 35.19(7) new text begin (8) new text end for any agricultural seed not listed in clauses (1) to (6) new text begin (7) new text end , the fee for the crop 35.20most closely resembling it in normal planting rate applies. 35.21(e) If, for reasons beyond the control and knowledge of the initial labeler, seed is 35.22shipped into Minnesota by a person other than the initial labeler, the responsibility for the 35.23seed fees are transferred to the shipper. An application for a transfer of this responsibility 35.24must be made to the commissioner. Upon approval by the commissioner of the transfer, 35.25the shipper is responsible for payment of the seed permit fees. 35.26(f) Seed permit fees may be included in the cost of the seed either as a hidden cost or 35.27as a line item cost on each invoice for seed sold. To identify the fee on an invoice, the 35.28words "Minnesota seed permit fees" must be used. 35.29(g) All seed fee permit holders must file semiannual reports with the commissioner, 35.30even if no seed was sold during the reporting period. Each semiannual report must be 35.31submitted within 30 days of the end of each reporting period. The reporting periods are 35.32October 1 to March 31 and April 1 to September 30 of each year or July 1 to December 35.3331 and January 1 to June 30 of each year. Permit holders may change their reporting 35.34periods with the approval of the commissioner. 36.1(h) The holder of a seed fee permit must pay fees on all seed for which the permit 36.2holder is the initial labeler and which are covered by sections 21.80 to 21.92 and sold 36.3during the reporting period. 36.4(i) If a seed fee permit holder fails to submit a semiannual report and pay the seed 36.5fee within 30 days after the end of each reporting period, the commissioner shall assess a 36.6penalty of $100 or eight percent, calculated on an annual basis, of the fee due, whichever 36.7is greater, but no more than $500 for each late semiannual report. A $15 penalty must be 36.8charged when the semiannual report is late, even if no fee is due for the reporting period. 36.9Seed fee permits may be revoked for failure to comply with the applicable provisions of 36.10this paragraph or the Minnesota seed law. 36.11    Sec. 49. Minnesota Statutes 2014, section 21.891, subdivision 5, is amended to read: 36.12    Subd. 5. Brand name registration fee. The fee is $25 new text begin $50 new text end for each variety 36.13registered for sale by brand name. 36.14    Sec. 50. Minnesota Statutes 2014, section 25.341, subdivision 2, is amended to read: 36.15    Subd. 2. Application; fee; term. A person who is required to have a commercial 36.16feed license shall submit an application on a form provided or approved by the 36.17commissioner accompanied by a fee of $25 new text begin $75 new text end paid to the commissioner for each 36.18location. A license is not transferable from one person to another, from one ownership to 36.19another, or from one location to another. The license year is the calendar year. A license 36.20expires on December 31 of the year for which it is issued, except that a license is valid 36.21through January 31 of the next year or until the issuance of the renewal license, whichever 36.22comes first, if the licensee has filed a renewal application with the commissioner on or 36.23before December 31 of the year for which the current license was issued. Any person who 36.24is required to have, but fails to obtain a license or a licensee who fails to comply with 36.25license renewal requirements, shall pay a $50 new text begin $100 new text end late fee in addition to the license fee. 36.26    Sec. 51. Minnesota Statutes 2014, section 25.39, subdivision 1, is amended to read: 36.27    Subdivision 1. Amount of fee. (a) An inspection fee at the rate of 16 cents per ton 36.28must be paid to the commissioner on commercial feeds distributed in this state by the 36.29person who first distributes the commercial feed, except that: 36.30(1) no fee need be paid on: 36.31(i) a commercial feed if the payment has been made by a previous distributor; or 36.32(ii) customer formula feeds if the inspection fee is paid on the commercial feeds 36.33which are used as ingredients; or 37.1(2) a Minnesota feed distributor who can substantiate that greater than 50 percent 37.2of the distribution of commercial feed is to purchasers outside the state may purchase 37.3commercial feeds without payment of the inspection fee under a tonnage fee exemption 37.4permit issued by the commissioner. Such location specific permits shall be issued on a 37.5calendar year basis to commercial feed distributors who submit a $100 nonrefundable 37.6application fee and comply with rules adopted by the commissioner relative to record 37.7keeping, tonnage of commercial feed distributed in Minnesota, total of all commercial 37.8feed tonnage distributed, and all other information which the commissioner may require 37.9so as to ensure that proper inspection fee payment has been made. 37.10(b) In the case of pet food distributed in the state only in packages of ten pounds 37.11or less, a listing of each product and a current label for each product must be submitted 37.12annually on forms provided by the commissioner and accompanied by an annual fee of 37.13$50 new text begin $100 new text end for each product in lieu of the inspection fee. This annual fee is due by July 1. 37.14The inspection fee required by paragraph (a) applies to pet food distributed in packages 37.15exceeding ten pounds. 37.16(c) In the case of specialty pet food distributed in the state only in packages of 37.17ten pounds or less, a listing of each product and a current label for each product must 37.18be submitted annually on forms provided by the commissioner and accompanied by an 37.19annual fee of $25 new text begin $100 new text end for each product in lieu of the inspection fee. This annual fee is 37.20due by July 1. The inspection fee required by paragraph (a) applies to specialty pet food 37.21distributed in packages exceeding ten pounds. 37.22(d) The minimum inspection fee is $10 new text begin $75 new text end per annual reporting period. 37.23    Sec. 52. Minnesota Statutes 2014, section 25.39, subdivision 1a, is amended to read: 37.24    Subd. 1a. Containers of ten pounds or less. A distributor who is subject to the 37.25annual fee specified in subdivision 1, paragraph (b) or (c), shall do the following: 37.26(1) before beginning distribution, file with the commissioner a listing of pet and 37.27specialty pet foods to be distributed in the state only in containers of ten pounds or less, 37.28on forms provided by the commissioner. The listing under this clause must be renewed 37.29annually before July 1 and is the basis for the payment of the annual fee. New products 37.30added during the year must be submitted to the commissioner as a supplement to the 37.31annual listing before distribution; and 37.32(2) if the annual renewal of the listing is not received before July 1 or if an unlisted 37.33product is distributed, pay a late filing fee of $10 new text begin $100 new text end per product in addition to the 37.34normal charge for the listing. The late filing fee under this clause is in addition to any 37.35other penalty under this chapter. 38.1    Sec. 53. new text begin [28A.152] COTTAGE FOODS EXEMPTION. new text end 38.2     new text begin Subdivision 1. new text end new text begin Licensing provisions applicability. new text end new text begin (a) The licensing provisions of new text end 38.3 new text begin sections 28A.01 to 28A.16 do not apply to the following: new text end 38.4 new text begin (1) an individual who prepares and sells food that is not potentially hazardous food, new text end 38.5 new text begin as defined in Minnesota Rules, part 4626.0020, subpart 62, if the following requirements new text end 38.6 new text begin are met: new text end 38.7 new text begin (i) the prepared food offered for sale under this clause is labeled to accurately reflect new text end 38.8 new text begin the name and address of the individual preparing and selling the food, the date on which new text end 38.9 new text begin the food was prepared, and the ingredients and any possible allergens; and new text end 38.10 new text begin (ii) the individual displays at the point of sale a clearly legible sign or placard stating: new text end 38.11 new text begin "These products are homemade and not subject to state inspection."; and new text end 38.12 new text begin (2) an individual who prepares and sells home-processed and home-canned food new text end 38.13 new text begin products if the following requirements are met: new text end 38.14 new text begin (i) the products are pickles, vegetables, or fruits having an equilibrium pH value of new text end 38.15 new text begin 4.6 or lower; new text end 38.16 new text begin (ii) the products are home-processed and home-canned in Minnesota; new text end 38.17 new text begin (iii) the individual displays at the point of sale a clearly legible sign or placard new text end 38.18 new text begin stating: "These canned goods are homemade and not subject to state inspection."; and new text end 38.19 new text begin (iv) each container of the product sold or offered for sale under this clause is new text end 38.20 new text begin accurately labeled to provide the name and address of the individual who processed new text end 38.21 new text begin and canned the goods, the date on which the goods were processed and canned, and new text end 38.22 new text begin ingredients and any possible allergens. new text end 38.23 new text begin (b) An individual who qualifies for an exemption under paragraph (a), clause (2), is new text end 38.24 new text begin also exempt from the provisions of sections 31.31 and 31.392. new text end 38.25     new text begin Subd. 2. new text end new text begin Direct sales to consumers. new text end new text begin (a) An individual qualifying for an exemption new text end 38.26 new text begin under subdivision 1 may sell the exempt food: new text end 38.27 new text begin (1) directly to the ultimate consumer; new text end 38.28 new text begin (2) at a community event or farmers' market; or new text end 38.29 new text begin (3) directly from the individual's home to the consumer, to the extent allowed by new text end 38.30 new text begin local ordinance. new text end 38.31 new text begin (b) If an exempt food product will be delivered to the ultimate consumer upon sale new text end 38.32 new text begin of the food product, the individual who prepared the food product must be the person who new text end 38.33 new text begin delivers the food product to the ultimate consumer. new text end 38.34 new text begin (c) Food products exempt under subdivision 1, paragraph (a), clause (2), may not be new text end 38.35 new text begin sold outside of Minnesota. new text end 39.1 new text begin (d) Food products exempt under subdivision 1 may be sold over the Internet but new text end 39.2 new text begin must be delivered directly to the ultimate consumer by the individual who prepared the new text end 39.3 new text begin food product. The statement "These products are homemade and not subject to state new text end 39.4 new text begin inspection." must be displayed on the Web site that offers the exempt foods for purchase. new text end 39.5     new text begin Subd. 3. new text end new text begin Limitation on sales. new text end new text begin An individual selling exempt foods under this section new text end 39.6 new text begin is limited to total sales with gross receipts of $18,000 or less in a calendar year. new text end 39.7     new text begin Subd. 4. new text end new text begin Registration. new text end new text begin An individual who prepares and sells exempt food under new text end 39.8 new text begin subdivision 1 must register annually with the commissioner. The annual registration fee is new text end 39.9 new text begin $50. An individual with $5,000 or less in annual gross receipts from the sale of exempt new text end 39.10 new text begin food under this section is not required to pay the registration fee. new text end 39.11     new text begin Subd. 5. new text end new text begin Training. new text end new text begin (a) An individual with gross receipts between $5,000 and new text end 39.12 new text begin $18,000 in a calendar year from the sale of exempt food under this section must complete a new text end 39.13 new text begin safe food handling training course that is approved by the commissioner before registering new text end 39.14 new text begin under subdivision 4. The training shall not exceed eight hours and must be completed new text end 39.15 new text begin every three years while the individual is registered under subdivision 4. new text end 39.16 new text begin (b) An individual with gross receipts of less than $5,000 in a calendar year from new text end 39.17 new text begin the sale of exempt food under this section must satisfactorily complete an online course new text end 39.18 new text begin and exam as approved by the commissioner before registering under subdivision 4. The new text end 39.19 new text begin commissioner shall offer the online course and exam under this paragraph at no cost to new text end 39.20 new text begin the individual. new text end 39.21     new text begin Subd. 6. new text end new text begin Local ordinances. new text end new text begin This section does not preempt the application of any new text end 39.22 new text begin business licensing requirement or sanitation, public health, or zoning ordinance of a new text end 39.23 new text begin political subdivision. new text end 39.24     new text begin Subd. 7. new text end new text begin Account established. new text end new text begin A cottage foods account is created as a separate new text end 39.25 new text begin account in the agricultural fund in the state treasury for depositing money received by the new text end 39.26 new text begin commissioner under this section. Money in the account, including interest, is appropriated new text end 39.27 new text begin to the commissioner for purposes of this section. new text end 39.28    Sec. 54. Minnesota Statutes 2014, section 32.075, is amended to read: 39.2932.075 TERM OF LICENSE; TRANSFERABILITY; FEES AND PENALTIES. 39.30Every new text begin An initial new text end license issued by the commissioner shall be for a period ending 39.31 new text begin expires new text end on the new text begin following December new text end 31st day of December next following, and shall new text begin is new text end not 39.32be transferable. new text begin A renewal license is valid for two years and expires on December 31 of new text end 39.33 new text begin the second year. new text end The fee for each such new text begin an new text end initial new text begin or renewal new text end license shall be $50 and each 39.34renewal thereof shall be $25 and new text begin is $60. The fee new text end shall be paid to the commissioner before 39.35any new text begin the commissioner issues an initial or renewal new text end license or renewal thereof is issued. If a 40.1license renewal is not applied for on or before January 1 of each year, a penalty of $10 new text begin $30 new text end 40.2shall be imposed. A person who does not renew a license within one year following its 40.3December 31 expiration date, except those persons who do not renew such license while 40.4engaged in active military service, shall be required to prove competency and qualification 40.5pursuant to section 32.073, before a license is issued. The commissioner may require any 40.6other person who renews a license to prove competency and qualification in the same 40.7manner. All license fees and penalties received by the commissioner shall be paid into the 40.8state treasury new text begin deposited in the dairy services account in the agricultural fund new text end . 40.9    Sec. 55. Minnesota Statutes 2014, section 32.105, is amended to read: 40.1032.105 MILK PROCUREMENT FEE. 40.11Each dairy plant operator within the state must pay to the commissioner on or before 40.12the 18th of each month a fee of .71 new text begin 1.1 new text end cents per hundredweight of milk purchased the 40.13previous month. If a milk producer within the state ships milk out of the state for sale, the 40.14producer must pay the fee to the commissioner unless the purchaser voluntarily pays the fee. 40.15Producers who ship milk out of state or processors must submit monthly reports as 40.16to milk purchases along with the appropriate procurement fee to the commissioner. The 40.17commissioner may have access to all relevant purchase or sale records as necessary to 40.18verify compliance with this section and may require the producer or purchaser to produce 40.19records as necessary to determine compliance. 40.20The fees collected under this section must be deposited in the dairy services account 40.21in the agricultural fund. Money in the account, including interest earned, is appropriated 40.22to the commissioner to administer this chapter. 40.23    Sec. 56. new text begin [41A.14] AGRICULTURE RESEARCH, EDUCATION, EXTENSION, new text end 40.24 new text begin AND TECHNOLOGY TRANSFER GRANT PROGRAM. new text end 40.25     new text begin Subdivision 1. new text end new text begin Duties; grants. new text end new text begin The agriculture research, education, extension, and new text end 40.26 new text begin technology transfer grant program is created. The purpose of the grant program is to new text end 40.27 new text begin provide investments that will most efficiently achieve long-term agricultural productivity new text end 40.28 new text begin increases through improved infrastructure, vision, and accountability. The scope and new text end 40.29 new text begin intent of the grants, to the extent possible, shall provide for a long-term base funding new text end 40.30 new text begin that allows the research grantee to continue the functions of the research, education, and new text end 40.31 new text begin extension efforts to a practical conclusion. Priority for grants shall be given to human new text end 40.32 new text begin infrastructure. The commissioner shall provide grants for: new text end 40.33 new text begin (1) agricultural research and technology transfer needs and recipients including new text end 40.34 new text begin agricultural research and extension at the University of Minnesota, research and outreach new text end 41.1 new text begin centers, the College of Food, Agricultural and Natural Resource Sciences, the Minnesota new text end 41.2 new text begin Agricultural Experiment Station, University of Minnesota Extension Service, the new text end 41.3 new text begin University of Minnesota Veterinary School, the Veterinary Diagnostic Laboratory, new text end 41.4 new text begin the Stakman-Borlaug Center, and the Minnesota Agriculture Fertilizer Research and new text end 41.5 new text begin Education Council; new text end 41.6 new text begin (2) agriculture rapid response for plant and animal diseases and pests; and new text end 41.7 new text begin (3) agricultural education including but not limited to the Minnesota Agriculture new text end 41.8 new text begin Education Leadership Council, farm business management, mentoring programs, graduate new text end 41.9 new text begin debt forgiveness, and high school programs. new text end 41.10     new text begin Subd. 2. new text end new text begin Advisory panel. new text end new text begin In awarding grants under this section, the commissioner new text end 41.11 new text begin must consult with an advisory panel consisting of the following stakeholders: new text end 41.12 new text begin (1) a representative of the College of Food, Agricultural and Natural Resource new text end 41.13 new text begin Sciences at the University of Minnesota; new text end 41.14 new text begin (2) a representative of the Minnesota State Colleges and Universities system; new text end 41.15 new text begin (3) a representative of the Minnesota Farm Bureau; new text end 41.16 new text begin (4) a representative of the Minnesota Farmers Union; new text end 41.17 new text begin (5) a person representing agriculture industry statewide; new text end 41.18 new text begin (6) a representative of each of the state commodity councils organized under section new text end 41.19 new text begin 17.54 and the Minnesota Pork Board; new text end 41.20 new text begin (7) a person representing an association of primary manufacturers of forest products; new text end 41.21 new text begin (8) a person representing organic or sustainable agriculture; and new text end 41.22 new text begin (9) a person representing statewide environment and natural resource conservation new text end 41.23 new text begin organizations. new text end 41.24     new text begin Subd. 3. new text end new text begin Account. new text end new text begin An agriculture research, education, extension, and technology new text end 41.25 new text begin transfer account is created in the agricultural fund in the state treasury. The account new text end 41.26 new text begin consists of money received in the form of gifts, grants, reimbursement, or appropriations new text end 41.27 new text begin from any source for any of the purposes provided in subdivision 1, and any interest or new text end 41.28 new text begin earnings of the account. Money in the account is appropriated to the commissioner of new text end 41.29 new text begin agriculture for the purposes under subdivision 1. new text end 41.30    Sec. 57. new text begin [41A.15] DEFINITIONS. new text end 41.31     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin For the purposes of sections 41A.15 to 41A.18, the terms new text end 41.32 new text begin defined in this section have the meanings given them. new text end 41.33     new text begin Subd. 2. new text end new text begin Advanced biofuel. new text end new text begin "Advanced biofuel" has the meaning given in section new text end 41.34 new text begin 239.051, subdivision 1a. new text end 42.1     new text begin Subd. 3. new text end new text begin Biomass thermal production. new text end new text begin "Biomass thermal production" means the new text end 42.2 new text begin generation of energy for commercial heat or industrial process heat from a cellulosic new text end 42.3 new text begin material or other material composed of forestry or agricultural feedstocks for a new or new text end 42.4 new text begin expanding capacity facility or a facility that is displacing existing use of fossil fuel after new text end 42.5 new text begin the effective date of this section. new text end 42.6     new text begin Subd. 4. new text end new text begin Cellulosic biomass. new text end new text begin "Cellulosic biomass" means material primarily made new text end 42.7 new text begin up of cellulose, hemicellulose, or lingnin, or a combination of those ingredients. new text end 42.8     new text begin Subd. 5. new text end new text begin Cellulosic sugar. new text end new text begin "Cellulosic sugar" means sugar derived from cellulosic new text end 42.9 new text begin biomass from agricultural or forestry resources. new text end 42.10     new text begin Subd. 6. new text end new text begin Commissioner. new text end new text begin "Commissioner" means the commissioner of agriculture. new text end 42.11     new text begin Subd. 7. new text end new text begin Cover crops. new text end new text begin "Cover crops" means grasses, legumes, forbs, or other new text end 42.12 new text begin herbaceous plants that are known to be noninvasive and not listed as a noxious weed in new text end 42.13 new text begin Minnesota and that are either interseeded into living cash crops or planted on agricultural new text end 42.14 new text begin fields during fallow periods for seasonal cover and conservation purposes. new text end 42.15     new text begin Subd. 8. new text end new text begin MMbtu. new text end new text begin "MMbtu" means 1,000,000 British thermal units. new text end 42.16     new text begin Subd. 9. new text end new text begin Perennial crops. new text end new text begin "Perennial crops" means agriculturally produced plants new text end 42.17 new text begin that are known to be noninvasive and not listed as a noxious weed in Minnesota and that new text end 42.18 new text begin have a life cycle of at least three years at the location where the plants are being cultivated. new text end 42.19 new text begin Biomass from alfalfa produced in a two-year rotation shall be considered a perennial crop. new text end 42.20     new text begin Subd. 10. new text end new text begin Renewable chemical. new text end new text begin "Renewable chemical" means a chemical with new text end 42.21 new text begin biobased content as defined in section 41A.105, subdivision 1a. new text end 42.22    Sec. 58. new text begin [41A.16] ADVANCED BIOFUEL PRODUCTION INCENTIVE. new text end 42.23     new text begin Subdivision 1. new text end new text begin Eligibility. new text end new text begin (a) A facility eligible for payment under this section must new text end 42.24 new text begin source at least 80 percent raw materials from Minnesota. If a facility is sited 50 miles or new text end 42.25 new text begin less from the state border, raw materials may be sourced from within a 100-mile radius. new text end 42.26 new text begin Raw materials must be from agricultural or forestry sources or from solid waste. The new text end 42.27 new text begin facility must be located in Minnesota, must begin production at a specific location by June new text end 42.28 new text begin 30, 2025, and must not begin operating above 95,000 MMbtu of annual biofuel production new text end 42.29 new text begin before July 1, 2015. Eligible facilities include existing companies and facilities that are new text end 42.30 new text begin adding advanced biofuel production capacity, or retrofitting existing capacity, as well as new text end 42.31 new text begin new companies and facilities. Production of conventional corn ethanol and conventional new text end 42.32 new text begin biodiesel is not eligible. Eligible advanced biofuel facilities must produce at least 95,000 new text end 42.33 new text begin MMbtu a year. new text end 42.34 new text begin (b) No payments shall be made for advanced biofuel production that occurs after new text end 42.35 new text begin June 30, 2035, for those eligible biofuel producers under paragraph (a). new text end 43.1 new text begin (c) An eligible producer of advanced biofuel shall not transfer the producer's new text end 43.2 new text begin eligibility for payments under this section to an advanced biofuel facility at a different new text end 43.3 new text begin location. new text end 43.4 new text begin (d) A producer that ceases production for any reason is ineligible to receive new text end 43.5 new text begin payments under this section until the producer resumes production. new text end 43.6 new text begin (e) Renewable chemical production for which payment has been received under new text end 43.7 new text begin section 41A.17, and biomass thermal production for which payment has been received new text end 43.8 new text begin under section 41A.18, are not eligible for payment under this section. new text end 43.9     new text begin Subd. 2. new text end new text begin Payment amounts; limits. new text end new text begin (a) The commissioner shall make payments new text end 43.10 new text begin to eligible producers of advanced biofuel. The amount of the payment for each eligible new text end 43.11 new text begin producer's annual production is $2.1053 per MMbtu for advanced biofuel production from new text end 43.12 new text begin cellulosic biomass, and $1.053 per MMbtu for advanced biofuel production from sugar or new text end 43.13 new text begin starch at a specific location for ten years after the start of production. new text end 43.14 new text begin (b) Total payments under this section to an eligible biofuel producer in a fiscal new text end 43.15 new text begin year may not exceed the amount necessary for 2,850,000 MMbtu of biofuel production. new text end 43.16 new text begin Total payments under this section to all eligible biofuel producers in a fiscal year may new text end 43.17 new text begin not exceed the amount necessary for 17,100,000 MMbtu of biofuel production. The new text end 43.18 new text begin commissioner shall award payments on a first-come, first-served basis within the limits of new text end 43.19 new text begin available funding. new text end 43.20 new text begin (c) For purposes of this section, an entity that holds a controlling interest in more new text end 43.21 new text begin than one advanced biofuel facility is considered a single eligible producer. new text end 43.22     new text begin Subd. 3. new text end new text begin Perennial and cover crops required. new text end new text begin To be eligible for payment under new text end 43.23 new text begin this section, a producer that produces advanced biofuel from agricultural cellulosic new text end 43.24 new text begin biomass other than corn kernel fiber or biogas must derive at least the following portions new text end 43.25 new text begin of the producer's total eligible MMbtus from perennial crop or cover crop biomass: new text end 43.26 new text begin (1) ten percent during the first two years of eligible production; new text end 43.27 new text begin (2) 30 percent during the third and fourth years of eligible production; and new text end 43.28 new text begin (3) 50 percent during the fifth through tenth years of eligible production. new text end 43.29     new text begin Subd. 4. new text end new text begin Cellulosic forestry biomass requirements. new text end new text begin All forestry-derived cellulosic new text end 43.30 new text begin biomass must be produced using Minnesota state biomass harvesting guidelines or the new text end 43.31 new text begin equivalent. All biomass from brushlands must be produced using Minnesota brushland new text end 43.32 new text begin harvesting biomass harvest guidelines or the equivalent. Forestry-derived cellulosic new text end 43.33 new text begin biomass that comes from land parcels greater than 160 acres must be certified by the Forest new text end 43.34 new text begin Stewardship Council, Sustainable Forestry Initiative, or American Tree Farm System. new text end 43.35 new text begin Uncertified land from parcels of 160 acres or less and federal land must be harvested by new text end 44.1 new text begin a logger who has completed training for biomass harvesting from the Minnesota logger new text end 44.2 new text begin education program or the equivalent and have a forest stewardship plan. new text end 44.3     new text begin Subd. 5. new text end new text begin Agricultural cellulosic biomass sourcing plan. new text end new text begin (a) An eligible producer new text end 44.4 new text begin who utilizes agricultural cellulosic biomass must submit a responsible biomass sourcing new text end 44.5 new text begin plan for approval by the commissioner prior to applying for payments under this section. new text end 44.6 new text begin The commissioner shall make the plan publicly available. The plan must: new text end 44.7 new text begin (1) provide a detailed explanation of how agricultural cellulosic biomass will be new text end 44.8 new text begin produced and managed in a way that preserves soil quality, does not increase soil and new text end 44.9 new text begin nutrient runoff, avoids introduction of harmful invasive species, limits negative impacts new text end 44.10 new text begin on wildlife habitat, and reduces greenhouse gas emissions; new text end 44.11 new text begin (2) include the producer's approach to verifying that biomass suppliers are following new text end 44.12 new text begin the plan; new text end 44.13 new text begin (3) discuss how new technologies and practices that are not yet commercially viable new text end 44.14 new text begin may be encouraged and adopted during the life of the facility, and how the producer will new text end 44.15 new text begin encourage continuous improvement during the life of the project; new text end 44.16 new text begin (4) include specific numeric goals and timelines for making progress; new text end 44.17 new text begin (5) require agronomic practices that result in a positive Natural Resources new text end 44.18 new text begin Conservation Service Soil Conditioning Index score for acres from which biomass from new text end 44.19 new text begin corn stover will be harvested; and new text end 44.20 new text begin (6) include biennial soil sampling to verify maintained or increased levels of soil new text end 44.21 new text begin organic matter. new text end 44.22 new text begin (b) An eligible producer who utilizes agricultural cellulosic biomass and receives new text end 44.23 new text begin payments under this section shall submit an annual report on the producer's responsible new text end 44.24 new text begin biomass sourcing plan to the commissioner by January 15 each year. The report must new text end 44.25 new text begin include data on progress made by the producer in meeting specific goals laid out in the new text end 44.26 new text begin plan. The commissioner shall make the report publicly available. The commissioner shall new text end 44.27 new text begin perform an annual review of submitted reports and may make a determination that the new text end 44.28 new text begin producer is not following the plan based on the reports submitted. The commissioner new text end 44.29 new text begin may take appropriate steps, including reducing or ceasing payments, until the producer new text end 44.30 new text begin is in compliance with the plan. new text end 44.31     new text begin Subd. 6. new text end new text begin Claims. new text end new text begin (a) By the last day of October, January, April, and July, each eligible new text end 44.32 new text begin biofuel producer shall file a claim for payment for advanced biofuel production during the new text end 44.33 new text begin preceding three calendar months. An eligible biofuel producer that files a claim under new text end 44.34 new text begin this subdivision shall include a statement of the eligible biofuel producer's total advanced new text end 44.35 new text begin biofuel production in Minnesota during the quarter covered by the claim. For each claim new text end 44.36 new text begin and statement of total advanced biofuel production filed under this subdivision, the volume new text end 45.1 new text begin of advanced biofuel production must be examined by a CPA firm with a valid permit to new text end 45.2 new text begin practice under chapter 326A, in accordance with Statements on Standards for Attestation new text end 45.3 new text begin Engagements established by the American Institute of Certified Public Accountants. new text end 45.4 new text begin (b) The commissioner must issue payments by November 15, February 15, May 15, new text end 45.5 new text begin and August 15. A separate payment must be made for each claim filed. new text end 45.6    Sec. 59. new text begin [41A.17] RENEWABLE CHEMICAL PRODUCTION INCENTIVE. new text end 45.7     new text begin Subdivision 1. new text end new text begin Eligibility. new text end new text begin (a) A facility eligible for payment under this program new text end 45.8 new text begin must source at least 80 percent biobased content, as defined in section 41A.105, new text end 45.9 new text begin subdivision 1a, clause (1), from Minnesota. If a facility is sited 50 miles or less from the new text end 45.10 new text begin state border, biobased content must be sourced from within a 100-mile radius. Biobased new text end 45.11 new text begin content must be from agricultural or forestry sources or from solid waste. The facility new text end 45.12 new text begin must be located in Minnesota, must begin production at a specific location by June 30, new text end 45.13 new text begin 2025, and must not begin production of 3,000,000 pounds of chemicals annually before new text end 45.14 new text begin January 1, 2015. Eligible facilities include existing companies and facilities that are new text end 45.15 new text begin adding production capacity, or retrofitting existing capacity, as well as new companies and new text end 45.16 new text begin facilities. Eligible renewable chemical facilities must produce at least 3,000,000 pounds new text end 45.17 new text begin per year. Renewable chemicals produced through processes that are fully commercial new text end 45.18 new text begin before January 1, 2000, are not eligible. new text end 45.19 new text begin (b) No payments shall be made for renewable chemical production that occurs after new text end 45.20 new text begin June 30, 2035, for those eligible renewable chemical producers under paragraph (a). new text end 45.21 new text begin (c) An eligible producer of renewable chemicals shall not transfer the producer's new text end 45.22 new text begin eligibility for payments under this section to a renewable chemical facility at a different new text end 45.23 new text begin location. new text end 45.24 new text begin (d) A producer that ceases production for any reason is ineligible to receive new text end 45.25 new text begin payments under this section until the producer resumes production. new text end 45.26 new text begin (e) Advanced biofuel production for which payment has been received under section new text end 45.27 new text begin 41A.16, and biomass thermal production for which payment has been received under new text end 45.28 new text begin section 41A.18, are not eligible for payment under this section. new text end 45.29     new text begin Subd. 2. new text end new text begin Payment amounts; bonus; limits. new text end new text begin (a) The commissioner shall make new text end 45.30 new text begin payments to eligible producers of renewable chemicals located in the state. The amount of new text end 45.31 new text begin the payment for each producer's annual production is $0.03 per pound of sugar-derived new text end 45.32 new text begin renewable chemical, $0.03 per pound of cellulosic sugar, and $0.06 per pound of new text end 45.33 new text begin cellulosic-derived renewable chemical produced at a specific location for ten years after new text end 45.34 new text begin the start of production. new text end 46.1 new text begin (b) An eligible facility producing renewable chemicals using agricultural cellulosic new text end 46.2 new text begin biomass is eligible for a 20 percent bonus payment for each MMbtu produced from new text end 46.3 new text begin agricultural biomass that is derived from perennial crop or cover crop biomass. new text end 46.4 new text begin (c) Total payments under this section to an eligible renewable chemical producer in new text end 46.5 new text begin a fiscal year may not exceed the amount necessary for 99,999,999 pounds of renewable new text end 46.6 new text begin chemical production. Total payments under this section to all eligible renewable chemical new text end 46.7 new text begin producers in a fiscal year may not exceed the amount necessary for 599,999,999 pounds of new text end 46.8 new text begin renewable chemical production. The commissioner shall award payments on a first-come, new text end 46.9 new text begin first-served basis within the limits of available funding. new text end 46.10 new text begin (d) For purposes of this section, an entity that holds a controlling interest in more new text end 46.11 new text begin than one renewable chemical production facility is considered a single eligible producer. new text end 46.12     new text begin Subd. 3. new text end new text begin Cellulosic biomass requirements. new text end new text begin All forestry-derived cellulosic biomass new text end 46.13 new text begin must be produced using Minnesota state biomass harvesting guidelines or the equivalent. new text end 46.14 new text begin All cellulosic biomass from brushlands must be produced using Minnesota brushland new text end 46.15 new text begin harvesting biomass harvest guidelines or the equivalent. Forestry-derived cellulosic new text end 46.16 new text begin biomass that comes from land parcels greater than 160 acres must be certified by the Forest new text end 46.17 new text begin Stewardship Council, Sustainable Forestry Initiative, or American Tree Farm System. new text end 46.18 new text begin Uncertified land from parcels of 160 acres or less and federal land must be harvested by new text end 46.19 new text begin a logger who has completed training for biomass harvesting from the Minnesota logger new text end 46.20 new text begin education program or the equivalent and have a forest stewardship plan. new text end 46.21     new text begin Subd. 4. new text end new text begin Agricultural cellulosic biomass sourcing plan. new text end new text begin (a) An eligible producer new text end 46.22 new text begin who utilizes agricultural cellulosic biomass must submit a responsible biomass sourcing new text end 46.23 new text begin plan to the commissioner prior to applying for payments under this section. The plan must: new text end 46.24 new text begin (1) provide a detailed explanation of how agricultural cellulosic biomass will be new text end 46.25 new text begin produced and managed in a way that preserves soil quality, does not increase soil and new text end 46.26 new text begin nutrient runoff, avoids introduction of harmful invasive species, limits negative impacts new text end 46.27 new text begin on wildlife habitat, and reduces greenhouse gas emissions; new text end 46.28 new text begin (2) include the producer's approach to verifying that biomass suppliers are following new text end 46.29 new text begin the plan; new text end 46.30 new text begin (3) discuss how new technologies and practices that are not yet commercially viable new text end 46.31 new text begin may be encouraged and adopted during the life of the facility, and how the producer will new text end 46.32 new text begin encourage continuous improvement during the life of the project; and new text end 46.33 new text begin (4) include specific numeric goals and timelines for making progress. new text end 46.34 new text begin (b) An eligible producer who utilizes agricultural cellulosic biomass and receives new text end 46.35 new text begin payments under this section shall submit an annual report on the producer's responsible new text end 46.36 new text begin biomass sourcing plan to the commissioner by January 15 each year. The report must new text end 47.1 new text begin include data on progress made by the producer in meeting specific goals laid out in the new text end 47.2 new text begin plan. The commissioner shall make the report publicly available. The commissioner shall new text end 47.3 new text begin perform an annual review of submitted reports and may make a determination that the new text end 47.4 new text begin producer is not following the plan based on the reports submitted. The commissioner new text end 47.5 new text begin may take appropriate steps, including reducing or ceasing payments, until the producer new text end 47.6 new text begin is in compliance with the plan. new text end 47.7     new text begin Subd. 5. new text end new text begin Claims. new text end new text begin (a) By the last day of October, January, April, and July, each new text end 47.8 new text begin eligible renewable chemical producer shall file a claim for payment for renewable new text end 47.9 new text begin chemical production during the preceding three calendar months. An eligible renewable new text end 47.10 new text begin chemical producer that files a claim under this subdivision shall include a statement of new text end 47.11 new text begin the eligible producer's total renewable chemical production in Minnesota during the new text end 47.12 new text begin quarter covered by the claim. For each claim and statement of total renewable chemical new text end 47.13 new text begin production filed under this paragraph, the volume of renewable chemical production new text end 47.14 new text begin must be examined by a CPA firm with a valid permit to practice under chapter 326A, in new text end 47.15 new text begin accordance with Statements on Standards for Attestation Engagements established by the new text end 47.16 new text begin American Institute of Certified Public Accountants. new text end 47.17 new text begin (b) The commissioner must issue payments by November 15, February 15, May 15, new text end 47.18 new text begin and August 15. A separate payment must be made for each claim filed. new text end 47.19    Sec. 60. new text begin [41A.18] BIOMASS THERMAL PRODUCTION INCENTIVE. new text end 47.20     new text begin Subdivision 1. new text end new text begin Eligibility. new text end new text begin (a) A facility eligible for payment under this section must new text end 47.21 new text begin source at least 80 percent raw materials from Minnesota. If a facility is sited 50 miles or new text end 47.22 new text begin less from the state border, raw materials should be sourced from within a 100-mile radius. new text end 47.23 new text begin Raw materials must be from agricultural or forestry sources. The facility must be located new text end 47.24 new text begin in Minnesota, must have begun production at a specific location by June 30, 2025, and new text end 47.25 new text begin must not begin before July 1, 2015. Eligible facilities include existing companies and new text end 47.26 new text begin facilities that are adding production capacity, or retrofitting existing capacity, as well as new text end 47.27 new text begin new companies and facilities. Eligible biomass thermal production facilities must produce new text end 47.28 new text begin at least 1,000 MMbtu per year. new text end 47.29 new text begin (b) No payments shall be made for biomass thermal production that occurs after June new text end 47.30 new text begin 30, 2035, for those eligible biomass thermal producers under paragraph (a). new text end 47.31 new text begin (c) An eligible producer of biomass thermal production shall not transfer the new text end 47.32 new text begin producer's eligibility for payments under this section to a biomass thermal production new text end 47.33 new text begin facility at a different location. new text end 47.34 new text begin (d) A producer that ceases production for any reason is ineligible to receive new text end 47.35 new text begin payments under this section until the producer resumes production. new text end 48.1 new text begin (e) Biofuel production for which payment has been received under section 41A.16, new text end 48.2 new text begin and renewable chemical production for which payment has been received under section new text end 48.3 new text begin 41A.17, are not eligible for payment under this section. new text end 48.4     new text begin Subd. 2. new text end new text begin Payment amounts; bonus; limits; blending. new text end new text begin (a) The commissioner shall new text end 48.5 new text begin make payments to eligible producers of biomass thermal located in the state. The amount new text end 48.6 new text begin of the payment for each producer's annual production is $5.00 per MMbtu of biomass new text end 48.7 new text begin thermal production produced at a specific location for ten years after the start of production. new text end 48.8 new text begin (b) An eligible facility producing biomass thermal using agricultural cellulosic new text end 48.9 new text begin biomass is eligible for a 20 percent bonus payment for each MMbtu produced from new text end 48.10 new text begin agricultural biomass that is derived from perennial crop or cover crop biomass. new text end 48.11 new text begin (c) Total payments under this section to an eligible thermal producer in a fiscal new text end 48.12 new text begin year may not exceed the amount necessary for 30,000 MMbtu of thermal production. new text end 48.13 new text begin Total payments under this section to all eligible thermal producers in a fiscal year may new text end 48.14 new text begin not exceed the amount necessary for 150,000 MMbtu of total thermal production. The new text end 48.15 new text begin commissioner shall award payments on a first-come, first-served basis within the limits of new text end 48.16 new text begin available funding. new text end 48.17 new text begin (d) An eligible facility may blend a cellulosic feedstock with other fuels in the new text end 48.18 new text begin biomass thermal production facility, but only the percentage attributable to cellulosic new text end 48.19 new text begin material is eligible to receive payment. new text end 48.20 new text begin (e) For purposes of this section, an entity that holds a controlling interest in more new text end 48.21 new text begin than one biomass thermal production facility is considered a single eligible producer. new text end 48.22     new text begin Subd. 3. new text end new text begin Cellulosic biomass requirements. new text end new text begin All forestry-derived cellulosic biomass new text end 48.23 new text begin must be produced using Minnesota state biomass harvesting guidelines or the equivalent. new text end 48.24 new text begin All biomass from brushland must be produced using Minnesota brushland harvesting new text end 48.25 new text begin biomass guidelines or the equivalent. Forestry-derived cellulosic biomass that comes from new text end 48.26 new text begin land parcels greater than 160 acres must be certified by the Forest Stewardship Council, new text end 48.27 new text begin the Sustainable Forestry Initiative, or American Tree Farm. Uncertified land from parcels new text end 48.28 new text begin of 160 acres or less and federal land must be harvested by a logger who has completed new text end 48.29 new text begin training for biomass harvesting from the Minnesota logger education program or the new text end 48.30 new text begin equivalent and have a forest stewardship plan. new text end 48.31     new text begin Subd. 4. new text end new text begin Agricultural cellulosic biomass sourcing plan. new text end new text begin (a) An eligible producer new text end 48.32 new text begin who utilizes agricultural cellulosic biomass must submit a responsible biomass sourcing new text end 48.33 new text begin plan to the commissioner prior to applying for payments under this section. The plan must: new text end 48.34 new text begin (1) provide a detailed explanation of how agricultural cellulosic biomass will be new text end 48.35 new text begin produced and managed in a way that preserves soil quality, does not increase soil and new text end 49.1 new text begin nutrient runoff, avoids introduction of harmful invasive species, limits negative impacts new text end 49.2 new text begin on wildlife habitat, and reduces greenhouse gas emissions; new text end 49.3 new text begin (2) include the producer's approach to verifying that biomass suppliers are following new text end 49.4 new text begin the plan; new text end 49.5 new text begin (3) discuss how new technologies and practices that are not yet commercially viable new text end 49.6 new text begin may be encouraged and adopted during the life of the facility, and how the producer will new text end 49.7 new text begin encourage continuous improvement during the life of the project; and new text end 49.8 new text begin (4) include specific numeric goals and timelines for making progress. new text end 49.9 new text begin (b) An eligible producer who utilizes agricultural cellulosic biomass and receives new text end 49.10 new text begin payments under this section shall submit an annual report on the producer's responsible new text end 49.11 new text begin biomass sourcing plan to the commissioner by January 15 each year. The report must new text end 49.12 new text begin include data on progress made by the producer in meeting specific goals laid out in the new text end 49.13 new text begin plan. The commissioner shall make the report publicly available. The commissioner shall new text end 49.14 new text begin perform an annual review of submitted reports and may make a determination that the new text end 49.15 new text begin producer is not following the plan based on the reports submitted. The commissioner new text end 49.16 new text begin may take appropriate steps, including reducing or ceasing payments, until the producer new text end 49.17 new text begin is in compliance with the plan. new text end 49.18     new text begin Subd. 5. new text end new text begin Claims. new text end new text begin (a) By the last day of October, January, April, and July, each new text end 49.19 new text begin producer shall file a claim for payment for biomass thermal production during the new text end 49.20 new text begin preceding three calendar months. A producer that files a claim under this subdivision shall new text end 49.21 new text begin include a statement of the producer's total biomass thermal production in Minnesota new text end 49.22 new text begin during the quarter covered by the claim. For each claim and statement of total biomass new text end 49.23 new text begin thermal production filed under this paragraph, the volume of biomass thermal production new text end 49.24 new text begin must be examined by a CPA firm with a valid permit to practice under chapter 326A, in new text end 49.25 new text begin accordance with Statements on Standards for Attestation Engagements established by the new text end 49.26 new text begin American Institute of Certified Public Accountants. new text end 49.27 new text begin (b) The commissioner must issue payments by November 15, February 15, May 15, new text end 49.28 new text begin and August 15. A separate payment shall be made for each claim filed. new text end 49.29    Sec. 61. new text begin [41A.19] REPORT; INCENTIVE PROGRAMS. new text end 49.30 new text begin By January 15 each year, the commissioner shall report on the incentive programs new text end 49.31 new text begin under sections 41A.16, 41A.17, and 41A.18 to the legislative committees with jurisdiction new text end 49.32 new text begin over environment and agriculture policy and finance. The report shall include information new text end 49.33 new text begin on production and incentive expenditures under the programs. new text end 49.34    Sec. 62. Minnesota Statutes 2014, section 41B.03, subdivision 6, is amended to read: 50.1    Subd. 6. Application fee. The authority may impose a reasonable nonrefundable 50.2application fee for each application submitted for a beginning farmer loan or a 50.3seller-sponsored loan. The application fee is initially $50. The authority may review the 50.4fee annually and make adjustments as necessary. The fee must be deposited in the state 50.5treasury and credited to an account in the special revenue fund. Money in the account is 50.6appropriated to the commissioner for administrative expenses of the beginning farmer 50.7and seller-sponsored loan programs new text begin the Rural Finance Authority administrative account new text end 50.8 new text begin established in subdivision 7 new text end . 50.9    Sec. 63. Minnesota Statutes 2014, section 41B.03, is amended by adding a subdivision 50.10to read: 50.11     new text begin Subd. 7. new text end new text begin Rural Finance Authority administrative account. new text end new text begin There is established new text end 50.12 new text begin in the agricultural fund a Rural Finance Authority administrative account. Money in the new text end 50.13 new text begin account, including interest, is appropriated to the commissioner of agriculture for the new text end 50.14 new text begin administrative expenses of the loan programs administered by the Rural Finance Authority. new text end 50.15    Sec. 64. Minnesota Statutes 2014, section 41B.04, subdivision 17, is amended to read: 50.16    Subd. 17. Application and origination fee. The authority may impose a reasonable 50.17nonrefundable application fee for each application and an origination fee for each loan 50.18issued under the loan restructuring program. The origination fee is 1.5 percent of the 50.19authority's participation interest in the loan and the application fee is $50. The authority 50.20may review the fees annually and make adjustments as necessary. The fees must be 50.21deposited in the state treasury and credited to an account in the special revenue fund. 50.22Money in the account is appropriated to the commissioner for administrative expenses 50.23of the loan restructuring program new text begin the Rural Finance Authority administrative account new text end 50.24 new text begin established in section 41B.03 new text end . 50.25    Sec. 65. Minnesota Statutes 2014, section 41B.043, subdivision 3, is amended to read: 50.26    Subd. 3. Application and origination fee. The authority may impose a reasonable 50.27nonrefundable application fee for each application submitted for a participation issued 50.28under the agricultural improvement loan program. The application fee is initially $50. The 50.29authority may review the fees annually and make adjustments as necessary. The fees must 50.30be deposited in the state treasury and credited to an account in the special revenue fund. 50.31Money in this account is appropriated to the commissioner for administrative expenses of 50.32the agricultural improvement loan program new text begin the Rural Finance Authority administrative new text end 50.33 new text begin account established in section 41B.03 new text end . 51.1    Sec. 66. Minnesota Statutes 2014, section 41B.045, subdivision 3, is amended to read: 51.2    Subd. 3. Specifications. No loan may be made to refinance an existing debt. Each 51.3loan participation must be secured by a mortgage on real property and such other security 51.4as the authority may require. 51.5    Sec. 67. Minnesota Statutes 2014, section 41B.045, subdivision 4, is amended to read: 51.6    Subd. 4. Application and origination fee. The authority may impose a reasonable 51.7nonrefundable application fee for each application for a loan participation and an 51.8origination fee for each loan issued under the livestock expansion loan program. The 51.9origination fee initially shall be set at 1.5 percent and the application fee at $50. The 51.10authority may review the fees annually and make adjustments as necessary. The fees must 51.11be deposited in the state treasury and credited to an account in the special revenue fund. 51.12Money in this account is appropriated to the commissioner for administrative expenses of 51.13the livestock expansion loan program new text begin the Rural Finance Authority administrative account new text end 51.14 new text begin established in section 41B.03 new text end . 51.15    Sec. 68. Minnesota Statutes 2014, section 41B.046, subdivision 5, is amended to read: 51.16    Subd. 5. Loans. (a) The authority may participate in a stock loan with an eligible 51.17lender to a farmer who is eligible under subdivision 4. Participation is limited to 45 51.18percent of the principal amount of the loan or $40,000, whichever is less. The interest 51.19rates and repayment terms of the authority's participation interest may differ from the 51.20interest rates and repayment terms of the lender's retained portion of the loan, but the 51.21authority's interest rate must not exceed 50 percent of the lender's interest rate. 51.22(b) No more than 95 percent of the purchase price of the stock may be financed 51.23under this program. 51.24(c) Security for stock loans must be the stock purchased, a personal note executed by 51.25the borrower, and whatever other security is required by the eligible lender or the authority. 51.26(d) The authority may impose a reasonable nonrefundable application fee for each 51.27application for a stock loan. The authority may review the fee annually and make 51.28adjustments as necessary. The application fee is initially $50. Application fees received 51.29by the authority must be deposited in the revolving loan account established in section 51.30 new text begin Rural Finance Authority administrative account established in section 41B.03 new text end . 51.31(e) Stock loans under this program will be made using money in the revolving 51.32loan account established in section 41B.06. 51.33(f) The authority may not grant stock loans in a cumulative amount exceeding 51.34$2,000,000 for the financing of stock purchases in any one cooperative. 52.1(g) Repayments of financial assistance under this section, including principal and 52.2interest, must be deposited into the revolving loan account established in section 41B.06. 52.3    Sec. 69. Minnesota Statutes 2014, section 41B.047, subdivision 1, is amended to read: 52.4    Subdivision 1. Establishment. The authority shall establish and implement a 52.5disaster recovery loan program to help farmers: 52.6    (1) clean up, repair, or replace farm structures and septic and water systems, as well 52.7as replace seed, other crop inputs, feed, and livestock, when damaged by high winds, 52.8hail, tornado, or flood; or 52.9    (2) purchase watering systems, irrigation systems, and other drought mitigation 52.10systems and practices when drought is the cause of the purchase. new text begin ; new text end 52.11 new text begin (3) restore farmland; or new text end 52.12 new text begin (4) replace flocks, make building improvements, and cover the loss of revenue when new text end 52.13 new text begin the replacement, improvements, or loss of revenue is due to the confirmed presence of new text end 52.14 new text begin the highly pathogenic avian influenza in a commercial poultry or game flock located new text end 52.15 new text begin in Minnesota. new text end 52.16    Sec. 70. Minnesota Statutes 2014, section 41B.047, subdivision 3, is amended to read: 52.17    Subd. 3. Eligibility. To be eligible for this program, a borrower must: 52.18    (1) meet the requirements of section 41B.03, subdivision 1; 52.19    (2) certify that the damage or loss was new text begin (i) new text end sustained within a county that was the 52.20subject of a state or federal disaster declaration new text begin or (ii) due to the confirmed presence of new text end 52.21 new text begin the highly pathogenic avian influenza in a commercial poultry or game flock located new text end 52.22 new text begin in Minnesota new text end ; 52.23    (3) demonstrate an ability to repay the loan; new text begin and new text end 52.24    (4) have a total net worth, including assets and liabilities of the borrower's spouse 52.25and dependents, of less than $660,000 in 2004 and an amount in subsequent years which 52.26is adjusted for inflation by multiplying that amount by the cumulative inflation rate as 52.27determined by the Consumer Price Index; and 52.28    (5) new text begin (4) new text end have received at least 50 percent of average annual gross income from 52.29farming for the past three years. 52.30    Sec. 71. Minnesota Statutes 2014, section 41B.047, subdivision 4, is amended to read: 52.31    Subd. 4. Loans. (a) The authority may participate in a disaster recovery loan with 52.32an eligible lender to a farmer who is eligible under subdivision 3. Participation is limited 52.33to 45 percent of the principal amount of the loan or $50,000 new text begin $200,000 new text end , whichever is less. 53.1The interest rates and repayment terms of the authority's participation interest may differ 53.2from the interest rates and repayment terms of the lender's retained portion of the loan, but 53.3the authority's interest rate must not exceed four percent. 53.4    (b) Standards for loan amortization shall be set by the Rural Finance Authority 53.5not to exceed ten years. 53.6    (c) Security for the disaster recovery loans must be a personal note executed by the 53.7borrower and whatever other security is required by the eligible lender or the authority. 53.8    (d) The authority may impose a reasonable nonrefundable application fee for a 53.9disaster recovery loan. The authority may review the fee annually and make adjustments 53.10as necessary. The application fee is initially $50. Application fees received by the 53.11authority must be deposited in the revolving loan account established under section 53.12 new text begin Rural Finance Authority administrative account established in section 41B.03 new text end . 53.13    (e) Disaster recovery loans under this program will be made using money in the 53.14revolving loan account established under section 41B.06. 53.15    (f) Repayments of financial assistance under this section, including principal and 53.16interest, must be deposited into the revolving loan account established under section 53.1741B.06 . 53.18    Sec. 72. Minnesota Statutes 2014, section 41B.048, subdivision 6, is amended to read: 53.19    Subd. 6. Loans. (a) The authority may disburse loans through a fiscal agent to 53.20farmers and agricultural landowners who are eligible under subdivision 5. The total 53.21accumulative loan principal must not exceed $75,000 per loan. 53.22(b) The fiscal agent may impose a loan origination fee in the amount of one percent 53.23of the total approved loan. This fee is to be paid by the borrower to the fiscal agent at 53.24the time of loan closing. 53.25(c) The loan may be disbursed over a period not to exceed 12 years. 53.26(d) A borrower may receive loans, depending on the availability of funds, for planted 53.27areas up to 160 acres for up to: 53.28(1) the total amount necessary for establishment of the crop; 53.29(2) the total amount of maintenance costs, including weed control, during the first 53.30three years; and 53.31(3) 70 percent of the estimated value of one year's growth of the crop for years 53.32four through 12. 53.33(e) Security for the loan must be the crop, a personal note executed by the borrower, an 53.34interest in the land upon which the crop is growing, and whatever other security is required 53.35by the fiscal agent or the authority. All recording fees must be paid by the borrower. 54.1(f) The authority may prescribe forms and establish an application process for 54.2applicants to apply for a loan. 54.3(g) The authority may impose a reasonable, nonrefundable application fee for each 54.4application for a loan under this program. The application fee is initially $50. Application 54.5fees received by the authority must be deposited in the revolving loan account established 54.6under section new text begin Rural Finance Authority administrative account established in new text end 54.7 new text begin section 41B.03 new text end . 54.8(h) Loans under the program must be made using money in the revolving loan 54.9account established under section 41B.06. 54.10(i) All repayments of financial assistance granted under this section, including 54.11principal and interest, must be deposited into the revolving loan account established 54.12under section 41B.06. 54.13(j) The interest payable on loans made by the authority for the agroforestry loan 54.14program must, if funded by revenue bond proceeds, be at a rate not less than the rate on the 54.15revenue bonds, and may be established at a higher rate necessary to pay costs associated 54.16with the issuance of the revenue bonds and a proportionate share of the cost of administering 54.17the program. The interest payable on loans for the agroforestry loan program funded from 54.18sources other than revenue bond proceeds must be at a rate determined by the authority. 54.19(k) Loan principal balance outstanding plus all assessed interest must be repaid 54.20within 120 days of harvest, but no later than 15 years from planting. 54.21    Sec. 73. Minnesota Statutes 2014, section 41B.049, subdivision 4, is amended to read: 54.22    Subd. 4. Loans. (a) The authority may make a direct loan or participate in a loan 54.23with an eligible lender to a farmer who is eligible under subdivision 3. Repayment terms 54.24of the authority's participation interest may differ from repayment terms of the lender's 54.25retained portion of the loan. Loans made under this section must be no-interest loans. 54.26(b) Application for a direct loan or a loan participation must be made on forms 54.27prescribed by the authority. 54.28(c) Standards for loan amortization shall be set by the Rural Finance Authority 54.29not to exceed ten years. 54.30(d) Security for the loans must be a personal note executed by the borrower and 54.31whatever other security is required by the eligible lender or the authority. 54.32(e) No loan proceeds may be used to refinance a debt existing prior to application. 54.33(f) The authority may impose a reasonable nonrefundable application fee for 54.34each application for a direct loan or a loan participation. The authority may review the 54.35application fees annually and make adjustments as necessary. The application fee is 55.1initially set at $100 for a loan under subdivision 1. The fees received by the authority must 55.2be deposited in the revolving loan account established in section new text begin Rural Finance new text end 55.3 new text begin Authority administrative account established in section 41B.03 new text end . 55.4    Sec. 74. Minnesota Statutes 2014, section 41B.055, subdivision 3, is amended to read: 55.5    Subd. 3. Loans. (a) The authority may participate in a livestock equipment loan 55.6equal to 90 percent of the purchased equipment value with an eligible lender to a farmer 55.7who is eligible under subdivision 2. Participation is limited to 45 percent of the principal 55.8amount of the loan or $40,000, whichever is less. The interest rates and repayment terms 55.9of the authority's participation interest may differ from the interest rates and repayment 55.10terms of the lender's retained portion of the loan, but the authority's interest rate must 55.11not exceed three percent. The authority may review the interest annually and make 55.12adjustments as necessary. 55.13    (b) Standards for loan amortization must be set by the Rural Finance Authority 55.14and must not exceed ten years. 55.15    (c) Security for a livestock equipment loan must be a personal note executed by the 55.16borrower and whatever other security is required by the eligible lender or the authority. 55.17    (d) Refinancing of existing debt is not an eligible purpose. 55.18    (e) The authority may impose a reasonable, nonrefundable application fee for 55.19a livestock equipment loan. The authority may review the fee annually and make 55.20adjustments as necessary. The initial application fee is $50. Application fees received 55.21by the authority must be deposited in the revolving loan account established in section 55.22 new text begin Rural Finance Authority administrative account established in section 41B.03 new text end . 55.23    (f) Loans under this program must be made using money in the revolving loan 55.24account established in section 41B.06. 55.25    Sec. 75. Minnesota Statutes 2014, section 41B.056, subdivision 2, is amended to read: 55.26    Subd. 2. Definitions. (a) The definitions in this subdivision apply to this section. 55.27(b) "Intermediary" means any lending institution or other organization of a for-profit 55.28or nonprofit nature that is in good standing with the state of Minnesota that has the 55.29appropriate business structure and trained personnel suitable to providing efficient 55.30disbursement of loan funds and the servicing and collection of loans. 55.31(c) "Specialty crops" means agricultural crops, such as annuals, flowers, perennials, 55.32and other horticultural products, that are intensively cultivated. 56.1(d) "Eligible livestock" means poultry that has been allowed access to the outside, 56.2sheep, or goats new text begin beef cattle, dairy cattle, swine, poultry, goats, mules, farmed cervidae, new text end 56.3 new text begin ratitae, bison, sheep, horses, and llamas new text end . 56.4    Sec. 76. new text begin [41B.057] FARM OPPORTUNITY LOAN PROGRAM. new text end 56.5     new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin The authority shall establish a farm opportunity loan new text end 56.6 new text begin program to provide loans that enable farmers to: new text end 56.7 new text begin (1) add value to crops or livestock produced in Minnesota; new text end 56.8 new text begin (2) adopt best management practices that emphasize sufficiency and self-sufficiency; new text end 56.9 new text begin (3) reduce or improve management of agricultural inputs resulting in environmental new text end 56.10 new text begin improvements; or new text end 56.11 new text begin (4) increase production of on-farm energy. new text end 56.12     new text begin Subd. 2. new text end new text begin Loan criteria. new text end new text begin (a) The farm opportunity loan program shall provide loans new text end 56.13 new text begin for purchase of new or used equipment and installation of equipment for projects that new text end 56.14 new text begin make environmental improvements and enhance farm profitability. The loan program new text end 56.15 new text begin shall also be used to add value to crops or livestock produced in Minnesota by, but not new text end 56.16 new text begin limited to, initiating or expanding livestock product processing; purchasing equipment to new text end 56.17 new text begin initiate, upgrade, or modernize value-added agricultural businesses; or increasing farmers' new text end 56.18 new text begin processing and aggregating capacity facilitating entry into farm-to-institution and other new text end 56.19 new text begin markets. Eligible loan uses do not include expenses related to seeds, fertilizer, fuel, or new text end 56.20 new text begin other operating expenses. new text end 56.21 new text begin (b) The authority may impose a reasonable, nonrefundable application fee for a farm new text end 56.22 new text begin opportunity loan. The authority may review the fee annually and make adjustments as new text end 56.23 new text begin necessary. The initial application fee is $50. Application fees received by the authority new text end 56.24 new text begin must be deposited in the Rural Finance Authority administrative account established new text end 56.25 new text begin in section 41B.03. new text end 56.26 new text begin (c) Loans may only be made to Minnesota residents engaged in farming. Standards new text end 56.27 new text begin for loan amortization must be set by the Rural Finance Authority and must not exceed new text end 56.28 new text begin ten years. new text end 56.29 new text begin (d) The borrower must show the ability to repay the loan. new text end 56.30 new text begin (e) Refinancing of existing debt is not an eligible expense. new text end 56.31 new text begin (f) Loans under this program must be made using money in the revolving loan new text end 56.32 new text begin account established in section 41B.06. new text end 56.33     new text begin Subd. 3. new text end new text begin Loan participation. new text end new text begin The authority may participate in a farm opportunity new text end 56.34 new text begin loan with an eligible lender, as defined in section 41B.02, subdivision 8, to a farmer or a new text end 56.35 new text begin group of farmers on joint projects who are eligible under subdivision 2, paragraph (c), new text end 57.1 new text begin and who are actively engaged in farming. Participation is limited to 45 percent of the new text end 57.2 new text begin principal amount of the loan or $45,000 per individual, whichever is less. For loans to a new text end 57.3 new text begin group made up of four or more individuals, participation is limited to 45 percent of the new text end 57.4 new text begin principal amount of the loan or $180,000, whichever is less. The interest rate on the new text end 57.5 new text begin loans must not exceed six percent. new text end 57.6    Sec. 77. Minnesota Statutes 2014, section 41B.06, is amended to read: 57.741B.06 RURAL FINANCE AUTHORITY REVOLVING LOAN ACCOUNT. 57.8    There is established in the rural finance administration fund a Rural Finance 57.9Authority revolving loan account that is eligible to receive appropriations and the transfer 57.10of loan funds from other programs. All repayments of financial assistance granted from 57.11this account, including principal and interest, must be deposited into this account. Interest 57.12earned on money in the account accrues to the account, and the money in the account is 57.13appropriated to the commissioner of agriculture for purposes of the Rural Finance Authority 57.14livestock equipment, methane digester, disaster recovery, value-added agricultural 57.15product, agroforestry, and agricultural microloan new text begin , and farm opportunity new text end loan programs, 57.16including costs incurred by the authority to establish and administer the programs. 57.17    Sec. 78. Minnesota Statutes 2014, section 135A.52, is amended by adding a 57.18subdivision to read: 57.19     new text begin Subd. 6. new text end new text begin Farm business management. new text end new text begin Minnesota State Colleges and Universities new text end 57.20 new text begin campuses that offer farm business management may specify space availability in the new text end 57.21 new text begin delivery of farm business management courses. new text end 57.22    Sec. 79. Minnesota Statutes 2014, section 375.30, subdivision 2, is amended to read: 57.23    Subd. 2. Wild hemp. A county board, by resolution, may appropriate and spend 57.24money as necessary to spray and otherwise eradicate wild hemp, commonly known as 57.25marijuana, on private property within the county. The county board may authorize the 57.26use of county equipment, personnel and supplies and materials to spray or otherwise 57.27eradicate wild hemp on private property, and may pro rate the expenses involved between 57.28the county and owner or occupant of the property. new text begin Industrial hemp grown by a person new text end 57.29 new text begin licensed under chapter 18K is not wild hemp. new text end 57.30    Sec. 80. Minnesota Statutes 2014, section 500.24, subdivision 4, is amended to read: 57.31    Subd. 4. Reports. (a) The chief executive officer of every pension or investment 57.32fund, corporation, limited partnership, limited liability company, or entity that is seeking 58.1to qualify for an exemption from the commissioner, and the trustee of a family farm trust 58.2that holds any interest in agricultural land or land used for the breeding, feeding, pasturing, 58.3growing, or raising of livestock, dairy or poultry, or products thereof, or land used for 58.4the production of agricultural crops or fruit or other horticultural products, other than a 58.5bona fide encumbrance taken for purposes of security, or which is engaged in farming 58.6or proposing to commence farming in this state after May 20, 1973, shall file with the 58.7commissioner a report containing the following information and documents: 58.8(1) the name of the pension or investment fund, corporation, limited partnership, or 58.9limited liability company and its place of incorporation, certification, or registration; 58.10(2) the address of the pension or investment plan headquarters or of the registered 58.11office of the corporation in this state, the name and address of its registered agent in this state 58.12and, in the case of a foreign corporation, limited partnership, or limited liability company, 58.13the address of its principal office in its place of incorporation, certification, or registration; 58.14(3) the acreage and location listed by quarter-quarter section, township, and county 58.15of each lot or parcel of agricultural land or land used for the keeping or feeding of poultry 58.16in this state owned or leased by the pension or investment fund, limited partnership, 58.17corporation, or limited liability company; 58.18(4) the names and addresses of the officers, administrators, directors, or trustees of 58.19the pension or investment fund, or of the officers, shareholders owning more than ten 58.20percent of the stock, including the percent of stock owned by each such shareholder, the 58.21members of the board of directors of the corporation, and the members of the limited 58.22liability company, and the general and limited partners and the percentage of interest in 58.23the partnership by each partner; 58.24(5) the farm products which the pension or investment fund, limited partnership, 58.25corporation, or limited liability company produces or intends to produce on its agricultural 58.26land; 58.27(6) with the first report, a copy of the title to the property where the farming operations 58.28are or will occur indicating the particular exception claimed under subdivision 3; and 58.29(7) with the first or second report, a copy of the conservation plan proposed by the 58.30soil and water conservation district, and with subsequent reports a statement of whether 58.31the conservation plan was implemented. 58.32The report of a corporation, trust, limited liability company, or partnership seeking 58.33to qualify hereunder as a family farm corporation, an authorized farm corporation, an 58.34authorized livestock farm corporation, a family farm partnership, an authorized farm 58.35partnership, a family farm limited liability company, an authorized farm limited liability 58.36company, or a family farm trust or under an exemption from the commissioner shall 59.1contain the following additional information: the number of shares, partnership interests, 59.2or governance and financial rights owned by persons or current beneficiaries of a family 59.3farm trust residing on the farm or actively engaged in farming, or their relatives within 59.4the third degree of kindred according to the rules of the civil law or their spouses; the 59.5name, address, and number of shares owned by each shareholder, partnership interests 59.6owned by each partner or governance and financial rights owned by each member, and a 59.7statement as to percentage of gross receipts of the corporation derived from rent, royalties, 59.8dividends, interest, and annuities. No pension or investment fund, limited partnership, 59.9corporation, or limited liability company shall commence farming in this state until the 59.10commissioner has inspected the report and certified that its proposed operations comply 59.11with the provisions of this section. 59.12(b) Every pension or investment fund, limited partnership, trust, corporation, or 59.13limited liability company as described in paragraph (a) shall, prior to April 15 of each 59.14year, file with the commissioner a report containing the information required in paragraph 59.15(a), based on its operations in the preceding calendar year and its status at the end of the 59.16year. A pension or investment fund, limited partnership, corporation, or limited liability 59.17company that does not file the report by April 15 must pay a $500 civil penalty. The 59.18penalty is a lien on the land being farmed under subdivision 3 until the penalty is paid. 59.19(c) The commissioner may, for good cause shown, issue a written waiver or 59.20reduction of the civil penalty for failure to make a timely filing of the annual report 59.21required by this subdivision. The waiver or reduction is final and conclusive with respect 59.22to the civil penalty, and may not be reopened or modified by an officer, employee, or 59.23agent of the state, except upon a showing of fraud or malfeasance or misrepresentation 59.24of a material fact. The report required under paragraph (b) must be completed prior to a 59.25reduction or waiver under this paragraph. The commissioner may enter into an agreement 59.26under this paragraph only once for each corporation or partnership. 59.27 new text begin (d) All reports required by paragraph (a) shall include a filing fee of $15. The fee new text end 59.28 new text begin must be deposited in the state treasury and credited to an account in the agricultural fund. new text end 59.29 new text begin Money in the account, including interest, is appropriated to the commissioner for the new text end 59.30 new text begin administrative expenses of this section. new text end 59.31(d) new text begin (e) new text end Failure to file a required report or the willful filing of false information is a 59.32gross misdemeanor. 59.33    Sec. 81. Minnesota Statutes 2014, section 583.215, is amended to read: 59.34583.215 EXPIRATION. 60.1Sections 336.9-601, subsections (h) and (i); 550.365; 559.209; 582.039; and 583.20 60.2to 583.32, expire June 30, 2016 new text begin 2017 new text end . 60.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective May 23, 2016, if the legislature does new text end 60.4 new text begin not meet in regular session in calendar year 2016 before May 23, 2016. If the legislature new text end 60.5 new text begin meets in regular session in calendar year 2016 before May 23, 2016, this section is void. new text end 60.6    Sec. 82. Laws 2014, chapter 312, article 12, section 3, is amended to read: 60.7 Sec. 3. AGRICULTURE.$-0-$2,750,00060.8$2,000,000 in 2015 is for a grant to Second 60.9Harvest Heartland on behalf of the six 60.10Feeding America food banks that serve 60.11Minnesota to compensate agricultural 60.12producers and processors for costs incurred 60.13to harvest and package for transfer surplus 60.14fruits, vegetables, or other agricultural 60.15commodities that would otherwise go 60.16unharvested or new text begin , new text end be discarded new text begin , or be sold in new text end 60.17 new text begin a secondary market new text end . Surplus commodities 60.18must be distributed statewide to food 60.19shelves and other charitable organizations 60.20that are eligible to receive food from the 60.21food banks. Surplus food acquired under 60.22this appropriation must be from Minnesota 60.23producers and processors. Second Harvest 60.24Heartland must report when required by, and 60.25in the form prescribed by, the commissioner. 60.26For fiscal year 2015, Second Harvest 60.27Heartland may use up to 11 percent of any 60.28grant received for administrative expenses 60.29 new text begin and up to four percent of the grant for new text end 60.30 new text begin transportation expenses new text end . For fiscal years 60.312016 and 2017, Second Harvest Heartland 60.32may use up to five percent of any grant 60.33received for administrative expenses. This 61.1is a onetime appropriation and is available 61.2until June 30, 2017. 61.3The commissioner shall examine how other 61.4states are implementing the industrial hemp 61.5research authority provided in Public Law 61.6113-79 and gauge the interest of Minnesota 61.7higher education institutions. No later 61.8than January 15, 2015, the commissioner 61.9must report the information and items for 61.10legislative consideration to the legislative 61.11committees with jurisdiction over agriculture 61.12policy and finance. 61.13$350,000 in 2015 is for an increase in retail 61.14food handler inspections. 61.15$200,000 in 2015 is added to the 61.16appropriation in Laws 2013, chapter 114, 61.17article 1, section 3, subdivision 4, for 61.18distribution to the state's county fairs. This is 61.19a onetime appropriation. 61.20$200,000 in 2015 is for a grant as determined 61.21by the commissioner to a public higher 61.22education institution to research porcine 61.23epidemic diarrhea virus. This is a onetime 61.24appropriation and is available until June 30, 61.252017. 61.26    Sec. 83. new text begin LIVESTOCK INDUSTRY STUDY. new text end 61.27 new text begin The commissioner of agriculture must identify causes of the relative growth or new text end 61.28 new text begin decline in the number of head of poultry and livestock produced in Minnesota, Iowa, new text end 61.29 new text begin North Dakota, South Dakota, Wisconsin, and Nebraska over the last ten years, including new text end 61.30 new text begin but not limited to the impact of nuisance conditions and lawsuits filed against poultry or new text end 61.31 new text begin livestock farms. No later than February 1, 2016, the commissioner must report findings new text end 61.32 new text begin by poultry and livestock sector and provide recommendations on how to strengthen and new text end 61.33 new text begin expand Minnesota animal agriculture to the legislative committees with jurisdiction over new text end 61.34 new text begin agriculture policy and finance. new text end 62.1    Sec. 84. new text begin CORRECTIONAL FACILITY VOCATIONAL TRAINING PILOT new text end 62.2 new text begin PROGRAM. new text end 62.3     new text begin Subdivision 1. new text end new text begin Pilot program. new text end new text begin The commissioner of agriculture must coordinate new text end 62.4 new text begin a pilot program operated by the Northeast Regional Corrections Center to train inmates new text end 62.5 new text begin for careers as meat cutters upon release. The commissioner must facilitate program new text end 62.6 new text begin development and ensure that the program prepares inmates to meet applicable food safety new text end 62.7 new text begin and licensure requirements. new text end 62.8     new text begin Subd. 2. new text end new text begin Program development. new text end new text begin In facilitating development of the pilot program, new text end 62.9 new text begin the commissioner must consult with the commissioner of employment and economic new text end 62.10 new text begin development and a representative of each of the following organizations: new text end 62.11 new text begin (1) Northeast Regional Corrections Center; and new text end 62.12 new text begin (2) United Food and Commercial Workers. new text end 62.13     new text begin Subd. 3. new text end new text begin Report required. new text end new text begin No later than February 1, 2017, the commissioner must new text end 62.14 new text begin report on the progress and outcomes of the program to the legislative committees with new text end 62.15 new text begin jurisdiction over agriculture, economic development, higher education, and public safety. new text end 62.16     new text begin Subd. 4. new text end new text begin Expiration. new text end new text begin This section expires on June 30, 2017. new text end 62.17    Sec. 85. new text begin URBAN AGRICULTURE DEVELOPMENT PROPOSAL. new text end 62.18 new text begin The commissioner of agriculture must convene interested stakeholders and develop new text end 62.19 new text begin a proposal to effectively and efficiently promote urban agriculture in Minnesota cities. new text end 62.20 new text begin For purposes of this section, "urban agriculture" means producing agricultural plants, new text end 62.21 new text begin poultry, or livestock on public or private property within city limits. No later than January new text end 62.22 new text begin 15, 2016, the commissioner must report to the legislative committees with jurisdiction new text end 62.23 new text begin over agriculture policy and finance and submit proposed legislation that includes a new new text end 62.24 new text begin definition of urban agriculture if the commissioner and stakeholders determine that a new text end 62.25 new text begin different definition more accurately defines urban agriculture. new text end 62.26    Sec. 86. new text begin BALANCES TRANSFERRED; ACCOUNTS ABOLISHED. new text end 62.27 new text begin The balances in the accounts created under Minnesota Statutes, sections 41B.03, new text end 62.28 new text begin subdivision 6; 41B.04, subdivision 17; 41B.043, subdivision 3; and 41B.045, subdivision new text end 62.29 new text begin 4, are transferred to the Rural Finance Authority administrative account established under new text end 62.30 new text begin Minnesota Statutes, section 41B.03, subdivision 7, and the original accounts are abolished. new text end 63.1 new text begin The balance in the account created under Minnesota Statutes, section 17.115, new text end 63.2 new text begin is transferred to the Rural Finance Authority revolving loan account established under new text end 63.3 new text begin Minnesota Statutes, section 41B.06, and the original account is abolished. new text end 63.4    Sec. 87. new text begin REPEALER. new text end 63.5 new text begin Minnesota Statutes 2014, sections 17.115; 28A.15, subdivisions 9 and 10; and new text end 63.6 new text begin 116V.03, new text end new text begin are repealed. new text end 63.7ARTICLE 3 63.8ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS 63.9 Section 1. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. new text end 63.10     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 63.11 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 63.12 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 63.13 new text begin for each purpose. The figures "2016" and "2017" used in this article mean that the new text end 63.14 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2016, or new text end 63.15 new text begin June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal new text end 63.16 new text begin year 2017. "The biennium" is fiscal years 2016 and 2017. Appropriations for the fiscal new text end 63.17 new text begin year ending June 30, 2015, are effective the day following final enactment. new text end 63.18 new text begin APPROPRIATIONS new text end 63.19 new text begin Available for the Year new text end 63.20 new text begin Ending June 30 new text end 63.21 new text begin 2016 new text end new text begin 2017 new text end 63.22 Sec. 2. new text begin POLLUTION CONTROL AGENCY new text end 63.23 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 94,582,000 new text end new text begin $ new text end new text begin 91,784,000 new text end 63.24 new text begin Appropriations by Fund new text end 63.25 new text begin 2016 new text end new text begin 2017 new text end 63.26 new text begin General new text end new text begin 6,395,000 new text end new text begin 5,727,000 new text end 63.27 63.28 new text begin State Government new text end new text begin Special Revenue new text end new text begin 75,000 new text end new text begin 75,000 new text end 63.29 new text begin Environmental new text end new text begin 73,480,000 new text end new text begin 74,548,000 new text end 63.30 new text begin Remediation new text end new text begin 14,632,000 new text end new text begin 11,434,000 new text end 63.31 new text begin The amounts that may be spent for each new text end 63.32 new text begin purpose are specified in the following new text end 63.33 new text begin subdivisions. new text end 64.1 new text begin The commissioner must present the agency's new text end 64.2 new text begin biennial budget for fiscal years 2018 and new text end 64.3 new text begin 2019 to the legislature in a transparent way new text end 64.4 new text begin by agency division, including the proposed new text end 64.5 new text begin budget bill and presentations of the budget to new text end 64.6 new text begin committees and divisions with jurisdiction new text end 64.7 new text begin over the agency's budget. new text end 64.8 new text begin Subd. 2. new text end new text begin Water new text end new text begin 26,388,000 new text end new text begin 26,081,000 new text end 64.9 new text begin Appropriations by Fund new text end 64.10 new text begin 2016 new text end new text begin 2017 new text end 64.11 new text begin General new text end new text begin 4,307,000 new text end new text begin 3,627,000 new text end 64.12 64.13 new text begin State Government new text end new text begin Special Revenue new text end new text begin 75,000 new text end new text begin 75,000 new text end 64.14 new text begin Environmental new text end new text begin 22,006,000 new text end new text begin 22,379,000 new text end 64.15 new text begin $1,959,000 the first year and $1,959,000 new text end 64.16 new text begin the second year are for grants to delegated new text end 64.17 new text begin counties to administer the county feedlot new text end 64.18 new text begin program under Minnesota Statutes, section new text end 64.19 new text begin 116.0711, subdivisions 2 and 3. Money new text end 64.20 new text begin remaining after the first year is available for new text end 64.21 new text begin the second year. new text end 64.22 new text begin $753,000 the first year and $765,000 the new text end 64.23 new text begin second year are from the environmental new text end 64.24 new text begin fund to address the need for continued new text end 64.25 new text begin increased activity in the areas of new new text end 64.26 new text begin technology review, technical assistance new text end 64.27 new text begin for local governments, and enforcement new text end 64.28 new text begin under Minnesota Statutes, sections 115.55 new text end 64.29 new text begin to 115.58, and to complete the requirements new text end 64.30 new text begin of Laws 2003, chapter 128, article 1, section new text end 64.31 new text begin 165. new text end 64.32 new text begin $673,000 the first year and $683,000 the new text end 64.33 new text begin second year are from the environmental new text end 64.34 new text begin fund for subsurface sewage treatment new text end 64.35 new text begin system (SSTS) program administration new text end 64.36 new text begin and community technical assistance and new text end 65.1 new text begin education, including grants and technical new text end 65.2 new text begin assistance to communities for water quality new text end 65.3 new text begin protection. Of this amount, $129,000 each new text end 65.4 new text begin year is for assistance to counties through new text end 65.5 new text begin grants for SSTS program administration. new text end 65.6 new text begin A county receiving a grant from this new text end 65.7 new text begin appropriation shall submit the results new text end 65.8 new text begin achieved with the grant to the commissioner new text end 65.9 new text begin as part of its annual SSTS report. Any new text end 65.10 new text begin unexpended balance in the first year does not new text end 65.11 new text begin cancel but is available in the second year. new text end 65.12 new text begin $107,000 the first year and $109,000 the new text end 65.13 new text begin second year are from the environmental fund new text end 65.14 new text begin for registration of wastewater laboratories. new text end 65.15 new text begin $913,000 the first year and $913,000 the new text end 65.16 new text begin second year are from the environmental fund new text end 65.17 new text begin to continue perfluorochemical biomonitoring new text end 65.18 new text begin in eastern metropolitan communities, as new text end 65.19 new text begin recommended by the Environmental Health new text end 65.20 new text begin Tracking and Biomonitoring Advisory Panel, new text end 65.21 new text begin and address other environmental health risks, new text end 65.22 new text begin including air quality. The communities must new text end 65.23 new text begin include Hmong and other immigrant farming new text end 65.24 new text begin communities. Of this amount, up to $677,000 new text end 65.25 new text begin the first year and $677,000 the second year new text end 65.26 new text begin are for transfer to the Department of Health. new text end 65.27 new text begin $250,000 the first year and $250,000 the new text end 65.28 new text begin second year are from the general fund for: new text end 65.29 new text begin (1) a municipal liaison to assist municipalities new text end 65.30 new text begin in implementing and participating in the new text end 65.31 new text begin water quality standards rulemaking process new text end 65.32 new text begin and navigating the NPDES/SDS permitting new text end 65.33 new text begin process; new text end 65.34 new text begin (2) enhanced economic analysis in the new text end 65.35 new text begin water quality standards rulemaking process, new text end 66.1 new text begin including more specific analysis and new text end 66.2 new text begin identification of cost-effective permitting; new text end 66.3 new text begin (3) development of statewide economic new text end 66.4 new text begin analyses and templates to reduce the new text end 66.5 new text begin amount of information and time required for new text end 66.6 new text begin municipalities to apply for variances from new text end 66.7 new text begin water quality standards; and new text end 66.8 new text begin (4) coordinating with the Public Facilities new text end 66.9 new text begin Authority to identify and advocate for new text end 66.10 new text begin the resources needed for municipalities to new text end 66.11 new text begin achieve permit requirements. new text end 66.12 new text begin $500,000 the first year is for independent new text end 66.13 new text begin peer reviews under Minnesota Statutes, new text end 66.14 new text begin section 115.035, and cost analyses of water new text end 66.15 new text begin quality standards and rules. A portion of new text end 66.16 new text begin this appropriation may be transferred to the new text end 66.17 new text begin commissioner of management and budget for new text end 66.18 new text begin water quality standards cost analyses. new text end 66.19 new text begin $200,000 the first year is for a grant to new text end 66.20 new text begin the Red River Basin Commission for new text end 66.21 new text begin development of a water quality strategic plan new text end 66.22 new text begin for the Red River of the North. This is a new text end 66.23 new text begin onetime appropriation and is available until new text end 66.24 new text begin June 30, 2018. The plan must include, but is new text end 66.25 new text begin not limited to, consistency in water quality new text end 66.26 new text begin goals and objectives for the Red River of the new text end 66.27 new text begin North and pollution reduction allocations for new text end 66.28 new text begin both point and nonpoint sources on the Red new text end 66.29 new text begin River of the North and for individual major new text end 66.30 new text begin watersheds tributary to the Red River of the new text end 66.31 new text begin North. The Red River Basin Commission new text end 66.32 new text begin must involve the interests of local, state, and new text end 66.33 new text begin federal government, business and industry, new text end 66.34 new text begin environmental groups, and Red River new text end 66.35 new text begin Basin landowners. The Red River Basin new text end 67.1 new text begin Commission must report progress on the plan new text end 67.2 new text begin to the house of representatives and senate new text end 67.3 new text begin committees and divisions with jurisdiction new text end 67.4 new text begin over environment policy and finance by new text end 67.5 new text begin February 15 in 2016 and 2017, and must new text end 67.6 new text begin submit the completed plan by December 31, new text end 67.7 new text begin 2017. new text end 67.8 new text begin Notwithstanding Minnesota Statutes, section new text end 67.9 new text begin 16A.28, the appropriations encumbered on or new text end 67.10 new text begin before June 30, 2017, as grants or contracts new text end 67.11 new text begin for subsurface sewage treatment systems, new text end 67.12 new text begin surface water and groundwater assessments, new text end 67.13 new text begin total maximum daily loads, storm water, and new text end 67.14 new text begin water quality protection in this subdivision new text end 67.15 new text begin are available until June 30, 2020. new text end 67.16 new text begin Subd. 3. new text end new text begin Air new text end new text begin 15,640,000 new text end new text begin 16,087,000 new text end 67.17 new text begin Appropriations by Fund new text end 67.18 new text begin 2016 new text end new text begin 2017 new text end 67.19 new text begin Environmental new text end new text begin 15,640,000 new text end new text begin 16,087,000 new text end 67.20 new text begin $202,000 the first year and $204,000 the new text end 67.21 new text begin second year are from the environmental fund new text end 67.22 new text begin for a monitoring program under Minnesota new text end 67.23 new text begin Statutes, section 116.454. new text end 67.24 new text begin Up to $150,000 the first year and $150,000 new text end 67.25 new text begin the second year may be transferred from the new text end 67.26 new text begin environmental fund to the small business new text end 67.27 new text begin environmental improvement loan account new text end 67.28 new text begin established in Minnesota Statutes, section new text end 67.29 new text begin 116.993. new text end 67.30 new text begin $340,000 the first year and $346,000 the new text end 67.31 new text begin second year are from the environmental fund new text end 67.32 new text begin for monitoring ambient air for hazardous new text end 67.33 new text begin pollutants. new text end 68.1 new text begin $691,000 the first year and $693,000 the new text end 68.2 new text begin second year are from the environmental fund new text end 68.3 new text begin for emission reduction activities and grants to new text end 68.4 new text begin small businesses and other nonpoint emission new text end 68.5 new text begin reduction efforts. Of this amount, $100,000 new text end 68.6 new text begin the first year and $100,000 the second year is new text end 68.7 new text begin to continue work with Clean Air Minnesota, new text end 68.8 new text begin and the commissioner may enter into an new text end 68.9 new text begin agreement with Environmental Initiative new text end 68.10 new text begin to support this effort. Any unexpended new text end 68.11 new text begin balance in the first year does not cancel but is new text end 68.12 new text begin available in the second year. new text end 68.13 new text begin Subd. 4. new text end new text begin Land new text end new text begin 21,663,000 new text end new text begin 18,584,000 new text end 68.14 new text begin Appropriations by Fund new text end 68.15 new text begin 2016 new text end new text begin 2017 new text end 68.16 new text begin Environmental new text end new text begin 7,031,000 new text end new text begin 7,150,000 new text end 68.17 new text begin Remediation new text end new text begin 14,632,000 new text end new text begin 11,434,000 new text end 68.18 new text begin All money for environmental response, new text end 68.19 new text begin compensation, and compliance in the new text end 68.20 new text begin remediation fund not otherwise appropriated new text end 68.21 new text begin is appropriated to the commissioners of the new text end 68.22 new text begin Pollution Control Agency and agriculture new text end 68.23 new text begin for purposes of Minnesota Statutes, section new text end 68.24 new text begin 115B.20, subdivision 2, clauses (1), (2), new text end 68.25 new text begin (3), (6), and (7). At the beginning of each new text end 68.26 new text begin fiscal year, the two commissioners shall new text end 68.27 new text begin jointly submit an annual spending plan new text end 68.28 new text begin to the commissioner of management and new text end 68.29 new text begin budget that maximizes the utilization of new text end 68.30 new text begin resources and appropriately allocates the new text end 68.31 new text begin money between the two departments. This new text end 68.32 new text begin appropriation is available until June 30, 2017. new text end 68.33 new text begin $4,279,000 the first year and $4,343,000 the new text end 68.34 new text begin second year are from the remediation fund new text end 68.35 new text begin for purposes of the leaking underground new text end 69.1 new text begin storage tank program to investigate, clean up, new text end 69.2 new text begin and prevent future releases from underground new text end 69.3 new text begin petroleum storage tanks, and to the petroleum new text end 69.4 new text begin remediation program for purposes of vapor new text end 69.5 new text begin assessment and remediation. These same new text end 69.6 new text begin annual amounts are transferred from the new text end 69.7 new text begin petroleum tank fund to the remediation fund. new text end 69.8 new text begin $252,000 the first year and $252,000 the new text end 69.9 new text begin second year are from the remediation fund new text end 69.10 new text begin for transfer to the commissioner of health for new text end 69.11 new text begin private water supply monitoring and health new text end 69.12 new text begin assessment costs in areas contaminated new text end 69.13 new text begin by unpermitted mixed municipal solid new text end 69.14 new text begin waste disposal facilities and drinking water new text end 69.15 new text begin advisories and public information activities new text end 69.16 new text begin for areas contaminated by hazardous releases. new text end 69.17 new text begin $743,000 the first year is transferred from the new text end 69.18 new text begin general account in the remediation fund to new text end 69.19 new text begin the dry cleaner environmental response and new text end 69.20 new text begin reimbursement account in the remediation new text end 69.21 new text begin fund for the purpose of remediating new text end 69.22 new text begin land contaminated by a release from a new text end 69.23 new text begin dry cleaning facility, as provided under new text end 69.24 new text begin Minnesota Statutes, section 115B.50. The new text end 69.25 new text begin commissioner shall prioritize expenditures new text end 69.26 new text begin from this transfer to address contaminated new text end 69.27 new text begin sites that pose the greatest risk to public new text end 69.28 new text begin health or welfare or to the environment, as new text end 69.29 new text begin established in Minnesota Statutes, section new text end 69.30 new text begin 115B.17, subdivision 13. This is a onetime new text end 69.31 new text begin transfer. The commissioner shall reimburse new text end 69.32 new text begin only a person who otherwise would not be new text end 69.33 new text begin responsible for a release or threatened release new text end 69.34 new text begin under Minnesota Statutes, section 115B.03, new text end 69.35 new text begin for all but $10,000 of the environmental new text end 69.36 new text begin response costs incurred by the person if the new text end 70.1 new text begin commissioner determines that the costs are new text end 70.2 new text begin reasonable and were actually incurred. To be new text end 70.3 new text begin eligible for reimbursement from this transfer, new text end 70.4 new text begin a person seeking reimbursement must make new text end 70.5 new text begin a request to the commissioner, as required new text end 70.6 new text begin under Minnesota Statutes, section 115B.50, new text end 70.7 new text begin subdivision 2, on or before the day following new text end 70.8 new text begin final enactment of this act. new text end 70.9 new text begin $868,000 the first year is from the remediation new text end 70.10 new text begin fund for a grant to the city of Mountain Iron new text end 70.11 new text begin for remediation of the abandoned wastewater new text end 70.12 new text begin treatment pond of the former Nichols new text end 70.13 new text begin Township. This is a onetime appropriation new text end 70.14 new text begin that is available until June 30, 2019. new text end 70.15 70.16 new text begin Subd. 5. new text end new text begin Environmental Assistance and new text end new text begin Cross-Media new text end new text begin 30,891,000 new text end new text begin 31,032,000 new text end 70.17 new text begin Appropriations by Fund new text end 70.18 new text begin 2016 new text end new text begin 2017 new text end 70.19 new text begin Environmental new text end new text begin 28,803,000 new text end new text begin 28,932,000 new text end 70.20 new text begin General new text end new text begin 2,088,000 new text end new text begin 2,100,000 new text end 70.21 new text begin $17,250,000 the first year and $17,250,000 new text end 70.22 new text begin the second year are from the environmental new text end 70.23 new text begin fund for SCORE block grants to counties. new text end 70.24 new text begin $119,000 the first year and $119,000 the new text end 70.25 new text begin second year are from the environmental new text end 70.26 new text begin fund for environmental assistance grants new text end 70.27 new text begin or loans under Minnesota Statutes, section new text end 70.28 new text begin 115A.0716. Any unencumbered grant and new text end 70.29 new text begin loan balances in the first year do not cancel new text end 70.30 new text begin but are available for grants and loans in the new text end 70.31 new text begin second year. new text end 70.32 new text begin $90,000 the first year and $90,000 the new text end 70.33 new text begin second year are from the environmental fund new text end 70.34 new text begin for duties related to harmful chemicals in new text end 70.35 new text begin products under Minnesota Statutes, sections new text end 71.1 new text begin 116.9401 to 116.9407. Of this amount, new text end 71.2 new text begin $57,000 each year is transferred to the new text end 71.3 new text begin commissioner of health. new text end 71.4 new text begin $203,000 the first year and $207,000 the new text end 71.5 new text begin second year are from the environmental new text end 71.6 new text begin fund for the costs of implementing general new text end 71.7 new text begin operating permits for feedlots over 1,000 new text end 71.8 new text begin animal units. new text end 71.9 new text begin $315,000 the first year and $319,000 the new text end 71.10 new text begin second year are from the general fund and new text end 71.11 new text begin $192,000 the first year and $192,000 the new text end 71.12 new text begin second year are from the environmental fund new text end 71.13 new text begin for Environmental Quality Board operations new text end 71.14 new text begin and support. new text end 71.15 new text begin $50,000 the first year and $50,000 the second new text end 71.16 new text begin year are from the environmental fund for new text end 71.17 new text begin transfer to the Office of Administrative new text end 71.18 new text begin Hearings to establish sanitary districts. new text end 71.19 new text begin $502,000 the first year and $503,000 the new text end 71.20 new text begin second year are from the general fund for new text end 71.21 new text begin the Environmental Quality Board to lead new text end 71.22 new text begin an interagency team to provide technical new text end 71.23 new text begin assistance regarding the mining, processing, new text end 71.24 new text begin and transporting of silica sand. Of this new text end 71.25 new text begin amount, up to $75,000 each year may be new text end 71.26 new text begin transferred to the commissioner of natural new text end 71.27 new text begin resources to review the implementation new text end 71.28 new text begin of the rules adopted by the commissioner new text end 71.29 new text begin pursuant to Laws 2013, ‎chapter 114, article 4, new text end 71.30 new text begin section 105, paragraph (b), pertaining to the new text end 71.31 new text begin reclamation of silica sand mines, to ensure new text end 71.32 new text begin that local government reclamation programs new text end 71.33 new text begin are implemented in a manner consistent with new text end 71.34 new text begin the rules. new text end 72.1 new text begin $450,000 the first year and $450,000 the new text end 72.2 new text begin second year are from the environmental new text end 72.3 new text begin fund to develop and maintain systems to new text end 72.4 new text begin support permitting and regulatory business new text end 72.5 new text begin processes and agency data. This is a onetime new text end 72.6 new text begin appropriation. new text end 72.7 new text begin $1,000,000 the first year and $1,000,000 the new text end 72.8 new text begin second year are for competitive recycling new text end 72.9 new text begin grants under Minnesota Statutes, section new text end 72.10 new text begin 115A.565. This appropriation is available new text end 72.11 new text begin until June 30, 2018. new text end 72.12 new text begin $50,000 the first year and $50,000 the second new text end 72.13 new text begin year are to acquire and co-locate waste and new text end 72.14 new text begin recycling receptacles, in cooperation with new text end 72.15 new text begin the commissioner of administration, at the new text end 72.16 new text begin State Office Building. Any remaining funds new text end 72.17 new text begin may be used for these purposes at other new text end 72.18 new text begin facilities within the Capitol complex. This is new text end 72.19 new text begin a onetime appropriation. new text end 72.20 new text begin All money deposited in the environmental new text end 72.21 new text begin fund for the metropolitan solid waste new text end 72.22 new text begin landfill fee in accordance with Minnesota new text end 72.23 new text begin Statutes, section 473.843, and not otherwise new text end 72.24 new text begin appropriated, is appropriated for the purposes new text end 72.25 new text begin of Minnesota Statutes, section 473.844. new text end 72.26 new text begin Notwithstanding Minnesota Statutes, section new text end 72.27 new text begin 16A.28, the appropriations encumbered on new text end 72.28 new text begin or before June 30, 2017, as contracts or new text end 72.29 new text begin grants for surface water and groundwater new text end 72.30 new text begin assessments; environmental assistance new text end 72.31 new text begin awarded under Minnesota Statutes, section new text end 72.32 new text begin 115A.0716; technical and research assistance new text end 72.33 new text begin under Minnesota Statutes, section 115A.152; new text end 72.34 new text begin technical assistance under Minnesota new text end 72.35 new text begin Statutes, section 115A.52; and pollution new text end 73.1 new text begin prevention assistance under Minnesota new text end 73.2 new text begin Statutes, section 115D.04, are available until new text end 73.3 new text begin June 30, 2019. new text end 73.4 new text begin Subd. 6. new text end new text begin Transfers new text end 73.5 new text begin By June 30, 2016, the commissioner of new text end 73.6 new text begin management and budget shall transfer new text end 73.7 new text begin $51,308,000 from the closed landfill new text end 73.8 new text begin investment fund to the general fund. new text end 73.9 new text begin The commissioner of the Pollution Control new text end 73.10 new text begin Agency shall transfer $8,100,000 in new text end 73.11 new text begin fiscal year 2016 from the metropolitan new text end 73.12 new text begin landfill contingency action trust account in new text end 73.13 new text begin Minnesota Statutes, section 473.845, to the new text end 73.14 new text begin commissioner of management and budget for new text end 73.15 new text begin cancellation to the general fund. new text end 73.16 new text begin Subd. 7. new text end new text begin Remediation Fund new text end 73.17 new text begin The commissioner shall transfer up to new text end 73.18 new text begin $42,000,000 from the environmental fund to new text end 73.19 new text begin the remediation fund for the purposes of the new text end 73.20 new text begin remediation fund under Minnesota Statutes, new text end 73.21 new text begin section 116.155, subdivision 2. new text end 73.22 new text begin $2,500,000 is transferred from the petroleum new text end 73.23 new text begin tank fund to the remediation fund and new text end 73.24 new text begin is appropriated in the first year to the new text end 73.25 new text begin commissioner for a grant to the city of new text end 73.26 new text begin Paynesville to add an air stripping treatment new text end 73.27 new text begin process to a water treatment plant for new text end 73.28 new text begin removal of volatile organic compounds. This new text end 73.29 new text begin appropriation is effective January 1, 2016. new text end 73.30 Sec. 3. new text begin NATURAL RESOURCES new text end 73.31 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 263,944,000 new text end new text begin $ new text end new text begin 261,979,000 new text end 73.32 new text begin Appropriations by Fund new text end 73.33 new text begin 2016 new text end new text begin 2017 new text end 74.1 new text begin General new text end new text begin 75,331,000 new text end new text begin 74,062,000 new text end 74.2 new text begin Natural Resources new text end new text begin 84,927,000 new text end new text begin 85,603,000 new text end 74.3 new text begin Game and Fish new text end new text begin 102,386,000 new text end new text begin 102,014,000 new text end 74.4 new text begin Remediation new text end new text begin 1,100,000 new text end new text begin 100,000 new text end 74.5 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end 74.6 new text begin The amounts that may be spent for each new text end 74.7 new text begin purpose are specified in the following new text end 74.8 new text begin subdivisions. new text end 74.9 74.10 new text begin Subd. 2. new text end new text begin Land and Mineral Resources new text end new text begin Management new text end new text begin 6,461,000 new text end new text begin 5,521,000 new text end 74.11 new text begin Appropriations by Fund new text end 74.12 new text begin 2016 new text end new text begin 2017 new text end 74.13 new text begin General new text end new text begin 1,585,000 new text end new text begin 1,585,000 new text end 74.14 new text begin Natural Resources new text end new text begin 3,332,000 new text end new text begin 3,392,000 new text end 74.15 new text begin Game and Fish new text end new text begin 344,000 new text end new text begin 344,000 new text end 74.16 new text begin Remediation new text end new text begin 1,000,000 new text end new text begin -0- new text end 74.17 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end 74.18 new text begin $68,000 the first year and $68,000 the new text end 74.19 new text begin second year are for minerals cooperative new text end 74.20 new text begin environmental research, of which $34,000 new text end 74.21 new text begin the first year and $34,000 the second year are new text end 74.22 new text begin available only as matched by $1 of nonstate new text end 74.23 new text begin money for each $1 of state money. The new text end 74.24 new text begin match may be cash or in-kind. new text end 74.25 new text begin $251,000 the first year and $251,000 the new text end 74.26 new text begin second year are for iron ore cooperative new text end 74.27 new text begin research. Of this amount, $200,000 each year new text end 74.28 new text begin is from the minerals management account new text end 74.29 new text begin in the natural resources fund. $175,000 the new text end 74.30 new text begin first year and $175,000 the second year are new text end 74.31 new text begin available only as matched by $1 of nonstate new text end 74.32 new text begin money for each $1 of state money. The match new text end 74.33 new text begin may be cash or in-kind. Any unencumbered new text end 74.34 new text begin balance from the first year does not cancel new text end 74.35 new text begin and is available in the second year. new text end 75.1 new text begin $2,755,000 the first year and $2,815,000 new text end 75.2 new text begin the second year are from the minerals new text end 75.3 new text begin management account in the natural resources new text end 75.4 new text begin fund for use as provided in Minnesota new text end 75.5 new text begin Statutes, section 93.2236, paragraph (c), new text end 75.6 new text begin for mineral resource management, projects new text end 75.7 new text begin to enhance future mineral income, and new text end 75.8 new text begin projects to promote new mineral resource new text end 75.9 new text begin opportunities. new text end 75.10 new text begin $200,000 the first year and $200,000 the new text end 75.11 new text begin second year are from the state forest suspense new text end 75.12 new text begin account in the permanent school fund to new text end 75.13 new text begin accelerate land exchanges, land sales, and new text end 75.14 new text begin commercial leasing of school trust lands and new text end 75.15 new text begin to identify, evaluate, and lease construction new text end 75.16 new text begin aggregate located on school trust lands. This new text end 75.17 new text begin appropriation is to be used for securing new text end 75.18 new text begin long-term economic return from the new text end 75.19 new text begin school trust lands consistent with fiduciary new text end 75.20 new text begin responsibilities and sound natural resources new text end 75.21 new text begin conservation and management principles. new text end 75.22 new text begin Notwithstanding Minnesota Statutes, section new text end 75.23 new text begin 115B.20, $1,000,000 the first year is from new text end 75.24 new text begin the dedicated account within the remediation new text end 75.25 new text begin fund for the purposes of Minnesota Statutes, new text end 75.26 new text begin section 115B.20, subdivision 2, clause (4), new text end 75.27 new text begin to acquire salt lands as described under new text end 75.28 new text begin Minnesota Statutes, section 92.05, within new text end 75.29 new text begin Bear Head Lake State Park. This is a onetime new text end 75.30 new text begin appropriation and is available until June 30, new text end 75.31 new text begin 2018. new text end 75.32 new text begin Subd. 3. new text end new text begin Ecological and Water Resources new text end new text begin 32,414,000 new text end new text begin 32,167,000 new text end 75.33 new text begin Appropriations by Fund new text end 75.34 new text begin 2016 new text end new text begin 2017 new text end 75.35 new text begin General new text end new text begin 17,526,000 new text end new text begin 17,110,000 new text end 76.1 new text begin Natural Resources new text end new text begin 10,502,000 new text end new text begin 10,576,000 new text end 76.2 new text begin Game and Fish new text end new text begin 4,386,000 new text end new text begin 4,481,000 new text end 76.3 new text begin $3,242,000 the first year and $3,242,000 the new text end 76.4 new text begin second year are from the invasive species new text end 76.5 new text begin account in the natural resources fund and new text end 76.6 new text begin $3,206,000 the first year and $3,206,000 the new text end 76.7 new text begin second year are from the general fund for new text end 76.8 new text begin management, public awareness, assessment new text end 76.9 new text begin and monitoring research, and water access new text end 76.10 new text begin inspection to prevent the spread of invasive new text end 76.11 new text begin species; management of invasive plants in new text end 76.12 new text begin public waters; and management of terrestrial new text end 76.13 new text begin invasive species on state-administered lands. new text end 76.14 new text begin $5,000,000 the first year and $5,000,000 the new text end 76.15 new text begin second year are from the water management new text end 76.16 new text begin account in the natural resources fund for only new text end 76.17 new text begin the purposes specified in Minnesota Statutes, new text end 76.18 new text begin section 103G.27, subdivision 2. new text end 76.19 new text begin $124,000 the first year and $124,000 the new text end 76.20 new text begin second year are for a grant to the Mississippi new text end 76.21 new text begin Headwaters Board for up to 50 percent of new text end 76.22 new text begin the cost of implementing the comprehensive new text end 76.23 new text begin plan for the upper Mississippi within areas new text end 76.24 new text begin under the board's jurisdiction. new text end 76.25 new text begin $10,000 the first year and $10,000 the second new text end 76.26 new text begin year are for payment to the Leech Lake Band new text end 76.27 new text begin of Chippewa Indians to implement the band's new text end 76.28 new text begin portion of the comprehensive plan for the new text end 76.29 new text begin upper Mississippi. new text end 76.30 new text begin $264,000 the first year and $264,000 the new text end 76.31 new text begin second year are for grants for up to 50 new text end 76.32 new text begin percent of the cost of implementation of the new text end 76.33 new text begin Red River mediation agreement. new text end 77.1 new text begin $2,018,000 the first year and $2,018,000 new text end 77.2 new text begin the second year are from the heritage new text end 77.3 new text begin enhancement account in the game and new text end 77.4 new text begin fish fund for only the purposes specified new text end 77.5 new text begin in Minnesota Statutes, section 297A.94, new text end 77.6 new text begin paragraph (e), clause (1). new text end 77.7 new text begin $950,000 the first year and $950,000 the new text end 77.8 new text begin second year are from the nongame wildlife new text end 77.9 new text begin management account in the natural resources new text end 77.10 new text begin fund for the purpose of nongame wildlife new text end 77.11 new text begin management. Notwithstanding Minnesota new text end 77.12 new text begin Statutes, section 290.431, $100,000 the first new text end 77.13 new text begin year and $100,000 the second year may new text end 77.14 new text begin be used for nongame wildlife information, new text end 77.15 new text begin education, and promotion. new text end 77.16 new text begin $6,000,000 the first year and $6,000,000 the new text end 77.17 new text begin second year are from the general fund for the new text end 77.18 new text begin following activities: new text end 77.19 new text begin (1) financial reimbursement and technical new text end 77.20 new text begin support to soil and water conservation new text end 77.21 new text begin districts or other local units of government new text end 77.22 new text begin for groundwater level monitoring; new text end 77.23 new text begin (2) surface water monitoring and analysis, new text end 77.24 new text begin including installation of monitoring gauges; new text end 77.25 new text begin (3) groundwater analysis to assist with water new text end 77.26 new text begin appropriation permitting decisions; new text end 77.27 new text begin (4) permit application review incorporating new text end 77.28 new text begin surface water and groundwater technical new text end 77.29 new text begin analysis; new text end 77.30 new text begin (5) precipitation data and analysis to improve new text end 77.31 new text begin the use of irrigation; new text end 77.32 new text begin (6) information technology, including new text end 77.33 new text begin electronic permitting and integrated data new text end 77.34 new text begin systems; and new text end 78.1 new text begin (7) compliance and monitoring. new text end 78.2 new text begin $10,000 the first year and $64,000 the new text end 78.3 new text begin second year are to study, in cooperation new text end 78.4 new text begin with the Board of Water and Soil Resources, new text end 78.5 new text begin the feasibility of the state assuming new text end 78.6 new text begin administration of the section 404 permit new text end 78.7 new text begin program of the federal Clean Water Act new text end 78.8 new text begin as required in this act. This is a onetime new text end 78.9 new text begin appropriation. new text end 78.10 new text begin $100,000 the first year is to develop new text end 78.11 new text begin cost estimates, in cooperation with the new text end 78.12 new text begin Metropolitan Council, for the augmentation new text end 78.13 new text begin of White Bear Lake with water from new text end 78.14 new text begin the Sucker Lake chain of lakes. The new text end 78.15 new text begin commissioner must submit a report with new text end 78.16 new text begin the cost estimates developed under this new text end 78.17 new text begin paragraph to the chairs and ranking minority new text end 78.18 new text begin members of the house of representatives new text end 78.19 new text begin and senate committees and divisions with new text end 78.20 new text begin jurisdiction over environment and natural new text end 78.21 new text begin resources policy and finance by February 1, new text end 78.22 new text begin 2016. This is a onetime appropriation. new text end 78.23 new text begin The commissioner of natural resources must new text end 78.24 new text begin create a groundwater model that uses existing new text end 78.25 new text begin data for the Bonanza Valley Groundwater new text end 78.26 new text begin Management Area to describe the current new text end 78.27 new text begin groundwater conditions and characterize the new text end 78.28 new text begin nature and extent of the primary aquifers new text end 78.29 new text begin and the relationship of surface water and new text end 78.30 new text begin groundwater. new text end 78.31 new text begin $400,000 the first year is for grants to assist new text end 78.32 new text begin in the construction of flood protection rural new text end 78.33 new text begin and farmstead ring levees in the Red River new text end 78.34 new text begin watershed. Grants may not exceed 50 percent new text end 78.35 new text begin of the cost of the projects. This is a onetime new text end 79.1 new text begin appropriation and is available until June 30, new text end 79.2 new text begin 2019. new text end 79.3 new text begin $75,000 is for a grant to the city of Virginia new text end 79.4 new text begin for erosion control on the northeast side of new text end 79.5 new text begin Silver Lake to protect public and private new text end 79.6 new text begin property and infrastructure. new text end 79.7 new text begin Subd. 4. new text end new text begin Forest Management new text end new text begin 39,614,000 new text end new text begin 39,781,000 new text end 79.8 new text begin Appropriations by Fund new text end 79.9 new text begin 2016 new text end new text begin 2017 new text end 79.10 new text begin General new text end new text begin 26,446,000 new text end new text begin 26,350,000 new text end 79.11 new text begin Natural Resources new text end new text begin 11,881,000 new text end new text begin 12,144,000 new text end 79.12 new text begin Game and Fish new text end new text begin 1,287,000 new text end new text begin 1,287,000 new text end 79.13 new text begin $7,145,000 the first year and $7,145,000 new text end 79.14 new text begin the second year are for prevention, new text end 79.15 new text begin presuppression, and suppression costs of new text end 79.16 new text begin emergency firefighting and other costs new text end 79.17 new text begin incurred under Minnesota Statutes, section new text end 79.18 new text begin 88.12. The amount necessary to pay for new text end 79.19 new text begin presuppression and suppression costs during new text end 79.20 new text begin the biennium is appropriated from the general new text end 79.21 new text begin fund. new text end 79.22 new text begin By January 15 of each year, the commissioner new text end 79.23 new text begin of natural resources shall submit a report to new text end 79.24 new text begin the chairs and ranking minority members new text end 79.25 new text begin of the house and senate committees new text end 79.26 new text begin and divisions having jurisdiction over new text end 79.27 new text begin environment and natural resources finance, new text end 79.28 new text begin identifying all firefighting costs incurred new text end 79.29 new text begin and reimbursements received in the prior new text end 79.30 new text begin fiscal year. These appropriations may new text end 79.31 new text begin not be transferred. Any reimbursement new text end 79.32 new text begin of firefighting expenditures made to the new text end 79.33 new text begin commissioner from any source other than new text end 79.34 new text begin federal mobilizations shall be deposited into new text end 79.35 new text begin the general fund. new text end 80.1 new text begin $11,881,000 the first year and $12,144,000 new text end 80.2 new text begin the second year are from the forest new text end 80.3 new text begin management investment account in the new text end 80.4 new text begin natural resources fund for only the purposes new text end 80.5 new text begin specified in Minnesota Statutes, section new text end 80.6 new text begin 89.039, subdivision 2. The base for fiscal new text end 80.7 new text begin year 2018 and later is $11,644,000. new text end 80.8 new text begin $1,287,000 the first year and $1,287,000 new text end 80.9 new text begin the second year are from the heritage new text end 80.10 new text begin enhancement account in the game and fish new text end 80.11 new text begin fund to advance ecological classification new text end 80.12 new text begin systems (ECS) scientific management tools new text end 80.13 new text begin for forest and invasive species management. new text end 80.14 new text begin This appropriation is from revenue deposited new text end 80.15 new text begin in the game and fish fund under Minnesota new text end 80.16 new text begin Statutes, section 297A.94, paragraph (e), new text end 80.17 new text begin clause (1). new text end 80.18 new text begin $780,000 the first year and $780,000 the new text end 80.19 new text begin second year are for the Forest Resources new text end 80.20 new text begin Council for implementation of the new text end 80.21 new text begin Sustainable Forest Resources Act. new text end 80.22 new text begin $250,000 the first year and $250,000 the new text end 80.23 new text begin second year are for the FORIST system. new text end 80.24 new text begin At least $500,000 the first year is for forest new text end 80.25 new text begin road maintenance. The commissioner new text end 80.26 new text begin shall use the money to perform needed new text end 80.27 new text begin maintenance on forest roads in conjunction new text end 80.28 new text begin with timber sales. new text end 80.29 new text begin The commissioner shall contract with a new text end 80.30 new text begin telecommunication provider to place a cell new text end 80.31 new text begin phone transmitter on the ranger tower on new text end 80.32 new text begin Side Lake in St. Louis County. new text end 80.33 new text begin Subd. 5. new text end new text begin Parks and Trails Management new text end new text begin 74,064,000 new text end new text begin 73,650,000 new text end 81.1 new text begin Appropriations by Fund new text end 81.2 new text begin 2016 new text end new text begin 2017 new text end 81.3 new text begin General new text end new text begin 24,967,000 new text end new text begin 24,427,000 new text end 81.4 new text begin Natural Resources new text end new text begin 46,831,000 new text end new text begin 46,950,000 new text end 81.5 new text begin Game and Fish new text end new text begin 2,266,000 new text end new text begin 2,273,000 new text end 81.6 new text begin $1,075,000 the first year and $1,075,000 the new text end 81.7 new text begin second year are from the water recreation new text end 81.8 new text begin account in the natural resources fund for new text end 81.9 new text begin enhancing public water access facilities. new text end 81.10 new text begin $5,740,000 the first year and $5,740,000 the new text end 81.11 new text begin second year are from the natural resources new text end 81.12 new text begin fund for state trail, park, and recreation area new text end 81.13 new text begin operations. This appropriation is from the new text end 81.14 new text begin revenue deposited in the natural resources new text end 81.15 new text begin fund under Minnesota Statutes, section new text end 81.16 new text begin 297A.94, paragraph (e), clause (2). new text end 81.17 new text begin $1,005,000 the first year and $1,005,000 the new text end 81.18 new text begin second year are from the natural resources new text end 81.19 new text begin fund for park and trail grants to local units of new text end 81.20 new text begin government on land to be maintained for at new text end 81.21 new text begin least 20 years for the purposes of the grants. new text end 81.22 new text begin This appropriation is from the revenue new text end 81.23 new text begin deposited in the natural resources fund new text end 81.24 new text begin under Minnesota Statutes, section 297A.94, new text end 81.25 new text begin paragraph (e), clause (4). Any unencumbered new text end 81.26 new text begin balance does not cancel at the end of the first new text end 81.27 new text begin year and is available for the second year. new text end 81.28 new text begin $8,424,000 the first year and $8,424,000 new text end 81.29 new text begin the second year are from the snowmobile new text end 81.30 new text begin trails and enforcement account in the new text end 81.31 new text begin natural resources fund for the snowmobile new text end 81.32 new text begin grants-in-aid program. Any unencumbered new text end 81.33 new text begin balance does not cancel at the end of the first new text end 81.34 new text begin year and is available for the second year. new text end 82.1 new text begin $1,360,000 the first year and $1,360,000 new text end 82.2 new text begin the second year are from the natural new text end 82.3 new text begin resources fund for the off-highway vehicle new text end 82.4 new text begin grants-in-aid program. Of this amount, new text end 82.5 new text begin $1,210,000 each year is from the all-terrain new text end 82.6 new text begin vehicle account; and $150,000 each year is new text end 82.7 new text begin from the off-highway motorcycle account. new text end 82.8 new text begin Any unencumbered balance does not cancel new text end 82.9 new text begin at the end of the first year and is available for new text end 82.10 new text begin the second year. new text end 82.11 new text begin $75,000 the first year and $75,000 the second new text end 82.12 new text begin year are from the cross-country ski account new text end 82.13 new text begin in the natural resources fund for grooming new text end 82.14 new text begin and maintaining cross-country ski trails in new text end 82.15 new text begin state parks, trails, and recreation areas. new text end 82.16 new text begin $250,000 the first year and $250,000 the new text end 82.17 new text begin second year are from the state land and new text end 82.18 new text begin water conservation account (LAWCON) new text end 82.19 new text begin in the natural resources fund for priorities new text end 82.20 new text begin established by the commissioner for eligible new text end 82.21 new text begin state projects and administrative and new text end 82.22 new text begin planning activities consistent with Minnesota new text end 82.23 new text begin Statutes, section 84.0264, and the federal new text end 82.24 new text begin Land and Water Conservation Fund Act. new text end 82.25 new text begin Any unencumbered balance does not cancel new text end 82.26 new text begin at the end of the first year and is available for new text end 82.27 new text begin the second year. new text end 82.28 new text begin $968,000 the first year and $968,000 the new text end 82.29 new text begin second year are from the off-road vehicle new text end 82.30 new text begin account in the natural resources fund. Of new text end 82.31 new text begin this amount, $568,000 each year is for parks new text end 82.32 new text begin and trails management for off-road vehicle new text end 82.33 new text begin purposes; $325,000 each year is for the new text end 82.34 new text begin off-road vehicle grant in aid program; and new text end 82.35 new text begin $75,000 each year is for a new full-time new text end 83.1 new text begin employee position or contract in northern new text end 83.2 new text begin Minnesota to work in conjunction with the new text end 83.3 new text begin Minnesota Four-Wheel Drive Association new text end 83.4 new text begin to address off-road vehicle touring routes new text end 83.5 new text begin and other issues related to off-road vehicle new text end 83.6 new text begin activities. Of this appropriation, the $325,000 new text end 83.7 new text begin each year is onetime. new text end 83.8 new text begin $65,000 the first year is from the water new text end 83.9 new text begin recreation account in the natural resources new text end 83.10 new text begin fund to cooperate with local units of new text end 83.11 new text begin government in marking routes and new text end 83.12 new text begin designating river accesses and campsites new text end 83.13 new text begin under Minnesota Statutes, section 85.32. new text end 83.14 new text begin This is a onetime appropriation and is new text end 83.15 new text begin available until June 30, 2019. new text end 83.16 new text begin $190,000 the first year is for a grant to the new text end 83.17 new text begin city of Virginia for the additional cost of new text end 83.18 new text begin supporting a trail due to the rerouting of new text end 83.19 new text begin U.S. Highway No. 53. This is a onetime new text end 83.20 new text begin appropriation and is available until June 30, new text end 83.21 new text begin 2019. new text end 83.22 new text begin $50,000 the first year is for development of new text end 83.23 new text begin a master plan for the Mississippi Blufflands new text end 83.24 new text begin Trail, including work on possible extensions new text end 83.25 new text begin or connections to other state or regional new text end 83.26 new text begin trails. This is a onetime appropriation that is new text end 83.27 new text begin available until June 30, 2017. new text end 83.28 new text begin $61,000 from the natural resources fund the new text end 83.29 new text begin first year is for a grant to the city of East new text end 83.30 new text begin Grand Forks for payment under a reciprocity new text end 83.31 new text begin agreement for the Red River State Recreation new text end 83.32 new text begin Area. new text end 83.33 new text begin $500,000 the first year is for restoration or new text end 83.34 new text begin replacement of a historic trestle bridge in new text end 84.1 new text begin Blackduck. This is a onetime appropriation new text end 84.2 new text begin and is available until June 30, 2019. new text end 84.3 new text begin The base for parks and trails operations in new text end 84.4 new text begin the natural resources fund in fiscal year 2018 new text end 84.5 new text begin and thereafter is $46,450,000. new text end 84.6 new text begin Subd. 6. new text end new text begin Fish and Wildlife Management new text end new text begin 71,177,000 new text end new text begin 71,713,000 new text end 84.7 new text begin Appropriations by Fund new text end 84.8 new text begin 2016 new text end new text begin 2017 new text end 84.9 new text begin Natural Resources new text end new text begin 1,908,000 new text end new text begin 1,912,000 new text end 84.10 new text begin Game and Fish new text end new text begin 69,269,000 new text end new text begin 69,801,000 new text end 84.11 new text begin $8,167,000 the first year and $8,167,000 new text end 84.12 new text begin the second year are from the heritage new text end 84.13 new text begin enhancement account in the game and fish new text end 84.14 new text begin fund only for activities specified in Minnesota new text end 84.15 new text begin Statutes, section 297A.94, paragraph (e), new text end 84.16 new text begin clause (1). Notwithstanding Minnesota new text end 84.17 new text begin Statutes, section 297A.94, five percent of new text end 84.18 new text begin this appropriation may be used for expanding new text end 84.19 new text begin hunter and angler recruitment and retention. new text end 84.20 new text begin $1,000,000 the first year and $1,000,000 new text end 84.21 new text begin the second year are from the game and new text end 84.22 new text begin fish fund for shooting sports facility grants new text end 84.23 new text begin under Minnesota Statutes, section 87A.10, new text end 84.24 new text begin including grants for archery facilities. Up to new text end 84.25 new text begin $100,000 each year is available for shooting new text end 84.26 new text begin sports facilities on state lands. Grants must new text end 84.27 new text begin be matched with a nonstate match, which new text end 84.28 new text begin may include in-kind contributions. This is a new text end 84.29 new text begin onetime appropriation and is available until new text end 84.30 new text begin June 30, 2019. new text end 84.31 new text begin The game and fish fund base for fish and new text end 84.32 new text begin wildlife management in fiscal year 2018 and new text end 84.33 new text begin thereafter is $65,619,000. new text end 85.1 new text begin Notwithstanding Minnesota Statutes, section new text end 85.2 new text begin 84.943, $13,000 the first year and $13,000 new text end 85.3 new text begin the second year from the critical habitat new text end 85.4 new text begin private sector matching account may be used new text end 85.5 new text begin to publicize the critical habitat license plate new text end 85.6 new text begin match program. new text end 85.7 new text begin Subd. 7. new text end new text begin Enforcement new text end new text begin 39,344,000 new text end new text begin 38,377,000 new text end 85.8 new text begin Appropriations by Fund new text end 85.9 new text begin 2016 new text end new text begin 2017 new text end 85.10 new text begin General new text end new text begin 4,257,000 new text end new text begin 4,140,000 new text end 85.11 new text begin Natural Resources new text end new text begin 10,153,000 new text end new text begin 10,309,000 new text end 85.12 new text begin Game and Fish new text end new text begin 24,834,000 new text end new text begin 23,828,000 new text end 85.13 new text begin Remediation new text end new text begin 100,000 new text end new text begin 100,000 new text end 85.14 new text begin $200,000 the first year is from the general new text end 85.15 new text begin fund and $1,900,000 the first year is from the new text end 85.16 new text begin game and fish fund are for aviation services. new text end 85.17 new text begin This appropriation is onetime. new text end 85.18 new text begin $1,718,000 the first year and $1,718,000 the new text end 85.19 new text begin second year are from the general fund for new text end 85.20 new text begin enforcement efforts to prevent the spread of new text end 85.21 new text begin aquatic invasive species. new text end 85.22 new text begin $1,537,000 the first year and $1,580,000 new text end 85.23 new text begin the second year are from the heritage new text end 85.24 new text begin enhancement account in the game and new text end 85.25 new text begin fish fund for only the purposes specified new text end 85.26 new text begin in Minnesota Statutes, section 297A.94, new text end 85.27 new text begin paragraph (e), clause (1). new text end 85.28 new text begin $1,082,000 the first year and $1,082,000 the new text end 85.29 new text begin second year are from the water recreation new text end 85.30 new text begin account in the natural resources fund for new text end 85.31 new text begin grants to counties for boat and water safety. new text end 85.32 new text begin Any unencumbered balance does not cancel new text end 85.33 new text begin at the end of the first year and is available for new text end 85.34 new text begin the second year. new text end 86.1 new text begin $315,000 the first year and $315,000 the new text end 86.2 new text begin second year are from the snowmobile new text end 86.3 new text begin trails and enforcement account in the new text end 86.4 new text begin natural resources fund for grants to local new text end 86.5 new text begin law enforcement agencies for snowmobile new text end 86.6 new text begin enforcement activities. Any unencumbered new text end 86.7 new text begin balance does not cancel at the end of the first new text end 86.8 new text begin year and is available for the second year. new text end 86.9 new text begin $250,000 the first year and $250,000 new text end 86.10 new text begin the second year are from the all-terrain new text end 86.11 new text begin vehicle account for grants to qualifying new text end 86.12 new text begin organizations to assist in safety and new text end 86.13 new text begin environmental education and monitoring new text end 86.14 new text begin trails on public lands under Minnesota new text end 86.15 new text begin Statutes, section 84.9011. Grants issued new text end 86.16 new text begin under this paragraph must be issued through new text end 86.17 new text begin a formal agreement with the organization. new text end 86.18 new text begin By December 15 each year, an organization new text end 86.19 new text begin receiving a grant under this paragraph shall new text end 86.20 new text begin report to the commissioner with details on new text end 86.21 new text begin expenditures and outcomes from the grant. new text end 86.22 new text begin Of this appropriation, $25,000 each year new text end 86.23 new text begin is for administration of these grants. Any new text end 86.24 new text begin unencumbered balance does not cancel at the new text end 86.25 new text begin end of the first year and is available for the new text end 86.26 new text begin second year. new text end 86.27 new text begin $510,000 the first year and $510,000 new text end 86.28 new text begin the second year are from the natural new text end 86.29 new text begin resources fund for grants to county law new text end 86.30 new text begin enforcement agencies for off-highway new text end 86.31 new text begin vehicle enforcement and public education new text end 86.32 new text begin activities based on off-highway vehicle use new text end 86.33 new text begin in the county. Of this amount, $498,000 each new text end 86.34 new text begin year is from the all-terrain vehicle account; new text end 86.35 new text begin $11,000 each year is from the off-highway new text end 86.36 new text begin motorcycle account; and $1,000 each year new text end 87.1 new text begin is from the off-road vehicle account. The new text end 87.2 new text begin county enforcement agencies may use new text end 87.3 new text begin money received under this appropriation new text end 87.4 new text begin to make grants to other local enforcement new text end 87.5 new text begin agencies within the county that have a high new text end 87.6 new text begin concentration of off-highway vehicle use. new text end 87.7 new text begin Of this appropriation, $25,000 each year new text end 87.8 new text begin is for administration of these grants. Any new text end 87.9 new text begin unencumbered balance does not cancel at the new text end 87.10 new text begin end of the first year and is available for the new text end 87.11 new text begin second year. new text end 87.12 new text begin Subd. 8. new text end new text begin Operations Support new text end new text begin 870,000 new text end new text begin 770,000 new text end 87.13 new text begin Appropriations by Fund new text end 87.14 new text begin 2016 new text end new text begin 2017 new text end 87.15 new text begin General new text end new text begin 550,000 new text end new text begin 450,000 new text end 87.16 new text begin Natural Resources new text end new text begin 320,000 new text end new text begin 320,000 new text end 87.17 new text begin $320,000 the first year and $320,000 the new text end 87.18 new text begin second year are from the natural resources new text end 87.19 new text begin fund for grants to be divided equally between new text end 87.20 new text begin the city of St. Paul for the Como Park Zoo new text end 87.21 new text begin and Conservatory and the city of Duluth new text end 87.22 new text begin for the Duluth Zoo. This appropriation new text end 87.23 new text begin is from the revenue deposited to the fund new text end 87.24 new text begin under Minnesota Statutes, section 297A.94, new text end 87.25 new text begin paragraph (e), clause (5). new text end 87.26 new text begin $300,000 the first year and $450,000 the new text end 87.27 new text begin second year are for legal costs related to water new text end 87.28 new text begin management. This is a onetime appropriation new text end 87.29 new text begin and is available until June 30, 2018. new text end 87.30 new text begin With money appropriated in this section, the new text end 87.31 new text begin commissioner shall give preference to call new text end 87.32 new text begin centers located in Minnesota. new text end 87.33 new text begin Subd. 9. new text end new text begin Cancellation new text end 88.1 new text begin The general fund appropriation of $1,000,000 new text end 88.2 new text begin in Laws 2014, chapter 312, article 12, section new text end 88.3 new text begin 6, subdivision 2, is canceled on July 1, 2015. new text end 88.4 88.5 Sec. 4. new text begin BOARD OF WATER AND SOIL new text end new text begin RESOURCES new text end new text begin $ new text end new text begin 13,237,000 new text end new text begin $ new text end new text begin 13,415,000 new text end 88.6 new text begin $3,423,000 the first year and $3,423,000 the new text end 88.7 new text begin second year are for natural resources block new text end 88.8 new text begin grants to local governments. Grants must be new text end 88.9 new text begin matched with a combination of local cash or new text end 88.10 new text begin in-kind contributions. The base grant portion new text end 88.11 new text begin related to water planning must be matched new text end 88.12 new text begin by an amount as specified by Minnesota new text end 88.13 new text begin Statutes, section 103B.3369. The board may new text end 88.14 new text begin reduce the amount of the natural resources new text end 88.15 new text begin block grant to a county by an amount equal to new text end 88.16 new text begin any reduction in the county's general services new text end 88.17 new text begin allocation to a soil and water conservation new text end 88.18 new text begin district from the county's previous year new text end 88.19 new text begin allocation when the board determines that new text end 88.20 new text begin the reduction was disproportionate. new text end 88.21 new text begin $3,116,000 the first year and $3,116,000 the new text end 88.22 new text begin second year are for grants to soil and water new text end 88.23 new text begin conservation districts for general purposes, new text end 88.24 new text begin nonpoint engineering, and implementation of new text end 88.25 new text begin the reinvest in Minnesota reserve program. new text end 88.26 new text begin Expenditures may be made from these new text end 88.27 new text begin appropriations for supplies and services new text end 88.28 new text begin benefiting soil and water conservation new text end 88.29 new text begin districts. Any district receiving a grant under new text end 88.30 new text begin this paragraph shall maintain a Web page that new text end 88.31 new text begin publishes, at a minimum, its annual report, new text end 88.32 new text begin annual audit, annual budget, and meeting new text end 88.33 new text begin notices. new text end 89.1 new text begin $1,560,000 the first year and $1,560,000 the new text end 89.2 new text begin second year are for the following cost-share new text end 89.3 new text begin programs: new text end 89.4 new text begin (1) $260,000 each year is for feedlot water new text end 89.5 new text begin quality grants for feedlots under 300 animal new text end 89.6 new text begin units and nutrient and manure management new text end 89.7 new text begin projects in watersheds where there are new text end 89.8 new text begin impaired waters; new text end 89.9 new text begin (2) $1,200,000 each year is for soil and new text end 89.10 new text begin water conservation district cost-sharing new text end 89.11 new text begin contracts for perennially vegetated riparian new text end 89.12 new text begin buffers, erosion control, water retention new text end 89.13 new text begin and treatment, and other high-priority new text end 89.14 new text begin conservation practices; and new text end 89.15 new text begin (3) $100,000 each year is for county new text end 89.16 new text begin cooperative weed management programs and new text end 89.17 new text begin to restore native plants in selected invasive new text end 89.18 new text begin species management sites. new text end 89.19 new text begin $800,000 the first year and $750,000 new text end 89.20 new text begin the second year are for implementation, new text end 89.21 new text begin enforcement, and oversight of the Wetland new text end 89.22 new text begin Conservation Act, including administration new text end 89.23 new text begin of the wetland banking program and in-lieu new text end 89.24 new text begin fee mechanism. The base for fiscal year 2018 new text end 89.25 new text begin and later is $761,000. new text end 89.26 new text begin $166,000 the first year and $166,000 new text end 89.27 new text begin the second year are to provide technical new text end 89.28 new text begin assistance to local drainage management new text end 89.29 new text begin officials and for the costs of the Drainage new text end 89.30 new text begin Work Group. new text end 89.31 new text begin $100,000 the first year and $100,000 new text end 89.32 new text begin the second year are for a grant to the new text end 89.33 new text begin Red River Basin Commission for water new text end 89.34 new text begin quality and floodplain management, new text end 90.1 new text begin including administration of programs. This new text end 90.2 new text begin appropriation must be matched by nonstate new text end 90.3 new text begin funds. If the appropriation in either year is new text end 90.4 new text begin insufficient, the appropriation in the other new text end 90.5 new text begin year is available for it. new text end 90.6 new text begin $140,000 the first year and $140,000 new text end 90.7 new text begin the second year are for grants to Area new text end 90.8 new text begin II Minnesota River Basin Projects for new text end 90.9 new text begin floodplain management. new text end 90.10 new text begin $8,000 the first year and $262,000 the new text end 90.11 new text begin second year are to study, in cooperation new text end 90.12 new text begin with the commissioner of natural resources, new text end 90.13 new text begin the feasibility of the state assuming new text end 90.14 new text begin administration of the section 404 permit new text end 90.15 new text begin program of the federal Clean Water Act new text end 90.16 new text begin as required in this act. This is a onetime new text end 90.17 new text begin appropriation. new text end 90.18 new text begin Notwithstanding Minnesota Statutes, section new text end 90.19 new text begin 103C.501, the board may shift cost-share new text end 90.20 new text begin funds in this section and may adjust the new text end 90.21 new text begin technical and administrative assistance new text end 90.22 new text begin portion of the grant funds to leverage new text end 90.23 new text begin federal or other nonstate funds or to address new text end 90.24 new text begin high-priority needs identified in local water new text end 90.25 new text begin management plans or comprehensive water new text end 90.26 new text begin management plans. new text end 90.27 new text begin The appropriations for grants in this new text end 90.28 new text begin section are available until expended. If an new text end 90.29 new text begin appropriation for grants in either year is new text end 90.30 new text begin insufficient, the appropriation in the other new text end 90.31 new text begin year is available for it. new text end 90.32 new text begin The base for the board in fiscal year 2018 and new text end 90.33 new text begin thereafter is increased by $11,000,000 for new text end 90.34 new text begin grants to soil and water conservation districts new text end 90.35 new text begin to implement buffer requirements. new text end 91.1 Sec. 5. new text begin METROPOLITAN COUNCIL new text end new text begin $ new text end new text begin 8,740,000 new text end new text begin $ new text end new text begin 8,740,000 new text end 91.2 new text begin Appropriations by Fund new text end 91.3 new text begin 2016 new text end new text begin 2017 new text end 91.4 new text begin General new text end new text begin 3,070,000 new text end new text begin 3,070,000 new text end 91.5 new text begin Natural Resources new text end new text begin 5,670,000 new text end new text begin 5,670,000 new text end 91.6 new text begin $2,870,000 the first year and $2,870,000 the new text end 91.7 new text begin second year are for metropolitan area regional new text end 91.8 new text begin parks operation and maintenance according new text end 91.9 new text begin to Minnesota Statutes, section 473.351. new text end 91.10 new text begin $5,670,000 the first year and $5,670,000 the new text end 91.11 new text begin second year are from the natural resources new text end 91.12 new text begin fund for metropolitan area regional parks new text end 91.13 new text begin and trails maintenance and operations. This new text end 91.14 new text begin appropriation is from the revenue deposited new text end 91.15 new text begin in the natural resources fund under Minnesota new text end 91.16 new text begin Statutes, section 297A.94, paragraph (e), new text end 91.17 new text begin clause (3). new text end 91.18 new text begin $200,000 the first year and $200,000 the new text end 91.19 new text begin second year are for the Metropolitan Area new text end 91.20 new text begin Water Supply Policy Advisory Committee new text end 91.21 new text begin study and the Metropolitan Area Water new text end 91.22 new text begin Supply Technical Advisory Committee new text end 91.23 new text begin required under Minnesota Statutes, section new text end 91.24 new text begin 473.1565. This is a onetime appropriation. new text end 91.25 91.26 Sec. 6. new text begin CONSERVATION CORPS new text end new text begin MINNESOTA new text end new text begin $ new text end new text begin 945,000 new text end new text begin $ new text end new text begin 945,000 new text end 91.27 new text begin Appropriations by Fund new text end 91.28 new text begin 2016 new text end new text begin 2017 new text end 91.29 new text begin General new text end new text begin 455,000 new text end new text begin 455,000 new text end 91.30 new text begin Natural Resources new text end new text begin 490,000 new text end new text begin 490,000 new text end 91.31 new text begin Conservation Corps Minnesota may receive new text end 91.32 new text begin money appropriated from the natural new text end 91.33 new text begin resources fund under this section only new text end 92.1 new text begin as provided in an agreement with the new text end 92.2 new text begin commissioner of natural resources. new text end 92.3 Sec. 7. new text begin ZOOLOGICAL BOARD new text end new text begin $ new text end new text begin 8,410,000 new text end new text begin $ new text end new text begin 8,410,000 new text end 92.4 new text begin Appropriations by Fund new text end 92.5 new text begin 2016 new text end new text begin 2017 new text end 92.6 new text begin General new text end new text begin 8,250,000 new text end new text begin 8,250,000 new text end 92.7 new text begin Natural Resources new text end new text begin 160,000 new text end new text begin 160,000 new text end 92.8 new text begin $160,000 the first year and $160,000 the new text end 92.9 new text begin second year are from the natural resources new text end 92.10 new text begin fund from the revenue deposited under new text end 92.11 new text begin Minnesota Statutes, section 297A.94, new text end 92.12 new text begin paragraph (e), clause (5). new text end 92.13 Sec. 8. new text begin SCIENCE MUSEUM new text end new text begin $ new text end new text begin 1,079,000 new text end new text begin $ new text end new text begin 1,079,000 new text end 92.14 Sec. 9. new text begin ADMINISTRATION new text end new text begin $ new text end new text begin 300,000 new text end new text begin $ new text end new text begin 300,000 new text end 92.15 new text begin $300,000 the first year and $300,000 new text end 92.16 new text begin the second year are from the state forest new text end 92.17 new text begin suspense account in the permanent school new text end 92.18 new text begin fund for the school trust lands director to new text end 92.19 new text begin accelerate land exchanges, land sales, and new text end 92.20 new text begin commercial leasing of school trust lands and new text end 92.21 new text begin to identify, evaluate, and lease construction new text end 92.22 new text begin aggregate located on school trust lands. This new text end 92.23 new text begin appropriation is to be used for securing new text end 92.24 new text begin long-term economic return from the new text end 92.25 new text begin school trust lands consistent with fiduciary new text end 92.26 new text begin responsibilities and sound natural resources new text end 92.27 new text begin conservation and management principles. new text end 92.28 Sec. 10. new text begin REPAYMENT; TRANSFER new text end 92.29 new text begin The commissioner of management and new text end 92.30 new text begin budget shall transfer $19,016,000 in fiscal new text end 92.31 new text begin year 2018 and $19,016,000 in fiscal year new text end 92.32 new text begin 2019 from the general fund to the closed new text end 93.1 new text begin landfill investment fund created in Minnesota new text end 93.2 new text begin Statutes, section 115B.421. new text end 93.3    Sec. 11. Laws 2010, chapter 215, article 3, section 5, subdivision 4, is amended to read: 93.4 Subd. 4.Returned Grants93.5Beginning July 1, 2010, all returned grant 93.6money originating from general fund grant 93.7programs will be deposited into individual 93.8accounts in the special revenue fund and held 93.9for eventual transfer back to the general fund. 93.10On December 15, 2010, and on December 93.1115 of each year thereafter, $310,000 of the 93.12receipts in this special revenue fund will 93.13be transferred to the general fund. If less 93.14than $310,000 is available on the transfer 93.15date, an additional transfer on June 15 93.16sufficient to make the $310,000 annual 93.17obligation will be made new text begin may be used for new text end 93.18 new text begin the purposes of Minnesota Statutes, section new text end 93.19 new text begin 103B.102, for grants to local governments new text end 93.20 new text begin as authorized in Minnesota Statutes, section new text end 93.21 new text begin 103B.3369, or to cover onetime costs for new text end 93.22 new text begin implementation of natural resources block new text end 93.23 new text begin grant funded programs, including the new text end 93.24 new text begin Wetland Conservation Act, wetland banking, new text end 93.25 new text begin shoreland management, and local water new text end 93.26 new text begin management programs new text end . 93.27    Sec. 12. Laws 2014, chapter 312, article 12, section 6, subdivision 5, is amended to read: 93.28 93.29 Subd. 5.Fish and Wildlife Management -0- 2,412,000 93.30$3,000 in 2015 is from the heritage 93.31enhancement account in the game and fish 93.32fund for a report on aquatic plant management 93.33permitting policies for the management 94.1of narrow-leaved and hybrid cattail in a 94.2range of basin types across the state. The 94.3report shall be submitted to the chairs and 94.4ranking minority members of the house of 94.5representatives and senate committees with 94.6jurisdiction over environment and natural 94.7resources by December 15, 2014, and include 94.8recommendations for any necessary changes 94.9in statutes, rules, or permitting procedures. 94.10This is a onetime appropriation. 94.11$9,000 in 2015 is from the game and fish 94.12fund for the commissioner, in consultation 94.13with interested parties, agencies, and other 94.14states, to develop a detailed restoration plan 94.15to recover the historical native population of 94.16bobwhite quail in Minnesota for its ecological 94.17and recreational benefits to the citizens of the 94.18state. The commissioner shall conduct public 94.19meetings in developing the plan. No later 94.20than January 15, 2015, the commissioner 94.21must report on the plan's progress to the 94.22legislative committees with jurisdiction over 94.23environment and natural resources policy 94.24and finance. This is a onetime appropriation. 94.25$2,000,000 in 2015 is from the game and 94.26fish fund for shooting sports facility grants 94.27under Minnesota Statutes, section 87A.10. 94.28 new text begin The commissioner may spend up to $50,000 new text end 94.29 new text begin of this appropriation to administer the grant. new text end 94.30This is a onetime appropriation and is 94.31available until June 30, 2017. 94.32$400,000 in 2015 is from the heritage 94.33enhancement account in the game and fish 94.34fund for new text begin hunter and angler recruitment new text end 94.35 new text begin and retention activities and new text end grants to local 95.1chapters of Let's Go Fishing of Minnesota 95.2to provide community outreach to senior 95.3citizens, youth, and veterans and for the costs 95.4associated with establishing and recruiting 95.5new chapters. The grants must be matched 95.6with cash or in-kind contributions from 95.7nonstate sources. Of this amount, $25,000 95.8is for Asian Outdoor Heritage for youth 95.9fishing recruitment efforts and outreach in 95.10the metropolitan area. The commissioner 95.11shall establish a grant application process 95.12that includes a standard for ownership 95.13of equipment purchased under the grant 95.14program and contract requirements that 95.15cover the disposition of purchased equipment 95.16if the grantee no longer exists. Any 95.17equipment purchased with state grant money 95.18must be specified on the grant application 95.19and approved by the commissioner. The 95.20commissioner may spend up to three percent 95.21of the appropriation to administer the grant. 95.22This is a onetime appropriation and is 95.23available until June 30, 2016. 95.24    Sec. 13. new text begin REPEALER. new text end 95.25 new text begin Laws 2010, chapter 215, article 3, section 3, subdivision 6, as amended by Laws new text end 95.26 new text begin 2010, First Special Session chapter 1, article 6, section 6, Laws 2013, chapter 114, article new text end 95.27 new text begin 3, section 9, new text end new text begin is repealed. new text end 95.28ARTICLE 4 95.29ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES 95.30    Section 1. Minnesota Statutes 2014, section 16C.073, subdivision 2, is amended to read: 95.31    Subd. 2. Purchases; printing. (a) Whenever practicable, a public entity shall: 95.32(1) purchase uncoated new text begin copy paper, new text end office paper new text begin , new text end and printing paper; 96.1(2) purchase recycled content new text begin copy new text end paper with at least ten new text begin 30 new text end percent postconsumer 96.2material by weight new text begin and purchase printing and office paper with at least ten percent new text end 96.3 new text begin postconsumer material by weight new text end ; 96.4(3) purchase new text begin copy, office, and printing new text end paper which has not been dyed with colors, 96.5excluding pastel colors; 96.6(4) purchase recycled content new text begin copy, office, and printing new text end paper that is manufactured 96.7using little or no chlorine bleach or chlorine derivatives; 96.8(5) use no more than two colored inks, standard or processed, except in formats 96.9where they are necessary to convey meaning; 96.10(6) new text begin (5) new text end use reusable binding materials or staples and bind documents by methods 96.11that do not use glue; 96.12(7) new text begin (6) new text end use soy-based inks; 96.13(8) new text begin (7) new text end produce reports, publications, and periodicals that are readily recyclable 96.14within the state resource recovery program; and 96.15(9) new text begin (8) new text end purchase paper which has been made on a paper machine located in Minnesota. 96.16(b) Paragraph (a), clause (1), does not apply to coated paper that is made with at 96.17least 50 percent postconsumer material. 96.18(c) A public entity shall print documents on both sides of the paper where commonly 96.19accepted publishing practices allow. 96.20(d) Notwithstanding paragraph (a), clause (2), and section , copier paper 96.21purchased by a state agency must contain at least ten percent postconsumer material by 96.22fiber content. 96.23    Sec. 2. Minnesota Statutes 2014, section 84.415, subdivision 7, is amended to read: 96.24    Subd. 7. Existing road right-of-way; new text begin Application new text end fee exemption. new text begin (a) new text end A utility 96.25license for crossing public lands or public waters is exempt from all new text begin application new text end fees 96.26specified in this section and in rules adopted under this section when the utility crossing is 96.27on an existing right-of-way of a public road. 96.28 new text begin (b) This subdivision does not apply to electric power lines, cables, or conduits 100 new text end 96.29 new text begin kilovolts or greater or to main pipelines for gas, liquids, or solids in suspension. new text end 96.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 2014, and new text end 96.31 new text begin does not authorize the retroactive collection of fees. new text end 96.32    Sec. 3. new text begin [84.69] NATURAL RESOURCES CONSERVATION EASEMENT new text end 96.33 new text begin STEWARDSHIP ACCOUNT. new text end 97.1     new text begin Subdivision 1. new text end new text begin Account established; sources. new text end new text begin The natural resources conservation new text end 97.2 new text begin easement stewardship account is created in the special revenue fund. The account consists new text end 97.3 new text begin of money credited to the account and interest and other earnings on money in the account. new text end 97.4 new text begin The State Board of Investment must manage the account to maximize long-term gain. The new text end 97.5 new text begin following revenue must be deposited in the natural resources conservation easement new text end 97.6 new text begin stewardship account: new text end 97.7 new text begin (1) contributions to the account or specified for any purpose of the account; new text end 97.8 new text begin (2) contributions under subdivision 3; section 84.66, subdivision 11; or other new text end 97.9 new text begin applicable law; new text end 97.10 new text begin (3) money appropriated for any of the purposes described in subdivision 2; new text end 97.11 new text begin (4) money appropriated for monitoring and enforcement of easements and earnings new text end 97.12 new text begin on the money appropriated that revert to the state under section 97A.056, subdivision new text end 97.13 new text begin 17, or other applicable law; and new text end 97.14 new text begin (5) gifts under section 84.085 for conservation easement stewardship. new text end 97.15     new text begin Subd. 2. new text end new text begin Appropriation; purposes of account. new text end new text begin Five percent of the balance on new text end 97.16 new text begin July 1 of each year in the natural resources conservation easement stewardship account new text end 97.17 new text begin is annually appropriated to the commissioner of natural resources and may be spent new text end 97.18 new text begin only to cover the costs of managing conservation easements held by the Department new text end 97.19 new text begin of Natural Resources, including costs associated with monitoring, landowner contacts, new text end 97.20 new text begin records storage and management, processing landowner notices, requests for approval new text end 97.21 new text begin or amendments, enforcement, and legal services associated with conservation easement new text end 97.22 new text begin management activities. new text end 97.23     new text begin Subd. 3. new text end new text begin Financial contributions. new text end new text begin The commissioner shall seek a financial new text end 97.24 new text begin contribution to the natural resources conservation easement stewardship account for each new text end 97.25 new text begin conservation easement acquired by or assigned to the Department of Natural Resources. new text end 97.26 new text begin Unless otherwise provided by law, the commissioner shall determine the amount of the new text end 97.27 new text begin contribution, which must be an amount calculated to earn sufficient money to meet new text end 97.28 new text begin the costs of managing the conservation easement at a level that neither significantly new text end 97.29 new text begin overrecovers nor underrecovers the costs. In determining the amount of the financial new text end 97.30 new text begin contribution, the commissioner shall consider: new text end 97.31 new text begin (1) the estimated annual staff hours needed to manage the conservation easement, new text end 97.32 new text begin taking into consideration factors such as easement type, size, location, and complexity; new text end 97.33 new text begin (2) the average hourly wages for the class or classes of employees expected to new text end 97.34 new text begin manage the conservation easement; new text end 97.35 new text begin (3) the estimated annual travel expenses to manage the conservation easement; new text end 98.1 new text begin (4) the estimated annual miscellaneous costs to manage the conservation easement, new text end 98.2 new text begin including supplies and equipment, information technology support, and aerial flyovers; new text end 98.3 new text begin (5) the estimated annualized cost of legal services, including the cost to enforce the new text end 98.4 new text begin easement in the event of a violation; and new text end 98.5 new text begin (6) the expected rate of return on investments in the account. new text end 98.6 new text begin EFFECTIVE DATE. new text end new text begin Subdivisions 1 and 2 of this section are effective the day new text end 98.7 new text begin following final enactment. Subdivision 3 of this section is effective for conservation new text end 98.8 new text begin easements acquired with money appropriated on or after July 1, 2015, and for acquisitions new text end 98.9 new text begin of conservation easements by gift that are initiated on or after July 1, 2015. new text end 98.10    Sec. 4. Minnesota Statutes 2014, section 84.788, subdivision 5, is amended to read: 98.11    Subd. 5. Report of new text begin ownership new text end transfers; fee. A person who sells or transfers new text begin (a) new text end 98.12 new text begin Application for transfer of new text end ownership of an off-highway motorcycle registered under 98.13this section shall report the sale or transfer new text begin must be made new text end to the commissioner within 98.1415 days of the date of transfer. 98.15 new text begin (b) new text end An application for transfer must be executed by the registered owner and the 98.16buyer on a form prescribed by the commissioner with the owner's registration certificate, 98.17 new text begin purchaser using new text end a bill of sale, and a $4 fee new text begin that includes the vehicle serial number new text end . 98.18 new text begin (c) The purchaser is subject to the penalties imposed by section 84.774 if the new text end 98.19 new text begin purchaser fails to apply for transfer of ownership as provided under this subdivision. new text end 98.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2016. new text end 98.21    Sec. 5. Minnesota Statutes 2014, section 84.788, is amended by adding a subdivision 98.22to read: 98.23     new text begin Subd. 5a. new text end new text begin Report of registration transfers. new text end new text begin (a) Application for transfer of new text end 98.24 new text begin registration under this section must be made to the commissioner within 15 days of the new text end 98.25 new text begin date of transfer. new text end 98.26 new text begin (b) An application for transfer must be executed by the registered owner and the new text end 98.27 new text begin purchaser using a bill of sale that includes the vehicle serial number. new text end 98.28 new text begin (c) The purchaser is subject to the penalties imposed by section 84.774 if the new text end 98.29 new text begin purchaser fails to apply for transfer of registration as provided under this subdivision. new text end 98.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2016. new text end 98.31    Sec. 6. new text begin [84.8031] GRANT-IN-AID APPLICATIONS; REVIEW PERIOD. new text end 99.1 new text begin The commissioner must review an off-road vehicle grant-in-aid application and, if new text end 99.2 new text begin approved, commence public review of the application within 60 days after the completed new text end 99.3 new text begin application has been locally approved and submitted to an area parks and trails office. If new text end 99.4 new text begin the commissioner fails to approve or deny the application within 60 days after submission, new text end 99.5 new text begin the application is deemed approved and the commissioner must provide for a 30-day new text end 99.6 new text begin public review period. new text end 99.7    Sec. 7. Minnesota Statutes 2014, section 84.82, subdivision 2a, is amended to read: 99.8    Subd. 2a. Nontrail use registration. A snowmobile may be registered for nontrail 99.9use. A snowmobile registered under this subdivision may not be operated on a state or 99.10grant-in-aid snowmobile trail. The fee for a nontrail use registration new text begin of a snowmobile with new text end 99.11 new text begin an engine displacement that is greater than 125 cubic centimeters new text end is $45 for three years. A 99.12nontrail use registration is not transferable. In addition to other penalties prescribed by 99.13law, the penalty for violation of this subdivision is immediate revocation of the nontrail 99.14use registration. The commissioner shall ensure that the registration sticker provided for 99.15limited nontrail use is of a different color and is distinguishable from other snowmobile 99.16registration and state trail stickers provided. 99.17    Sec. 8. Minnesota Statutes 2014, section 84.82, subdivision 6, is amended to read: 99.18    Subd. 6. Exemptions. Registration is not required under this section for: 99.19    (1) a snowmobile owned and used by the United States, an Indian tribal government, 99.20another state, or a political subdivision thereof; 99.21    (2) a snowmobile registered in a country other than the United States temporarily 99.22used within this state; 99.23    (3) a snowmobile that is covered by a valid license of another state and has not been 99.24within this state for more than 30 consecutive days or that is registered by an Indian tribal 99.25government to a tribal member and has not been outside the tribal reservation boundary 99.26for more than 30 consecutive days; 99.27    (4) a snowmobile used exclusively in organized track racing events; 99.28    (5) a snowmobile in transit by a manufacturer, distributor, or dealer; 99.29    (6) a snowmobile at least 15 years old in transit by an individual for use only on 99.30land owned or leased by the individual; or 99.31    (7) a snowmobile while being used to groom a state or grant-in-aid trail new text begin ; or new text end 99.32     new text begin (8) a snowmobile with an engine displacement that is 125 cubic centimeters or less new text end 99.33 new text begin and the snowmobile is not operated on a state or grant-in-aid trail new text end . 100.1    Sec. 9. Minnesota Statutes 2014, section 84.84, is amended to read: 100.284.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP. 100.3 new text begin (a) new text end Within 15 days after the transfer of ownership, or any part thereof, other than a 100.4security interest, or the destruction or abandonment of any snowmobile, written notice 100.5thereof new text begin of the transfer or destruction or abandonment new text end shall be given to the commissioner 100.6in such form as the commissioner shall prescribe. 100.7 new text begin (b) An application for transfer must be executed by the registered owner and the new text end 100.8 new text begin purchaser using a bill of sale that includes the vehicle serial number. new text end 100.9 new text begin (c) The purchaser is subject to the penalties imposed by section 84.88 if the purchaser new text end 100.10 new text begin fails to apply for transfer of ownership as provided under this subdivision. new text end Every owner 100.11or part owner of a snowmobile shall, upon failure to give such notice new text begin of destruction or new text end 100.12 new text begin abandonment new text end , be subject to the penalties imposed by Laws 1967, chapter 876 new text begin section 84.88 new text end . 100.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2016. new text end 100.14    Sec. 10. Minnesota Statutes 2014, section 84.92, subdivision 8, is amended to read: 100.15    Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means 100.16a motorized vehicle of new text begin with: (1) new text end not less than three, but not more than six low pressure 100.17or non-pneumatic tires, that is limited in engine displacement of less than 1,000 cubic 100.18centimeters and new text begin ; (2) a total dry weight of 2,000 pounds or less; and (3) a total width new text end 100.19 new text begin from outside of tire rim to outside of tire rim that is 65 inches or less. All-terrain vehicle new text end 100.20includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle. new text begin All-terrain vehicle does new text end 100.21 new text begin not include a golf cart, mini-truck, dune buggy, or go-cart or a vehicle designed and used new text end 100.22 new text begin specifically for lawn maintenance, agriculture, logging, or mining purposes. new text end 100.23    Sec. 11. Minnesota Statutes 2014, section 84.92, subdivision 9, is amended to read: 100.24    Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an 100.25all-terrain vehicle that has a total dry weight of less than 1,200 pounds new text begin width from outside new text end 100.26 new text begin of tire rim to outside of tire rim that is 50 inches or less new text end . 100.27    Sec. 12. Minnesota Statutes 2014, section 84.92, subdivision 10, is amended to read: 100.28    Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an 100.29all-terrain vehicle that has a total dry weight of 1,200 to 1,800 pounds new text begin width from outside new text end 100.30 new text begin of tire rim to outside of tire rim that is greater than 50 inches but not more than 65 inches new text end . 100.31    Sec. 13. Minnesota Statutes 2014, section 84.922, subdivision 4, is amended to read: 101.1    Subd. 4. Report of transfers. A person who sells or transfers ownership of a 101.2vehicle registered under this section shall report the sale or new text begin (a) Application for new text end transfer new text begin of new text end 101.3 new text begin ownership must be made new text end to the commissioner within 15 days of the date of transfer. 101.4 new text begin (b) new text end An application for transfer must be executed by the registered owner and 101.5the purchaser on a form prescribed by the commissioner with the owner's registration 101.6certificate, new text begin using new text end a bill of sale and a $4 fee new text begin that includes the vehicle serial number new text end . 101.7 new text begin (c) The purchaser is subject to the penalties imposed by section 84.774 if the new text end 101.8 new text begin purchaser fails to apply for transfer of ownership as provided under this subdivision. new text end 101.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2016. new text end 101.10    Sec. 14. Minnesota Statutes 2014, section 84.925, subdivision 5, is amended to read: 101.11    Subd. 5. Training requirements. (a) An individual who was born after July 1, 101.121987, and who is 16 years of age or older, must successfully complete the independent 101.13study course component of all-terrain vehicle safety training before operating an all-terrain 101.14vehicle on public lands or waters, public road rights-of-way, or state or grant-in-aid trails. 101.15    (b) An individual who is convicted of violating a law related to the operation of an 101.16all-terrain vehicle must successfully complete the independent study course component of 101.17all-terrain vehicle safety training before continuing operation of an all-terrain vehicle. 101.18    (c) An individual who is convicted for a second or subsequent excess speed, trespass, 101.19or wetland violation in an all-terrain vehicle season, or any conviction for careless or 101.20reckless operation of an all-terrain vehicle, must successfully complete the independent 101.21study and the testing and operating course components of all-terrain vehicle safety training 101.22before continuing operation of an all-terrain vehicle. 101.23    (d) An individual who receives three or more citations and convictions for violating a 101.24law related to the operation of an all-terrain vehicle in a two-year period must successfully 101.25complete the independent study and the testing and operating course components of 101.26all-terrain vehicle safety training before continuing operation of an all-terrain vehicle. 101.27    (e) An individual must present evidence of compliance with this subdivision before 101.28an all-terrain vehicle registration is issued or renewed. new text begin A person may use the following as new text end 101.29 new text begin evidence of meeting all-terrain vehicle safety certificate requirements: new text end 101.30     new text begin (1) a valid all-terrain vehicle safety certificate issued by the commissioner; new text end 101.31     new text begin (2) a driver's license that has a valid all-terrain vehicle safety certificate indicator new text end 101.32 new text begin issued under section 171.07, subdivision 18; or new text end 101.33     new text begin (3) an identification card that has a valid all-terrain vehicle safety certificate indicator new text end 101.34 new text begin issued under section 171.07, subdivision 18. new text end 102.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2016, or the date the new new text end 102.2 new text begin driver and vehicle services information technology system is implemented, whichever new text end 102.3 new text begin comes later. new text end 102.4    Sec. 15. Minnesota Statutes 2014, section 84.9256, subdivision 1, is amended to read: 102.5    Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on 102.6public road rights-of-way that is permitted under section 84.928 and as provided under 102.7paragraph (j), a driver's license issued by the state or another state is required to operate an 102.8all-terrain vehicle along or on a public road right-of-way. 102.9    (b) A person under 12 years of age shall not: 102.10    (1) make a direct crossing of a public road right-of-way; 102.11    (2) operate an all-terrain vehicle on a public road right-of-way in the state; or 102.12    (3) operate an all-terrain vehicle on public lands or waters, except as provided in 102.13paragraph (f). 102.14    (c) Except for public road rights-of-way of interstate highways, a person 12 years 102.15of age but less than 16 years may make a direct crossing of a public road right-of-way 102.16of a trunk, county state-aid, or county highway or operate on public lands and waters or 102.17state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety 102.18certificate issued by the commissioner and is accompanied by a person 18 years of age or 102.19older who holds a valid driver's license. 102.20    (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years 102.21old, but less than 16 years old, must: 102.22    (1) successfully complete the safety education and training program under section 102.2384.925 , subdivision 1, including a riding component; and 102.24    (2) be able to properly reach and control the handle bars and reach the foot pegs 102.25while sitting upright on the seat of the all-terrain vehicle. 102.26    (e) A person at least 11 years of age may take the safety education and training 102.27program and may receive an all-terrain vehicle safety certificate under paragraph (d), but 102.28the certificate is not valid until the person reaches age 12. 102.29    (f) A person at least ten years of age but under 12 years of age may operate an 102.30all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if 102.31accompanied by a parent or legal guardian. 102.32    (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle. 102.33    (h) A person under the age of 16 may not operate an all-terrain vehicle on public 102.34lands or waters or on state or grant-in-aid trails if the person cannot properly reach and 103.1control the handle bars and reach the foot pegs while sitting upright on the seat of the 103.2all-terrain vehicle. 103.3(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 103.416 years old, may make a direct crossing of a public road right-of-way of a trunk, county 103.5state-aid, or county highway or operate an all-terrain vehicle on public lands and waters 103.6or state or grant-in-aid trails if: 103.7(1) the nonresident youth has in possession evidence of completing an all-terrain 103.8safety course offered by the ATV Safety Institute or another state as provided in section 103.984.925 , subdivision 3; and 103.10(2) the nonresident youth is accompanied by a person 18 years of age or older who 103.11holds a valid driver's license. 103.12(j) A person 12 years of age but less than 16 years of age may operate an all-terrain 103.13vehicle on the new text begin roadway, new text end bank, slope, or ditch of a public road right-of-way as permitted 103.14under section 84.928 if the person: 103.15(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner; 103.16and 103.17(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle. 103.18    Sec. 16. Minnesota Statutes 2014, section 84.928, subdivision 1, is amended to read: 103.19    Subdivision 1. Operation on roads and rights-of-way. (a) Unless otherwise 103.20allowed in sections 84.92 to 84.928 new text begin or by local ordinance under paragraph (k) new text end , a person shall 103.21not operate an all-terrain vehicle in this state along or on the roadway, shoulder, or inside 103.22bank or slope of a public road right-of-way of a trunk, county state-aid, or county highway. 103.23    (b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside 103.24bank or slope of a trunk, county state-aid, or county highway unless prohibited under 103.25paragraph (d) or (f). 103.26    (c) A person may operate new text begin a class 1 all-terrain vehicle designed by the manufacturer new text end 103.27 new text begin for off-road use to be driven by a steering wheel and equipped with operator and passenger new text end 103.28 new text begin seat belts and a roll-over protective structure or new text end a class 2 all-terrain vehicle: 103.29    (1) within the public road right-of-way of a county state-aid or county highway on 103.30the new text begin right shoulder or the new text end extreme right-hand side of the road and left turns may be made 103.31from any part of the road if it is safe to do so under the prevailing conditions, unless 103.32prohibited under paragraph (d) or (f); 103.33    (2) on the bank, slope, or ditch of a public road right-of-way of a trunk, county 103.34state-aid, or county highway but only to access businesses or make trail connections, and 104.1left turns may be made from any part of the road if it is safe to do so under the prevailing 104.2conditions, unless prohibited under paragraph (d) or (f); and 104.3    (3) on the bank or ditch of a public road right-of-way on a designated class 2 104.4all-terrain vehicle trail. 104.5    (d) A road authority as defined under section 160.02, subdivision 25, may after a 104.6public hearing restrict the use of all-terrain vehicles in the public road right-of-way under 104.7its jurisdiction. 104.8    (e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the 104.9operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside 104.10bank or slope of a trunk, interstate, county state-aid, or county highway: 104.11(1) that is part of a funded grant-in-aid trail; or 104.12(2) when the all-terrain vehicle is owned by or operated under contract with new text begin : new text end 104.13 new text begin (i) a road authority as defined under section 160.02, subdivision 25; or new text end 104.14 new text begin (ii) new text end a publicly or privately owned utility or pipeline company and used for work 104.15on utilities or pipelines. 104.16    (f) The commissioner may limit the use of a right-of-way for a period of time if the 104.17commissioner determines that use of the right-of-way causes: 104.18    (1) degradation of vegetation on adjacent public property; 104.19    (2) siltation of waters of the state; 104.20    (3) impairment or enhancement to the act of taking game; or 104.21    (4) a threat to safety of the right-of-way users or to individuals on adjacent public 104.22property. 104.23    The commissioner must notify the road authority as soon as it is known that a closure 104.24will be ordered. The notice must state the reasons and duration of the closure. 104.25    (g) A person may operate an all-terrain vehicle registered for private use and used 104.26for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or 104.27county highway in this state if the all-terrain vehicle is operated on the extreme right-hand 104.28side of the road, and left turns may be made from any part of the road if it is safe to do so 104.29under the prevailing conditions. 104.30    (h) A person shall not operate an all-terrain vehicle within the public road 104.31right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in 104.32the agricultural zone unless the vehicle is being used exclusively as transportation to and 104.33from work on agricultural lands. This paragraph does not apply to an agent or employee 104.34of a road authority, as defined in section 160.02, subdivision 25, or the Department of 104.35Natural Resources when performing or exercising official duties or powers. 105.1    (i) A person shall not operate an all-terrain vehicle within the public road right-of-way 105.2of a trunk, county state-aid, or county highway between the hours of one-half hour after 105.3sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way 105.4and in the same direction as the highway traffic on the nearest lane of the adjacent roadway. 105.5    (j) A person shall not operate an all-terrain vehicle at any time within the 105.6right-of-way of an interstate highway or freeway within this state. 105.7 new text begin (k) A county, city, or town, acting through its governing body, may by ordinance new text end 105.8 new text begin allow a person to operate an all-terrain vehicle on a public road or street under its new text end 105.9 new text begin jurisdiction to access businesses and residences and to make trail connections. new text end 105.10 new text begin EFFECTIVE DATE. new text end new text begin The amendments to paragraph (e) of this section are effective new text end 105.11 new text begin the day following final enactment. new text end 105.12    Sec. 17. Minnesota Statutes 2014, section 84D.01, is amended by adding a subdivision 105.13to read: 105.14     new text begin Subd. 1a. new text end new text begin Aquatic invasive species affirmation. new text end new text begin "Aquatic invasive species new text end 105.15 new text begin affirmation" means an affirmation of the summary of the aquatic invasive species laws of new text end 105.16 new text begin this chapter that is part of watercraft licenses and nonresident fishing licenses, as provided new text end 105.17 new text begin in section 84D.106. new text end 105.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2016. new text end 105.19    Sec. 18. Minnesota Statutes 2014, section 84D.01, subdivision 13, is amended to read: 105.20    Subd. 13. Prohibited invasive species. "Prohibited invasive species" means a 105.21nonnative species that has been listed new text begin designated new text end as a prohibited invasive species in a rule 105.22adopted by the commissioner under section 84D.12. 105.23    Sec. 19. Minnesota Statutes 2014, section 84D.01, subdivision 15, is amended to read: 105.24    Subd. 15. Regulated invasive species. "Regulated invasive species" means a 105.25nonnative species that has been listed new text begin designated new text end as a regulated invasive species in a rule 105.26adopted by the commissioner under section 84D.12. 105.27    Sec. 20. Minnesota Statutes 2014, section 84D.01, subdivision 17, is amended to read: 105.28    Subd. 17. Unlisted nonnative species. "Unlisted nonnative species" means a 105.29nonnative species that has not been listed new text begin designated new text end as a prohibited invasive species, a 105.30regulated invasive species, or an unregulated nonnative species in a rule adopted by the 105.31commissioner under section 84D.12. 106.1    Sec. 21. Minnesota Statutes 2014, section 84D.01, subdivision 18, is amended to read: 106.2    Subd. 18. Unregulated nonnative species. "Unregulated nonnative species" means 106.3a nonnative species that has been listed new text begin designated new text end as an unregulated nonnative species in 106.4a rule adopted by the commissioner under section 84D.12. 106.5    Sec. 22. Minnesota Statutes 2014, section 84D.06, is amended to read: 106.684D.06 UNLISTED NONNATIVE SPECIES. 106.7    Subdivision 1. Process. A person may not introduce an unlisted nonnative aquatic 106.8plant or wild animal species unless: 106.9(1) the person has notified the commissioner in a manner and form prescribed by 106.10the commissioner; 106.11(2) the commissioner has made the classification determination required in 106.12subdivision 2 and listed new text begin designated new text end the species as appropriate; and 106.13(3) the introduction is allowed under the applicable provisions of this chapter. 106.14    Subd. 2. Classification. (a) If the commissioner determines that a species for which 106.15a notification is received under subdivision 1 should be classified as a prohibited invasive 106.16species, the commissioner shall: 106.17(1) adopt a rule under section 84D.12, subdivision 3, listing new text begin designating new text end the species 106.18as a prohibited invasive species; and 106.19(2) notify the person from which the notification was received that the species is 106.20subject to section 84D.04. 106.21(b) If the commissioner determines that a species for which a notification is 106.22received under subdivision 1 should be classified as an unregulated nonnative species, 106.23the commissioner shall: 106.24(1) adopt a rule under section 84D.12, subdivision 3, listing new text begin designating new text end the species 106.25as an unregulated nonnative species; and 106.26(2) notify the person from which the notification was received that the species is not 106.27subject to regulation under this chapter. 106.28(c) If the commissioner determines that a species for which a notification is received 106.29under subdivision 1 should be classified as a regulated invasive species, the commissioner 106.30shall notify the applicant that the species is subject to the requirements in section 84D.07. 106.31    Sec. 23. Minnesota Statutes 2014, section 84D.10, subdivision 3, is amended to read: 106.32    Subd. 3. Removal and confinement. (a) A conservation officer or other licensed 106.33peace officer may order: 107.1    (1) the removal of aquatic macrophytes or prohibited invasive species from 107.2water-related equipment new text begin , including decontamination using hot water or high pressure new text end 107.3 new text begin equipment when available on site, new text end before it new text begin the water-related equipment new text end is new text begin transported or new text end 107.4 new text begin before it is new text end placed into waters of the state; 107.5    (2) confinement of the water-related equipment at a mooring, dock, or other location 107.6until the water-related equipment is removed from the water; 107.7    (3) removal of water-related equipment from waters of the state to remove prohibited 107.8invasive species if the water has not been listed by the commissioner as being infested 107.9with that species; and 107.10    (4) a prohibition on placing water-related equipment into waters of the state when 107.11the water-related equipment has aquatic macrophytes or prohibited invasive species 107.12attached in violation of subdivision 1 or when water has not been drained or the drain plug 107.13has not been removed in violation of subdivision 4. new text begin ; and new text end 107.14     new text begin (5) decontamination of water-related equipment when available on site. new text end 107.15     new text begin (b) An order for removal of prohibited invasive species under paragraph (a), clause new text end 107.16 new text begin (1), or decontamination of water-related equipment under paragraph (a), clause (5), new text end 107.17 new text begin may include tagging the water-related equipment and issuing a notice that specifies new text end 107.18 new text begin a time frame for completing the removal or decontamination and reinspection of the new text end 107.19 new text begin water-related equipment. new text end 107.20    (b) new text begin (c) new text end An inspector who is not a licensed peace officer may issue orders under 107.21paragraph (a), clauses (1), (3), and (4) new text begin , and (5) new text end . 107.22    Sec. 24. new text begin [84D.106] AQUATIC INVASIVE SPECIES AFFIRMATION. new text end 107.23 new text begin Aquatic invasive species affirmation is required for all: new text end 107.24 new text begin (1) watercraft licenses issued under section 86B.401; and new text end 107.25 new text begin (2) all nonresident fishing licenses, as provided in section 97C.301, subdivision 2a. new text end 107.26 new text begin EFFECTIVE DATE. new text end new text begin Clause (1) of this section is effective January 1, 2016, and new text end 107.27 new text begin clause (2) of this section is effective March 1, 2016. new text end 107.28    Sec. 25. Minnesota Statutes 2014, section 84D.11, subdivision 1, is amended to read: 107.29    Subdivision 1. Prohibited invasive species. The commissioner may issue a permit 107.30for the propagation, possession, importation, purchase, or transport of a prohibited invasive 107.31species for the purposes of disposal, new text begin decontamination, new text end control, research, or education. 107.32    Sec. 26. Minnesota Statutes 2014, section 84D.12, subdivision 1, is amended to read: 107.33    Subdivision 1. Required rules. The commissioner shall adopt rules: 108.1    (1) listing new text begin designating new text end prohibited invasive species, regulated invasive species, and 108.2unregulated nonnative species of aquatic plants and wild animals; 108.3    (2) governing the application for and issuance of permits under this chapter, which 108.4rules may include a fee schedule; and 108.5    (3) governing notification under section 84D.08. 108.6    Sec. 27. Minnesota Statutes 2014, section 84D.12, subdivision 3, is amended to read: 108.7    Subd. 3. Expedited rules. The commissioner may adopt rules under section 84.027, 108.8subdivision 13 , that list new text begin designate new text end : 108.9    (1) prohibited invasive species of aquatic plants and wild animals; 108.10    (2) regulated invasive species of aquatic plants and wild animals; and 108.11    (3) unregulated nonnative species of aquatic plants and wild animals. 108.12    Sec. 28. Minnesota Statutes 2014, section 84D.13, subdivision 5, is amended to read: 108.13    Subd. 5. Civil penalties. (a) A civil citation issued under this section must impose 108.14the following penalty amounts: 108.15    (1) for transporting aquatic macrophytes in violation of section 84D.09, $100; 108.16    (2) for placing or attempting to place into waters of the state water-related equipment 108.17that has aquatic macrophytes attached, $200; 108.18    (3) for unlawfully possessing or transporting a prohibited invasive species other 108.19than an aquatic macrophyte, $500; 108.20    (4) for placing or attempting to place into waters of the state water-related equipment 108.21that has prohibited invasive species attached when the waters are not listed by the 108.22commissioner as being infested with that invasive species, $500; 108.23    (5) for intentionally damaging, moving, removing, or sinking a buoy marking, as 108.24prescribed by rule, Eurasian water milfoil, $100; 108.25    (6) for failing to have drain plugs or similar devices removed or opened while 108.26transporting water-related equipment or for failing to remove plugs, open valves, and 108.27drain water from water-related equipment, other than marine sanitary systems, before 108.28leaving waters of the state, $100; and 108.29    (7) for transporting infested water off riparian property without a permit as required 108.30by rule, $200 new text begin ; and new text end 108.31     new text begin (8) for failing to have aquatic invasive species affirmation displayed or available for new text end 108.32 new text begin inspection as provided in sections 86B.401 and 97C.301, subdivision 2a, $25 new text end . 109.1(b) A civil citation that is issued to a person who has one or more prior convictions 109.2or final orders for violations of this chapter is subject to twice the penalty amounts listed 109.3in paragraph (a). 109.4    Sec. 29. Minnesota Statutes 2014, section 84D.15, subdivision 3, is amended to read: 109.5    Subd. 3. Use of money in account. Money credited to the invasive species account 109.6in subdivision 2 shall be used for management of invasive species and implementation of 109.7this chapter as it pertains to invasive species, including control, public awareness, law 109.8enforcement, assessment and monitoring, management planning, new text begin habitat improvements, new text end 109.9and research. 109.10    Sec. 30. Minnesota Statutes 2014, section 85.015, is amended by adding a subdivision 109.11to read: 109.12     new text begin Subd. 1e. new text end new text begin Connection to state parks and recreation areas. new text end new text begin Trails designated under new text end 109.13 new text begin this section may include connections to state parks or recreation areas that generally lie in new text end 109.14 new text begin between or within the vicinity of the waymarks specifically named in the designation. new text end 109.15    Sec. 31. Minnesota Statutes 2014, section 85.015, is amended by adding a subdivision 109.16to read: 109.17     new text begin Subd. 6a. new text end new text begin Mississippi Blufflands Trail; Goodhue and Wabasha Counties. new text end new text begin (a) new text end 109.18 new text begin The Mississippi Blufflands Trail shall originate at the Cannon Valley Trail and thence new text end 109.19 new text begin extend generally southeasterly along the Mississippi River through Frontenac State Park in new text end 109.20 new text begin Goodhue County and continue through Goodhue and Wabasha Counties to the city of Lake new text end 109.21 new text begin City, and there terminate. The trail shall include connections to the Rattlesnake Bluff Trail. new text end 109.22 new text begin (b) The trail shall be developed primarily for riding and hiking. new text end 109.23 new text begin (c) In establishing, developing, maintaining, and operating the trail, the new text end 109.24 new text begin commissioner shall cooperate with local units of government and private individuals and new text end 109.25 new text begin groups whenever feasible. new text end 109.26    Sec. 32. Minnesota Statutes 2014, section 85.015, subdivision 7, is amended to read: 109.27    Subd. 7. Blufflands Trail system, Fillmore, Olmsted, Winona, and Houston 109.28Counties. (a) The Root River Trail shall originate at Chatfield in Fillmore County, and 109.29thence extend easterly in the Root River Valley to the intersection of the river with 109.30Minnesota Trunk Highway No. 26 in Houston County, and extend to the Mississippi River. 109.31(b) Additional trails may be established that extend the Blufflands Trail system to 109.32include La Crescent, Hokah, Caledonia, and Spring Grove in Houston County; Preston, 110.1Harmony, Fountain, Wykoff, Spring Valley, Mabel, new text begin Prosper, new text end Canton, and Ostrander new text begin , new text end 110.2 new text begin and connections to the Iowa border including a connection to Niagara Cave new text end in Fillmore 110.3County; Rochester, Dover, Eyota, Stewartville, Byron, and Chester Woods County Park in 110.4Olmsted County; and Winona, Minnesota City, Rollingstone, Altura, Lewiston, Utica, 110.5St. Charles, and Elba in Winona County. In addition to the criteria in section 86A.05, 110.6subdivision 4 , these trails must utilize abandoned railroad rights-of-way where possible. 110.7(c) The trails shall be developed primarily for nonmotorized riding and hiking. 110.8    Sec. 33. Minnesota Statutes 2014, section 85.015, subdivision 28, is amended to read: 110.9    Subd. 28. Camp Ripley/Veterans State Trail, Crow Wing, Cass, and Morrison 110.10Counties. The trail shall originate at Crow Wing State Park in Crow Wing County at 110.11the southern end of the Paul Bunyan Trail and shall extend from Crow Wing State Park 110.12westerly to the city of Pillager, then southerly along the west side of Camp Ripley, then 110.13easterly along the south side of Camp Ripley across to the east side of the Mississippi 110.14River, and then northerly through Fort Ripley to Crow Wing State Park. A second segment 110.15of the trail shall be established that shall extend in a southerly direction and in close 110.16proximity to the Mississippi River from the southeasterly portion of the first segment of 110.17the trail to the city of Little Falls, and then terminate at the Soo Line Trail in Morrison 110.18County. new text begin Separation of motorized and nonmotorized corridors is acceptable as needed. new text end 110.19    Sec. 34. new text begin [85.0506] LAKE VERMILION-SOUDAN UNDERGROUND MINE new text end 110.20 new text begin STATE PARK; HOISTS. new text end 110.21 new text begin The Lake Vermilion-Soudan Underground Mine State Park mine tour operation is new text end 110.22 new text begin exempt from sections 326B.163 to 326B.191. The federal mine code for hoists that lift new text end 110.23 new text begin people under Code of Federal Regulations, title 30, part 57, subpart R, applies to the new text end 110.24 new text begin Lake Vermilion-Soudan Underground Mine State Park hoist. The commissioner shall new text end 110.25 new text begin employ a hoist safety expert to conduct an annual inspection of the hoist system at the new text end 110.26 new text begin Lake Vermilion-Soudan Underground Mine State Park. new text end 110.27    Sec. 35. Minnesota Statutes 2014, section 85.054, subdivision 12, is amended to read: 110.28    Subd. 12. new text begin Lake Vermilion- new text end Soudan Underground Mine State Park. A state park 110.29permit is not required and a fee may not be charged for motor vehicle entry or parking 110.30at the visitor parking area of Soudan Underground Mine State Park new text begin and the Stuntz Bay new text end 110.31 new text begin boat house area new text end . 110.32    Sec. 36. Minnesota Statutes 2014, section 85.32, subdivision 1, is amended to read: 111.1    Subdivision 1. Areas marked. The commissioner of natural resources is authorized 111.2in cooperation with local units of government and private individuals and groups when 111.3feasible to mark state water trails on the Little Fork, Big Fork, Minnesota, St. Croix, 111.4Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, 111.5Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan, 111.6Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in 111.7Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood, 111.8Blue Earth, Cedar, new text begin Shell Rock, new text end and Crow Rivers which have historic and scenic values 111.9and to mark appropriately points of interest, portages, camp sites, and all dams, rapids, 111.10waterfalls, whirlpools, and other serious hazards which are dangerous to canoe, kayak, 111.11and watercraft travelers. 111.12    Sec. 37. Minnesota Statutes 2014, section 86B.401, subdivision 3, is amended to read: 111.13    Subd. 3. Licensing. new text begin (a) new text end The license agent shall register the watercraft on receiving 111.14an application and the license fee. A license and registration sticker with a registration 111.15number shall be issued and must be affixed to the watercraft as prescribed by the 111.16commissioner of natural resources. 111.17 new text begin (b) A license includes aquatic invasive species affirmation as provided in section new text end 111.18 new text begin 84D.106. The aquatic invasive species affirmation portion of the license must be on board new text end 111.19 new text begin or available with the signed license certificate. The aquatic invasive species affirmation will new text end 111.20 new text begin be provided with an application for a new, transfer, duplicate, or renewal watercraft license. new text end 111.21 new text begin (c) new text end The license is not valid unless signed by at least one owner. 111.22 new text begin (d) Failure to complete the aquatic invasive species affirmation in this subdivision is new text end 111.23 new text begin subject to the penalty prescribed in section 84D.13, subdivision 5. new text end 111.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2016. new text end 111.25    Sec. 38. Minnesota Statutes 2014, section 87A.10, is amended to read: 111.2687A.10 TRAP SHOOTING SPORTS FACILITY GRANTS. 111.27The commissioner of natural resources shall administer a program to provide 111.28cost-share grants to local recreational shooting clubs new text begin or local units of government new text end for up to 111.2950 percent of the costs of developing or rehabilitating trap shooting sports facilities for 111.30public use. A facility rehabilitated or developed with a grant under this section must 111.31be open to the general public at reasonable times and for a reasonable fee on a walk-in 111.32basis. The commissioner shall give preference to projects that will provide the most 111.33opportunities for youth. 112.1    Sec. 39. Minnesota Statutes 2014, section 88.17, subdivision 3, is amended to read: 112.2    Subd. 3. Special permits. The following special permits are required at all times, 112.3including when the ground is snow-covered: 112.4(a) Fire training. A permit to start a fire for the instruction and training of 112.5firefighters, including liquid fuels training, may be given by the commissioner or agent of 112.6the commissioner. Except for owners or operators conducting fire training in specialized 112.7industrial settings pursuant to applicable federal, state, or local standards, owners 112.8or operators conducting open burning for the purpose of instruction and training of 112.9firefighters with regard to structures must follow the techniques described in a document 112.10entitled: Structural Burn Training Procedures for the Minnesota Technical College System 112.11 new text begin use only fuel materials as outlined in the current edition of National Fire Protection new text end 112.12 new text begin Association 1403, Standard on Live Fire Training Evolutions, and obtain the applicable new text end 112.13 new text begin live burn documents in accordance with the current edition of the Board of Firefighter new text end 112.14 new text begin Training and Education's live burn plan established according to section 299N.02, new text end 112.15 new text begin subdivision 3, clause (2) new text end . 112.16(b) Permanent tree and brush open burning sites. A permit for the operation of 112.17a permanent tree and brush burning site may be given by the commissioner or agent of 112.18the commissioner. Applicants for a permanent open burning site permit shall submit a 112.19complete application on a form provided by the commissioner. Existing permanent tree 112.20and brush open burning sites must submit for a permit within 90 days of the passage of 112.21this statute for a burning permit. New site applications must be submitted at least 90 112.22days before the date of the proposed operation of the permanent open burning site. The 112.23application must be submitted to the commissioner and must contain: 112.24(1) the name, address, and telephone number of all owners of the site proposed for 112.25use as the permanent open burning site; 112.26(2) if the operator for the proposed permanent open burning site is different from the 112.27owner, the name, address, and telephone number of the operator; 112.28(3) a general description of the materials to be burned, including the source and 112.29estimated quantity, dimensions of the site and burn pile areas, hours and dates of operation, 112.30and provisions for smoke management; and 112.31(4) a topographic or similarly detailed map of the site and surrounding area within 112.32a one-mile circumference showing all structures that might be affected by the operation 112.33of the site. 112.34Only trees, tree trimmings, or brush that cannot be disposed of by an alternative 112.35method such as chipping, composting, or other method shall be permitted to be burned 112.36at a permanent open burning site. A permanent tree and brush open burning site must 113.1be located and operated so as not to create a nuisance or endanger water quality. The 113.2commissioner shall revoke the permit or order actions to mitigate threats to public health, 113.3safety, and the environment in the event that permit conditions are violated. 113.4    Sec. 40. Minnesota Statutes 2014, section 88.49, subdivision 3, is amended to read: 113.5    Subd. 3. Recording new text begin Provisions of auxiliary forest contract to run with the land new text end . 113.6The commissioner shall submit such contract in recordable form to the owner of the land 113.7covered thereby. If the owner shall indicate to the commissioner an unwillingness to 113.8execute the same, or if the owner or any of the persons having an interest therein or lien 113.9thereon fail to execute it within 60 days from the time of its submission to the owner, all 113.10proceedings relating to the making of this land into an auxiliary forest shall be at an end. 113.11When the contract shall have been executed it shall forthwith be recorded in the 113.12office of the county recorder at the expense of the owner or, if the title to the land be 113.13registered, with the registrar of titles. At the time the contract is recorded with the county 113.14recorder for record the owner, at the owner's expense, shall record with the county recorder 113.15a certificate from the county attorney to the effect that no change in record title thereof has 113.16occurred, that no liens or other encumbrances have been placed thereon, and that no taxes 113.17have accrued thereon since the making of the previous certificate. It shall be the duty of 113.18the county attorney to furnish this certificate without further compensation. 113.19All the provisions of the new text begin a recorded new text end contract shall be new text begin for an auxiliary forest are new text end deemed 113.20covenants running with the land from the date of the filing of the contract for record. 113.21    Sec. 41. Minnesota Statutes 2014, section 88.49, subdivision 4, is amended to read: 113.22    Subd. 4. Effect. Upon the filing of the contract for record new text begin , new text end the land therein described 113.23 new text begin in the contract new text end shall become new text begin , new text end and, during the life of the contract, remain and be, an 113.24auxiliary forest entitled to all the benefits and subject to all the restrictions of sections 113.25 new text begin 88.49 new text end to 88.53, all of which shall be deemed a new text begin . These sections are new text end part of the 113.26obligation of the contract and shall be new text begin are new text end inviolate, subject only to the police power of the 113.27state, to the power of eminent domain, and to the right of the parties thereto by mutual 113.28agreement to make applicable to the contract any laws of the state enacted subsequent to its 113.29 new text begin the new text end execution and filing. This provision shall not be so construed as to prevent amendatory 113.30or supplementary legislation which does new text begin of the contract. Laws enacted subsequent to new text end 113.31 new text begin the date of execution of the contract are applicable to the contract, so long as the laws new text end 113.32 new text begin do new text end not impair these new text begin the new text end contract rights of the parties thereto, or as to prevent amendatory 113.33or supplementary legislation in respect of the culture, care, or management of the lands 113.34included in any such contract new text begin signatories of the contract or their successors or assigns new text end . 114.1    Sec. 42. Minnesota Statutes 2014, section 88.49, subdivision 5, is amended to read: 114.2    Subd. 5. Cancellation. Upon the failure of new text begin (a) If new text end the owner new text begin fails to new text end faithfully to 114.3fulfill and perform such new text begin the new text end contract or new text begin , new text end any provision thereof new text begin of the contract new text end , or any 114.4requirement of sections new text begin 88.49 new text end to 88.53, or any rule adopted by the commissioner 114.5thereunder new text begin adopts under those sections new text end , the commissioner may cancel the contract in 114.6the manner herein provided. The commissioner shall give to the owner, in the manner 114.7prescribed in section 88.48, subdivision 4, 60 days' notice of a hearing thereon at which 114.8the owner may appear and show cause, if any, why the contract should not be canceled. 114.9The commissioner shall thereupon new text begin then new text end determine whether the contract should be canceled 114.10and make an order to that effect. Notice of the commissioner's determination and the 114.11making of the order shall be given to new text begin The commissioner shall give new text end the owner in the manner 114.12provided in section 88.48, subdivision 4 new text begin notice of the commissioner's determination and new text end 114.13 new text begin order new text end . On determining new text begin If the commissioner determines new text end that the contract should be canceled 114.14and no appeal therefrom be taken new text begin the owner does not appeal the determination as provided new text end 114.15 new text begin in subdivision 7 new text end , the commissioner shall send notice thereof new text begin of the cancellation new text end to the 114.16auditor of the county and to the town clerk of the town affected and file with the recorder a 114.17certified copy of the order, who new text begin . The recorder new text end shall forthwith note the cancellation upon 114.18the record thereof, and thereupon the land therein described new text begin in the contract new text end shall cease to 114.19be an auxiliary forest and, together with the timber thereon new text begin on the land new text end , become liable 114.20to new text begin for new text end all taxes and assessments that otherwise would have been levied against it had it 114.21never been an auxiliary forest new text begin the land new text end from the time of the making of the contract, any 114.22 new text begin notwithstanding new text end provisions of the statutes of limitation to the contrary notwithstanding, 114.23less new text begin . new text end The amount of taxes paid under the provisions of section 88.51, subdivision 1, 114.24together with interest on such taxes and assessments at six percent per annum, but without 114.25penalties new text begin , must be subtracted from the tax owed by the owner new text end . 114.26 new text begin (b) new text end The commissioner may in like manner and with like effect cancel the contract 114.27upon written application of the owner. 114.28 new text begin (c) new text end The commissioner shall cancel any new text begin the new text end contract if the owner has made successful 114.29application new text begin successfully applied new text end under sections to , the Sustainable Forest 114.30Incentive Act, new text begin sections new text end new text begin to new text end new text begin , new text end and has paid to the county treasurer the new text begin tax new text end 114.31difference between the amount which new text begin that new text end would have been paid had the land under contract 114.32been subject to the Minnesota Tree Growth Tax Law and the Sustainable Forest Incentive 114.33Act from the date of the recording of the contract and the amount actually paid under 114.34section 88.51, subdivisions new text begin subdivision new text end 1 new text begin , new text end and new text begin Minnesota Statutes 2014, section 88.51, new text end 114.35 new text begin subdivision new text end 2. This tax difference must be calculated based on the years the lands would 114.36have been taxed under the Tree Growth Tax Law and the Sustainable Forest Incentive Act. 115.1The sustainable forest tax difference is net of the incentive payment of section 290C.07. 115.2If the amount which new text begin that new text end would have been paid, had new text begin if new text end the land under contract new text begin had new text end been 115.3under the Minnesota Tree Growth Tax Law and the Sustainable Forest Incentive Act from 115.4the date of the filing of the contract, new text begin was filed new text end is less than the amount actually paid under 115.5the contract, the cancellation shall be made without further payment by the owner. 115.6When new text begin (d) If new text end the execution of any new text begin the new text end contract creating an auxiliary forest shall have 115.7been new text begin is new text end procured through fraud or deception practiced upon new text begin on new text end the county board or new text begin , new text end the 115.8commissioner new text begin , new text end or any other person or body representing the state, it may be canceled 115.9 new text begin cancel it new text end upon suit brought by the attorney general at the direction of the commissioner. 115.10This cancellation shall have new text begin has new text end the same effect as the cancellation of a contract by the 115.11commissioner. 115.12    Sec. 43. Minnesota Statutes 2014, section 88.49, subdivision 6, is amended to read: 115.13    Subd. 6. Assessment after cancellation. new text begin (a) new text end For the purpose of levying such taxes, 115.14the county auditor shall, immediately upon receipt of new text begin receiving new text end notice of the cancellation 115.15of any new text begin a new text end contract creating an auxiliary forest, direct the local assessor to assess the lands 115.16within the forest, excluding the value of merchantable timber and minerals and other 115.17things of value taxed under the provisions of new text begin Minnesota Statutes 2014, new text end section 88.51, 115.18subdivision 2 , as of new text begin for new text end each of the years during which the lands have been new text begin were new text end included 115.19within the auxiliary forest. The local assessor shall forthwith make the assessment and 115.20certify the same to the county auditor. The county auditor shall thereupon levy a tax on the 115.21assessable value of the land as new text begin , new text end fixed by section 273.13, for each of the years during which 115.22the land has been new text begin was new text end within an auxiliary forest, at the rate at which other real estate 115.23within the taxing district was taxed in those years. The tax so assessed and levied against 115.24any land shall be new text begin is new text end a first and prior lien upon the land and upon all timber and forest 115.25products growing, grown, or cut thereon new text begin on the land new text end and removed therefrom new text begin from the land new text end . 115.26These taxes shall new text begin must new text end be enforced in the same manner as other taxes on real estate are 115.27enforced and, in addition thereto, the lien of the tax on forest products cut or removed 115.28from this land shall new text begin must new text end be enforced by the seizure and sale of the forest products. 115.29 new text begin (b) new text end No person shall, after the mailing by the commissioner, as provided in subdivision 115.305, of notice of hearing on the cancellation of a new text begin the new text end contract making any lands an auxiliary 115.31forest, cut or remove from these lands any timber or forest products growing, grown, or 115.32cut thereon until all taxes levied under this subdivision shall have been new text begin are new text end paid, or, in the 115.33event such new text begin if the new text end levy shall new text begin is new text end not have been completed, until the owner shall have new text begin has new text end given 115.34a bond payable to the county, with sureties approved by the county auditor, in such new text begin the new text end 116.1amount as the county auditor shall deem new text begin deems new text end ample for the payment of all taxes that may 116.2be levied thereon under this subdivision, conditioned for the payment of such new text begin the new text end taxes. 116.3 new text begin (c) new text end Any person who shall violate any of the provisions of new text begin violates new text end this subdivision 116.4shall be new text begin is new text end guilty of a felony. 116.5    Sec. 44. Minnesota Statutes 2014, section 88.49, subdivision 7, is amended to read: 116.6    Subd. 7. Appeal. new text begin (a) new text end The owner may appeal from any cancellation order of the 116.7commissioner to the district court of the county wherein new text begin where new text end the land is situate, new text begin located new text end 116.8by serving notice of appeal on the commissioner and filing the same with the court 116.9administrator of the district court within 30 days after the date of mailing of notice 116.10of such order. 116.11 new text begin (b) new text end The appeal shall new text begin must new text end be tried between the state of Minnesota and the owner by 116.12the court as a suit for the rescission of a contract is tried, and the judgment of the court 116.13shall be new text begin is new text end substituted for the cancellation order of the commissioner, and shall be new text begin is new text end final. 116.14    Sec. 45. Minnesota Statutes 2014, section 88.49, subdivision 8, is amended to read: 116.15    Subd. 8. Proceedings in lieu of cancellation. If cause for the cancellation of any new text begin a new text end 116.16contract shall exist new text begin exists new text end , the commissioner may, in lieu of canceling such new text begin the new text end contract, 116.17perform the terms and conditions, other than the payment of new text begin that the owner was required new text end 116.18 new text begin to perform, except that the commissioner may not pay any new text end taxes, new text begin that the owner was new text end 116.19required, by the contract or by law or by the rules of the commissioner, to be performed by 116.20the owner, and may for that purpose new text begin to have paid by law. The commissioner may new text end use any 116.21available moneys appropriated for the maintenance of the commissioner's division and 116.22any other lawful means new text begin to perform all other terms and conditions required to maintain the new text end 116.23 new text begin auxiliary forest status new text end . The commissioner shall, on December 1 each year, certify to the 116.24auditor of each county the amount of moneys thus expended new text begin on new text end and the value of services 116.25thus rendered in respect of any lands therein new text begin for land in the county new text end since December 1 of 116.26the preceding year. The county auditor shall forthwith assess and levy the amount shown 116.27by this certificate against the lands described therein. This amount shall bear new text begin bears new text end interest 116.28at the rate of six percent per annum and shall be new text begin is new text end a lien upon the lands described therein, 116.29and new text begin . new text end The collection thereof new text begin of the tax must be new text end enforced in the same manner as taxes 116.30levied under section 88.52, subdivision 1; new text begin , new text end and, if such new text begin the new text end tax be new text begin is new text end not sooner paid, it 116.31shall new text begin must new text end be added to, and the payment thereof enforced with, the yield tax imposed 116.32under section 88.52, subdivision 2. 116.33    Sec. 46. Minnesota Statutes 2014, section 88.49, subdivision 9, is amended to read: 117.1    Subd. 9. Auxiliary forests; withdrawal of land from. new text begin (a) new text end Land needed for other 117.2purposes may be withdrawn from an auxiliary forest as herein provided. new text begin The owner may new text end 117.3 new text begin submit new text end a verified application therefor in a form prescribed by the commissioner of natural 117.4resources may be made by the owner to the county board of the county in which the land is 117.5situated, describing the land and stating the purpose of withdrawal. Like proceedings shall 117.6be had upon the application as upon an application for the establishment of an auxiliary 117.7forest, except that consideration need be given only to the questions to be determined as 117.8provided in this subdivision. new text begin The county board shall consider the application and hear any new text end 117.9 new text begin matter offered in support of or in opposition to the application. The county board shall new text end 117.10 new text begin make proper record of its action upon the application. If the application is rejected, the new text end 117.11 new text begin county board shall prepare a written statement stating the reasons for the rejection within new text end 117.12 new text begin 30 days of the date of rejection. If the application is rejected, the county auditor shall, new text end 117.13 new text begin within 30 days of the rejection, endorse the rejection on the application and return it, new text end 117.14 new text begin together with a copy of the written statement prepared by the county board stating the new text end 117.15 new text begin reasons for rejection to the applicant. The rejected application and written statement must new text end 117.16 new text begin be sent to the owner by certified mail at the address given in the application. new text end 117.17 new text begin (b) If the application is disapproved as to only a part of the lands described, the new text end 117.18 new text begin county auditor shall notify the applicant in the same manner as if the application were new text end 117.19 new text begin rejected. The applicant may amend the application within 60 days after the notice is new text end 117.20 new text begin mailed. If it is not amended, the application is deemed rejected. new text end 117.21 new text begin (c) new text end If the county board shall determine new text begin determines new text end that the land proposed to be 117.22withdrawn is needed and is suitable for the purposes set forth in the application, and 117.23that the remaining land in the auxiliary forest is suitable and sufficient for the purposes 117.24thereof new text begin of the auxiliary forest new text end as provided by law, the board may, in its discretion, grant 117.25the application, subject to the approval of the commissioner. Upon such approval a 117.26supplemental contract evidencing the withdrawal shall be executed, filed, and recorded 117.27or registered as the case may require, in like manner as an original auxiliary forest 117.28contract. Thereupon new text begin by both the county board and the commissioner, the county auditor new text end 117.29 new text begin shall notify the applicant and the commissioner. Upon notice from the county auditor, new text end 117.30 new text begin the commissioner shall cause to be prepared a supplemental contract executed by the new text end 117.31 new text begin commissioner on behalf of the state and by the owner of the fee title or the holder of new text end 117.32 new text begin a state deed and by all other persons having any liens on the land and witnessed and new text end 117.33 new text begin acknowledged as provided by law for the execution of recordable deeds of conveyance. new text end 117.34 new text begin Notices sent by certified mail to the owner in fee at the address given in the application new text end 117.35 new text begin is deemed notice to all persons executing the supplemental contract. The supplemental new text end 117.36 new text begin contract must be prepared by the director of the Division of Forestry on a recordable new text end 118.1 new text begin form approved by an attorney appointed by the commissioner. Every supplemental new text end 118.2 new text begin contract must be approved by the Executive Council. The commissioner shall submit the new text end 118.3 new text begin supplemental contract to the owner of the land. If the owner indicates to the commissioner new text end 118.4 new text begin an unwillingness to execute the supplemental contract, or if the owner or any of the new text end 118.5 new text begin persons with an interest in the land or a lien upon the land fail to execute the contract new text end 118.6 new text begin within 60 days from the time of submission of the contract to the owner for execution, all new text end 118.7 new text begin proceedings relating back to the withdrawal of the land from an auxiliary forest shall be at new text end 118.8 new text begin an end. When the supplemental contract is executed, it must be recorded in the office of new text end 118.9 new text begin the county recorder at the expense of the owner or, if the title to the land is registered, the new text end 118.10 new text begin supplemental contract must be recorded with the registrar of titles. At the time the contract new text end 118.11 new text begin is recorded with the county recorder, the owner, at the owner's expense, shall record with new text end 118.12 new text begin the county recorder a certificate from the county attorney to the effect that no change in new text end 118.13 new text begin record title to the land has occurred, that no liens or other encumbrances have been placed new text end 118.14 new text begin on the land, and that no taxes have accrued on the land since the making of the previous new text end 118.15 new text begin certificate. The county attorney must furnish this certificate without further compensation. new text end 118.16 new text begin Upon execution and recording of the supplemental contract, new text end the land described in the 118.17supplemental contract shall cease new text begin that is to be withdrawn from the auxiliary forest ceases new text end 118.18to be part of the auxiliary forest, and, together with the timber thereon, shall be new text begin the owner new text end 118.19 new text begin is new text end liable to taxes and assessments new text begin of the withdrawn portion together with the timber on the new text end 118.20 new text begin withdrawn portion new text end in like manner as upon cancellation of an auxiliary forest contract. 118.21    Sec. 47. Minnesota Statutes 2014, section 88.49, subdivision 11, is amended to read: 118.22    Subd. 11. Auxiliary forests; transfer of title; procedure on division. The title to 118.23the land in an auxiliary forest or any part thereof new text begin of an auxiliary forest new text end is subject to transfer 118.24in the same manner as the title to other real estate, subject to the auxiliary forest contract 118.25therefor and to applicable provisions of law. In case new text begin If new text end the ownership of such a new text begin an auxiliary new text end 118.26forest is divided into two or more parts by any transfer or transfers of title and the owners 118.27of all such new text begin the new text end parts desire to have the same new text begin parts new text end made separate auxiliary forests, they new text begin the new text end 118.28 new text begin owners new text end may join in a verified application therefor to the county board of the county in 118.29which the forest is situated in a form prescribed by the commissioner of natural resources. 118.30If the county board determines that each of the parts into which the forest has been divided 118.31is suitable and sufficient for a separate auxiliary forest as provided by law, it may, in 118.32its discretion, grant the application, subject to the approval of the commissioner. Upon 118.33such approval, the commissioner shall prepare a new auxiliary forest contract for each 118.34part transferred, with like provisions and for the remainder of the same term as the prior 118.35contract in force for the entire forest at the time of the transfer, and shall also prepare a 119.1modification of such new text begin the new text end prior contract, eliminating therefrom the part or parts of the land 119.2transferred but otherwise leaving the remaining land subject to all the provisions of such 119.3 new text begin the new text end contract. The new contract or contracts and modification of the prior contract shall 119.4 new text begin must new text end be executed and otherwise dealt with in like manner as provided for an original new text begin a new text end 119.5 new text begin supplemental new text end auxiliary forest contract new text begin in subdivision 9 new text end , but no such instrument shall new text begin must new text end 119.6take effect until all of them, covering together all parts of the forest existing before the 119.7transfer, have been executed, filed, and recorded or registered, as the case may require. 119.8Upon the taking effect of new text begin When new text end all such new text begin the new text end instruments new text begin take effect new text end , the owner of the 119.9forest prior to the transfer shall be new text begin is new text end divested of all rights and relieved from all liabilities 119.10under the contract then in force with respect to the parts transferred except such new text begin those new text end as 119.11may have existed or accrued at the time of the taking effect of such instruments, and 119.12thereafter the several tracts into which the forest has been divided and the respective 119.13owners thereof shall be new text begin are new text end subject to the new contract or contracts or the modified prior 119.14contract relating thereto, as the case may be, as provided for an original auxiliary forest 119.15contract. The provisions of this subdivision shall not supersede or affect the application 119.16of any other provision of law to any auxiliary forest which is divided by transfer of title 119.17unless the procedure herein authorized is fully consummated. 119.18    Sec. 48. Minnesota Statutes 2014, section 88.491, subdivision 2, is amended to read: 119.19    Subd. 2. Effect of expired contract. When auxiliary forest contracts expire, 119.20or prior to expiration by mutual agreement between the land owner new text begin landowner new text end and the 119.21appropriate county office, the lands previously covered by an auxiliary forest contract 119.22automatically qualify for inclusion under the provisions of the Sustainable Forest Incentive 119.23Act; provided that when such lands are included in the Sustainable Forest Incentive Act 119.24prior to expiration of the auxiliary forest contract new text begin , new text end they will be transferred and a tax paid as 119.25provided in section 88.49, subdivision 5, upon application and inclusion in the sustainable 119.26forest incentive program. The land owner new text begin landowner new text end shall pay taxes in an amount equal to 119.27the difference between: 119.28(1) the sum of: 119.29(i) the amount which would have been paid from the date of the recording of the 119.30contract had the land under contract been subject to the Minnesota Tree Growth Tax 119.31Law; plus 119.32(ii) beginning with taxes payable in 2003, the taxes that would have been paid if the 119.33land had been enrolled in the sustainable forest incentive program; and 119.34(2) the amount actually paid under section 88.51, subdivisions new text begin subdivision new text end 1 new text begin , new text end and 119.35 new text begin Minnesota Statutes 2014, section 88.51, subdivision new text end 2. 120.1    Sec. 49. Minnesota Statutes 2014, section 88.50, is amended to read: 120.288.50 TAXATION. 120.3Every auxiliary forest in this state shall new text begin must new text end be taxed in the manner and to the extent 120.4hereinafter provided new text begin according to sections 88.49 to 88.53 new text end and not otherwise. Except as 120.5expressly permitted by sections new text begin 88.49 new text end to 88.53, no auxiliary forest shall be taxed 120.6for, or in any manner, directly or indirectly made to contribute to, or become liable for 120.7the payment of, any tax or assessment, general or special, or any bond, certificate of 120.8indebtedness, or other public obligation of any name or kind, made, issued, or created 120.9subsequent to the filing of the contract creating the auxiliary forest, provided that 120.10temporary buildings, structures, or other fixtures of whatsoever kind located upon land 120.11within an auxiliary forest shall be valued and assessed as personal property and classified 120.12as class 3 under the general system of ad valorem taxation. In any proceeding for the 120.13making of a special improvement under the laws of this state by which any auxiliary forest 120.14will be benefited, the owner thereof may subject the lands therein to assessment therefor in 120.15the manner provided by law, by filing the owner's new text begin written new text end consent in writing to the making 120.16of the assessment in the tribunal in which the proceeding is pending, whereupon new text begin . new text end The lands 120.17shall for the purposes of the improvement and assessment new text begin not new text end be treated as lands not in an 120.18auxiliary forest; but the lien of any assessment so levied on lands in any auxiliary forest shall 120.19be new text begin is new text end subject to the provisions of the contract creating the auxiliary forest and subordinate 120.20to the lien of any tax imposed under the provisions of sections new text begin 88.49 new text end to 88.53. 120.21    Sec. 50. Minnesota Statutes 2014, section 88.51, subdivision 1, is amended to read: 120.22    Subdivision 1. Annual tax, ten cents per acre. new text begin (a) new text end From and after the filing of the 120.23contract creating any tract of land an auxiliary forest under sections new text begin 88.49 new text end to 88.53 120.24and hereafter upon any tract heretofore created as an auxiliary forest, the surface of the 120.25land therein, exclusive of mineral or anything of value thereunder, shall new text begin must new text end be taxed 120.26annually at the rate of 10 cents per acre. This tax shall new text begin must new text end be levied and collected new text begin , new text end and 120.27the payment thereof new text begin of the tax new text end , with penalties and interest, enforced in the same manner as 120.28other taxes on real estate, and shall new text begin must new text end be credited to the funds of the taxing districts 120.29affected in the proportion of their interest in the taxes on this land if it had not been so 120.30made an auxiliary forest; provided, that such tax shall be new text begin is new text end due in full on or before May 120.3131, after the levy thereof. Failure to pay when due any tax so levied shall be new text begin is new text end cause 120.32for cancellation of the contract. 120.33 new text begin (b) new text end The levy upon the land of the taxes provided for by section 88.49, subdivision 5, 120.34upon the cancellation of a contract, shall discharge and annul new text begin discharges and annuls new text end all 120.35unpaid taxes levied or assessed thereon new text begin on the land new text end . 121.1    Sec. 51. Minnesota Statutes 2014, section 88.51, subdivision 3, is amended to read: 121.2    Subd. 3. Determination of estimated market value. In determining the net tax 121.3capacity of property within any taxing district new text begin , new text end the value of the surface of lands within any 121.4auxiliary forest therein new text begin in the taxing district new text end , as determined by the county board under the 121.5provisions of section 88.48, subdivision 3, shall, for all purposes except the levying of 121.6taxes on lands within any such forest, be deemed the estimated market value thereof new text begin of new text end 121.7 new text begin those surface lands new text end . 121.8    Sec. 52. Minnesota Statutes 2014, section 88.52, subdivision 2, is amended to read: 121.9    Subd. 2. Examination, report. When any timber growing or standing in any 121.10auxiliary forest shall have become new text begin is new text end suitable for merchantable forest products, the 121.11commissioner shall, at the written request of the owner, a copy of which shall at the time be 121.12filed in the office of the county auditor, make an examination of the timber and designate 121.13for the owner the kind and number of trees most suitable to be cut if in the judgment of 121.14the commissioner there be any, and new text begin . new text end The cutting and removal of these new text begin designated new text end trees so 121.15designated shall new text begin must new text end be in accordance with the instructions of the commissioner. The 121.16commissioner shall inspect the cutting or removal and determine whether it or the manner 121.17of its performance constitute a violation of the terms of the contract creating the auxiliary 121.18forest or of the laws applicable thereto new text begin laws new text end , or of the instructions of the commissioner 121.19relative to the cutting and removal. Any such violation shall be new text begin is new text end ground for cancellation 121.20of the contract by the commissioner; otherwise the contract shall continue new text begin continues new text end in 121.21force for the remainder of the period therein stated new text begin in the contract new text end , regardless of the cutting 121.22and removal. Within 90 days after the completion of any cutting or removal operation, 121.23the commissioner shall make a report of findings thereon and transmit copies of such new text begin the new text end 121.24report to the county auditor and the surveyor general. 121.25    Sec. 53. Minnesota Statutes 2014, section 88.52, subdivision 3, is amended to read: 121.26    Subd. 3. Kinds, permit, scale report, assessment and payment of tax. (a) Upon 121.27the filing of the new text begin owner's written new text end request of the owner new text begin as provided in subdivision 2 new text end , the 121.28director of lands and forestry, with the county board or the county land commissioner, 121.29shall determine within 30 days the kinds, quantities, and value on the stump of the timber 121.30proposed to be cut. 121.31Before the cutting is to begin, the director of lands and forestry shall file with the 121.32county auditor a report showing the kinds, quantities new text begin , new text end and value of the timber proposed to 121.33be cut or removed and approved by the director of lands and forestry for cutting within 121.34two years after the date of approval of the report by the director of lands and forestry. The 122.1county auditor shall assess and levy the estimated yield tax thereon, make proper record 122.2of this assessment and levy in the auditor's office, and notify the owner of the auxiliary 122.3forest of the new text begin tax new text end amount thereof. The owner shall, before any timber in the forest is cut or 122.4removed, give a bond payable to the state of Minnesota, or in lieu thereof, new text begin a new text end deposit in 122.5cash with the county treasurer, in the amount required by the report, which shall be new text begin and new text end not 122.6less than 150 percent of the amount of the levy, conditioned for the payment of all taxes on 122.7the timber to be cut or removed. Upon receipt of notification from the county auditor that 122.8the bond or cash requirement has been deposited, the director of lands and forestry will 122.9issue a cutting permit in accordance with the report. The owner shall keep an accurate 122.10count or scale of all timber cut. On or before the fifteenth day of April new text begin 15 new text end following 122.11issuance of such new text begin the new text end cutting permit, and on or before the fifteenth day of April new text begin 15 new text end of each 122.12succeeding year in which any merchantable wood products were cut on auxiliary forest 122.13lands prior to the termination of such new text begin the new text end permit, the owner of the timber covered by the 122.14permit shall file with the director of lands and forestry a sworn statement, submitted in 122.15duplicate, on a form prepared by the director of lands and forestry, one copy of which 122.16shall new text begin must new text end be transmitted to the county auditor new text begin , new text end specifying the quantity and value of each 122.17variety of timber and kind of product cut during the preceding year ending on March 31, 122.18as shown by the scale or measurement thereof made on the ground as cut, skidded new text begin , new text end or 122.19loaded as the case may be. If no such scale or measurement shall have been new text begin was new text end made on 122.20the ground, an estimate thereof shall new text begin must new text end be made and such estimate corrected by the first 122.21scale or measurement, made in the due course of business, and such new text begin . The new text end correction new text begin must new text end 122.22at once new text begin be new text end filed with the director of lands and forestry who shall immediately transmit it to 122.23the county auditor. On or before the fifteenth day of May new text begin 15 new text end following the filing of the 122.24sworn statement covering the quantity and value of timber cut under an authorized permit, 122.25the auditor shall assess and levy a yield (severance) tax, according to new text begin Minnesota Statutes new text end 122.26 new text begin 2014, new text end section 88.51, subdivision 2, of the timber cut during the year ending on the March 122.2731st new text begin 31 new text end preceding the date of assessing and levying this tax. This tax is payable and must 122.28be paid to the county treasurer on or before new text begin the following new text end May 31 next following. Copies 122.29of the yield (severance) tax assessment and of the yield (severance) tax payment shall new text begin must new text end 122.30be filed with the director of lands and forestry and the county auditor. Except as otherwise 122.31provided, all yield (severance) taxes herein provided for shall new text begin must new text end be levied and collected new text begin , new text end 122.32and payment thereof, with penalties and interest, enforced in the same manner as taxes 122.33imposed under the provisions of section 88.51, subdivision 1, and shall new text begin must new text end be credited to 122.34the funds of the taxing districts affected in the proportion of their interests in the taxes on 122.35the land producing the yield (severance) tax. At any time On deeming it necessary new text begin , new text end the 122.36director of lands and forestry may order an inspection of any or all cutting areas within 123.1an auxiliary forest and also may require the owner of the auxiliary forest to produce for 123.2inspection by the director of lands and forestry of any or all cutting records pertaining to 123.3timber cutting operations within an auxiliary forest for the purpose of determining the 123.4accuracy of scale or measurement reports, and if intentional error in scale or measurement 123.5reports is found to exist, shall levy and assess a tax triple the yield (severance) tax on the 123.6stumpage value of the timber cut in excess of the quantity and value reported. 123.7(b) The following alternative method of assessing and paying annually the yield tax 123.8on an auxiliary forest is to be available to an auxiliary forest owner upon application and 123.9upon approval of the county board of the county within which the auxiliary forest is located. 123.10For auxiliary forests entered under this subdivision new text begin paragraph, new text end the county auditor 123.11shall assess and levy the yield tax by multiplying the acreage of each legal description 123.12included within the auxiliary forest by the acre quantity of the annual growth by species, 123.13calculated in cords, or in thousands of feet board measure Minnesota standard log scale 123.14rule, whichever is more reasonably usable, for the major species found in each type by 123.15the from year-to-year appraised stumpage prices for each of these species, used by the 123.16Division of Lands and Forestry, Department of Natural Resources, in selling trust fund 123.17timber located within the district in which the auxiliary forest is located. The assessed 123.18value of the annual growth of the auxiliary forest, thus determined, shall be new text begin is new text end subject to 123.19a ten percent of stumpage value yield tax, payable annually on or before May 31. In all 123.20other respects the assessment, levying and collection of the yield tax, as provided for in 123.21this subdivision shall new text begin must new text end follow the procedures specified in clause new text begin paragraph new text end (a). 123.22Forest owners operating under this subdivision shall be new text begin paragraph are new text end subject to all 123.23other provisions of the auxiliary forest law except such new text begin the new text end provisions of clause new text begin paragraph new text end 123.24(a) as new text begin that new text end are in conflict with this subdivision new text begin paragraph new text end . Penalties for intentional failure 123.25by the owner to report properly the quantity and value of the annual growth upon an 123.26auxiliary forest entered under this subdivision new text begin paragraph new text end and for failure to pay the yield 123.27tax when due shall be new text begin are new text end the same as the penalties specified in other subdivisions of this 123.28law for like failure to abide by its provisions. 123.29To qualify for the assessment and levying of the yield tax by this method, the 123.30owner of the forest requesting this method of taxation must submit a map or maps 123.31and a tabulation in acres and in quantity of growth by legal descriptions showing the 123.32division of the area covered by the auxiliary forest for which this method of taxation is 123.33requested into the following forest types, namely: white and Norway new text begin red new text end pine; jack pine; 123.34aspen-birch; spruce-balsam fir; swamp new text begin black new text end spruce; tamarack; cedar; upland hardwoods; 123.35lowland hardwoods; upland brush and grass (temporarily nonproductive); lowland brush 123.36(temporarily nonproductive); and permanently nonproductive (open bogs, stagnant 124.1swamps, rock outcrops, flowage, etc.). Definition of these types and determination of the 124.2average rate or rates of growth (in cords or thousand feet, board measure, Minnesota 124.3standard log scale rule, which ever new text begin whichever new text end is more logically applicable for each of 124.4them) shall new text begin must new text end be made by the director of the Division of Lands and Forestry, Minnesota 124.5Department of Natural Resources, with the advice and assistance of the land commissioner 124.6of the county in which the auxiliary forest is located; the director of the United States 124.7Forest Service's North Central Forest Experiment Station; and the director of the School of 124.8Forestry, University of Minnesota. Before the approval of the application of the owner of 124.9an auxiliary forest to have the auxiliary or proposed auxiliary forest taxed under provisions 124.10of this subdivision new text begin paragraph new text end is submitted to the county board new text begin , new text end the distribution between 124.11types of the area as shown on the maps and in the tabulations submitted by the owner of the 124.12auxiliary or proposed auxiliary forest shall new text begin must new text end be examined and their accuracy determined 124.13by the director of the Division of Lands and Forestry, Department of Natural Resources, 124.14with the assistance of the county board of the county in which the auxiliary forest is located. 124.15During the life of the auxiliary forest new text begin , new text end contract timber cutting operations within the 124.16various types shown upon the type map accepted as a part of the approved auxiliary forest 124.17application shall new text begin do new text end not bring about a reclassification of the forest types shown upon that 124.18map or those maps until after the passage of ten years following the termination of said new text begin the new text end 124.19timber cutting operations and then only upon proof of a change in type. 124.20    Sec. 54. Minnesota Statutes 2014, section 88.52, subdivision 4, is amended to read: 124.21    Subd. 4. Hearing, procedure. The owner of any land or timber upon which a yield 124.22tax is assessed and levied as provided in this section may, within 15 days after mailing 124.23of notice of the amount of the tax, file with the county auditor a demand for hearing 124.24thereon new text begin on the tax new text end before the county board. The county auditor shall thereupon fix a date 124.25of hearing, which shall new text begin must new text end be held within 30 days after the filing of the demand, and 124.26mail to the owner notice of the time and place of the hearing. The owner may appear at 124.27the meeting and present evidence and argument as to the amount of the tax and as to any 124.28 new text begin related new text end matter relating thereto. The county board shall thereupon determine whether the 124.29tax as levied is proper in amount and make its order thereon. The county auditor shall 124.30forthwith mail to the owner a notice of the order. If the amount of the tax is increased or 124.31reduced by the order, the county auditor shall make a supplemental assessment and levy 124.32thereof, as in this subdivision provided. 124.33    Sec. 55. Minnesota Statutes 2014, section 88.52, subdivision 5, is amended to read: 125.1    Subd. 5. Yield tax, a prior lien. Throughout the life of any such auxiliary forest new text begin , new text end 125.2the yield tax accruing thereon shall constitute and be new text begin yield tax constitutes and is new text end a first and 125.3prior lien upon all the merchantable timber and forest products growing or grown thereon; 125.4and, if not paid when due, this yield tax, together with penalties and interest thereon as 125.5otherwise provided by law and all expenses of collecting same, shall continue new text begin continues new text end to 125.6be a lien upon the timber and forest products and every part and parcel thereof wherever 125.7the same may be or however much changed in form or otherwise improved until the yield 125.8tax is fully paid. Such new text begin The new text end lien may be foreclosed and the property subject thereto new text begin to new text end 125.9 new text begin the lien new text end dealt with by action in the name of the state, brought by the county attorney at 125.10the request of the county auditor. 125.11    Sec. 56. Minnesota Statutes 2014, section 88.52, subdivision 6, is amended to read: 125.12    Subd. 6. Timber held exempt from yield tax. Timber cut from an auxiliary forest 125.13by an owner and used by the owner for fuel, fencing, or building on land occupied by the 125.14owner which is within or contiguous to the auxiliary forest where cut shall be new text begin is new text end exempt 125.15from the yield tax, and new text begin , new text end as to timber so cut and used new text begin , new text end the requirements of subdivisions 125.161 and 2 shall new text begin do new text end not be applicable and in lieu thereof new text begin apply. new text end The owner shall new text begin , new text end prior to 125.17cutting new text begin , new text end file with the county auditor, on a form prepared by the commissioner, a statement 125.18showing the quantity of each kind of forest products proposed to be cut and the purposes 125.19for which the same new text begin the products new text end will be used. 125.20    Sec. 57. Minnesota Statutes 2014, section 88.523, is amended to read: 125.2188.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL 125.22AGREEMENTS. 125.23Upon application of the owner, any auxiliary forest contract heretofore or hereafter 125.24executed may be made subject to any provisions of law enacted subsequent to the execution 125.25of the contract and in force at the time of application, so far as not already applicable, with 125.26the approval of the county board and the commissioner of natural resources. As evidence 125.27thereof A supplemental agreement in a form prescribed by the commissioner and approved 125.28by the attorney general shall new text begin must new text end be executed by the commissioner in behalf of the state 125.29and by the owner. Such new text begin The new text end supplemental agreement shall new text begin must new text end be filed and recorded in 125.30like manner as the original new text begin supplemental new text end contract new text begin under section 88.49, subdivision 9 new text end , and 125.31shall thereupon take new text begin takes new text end effect new text begin upon filing and recording new text end . 125.32    Sec. 58. Minnesota Statutes 2014, section 88.53, subdivision 1, is amended to read: 126.1    Subdivision 1. Time for disposal. Any corporation, association, or organization 126.2may acquire and hold any amount of land without restriction and without limit as to 126.3acreage or quantity for the purpose of including same within and holding same as an 126.4auxiliary forest under the provisions of sections to . When the same shall 126.5cease new text begin land ceases new text end to be an auxiliary forest new text begin , new text end the owners shall have five years within which 126.6to dispose of the land, any provisions of general law to the contrary notwithstanding. 126.7    Sec. 59. Minnesota Statutes 2014, section 88.53, subdivision 2, is amended to read: 126.8    Subd. 2. Rules. The director shall make rules and adopt and prescribe such forms 126.9and procedure as shall be new text begin is new text end necessary in carrying out the provisions of sections 88.47 126.10 new text begin 88.49 new text end to 88.53; and the director and every county board, county recorder, registrar of titles, 126.11assessor, tax collector, and every other person in official authority having any duties to 126.12perform under or growing out of sections new text begin 88.49 new text end to 88.53 are hereby severally vested 126.13with full power and authority to enforce such rules, employ help and assistance, acquire 126.14and use equipment and supplies, or do any other act or thing reasonably necessary to the 126.15proper performance of duties under or arising from the administration and enforcement of 126.16sections new text begin 88.49 new text end to 88.53. It shall be the duty of The director to new text begin must new text end cause periodic 126.17inspections to be made of all auxiliary forests for the purpose of determining whether 126.18 new text begin relative new text end contract and statutory provisions relative thereto are being complied with. 126.19    Sec. 60. Minnesota Statutes 2014, section 88.6435, subdivision 4, is amended to read: 126.20    Subd. 4. Forest bough account; disposition of fees. (a) The forest bough account 126.21is established in the state treasury within the natural resources fund. 126.22(b) Fees for permits issued under this section shall new text begin must new text end be deposited in the state 126.23treasury and credited to the forest bough account and, except for the electronic licensing 126.24system commission established by the commissioner under section 84.027, subdivision 126.2515 , are annually appropriated to the commissioner of natural resources for costs associated 126.26with balsam bough educational new text begin special forest product information and education new text end programs 126.27for harvesters and buyers. 126.28    Sec. 61. Minnesota Statutes 2014, section 90.14, is amended to read: 126.2990.14 AUCTION SALE PROCEDURE. 126.30(a) All state timber shall be offered and sold by the same unit of measurement as it 126.31was appraised. No tract shall be sold to any person other than the purchaser in whose name 126.32the bid was made. The commissioner may refuse to approve any and all bids received and 126.33cancel a sale of state timber for good and sufficient reasons. 127.1(b) The purchaser at any sale of timber shall, immediately upon the approval of the 127.2bid, or, if unsold at public auction, at the time of purchase at a subsequent sale under section 127.390.101 , subdivision 1, pay to the commissioner a down payment of 15 percent of the 127.4appraised value. In case any purchaser fails to make such payment, the purchaser shall be 127.5liable therefor to the state in a civil action, and the commissioner may reoffer the timber for 127.6sale as though no bid or sale under section 90.101, subdivision 1, therefor had been made. 127.7(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state 127.8timber may, at the time of payment by the purchaser to the commissioner of 15 percent 127.9of the appraised value, elect in writing on a form prescribed by the attorney general to 127.10purchase a permit based solely on the appraiser's estimate of the volume of timber described 127.11in the permit, provided that the commissioner has expressly designated the availability of 127.12such option for that tract on the list of tracts available for sale as required under section 127.1390.101 . A purchaser who elects in writing on a form prescribed by the attorney general 127.14to purchase a permit based solely on the appraiser's estimate of the volume of timber 127.15described on the permit does not have recourse to the provisions of section 90.281. 127.16(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall 127.17be awarded to the high bidder, who shall pay to the commissioner a down payment of 15 127.18percent of the appraised value that must be received or postmarked within 14 days of 127.19the date of the sealed bid opening. If a purchaser fails to make the down payment, the 127.20purchaser is liable for the down payment to the state and the commissioner may offer the 127.21timber for sale to the next highest bidder as though no higher bid had been made. 127.22(e) Except as otherwise provided by law, at the time the purchaser signs a permit 127.23issued under section 90.151, the commissioner shall require the purchaser to make a bid 127.24guarantee payment to the commissioner in an amount equal to 15 percent of the total 127.25purchase price of the permit less the down payment amount required by paragraph (b) 127.26for any bid increase in excess of $5,000 new text begin $10,000 new text end of the appraised value. If a required bid 127.27guarantee payment is not submitted with the signed permit, no harvesting may occur, the 127.28permit cancels, and the down payment for timber forfeits to the state. The bid guarantee 127.29payment forfeits to the state if the purchaser and successors in interest fail to execute 127.30an effective permit. 127.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective June 1, 2015, and applies to permits new text end 127.32 new text begin sold on or after that date. new text end 127.33    Sec. 62. Minnesota Statutes 2014, section 90.193, is amended to read: 127.3490.193 EXTENSION OF TIMBER PERMITS. 128.1The commissioner may, in the case of an exceptional circumstance beyond the 128.2control of the timber permit holder which makes it unreasonable, impractical, and not 128.3feasible to complete cutting and removal under the permit within the time allowed, grant 128.4one regular extension for one year. A written request for the regular extension must be 128.5received by the commissioner before the permit expires. The request must state the reason 128.6the extension is necessary and be signed by the permit holder. An interest rate of eight 128.7 new text begin five new text end percent may be charged for the period of extension. 128.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 128.9    Sec. 63. new text begin [92.83] CONDEMNATION OF SCHOOL TRUST LAND. new text end 128.10     new text begin Subdivision 1. new text end new text begin Purpose. new text end new text begin The purpose of this section is to extinguish the school trust new text end 128.11 new text begin interest in school trust lands where long-term economic return is prohibited by designation new text end 128.12 new text begin or policy while producing economic benefits for Minnesota's public schools. For the new text end 128.13 new text begin purposes of satisfying the Minnesota Constitution, article XI, section 8, which limits the new text end 128.14 new text begin sale of school trust lands to a public sale, the commissioner of natural resources shall new text end 128.15 new text begin acquire school trust lands through condemnation, as provided in subdivision 2. new text end 128.16     new text begin Subd. 2. new text end new text begin Commencement of condemnation proceedings. new text end new text begin When the commissioner new text end 128.17 new text begin of natural resources has determined sufficient money is available to acquire any of the new text end 128.18 new text begin lands identified under section 84.027, subdivision 18, paragraph (c), the commissioner new text end 128.19 new text begin shall proceed to extinguish the school trust interest by condemnation action. When new text end 128.20 new text begin requested by the commissioner, the attorney general shall commence condemnation of new text end 128.21 new text begin the identified school trust lands. new text end 128.22     new text begin Subd. 3. new text end new text begin Payment. new text end new text begin The portion of the payment of the award and judgment that new text end 128.23 new text begin is for the value of the land shall be deposited into the permanent school fund. The new text end 128.24 new text begin remainder of the award and judgment payment shall first be remitted for reimbursement new text end 128.25 new text begin to the accounts from which expenses were paid, with any remainder deposited into the new text end 128.26 new text begin permanent school fund. new text end 128.27     new text begin Subd. 4. new text end new text begin Account. new text end new text begin The school trust lands account is created in the state treasury. new text end 128.28 new text begin Money credited to the account is appropriated to the commissioner of natural resources new text end 128.29 new text begin for the purposes of this section. new text end 128.30    Sec. 64. Minnesota Statutes 2014, section 94.10, subdivision 2, is amended to read: 128.31    Subd. 2. Public sale requirements. (a) After complying with subdivision 1 and 128.32before any public sale of surplus state-owned land is made and at least 30 days before 128.33the sale, the commissioner of natural resources shall publish a notice of the sale in a 128.34newspaper of general distribution in the county in which the real property to be sold is 129.1situated. The notice shall specify the time and place at which the sale will commence, a 129.2general description of the lots or tracts to be offered, and a general statement of the terms 129.3of sale. The commissioner shall also provide electronic notice of sale. 129.4(b) The minimum bid for a parcel of land must include the estimated value or 129.5appraised value of the land and any improvements and, if any of the land is valuable for 129.6merchantable timber, the value of the merchantable timber. The minimum bid may include 129.7expenses incurred by the commissioner in rendering the property salable, including 129.8survey, appraisal, legal, advertising, and other expenses. 129.9(c) new text begin Except as provided under paragraph (d), new text end parcels remaining unsold after the 129.10offering may be sold to anyone agreeing to pay new text begin at least 75 percent of new text end the appraised 129.11value. The sale shall continue until all parcels are sold or until the commissioner orders a 129.12reappraisal or withdraws the remaining parcels from sale. 129.13 new text begin (d) The commissioner may retain the services of a licensed real estate broker to find new text end 129.14 new text begin a buyer for parcels remaining unsold after the offering. The sale price may be negotiated new text end 129.15 new text begin by the broker, but must not be less than 90 percent of the appraised value as determined by new text end 129.16 new text begin the commissioner. The broker's fee must be established by prior agreement between the new text end 129.17 new text begin commissioner and the broker and must not exceed ten percent of the sale price for sales of new text end 129.18 new text begin $10,000 or more. The broker's fee must be paid to the broker from the proceeds of the sale. new text end 129.19    Sec. 65. Minnesota Statutes 2014, section 94.16, subdivision 2, is amended to read: 129.20    Subd. 2. Payment of expenses. A portion of the proceeds from the sale equal 129.21in amount to the survey, appraisal, legal, advertising, new text begin real estate broker fee, new text end and other 129.22expenses incurred by the commissioner of natural resources in rendering the property 129.23salable new text begin and sold new text end shall be remitted to the account from which the expenses were paid, 129.24and are appropriated and immediately available for expenditure in the same manner as 129.25other money in the account. 129.26    Sec. 66. Minnesota Statutes 2014, section 94.16, subdivision 3, is amended to read: 129.27    Subd. 3. Proceeds from natural resources land. (a) Except as provided in 129.28paragraph new text begin paragraphs new text end (b) new text begin and (c) new text end , the remainder of the proceeds from the sale of lands 129.29 new text begin classified as a unit of the outdoor recreation system under section 86A.05 new text end that were under 129.30the control and supervision of the commissioner of natural resources shall be credited to 129.31the land acquisition account in the natural resources fund. 129.32    (b) The remainder of the proceeds from the sale of administrative sites under the 129.33control and supervision of the commissioner of natural resources shall be credited to the 129.34facilities management account established under section 84.0857 and used to acquire 130.1facilities or renovate existing buildings for administrative use or to acquire land for, 130.2design, and construct administrative buildings for the Department of Natural Resources. 130.3 new text begin (c) The remainder of the proceeds from the sale of land not within a unit of the new text end 130.4 new text begin outdoor recreation system under section 86A.05 and not an administrative site, but under new text end 130.5 new text begin the control and supervision of the commissioner of natural resources, shall be credited to new text end 130.6 new text begin the school trust lands account established under section 92.83. new text end 130.7    Sec. 67. Minnesota Statutes 2014, section 97A.055, subdivision 4b, is amended to read: 130.8    Subd. 4b. Citizen oversight committees. (a) The commissioner shall appoint 130.9committees of affected persons to review the reports prepared under subdivision 4; review 130.10the proposed work plans and budgets for the coming year; propose changes in policies, 130.11activities, and revenue enhancements or reductions; review other relevant information; 130.12and make recommendations to the legislature and the commissioner for improvements in 130.13the management and use of money in the game and fish fund. 130.14    (b) The commissioner shall appoint the following committees, each comprised 130.15of at least ten affected persons: 130.16    (1) a Fisheries Oversight Committee to review fisheries funding and expenditures, 130.17including activities related to trout and salmon stamps and walleye stamps; and 130.18    (2) a Wildlife Oversight Committee to review wildlife funding and expenditures, 130.19including activities related to migratory waterfowl, pheasant, and wild turkey management 130.20and deer and big game management. 130.21    (c) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight 130.22Committee, and four additional members from each committee, shall form a Budgetary 130.23Oversight Committee to coordinate the integration of the fisheries and wildlife oversight 130.24committee reports into an annual report to the legislature; recommend changes on a broad 130.25level in policies, activities, and revenue enhancements or reductions; and provide a forum 130.26to address issues that transcend the fisheries and wildlife oversight committees. 130.27    (d) The Budgetary Oversight Committee shall develop recommendations for a 130.28biennial budget plan and report for expenditures on game and fish activities. By August 15 130.29of each even-numbered year, the committee shall submit the budget plan recommendations 130.30to the commissioner and to the senate and house of representatives committees with 130.31jurisdiction over natural resources finance. 130.32    (e) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight 130.33Committee shall be chosen by their respective committees. The chair of the Budgetary 130.34Oversight Committee shall be appointed by the commissioner and may not be the chair of 130.35either of the other oversight committees. 131.1    (f) The Budgetary Oversight Committee may make recommendations to the 131.2commissioner and to the senate and house of representatives committees with jurisdiction 131.3over natural resources finance for outcome goals from expenditures. 131.4    (g) The committees authorized under this subdivision are not advisory councils or 131.5committees governed by section 15.059 and are not subject to section 15.059. Committee 131.6members appointed by the commissioner may request reimbursement for mileage 131.7expenses in the same manner and amount as authorized by the commissioner's plan 131.8adopted under section 43A.18, subdivision 2. Committee members must not receive daily 131.9compensation for oversight activities. The Fisheries Oversight Committee, the Wildlife 131.10Oversight Committee, and the Budgetary Oversight Committee expire June 30, 2015 new text begin 2020 new text end . 131.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 131.12    Sec. 68. Minnesota Statutes 2014, section 97B.668, is amended to read: 131.1397B.668 CANADA GEESE new text begin GAME BIRDS new text end CAUSING DAMAGE. 131.14Notwithstanding sections 97B.091 and 97B.805, subdivisions 1 and 2, a person or 131.15agent of that person on lands and nonpublic waters owned or operated by the person 131.16may nonlethally scare, haze, chase, or harass Canada geese new text begin game birds new text end that are causing 131.17property damage from March 11 to August 31 new text begin or to protect a disease risk at any time or new text end 131.18 new text begin place that a hunting season for the game birds is not open new text end . This section does not apply to 131.19public waters as defined under section 103G.005, subdivision 15, or new text begin . This section does not new text end 131.20 new text begin apply to migratory waterfowl on nests and other federally protected game birds on nests, new text end 131.21 new text begin except ducks and new text end geese on nests unless new text begin when new text end a permit is obtained under section 97A.401. 131.22    Sec. 69. Minnesota Statutes 2014, section 97C.301, is amended by adding a 131.23subdivision to read: 131.24     new text begin Subd. 2a. new text end new text begin Aquatic invasive species affirmation. new text end new text begin (a) A nonresident license to new text end 131.25 new text begin take fish issued under section 97A.475, subdivision 7, includes aquatic invasive species new text end 131.26 new text begin affirmation as provided in section 84D.106. new text end 131.27 new text begin (b) The aquatic invasive species affirmation portion of the license must be displayed new text end 131.28 new text begin with the signed nonresident license to take fish issued under section 97A.475, subdivision new text end 131.29 new text begin 7. The aquatic invasive species affirmation will be provided at the time of purchase of a new text end 131.30 new text begin new or duplicate nonresident license. new text end 131.31 new text begin (c) If a license is purchased online, the aquatic invasive species affirmation may be new text end 131.32 new text begin completed electronically as part of the online sales process, and the electronic record of new text end 131.33 new text begin the license sale is sufficient for documenting the affirmation. new text end 132.1 new text begin (d) Failure to complete the aquatic invasive species affirmation in this subdivision is new text end 132.2 new text begin subject to the penalty prescribed in section 84D.13, subdivision 5. new text end 132.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2016. new text end 132.4    Sec. 70. Minnesota Statutes 2014, section 103B.101, is amended by adding a 132.5subdivision to read: 132.6     new text begin Subd. 12a. new text end new text begin Authority to issue penalty orders. new text end new text begin (a) A county or watershed district new text end 132.7 new text begin with jurisdiction or the Board of Water and Soil Resources may issue an order requiring new text end 132.8 new text begin violations of the water resources riparian protection requirements under sections 103F.48, new text end 132.9 new text begin 103F.415, and 103F.421, to be corrected and administratively assessing monetary new text end 132.10 new text begin penalties up to $500 for noncompliance commencing on day one of the 11th month new text end 132.11 new text begin after the noncompliance notice was issued. One-half of the proceeds collected from an new text end 132.12 new text begin administrative penalty order issued under this section must be remitted to the county or new text end 132.13 new text begin watershed district with jurisdiction over the noncompliant site. new text end 132.14 new text begin (b) Administrative penalties may be reissued and appealed under paragraph (a) new text end 132.15 new text begin according to section 103F.48, subdivision 9. new text end 132.16    Sec. 71. Minnesota Statutes 2014, section 103B.101, is amended by adding a 132.17subdivision to read: 132.18     new text begin Subd. 16. new text end new text begin Wetland stakeholder coordination. new text end new text begin The board shall work with new text end 132.19 new text begin wetland stakeholders to foster mutual understanding and provide recommendations for new text end 132.20 new text begin improvements to the management of wetlands and related land and water resources, new text end 132.21 new text begin including recommendations for updating the Wetland Conservation Act, developing new text end 132.22 new text begin an in-lieu fee program as defined in section 103G.005, subdivision 10g, and related new text end 132.23 new text begin provisions. The board may convene informal working groups or work teams to provide new text end 132.24 new text begin information and education and to develop recommendations. new text end 132.25    Sec. 72. new text begin [103B.103] EASEMENT STEWARDSHIP ACCOUNTS. new text end 132.26     new text begin Subdivision 1. new text end new text begin Accounts established; sources. new text end new text begin (a) The water and soil conservation new text end 132.27 new text begin easement stewardship account and the mitigation easement stewardship account are new text end 132.28 new text begin created in the special revenue fund. The accounts consist of money credited to the new text end 132.29 new text begin accounts and interest and other earnings on money in the accounts. The State Board of new text end 132.30 new text begin Investment must manage the accounts to maximize long-term gain. new text end 132.31 new text begin (b) Revenue from contributions and money appropriated for any purposes of the new text end 132.32 new text begin account as described in subdivision 2 must be deposited in the water and soil conservation new text end 132.33 new text begin easement stewardship account. Revenue from contributions, wetland banking fees new text end 133.1 new text begin designated for stewardship purposes by the board, easement stewardship payments new text end 133.2 new text begin authorized under subdivision 3, and money appropriated for any purposes of the account new text end 133.3 new text begin as described in subdivision 2 must be deposited in the mitigation easement stewardship new text end 133.4 new text begin account. new text end 133.5     new text begin Subd. 2. new text end new text begin Appropriation; purposes of accounts. new text end new text begin Five percent of the balance on new text end 133.6 new text begin July 1 each year in the water and soil conservation easement stewardship account and new text end 133.7 new text begin five percent of the balance on July 1 each year in the mitigation easement stewardship new text end 133.8 new text begin account are annually appropriated to the board and may be spent only to cover the costs new text end 133.9 new text begin of managing easements held by the board, including costs associated with monitoring, new text end 133.10 new text begin landowner contacts, records storage and management, processing landowner notices, new text end 133.11 new text begin requests for approval or amendments, enforcement, and legal services associated with new text end 133.12 new text begin easement management activities. new text end 133.13     new text begin Subd. 3. new text end new text begin Financial contributions. new text end new text begin The board shall seek a financial contribution new text end 133.14 new text begin to the water and soil conservation easement stewardship account for each conservation new text end 133.15 new text begin easement acquired by the board. The board shall seek a financial contribution or assess an new text end 133.16 new text begin easement stewardship payment to the mitigation easement stewardship account for each new text end 133.17 new text begin wetland banking easement acquired by the board. Unless otherwise provided by law, new text end 133.18 new text begin the board shall determine the amount of the contribution or payment, which must be an new text end 133.19 new text begin amount calculated to earn sufficient money to meet the costs of managing the easement at new text end 133.20 new text begin a level that neither significantly overrecovers nor underrecovers the costs. In determining new text end 133.21 new text begin the amount of the financial contribution, the board shall consider: new text end 133.22 new text begin (1) the estimated annual staff hours needed to manage the conservation easement, new text end 133.23 new text begin taking into consideration factors such as easement type, size, location, and complexity; new text end 133.24 new text begin (2) the average hourly wages for the class or classes of state and local employees new text end 133.25 new text begin expected to manage the easement; new text end 133.26 new text begin (3) the estimated annual travel expenses to manage the easement; new text end 133.27 new text begin (4) the estimated annual miscellaneous costs to manage the easement, including new text end 133.28 new text begin supplies and equipment, information technology support, and aerial flyovers; new text end 133.29 new text begin (5) the estimated annualized costs of legal services, including the cost to enforce the new text end 133.30 new text begin easement in the event of a violation; and new text end 133.31 new text begin (6) the expected rate of return on investments in the account. new text end 133.32 new text begin EFFECTIVE DATE. new text end new text begin Subdivisions 1 and 2 of this section are effective the day new text end 133.33 new text begin following final enactment. Subdivision 3 of this section is effective for conservation new text end 133.34 new text begin easements acquired with money appropriated on or after July 1, 2015, and for acquisitions new text end 133.35 new text begin of conservation easements by gift or as a condition of approval for wetland mitigation as new text end 133.36 new text begin provided in Minnesota Rules, chapter 8420, that are initiated on or after July 1, 2015. new text end 134.1    Sec. 73. Minnesota Statutes 2014, section 103B.3355, is amended to read: 134.2103B.3355 WETLAND FUNCTIONS FOR DETERMINING PUBLIC 134.3VALUES. 134.4(a) The public values of wetlands must be determined based upon the functions of 134.5wetlands for: 134.6(1) water quality, including filtering of pollutants to surface and groundwater, 134.7utilization of nutrients that would otherwise pollute public waters, trapping of sediments, 134.8shoreline protection, and utilization of the wetland as a recharge area for groundwater; 134.9(2) floodwater and storm water retention, including the potential for flooding in 134.10the watershed, the value of property subject to flooding, and the reduction in potential 134.11flooding by the wetland; 134.12(3) public recreation and education, including hunting and fishing areas, wildlife 134.13viewing areas, and nature areas; 134.14(4) commercial uses, including wild rice and cranberry growing and harvesting 134.15and aquaculture; 134.16(5) fish, wildlife, native plant habitats; 134.17(6) low-flow augmentation; 134.18(7) carbon sequestration; and 134.19(8) other public uses. 134.20(b) The Board of Water and Soil Resources, in consultation with the commissioners of 134.21natural resources and agriculture and local government units, shall adopt rules establishing: 134.22(1) scientific methodologies for determining the functions of wetlands; and 134.23(2) criteria for determining the resulting public values of wetlands. 134.24(c) The methodologies and criteria established under this section or other 134.25methodologies and criteria that include the functions in paragraph (a) and are approved 134.26by the board, in consultation with the commissioners of natural resources and agriculture 134.27and local government units, must be used to determine the functions and resulting public 134.28values of wetlands in the state. The functions listed in paragraph (a) are not listed in 134.29order of priority. 134.30(d) Public value criteria established or approved by the board under this section do 134.31not apply in areas subject to local comprehensive wetland protection and management 134.32plans established under section 103G.2243. 134.33(e) The Board of Water and Soil Resources, in consultation with the commissioners 134.34of natural resources and agriculture and local government units, may new text begin must new text end identify regions 134.35 new text begin areas new text end of the state where preservation, enhancement, restoration, and establishment 134.36of wetlands would have high public value. The board, in consultation with the 135.1commissioners, may new text begin must new text end identify high priority wetland regions new text begin areas for wetland new text end 135.2 new text begin replacement new text end using available information relating to the factors listed in paragraph 135.3(a) new text begin , the historic loss and abundance of wetlands, current applicable state and local new text end 135.4 new text begin government water management and natural resource plans, and studies using a watershed new text end 135.5 new text begin approach to identify current and future watershed needs new text end . The board shall notify local 135.6units of government with water planning authority of these high priority regions new text begin areas. new text end 135.7 new text begin Designation of high priority areas is exempt from the rulemaking requirements of chapter new text end 135.8 new text begin 14, and section 14.386 does not apply. Designation of high priority areas is not effective new text end 135.9 new text begin until 30 days after publication in the State Register new text end . 135.10 new text begin (f) Local units of government, as part of a state-approved comprehensive local new text end 135.11 new text begin water management plan as defined in section 103B.3363, subdivision 3, a state-approved new text end 135.12 new text begin comprehensive watershed management plan as defined in section 103B.3363, subdivision new text end 135.13 new text begin 3a, or a state-approved local comprehensive wetland protection and management plan new text end 135.14 new text begin under section 103G.2243, may identify priority areas for wetland replacement and provide new text end 135.15 new text begin them for consideration under paragraph (e). new text end 135.16    Sec. 74. Minnesota Statutes 2014, section 103D.335, subdivision 21, is amended to 135.17read: 135.18    Subd. 21. Contracts. The managers may make contracts or other arrangements with 135.19the federal government, persons, railroads or other corporations, political subdivisions, 135.20and the state or other states, with drainage authorities, flood control, soil conservation, 135.21or other improvement districts in this state or other states, for cooperation or assistance 135.22in constructing, maintaining, and operating the projects of the watershed district, or for 135.23the control of its waters, or for making surveys and investigations or reports on them. 135.24 new text begin Property acquired for flood damage reduction purposes by the watershed district may be new text end 135.25 new text begin operated or leased by the district for agricultural purposes during periods the property is new text end 135.26 new text begin not needed for flood control, provided it remains subject to use by the watershed district new text end 135.27 new text begin as necessary for flood control purposes. Notwithstanding section 16A.695, revenue new text end 135.28 new text begin received by the watershed district from the operation or lease of state bond financed new text end 135.29 new text begin property acquired for flood control purposes shall be retained by the district in a separate new text end 135.30 new text begin project-specific account and used solely for flood control operation, maintenance, and new text end 135.31 new text begin replacement purposes within the related project area and, if the district determines that the new text end 135.32 new text begin account contains adequate reserves for future operation, maintenance, and replacement, new text end 135.33 new text begin any excess may be used for the construction, operation, maintenance, or replacement of new text end 135.34 new text begin other flood control projects as approved by the commissioner. new text end 136.1    Sec. 75. Minnesota Statutes 2014, section 103F.421, subdivision 4, is amended to read: 136.2    Subd. 4. Application for cost-sharing funds. The landowner has 90 days after a 136.3mediated settlement is filed new text begin complaint is substantiated new text end to apply for state cost-sharing funds 136.4that will provide 75 percent of the cost of the permanent conservation practices. Only 50 136.5 new text begin Fifty new text end percent of the cost share will be provided if the application is not made within 90 136.6days after the settlement is filed new text begin , unless the soil and water conservation district or the new text end 136.7 new text begin board provides an extension. An extension must be granted if funds are not available new text end . The 136.8landowner must apply for 50 percent of the cost share within 270 days after the mediated 136.9settlement is filed. 136.10    Sec. 76. Minnesota Statutes 2014, section 103F.421, is amended by adding a 136.11subdivision to read: 136.12     new text begin Subd. 6. new text end new text begin Application of state and federal law. new text end new text begin Nothing in this section is intended new text end 136.13 new text begin to preclude the application of other applicable state or federal law. new text end 136.14    Sec. 77. new text begin [103F.48] RIPARIAN PROTECTION AND WATER QUALITY new text end 136.15 new text begin PRACTICES. new text end 136.16     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For the purposes of this section, the following terms new text end 136.17 new text begin have the meanings given them. new text end 136.18 new text begin (b) "Board" means the Board of Water and Soil Resources. new text end 136.19 new text begin (c) "Buffer" means an area consisting of perennial vegetation, excluding invasive new text end 136.20 new text begin plants and noxious weeds, adjacent to all bodies of water within the state and that protects new text end 136.21 new text begin the water resources of the state from runoff pollution; stabilizes soils, shores, and banks; new text end 136.22 new text begin and protects or provides riparian corridors. new text end 136.23 new text begin (d) "Buffer protection map" means buffer maps established and maintained by the new text end 136.24 new text begin commissioner of natural resources. new text end 136.25 new text begin (e) "Commissioner" means the commissioner of natural resources. new text end 136.26 new text begin (f) "Executive director" means the executive director of the Board of Water and new text end 136.27 new text begin Soil Resources. new text end 136.28 new text begin (g) "Local water management authority" means a watershed district, metropolitan new text end 136.29 new text begin water management organization, or county operating separately or jointly in its role as new text end 136.30 new text begin local water management authority under chapter 103B or 103D. new text end 136.31 new text begin (h) "Normal water level" means the level evidenced by the long-term presence of new text end 136.32 new text begin surface water as indicated directly by hydrophytic plants or hydric soils or indirectly new text end 136.33 new text begin determined via hydrological models or analysis. new text end 136.34 new text begin (i) "Public waters" has the meaning given in section 103G.005, subdivision 15. new text end 137.1     new text begin Subd. 2. new text end new text begin Purpose. new text end new text begin It is the policy of the state to establish riparian buffers and new text end 137.2 new text begin water quality practices to: new text end 137.3 new text begin (1) protect state water resources from erosion and runoff pollution; new text end 137.4 new text begin (2) stabilize soils, shores, and banks; and new text end 137.5 new text begin (3) protect or provide riparian corridors. new text end 137.6     new text begin Subd. 3. new text end new text begin Water resources riparian protection requirements on public waters new text end 137.7 new text begin and public drainage systems. new text end new text begin (a) Except as provided in paragraph (b), landowners new text end 137.8 new text begin owning property adjacent to a water body identified and mapped on a buffer protection new text end 137.9 new text begin map must maintain a buffer to protect the state's water resources as follows: new text end 137.10 new text begin (1) for all public waters, the more restrictive of: new text end 137.11 new text begin (i) a 50-foot average width, 30-foot minimum width, continuous buffer of new text end 137.12 new text begin perennially rooted vegetation; or new text end 137.13 new text begin (ii) the state shoreland standards and criteria adopted by the commissioner under new text end 137.14 new text begin section 103F.211; and new text end 137.15 new text begin (2) for public drainage systems established under chapter 103E, a 16.5-foot new text end 137.16 new text begin minimum width continuous buffer of perennially rooted vegetation on ditches within the new text end 137.17 new text begin benefited area of public drainage systems. new text end 137.18 new text begin (b) A landowner owning property adjacent to a water body identified in a buffer new text end 137.19 new text begin protection map and whose property is used for cultivation farming may meet the new text end 137.20 new text begin requirements under paragraph (a) by adopting an alternative riparian water quality new text end 137.21 new text begin practice, or combination of structural, vegetative, and management practices, based on the new text end 137.22 new text begin Natural Resources Conservation Service Field Office Technical Guide or other practices new text end 137.23 new text begin approved by the board, that provide water quality protection comparable to the buffer new text end 137.24 new text begin protection for the water body that the property abuts. new text end 137.25 new text begin (c) The width of a buffer must be measured from the top or crown of the bank. Where new text end 137.26 new text begin there is no defined bank, measurement must be from the edge of the normal water level. new text end 137.27 new text begin (d) Upon request by a landowner or authorized agent or operator of a landowner, new text end 137.28 new text begin a technical professional employee or contractor of the soil and water conservation new text end 137.29 new text begin district or its delegate may issue a validation of compliance with the requirements of new text end 137.30 new text begin this subdivision. The soil and water conservation district validation may be appealed to new text end 137.31 new text begin the board as described in subdivision 9. new text end 137.32 new text begin (e) Buffers or alternative water quality practices required under paragraph (a) or new text end 137.33 new text begin (b) must be in place on or before: new text end 137.34 new text begin (1) November 1, 2017, for public waters; and new text end 137.35 new text begin (2) November 1, 2018, for public drainage systems. new text end 138.1     new text begin Subd. 4. new text end new text begin Local water resources riparian protection. new text end new text begin On or before July 1, 2017, new text end 138.2 new text begin the soil and water conservation district shall develop, adopt, and submit to each local new text end 138.3 new text begin water management authority within its boundary a summary of watercourses for inclusion new text end 138.4 new text begin in the local water management authority's plan. A local water management authority that new text end 138.5 new text begin receives a summary of watercourses identified under this subdivision must revise its new text end 138.6 new text begin comprehensive local water management plan or comprehensive watershed management new text end 138.7 new text begin plan to incorporate the soil and water conservation district recommendations. new text end 138.8     new text begin Subd. 5. new text end new text begin Exemptions. new text end new text begin Land adjacent to waters subject to subdivision 3 is exempt new text end 138.9 new text begin from the water resource protection requirements under subdivision 3, to the extent these new text end 138.10 new text begin exemptions are not inconsistent with the requirements of the state shoreland rules adopted new text end 138.11 new text begin by the commissioner pursuant to section 103F.211, if it is: new text end 138.12 new text begin (1) enrolled in the federal Conservation Reserve Program; new text end 138.13 new text begin (2) used as a public or private water access or recreational use area including new text end 138.14 new text begin stairways, landings, picnic areas, access paths, beach and watercraft access areas, and new text end 138.15 new text begin permitted water-oriented structures as provided in the shoreland model standards and new text end 138.16 new text begin criteria adopted pursuant to section 103F.211 or as provided for in an approved local new text end 138.17 new text begin government shoreland ordinance; new text end 138.18 new text begin (3) covered by a road, trail, building, or other structures; or new text end 138.19 new text begin (4) regulated by a national pollutant discharge elimination system/state disposal new text end 138.20 new text begin system (NPDES/SDS) permit under Minnesota Rules, chapter 7090, and provides water new text end 138.21 new text begin resources riparian protection, in any of the following categories: new text end 138.22 new text begin (i) municipal separate storm sewer system (MS4); new text end 138.23 new text begin (ii) construction storm water (CSW); or new text end 138.24 new text begin (iii) industrial storm water (ISW); new text end 138.25 new text begin (5) part of a water-inundation cropping system; or new text end 138.26 new text begin (6) in a temporary nonvegetated condition due to drainage tile installation and new text end 138.27 new text begin maintenance, alfalfa or other perennial crop or plant seeding, or construction or new text end 138.28 new text begin conservation projects authorized by a federal, state, or local government unit. new text end 138.29     new text begin Subd. 6. new text end new text begin Local implementation and assistance. new text end new text begin (a) Soil and water conservation new text end 138.30 new text begin districts must assist landowners with implementation of the water resource riparian new text end 138.31 new text begin protection requirements established in this section. For the purposes of this subdivision, new text end 138.32 new text begin assistance includes planning, technical assistance, implementation of approved alternative new text end 138.33 new text begin practices, and tracking progress towards compliance with the requirements. new text end 138.34 new text begin (b) The commissioner or the board must provide sufficient funding to soil and water new text end 138.35 new text begin conservation districts to implement this section. new text end 139.1     new text begin Subd. 7. new text end new text begin Corrective actions. new text end new text begin (a) If the soil and water conservation district new text end 139.2 new text begin determines a landowner is not in compliance with this section, the district must notify the new text end 139.3 new text begin county or watershed district with jurisdiction over the noncompliant site. The county or new text end 139.4 new text begin watershed district must provide the landowner with a list of corrective actions needed to new text end 139.5 new text begin come into compliance and a practical timeline to meet the requirements in this section. new text end 139.6 new text begin The county or watershed district with jurisdiction must provide a copy of the corrective new text end 139.7 new text begin action notice to the board. new text end 139.8 new text begin (b) If the landowner does not comply with the list of actions and timeline provided, new text end 139.9 new text begin the county or watershed district may enforce this section under the authority granted in new text end 139.10 new text begin section 103B.101, subdivision 12a. Before exercising this authority, a county or watershed new text end 139.11 new text begin district must adopt a plan containing procedures for the issuance of administrative penalty new text end 139.12 new text begin orders and may issue orders beginning November 1, 2017. If a county or watershed new text end 139.13 new text begin district with jurisdiction over the noncompliant site has not adopted a plan under this new text end 139.14 new text begin paragraph, the board may enforce this section under the authority granted in section new text end 139.15 new text begin 103B.101, subdivision 12a. new text end 139.16 new text begin (c) If the county, watershed district, or board determines that sufficient steps have new text end 139.17 new text begin been taken to fully resolve noncompliance, all or part of the penalty may be forgiven. new text end 139.18 new text begin (d) An order issued under paragraph (b) may be appealed to the board as provided new text end 139.19 new text begin under subdivision 9. new text end 139.20 new text begin (e) A corrective action is not required for conditions resulting from a flood or other new text end 139.21 new text begin act of nature. new text end 139.22 new text begin (f) A landowner agent or operator of a landowner may not remove or willfully degrade new text end 139.23 new text begin a riparian buffer or water quality practice, wholly or partially, unless the agent or operator new text end 139.24 new text begin has obtained a signed statement from the property owner stating that the permission for the new text end 139.25 new text begin work has been granted by the unit of government authorized to approve the work in this new text end 139.26 new text begin section or that a buffer or water quality practice is not required as validated by the soil and new text end 139.27 new text begin water conservation district. Removal or willful degradation of a riparian buffer or water new text end 139.28 new text begin quality practice, wholly or partially, by an agent or operator is a separate and independent new text end 139.29 new text begin offense and may be subject to the corrective actions and penalties in this subdivision. new text end 139.30     new text begin Subd. 8. new text end new text begin Funding subject to withholding. new text end new text begin The state may withhold funding from a new text end 139.31 new text begin local water management authority or a soil and water conservation district that fails to new text end 139.32 new text begin implement this section. Funding subject to withholding includes soil and water program new text end 139.33 new text begin aid, a natural resources block grant, and other project or program funding. Funding may new text end 139.34 new text begin be restored upon the board's approval of a corrective action plan. new text end 139.35     new text begin Subd. 9. new text end new text begin Appeals of validations and penalty orders. new text end new text begin A landowner or agent or new text end 139.36 new text begin operator may appeal the terms and conditions of a soil and water conservation district new text end 140.1 new text begin validation or an administrative penalty order to the board within 30 days of receipt of new text end 140.2 new text begin written or electronic notice of the validation or order. The request for appeal must be in new text end 140.3 new text begin writing. The appealing party must provide a copy of the validation or order that is being new text end 140.4 new text begin appealed, the basis for the appeal, and any supporting evidence. The request for appeal new text end 140.5 new text begin may be submitted personally, by first class mail, or electronically to the executive director. new text end 140.6 new text begin If a written or electronic request for appeal is not submitted within 30 days, the validation new text end 140.7 new text begin or order is final. The executive director shall review the request and supporting evidence new text end 140.8 new text begin and issue a decision within 60 days of receipt of an appeal. The executive director's new text end 140.9 new text begin decision is appealable directly to the Court of Appeals pursuant to sections 14.63 to 14.69. new text end 140.10     new text begin Subd. 10. new text end new text begin Landowner financial assistance and public drainage system procedure. new text end 140.11 new text begin (a) A landowner or drainage authority may contact the soil and water conservation district new text end 140.12 new text begin for information on how to apply for local, state, or federal cost-share grants, contracts, or new text end 140.13 new text begin loans that are available to establish buffers or other water resource protection measures. new text end 140.14 new text begin (b) The provisions of sections 103E.011, subdivision 5; 103E.021, subdivision 6; new text end 140.15 new text begin and 103E.715 may be used in advance or retroactively to acquire or provide compensation new text end 140.16 new text begin for all or part of the buffer strip establishment or alternative riparian water quality new text end 140.17 new text begin practices as required under subdivision 3, paragraph (a), within the benefited area of a new text end 140.18 new text begin public drainage system. Implementation of this subdivision is not subject to limitation of new text end 140.19 new text begin project costs to the current benefits adopted for the drainage system. new text end 140.20     new text begin Subd. 11. new text end new text begin State lands. new text end new text begin This section applies to the state and its departments and new text end 140.21 new text begin agencies. new text end 140.22    Sec. 78. Minnesota Statutes 2014, section 103F.612, subdivision 2, is amended to read: 140.23    Subd. 2. Application. (a) A wetland owner may apply to the county where a 140.24wetland is located for designation of a wetland preservation area in a high priority wetland 140.25area identified in a comprehensive local water plan, as defined in section 103B.3363, 140.26subdivision 3 , and located within a high priority wetland region designated by the Board 140.27of Water and Soil Resources, if the county chooses to accept wetland preservation area 140.28applications. The application must be made on forms provided by the board. If a wetland 140.29is located in more than one county, the application must be submitted to the county where 140.30the majority of the wetland is located. 140.31(b) The application shall be executed and acknowledged in the manner required 140.32by law to execute and acknowledge a deed and must contain at least the following 140.33information and other information the Board of Water and Soil Resources requires: 141.1(1) legal description of the area to be approved, which must include an upland strip 141.2at least 16-1/2 feet in width around the perimeter of wetlands within the area and may 141.3include total upland area of up to four acres for each acre of wetland; 141.4(2) parcel identification numbers where designated by the county auditor; 141.5(3) name and address of the owner; 141.6(4) a statement by the owner covenanting that the land will be preserved as a wetland 141.7and will only be used in accordance with conditions prescribed by the Board of Water and 141.8Soil Resources and providing that the restrictive covenant will be binding on the owner 141.9and the owner's successors or assigns, and will run with the land. 141.10(c) The upland strip required in paragraph (b), clause (1), must be planted with 141.11permanent vegetation other than a noxious weed. 141.12    Sec. 79. Minnesota Statutes 2014, section 103G.005, is amended by adding a 141.13subdivision to read: 141.14     new text begin Subd. 10g. new text end new text begin In-lieu fee program. new text end new text begin "In-lieu fee program" means a program in which new text end 141.15 new text begin wetland replacement requirements of section 103G.222 are satisfied through payment of new text end 141.16 new text begin money to the board or a board-approved sponsor to develop replacement credits according new text end 141.17 new text begin to section 103G.2242, subdivision 12. new text end 141.18    Sec. 80. Minnesota Statutes 2014, section 103G.222, subdivision 1, is amended to read: 141.19    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or 141.20partially, unless replaced by restoring or creating wetland areas of new text begin actions that provide new text end 141.21at least equal public value under a replacement plan approved as provided in section 141.22103G.2242 , a replacement plan under a local governmental unit's comprehensive wetland 141.23protection and management plan approved by the board under section 103G.2243, or, if a 141.24permit to mine is required under section 93.481, under a mining reclamation plan approved 141.25by the commissioner under the permit to mine. For project-specific wetland replacement 141.26completed prior to wetland impacts authorized or conducted under a permit to mine within 141.27the Great Lakes and Rainy River watershed basins, those basins shall be considered a single 141.28watershed for purposes of determining wetland replacement ratios. Mining reclamation 141.29plans shall apply the same principles and standards for replacing wetlands by restoration 141.30or creation of wetland areas that are applicable to mitigation plans approved as provided 141.31in section 103G.2242. Public value must be determined in accordance with section 141.32103B.3355 or a comprehensive wetland protection and management plan established 141.33under section 103G.2243. Sections 103G.221 to 103G.2372 also apply to excavation in 141.34permanently and semipermanently flooded areas of types 3, 4, and 5 wetlands. 142.1    (b) Replacement must be guided by the following principles in descending order 142.2of priority: 142.3    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish 142.4the wetland; 142.5    (2) minimizing the impact by limiting the degree or magnitude of the wetland 142.6activity and its implementation; 142.7    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected 142.8wetland environment; 142.9    (4) reducing or eliminating the impact over time by preservation and maintenance 142.10operations during the life of the activity; 142.11    (5) compensating for the impact by restoring a wetland; and 142.12    (6) compensating for the impact by replacing or providing substitute wetland 142.13resources or environments. 142.14    For a project involving the draining or filling of wetlands in an amount not exceeding 142.1510,000 square feet more than the applicable amount in section 103G.2241, subdivision 9, 142.16paragraph (a), the local government unit may make an on-site sequencing determination 142.17without a written alternatives analysis from the applicant. 142.18    (c) If a wetland is located in a cultivated field, then replacement must be accomplished 142.19through restoration only without regard to the priority order in paragraph (b), provided 142.20that the altered wetland is not converted to a nonagricultural use for at least ten years. 142.21    (d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241, 142.22subdivision 2 , paragraph (b) or (e), the local government unit may require a deed 142.23restriction that prohibits nonagricultural use for at least ten years. The local government 142.24unit may require the deed restriction if it determines the wetland area drained is at risk of 142.25conversion to a nonagricultural use within ten years based on the zoning classification, 142.26proximity to a municipality or full service road, or other criteria as determined by the 142.27local government unit. 142.28    (e) Restoration and replacement of wetlands must be accomplished in accordance 142.29with the ecology of the landscape area affected and ponds that are created primarily to 142.30fulfill storm water management, and water quality treatment requirements may not be 142.31used to satisfy replacement requirements under this chapter unless the design includes 142.32pretreatment of runoff and the pond is functioning as a wetland. 142.33    (f) Except as provided in paragraph (g), for a wetland or public waters wetland 142.34located on nonagricultural land, replacement must be in the ratio of two acres of replaced 142.35wetland for each acre of drained or filled wetland. 143.1    (g) For a wetland or public waters wetland located on agricultural land or in a greater 143.2than 80 percent area, replacement must be in the ratio of one acre of replaced wetland 143.3for each acre of drained or filled wetland. 143.4    (h) Wetlands that are restored or created as a result of an approved replacement plan 143.5are subject to the provisions of this section for any subsequent drainage or filling. 143.6    (i) Except in a greater than 80 percent area, only wetlands that have been 143.7restored from previously drained or filled wetlands, wetlands created by excavation in 143.8nonwetlands, wetlands created by dikes or dams along public or private drainage ditches, 143.9or wetlands created by dikes or dams associated with the restoration of previously 143.10drained or filled wetlands may be used in a statewide banking program established in new text begin for new text end 143.11 new text begin wetland replacement according to new text end rules adopted under section 103G.2242, subdivision 1. 143.12Modification or conversion of nondegraded naturally occurring wetlands from one type to 143.13another are not eligible for enrollment in a statewide wetlands bank new text begin wetland replacement new text end . 143.14    (j) The Technical Evaluation Panel established under section 103G.2242, subdivision 143.152 , shall ensure that sufficient time has occurred for the wetland to develop wetland 143.16characteristics of soils, vegetation, and hydrology before recommending that the wetland 143.17be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason 143.18to believe that the wetland characteristics may change substantially, the panel shall 143.19postpone its recommendation until the wetland has stabilized. 143.20    (k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 143.21apply to the state and its departments and agencies. 143.22    (l) For projects involving draining or filling of wetlands associated with a new public 143.23transportation project, and for projects expanded solely for additional traffic capacity, 143.24public transportation authorities may purchase credits from the board at the cost to the 143.25board to establish credits. Proceeds from the sale of credits provided under this paragraph 143.26are appropriated to the board for the purposes of this paragraph. For the purposes of this 143.27paragraph, "transportation project" does not include an airport project. 143.28    (m) A replacement plan for wetlands is not required for individual projects that 143.29result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, 143.30or replacement of a currently serviceable existing state, city, county, or town public road 143.31necessary, as determined by the public transportation authority, to meet state or federal 143.32design or safety standards or requirements, excluding new roads or roads expanded solely 143.33for additional traffic capacity lanes. This paragraph only applies to authorities for public 143.34transportation projects that: 143.35    (1) minimize the amount of wetland filling or draining associated with the project 143.36and consider mitigating important site-specific wetland functions on site; 144.1    (2) except as provided in clause (3), submit project-specific reports to the board, the 144.2Technical Evaluation Panel, the commissioner of natural resources, and members of the 144.3public requesting a copy at least 30 days prior to construction that indicate the location, 144.4amount, and type of wetlands to be filled or drained by the project or, alternatively, 144.5convene an annual meeting of the parties required to receive notice to review projects to 144.6be commenced during the upcoming year; and 144.7    (3) for minor and emergency maintenance work impacting less than 10,000 square 144.8feet, submit project-specific reports, within 30 days of commencing the activity, to the board 144.9that indicate the location, amount, and type of wetlands that have been filled or drained. 144.10    Those required to receive notice of public transportation projects may appeal 144.11minimization, delineation, and on-site mitigation decisions made by the public 144.12transportation authority to the board according to the provisions of section 103G.2242, 144.13subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation 144.14decisions made by the public transportation authority and provide recommendations 144.15regarding on-site mitigation if requested to do so by the local government unit, a 144.16contiguous landowner, or a member of the Technical Evaluation Panel. 144.17    Except for state public transportation projects, for which the state Department of 144.18Transportation is responsible, the board must replace the wetlands, and wetland areas of 144.19public waters if authorized by the commissioner or a delegated authority, drained or filled 144.20by public transportation projects on existing roads. 144.21    Public transportation authorities at their discretion may deviate from federal and 144.22state design standards on existing road projects when practical and reasonable to avoid 144.23wetland filling or draining, provided that public safety is not unreasonably compromised. 144.24The local road authority and its officers and employees are exempt from liability for 144.25any tort claim for injury to persons or property arising from travel on the highway and 144.26related to the deviation from the design standards for construction or reconstruction under 144.27this paragraph. This paragraph does not preclude an action for damages arising from 144.28negligence in construction or maintenance on a highway. 144.29    (n) If a landowner seeks approval of a replacement plan after the proposed project 144.30has already affected the wetland, the local government unit may require the landowner to 144.31replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise 144.32required. 144.33    (o) A local government unit may request the board to reclassify a county or 144.34watershed on the basis of its percentage of presettlement wetlands remaining. After 144.35receipt of satisfactory documentation from the local government, the board shall change 144.36the classification of a county or watershed. If requested by the local government unit, 145.1the board must assist in developing the documentation. Within 30 days of its action to 145.2approve a change of wetland classifications, the board shall publish a notice of the change 145.3in the Environmental Quality Board Monitor. 145.4    (p) One hundred citizens who reside within the jurisdiction of the local government 145.5unit may request the local government unit to reclassify a county or watershed on the basis 145.6of its percentage of presettlement wetlands remaining. In support of their petition, the 145.7citizens shall provide satisfactory documentation to the local government unit. The local 145.8government unit shall consider the petition and forward the request to the board under 145.9paragraph (o) or provide a reason why the petition is denied. 145.10    Sec. 81. Minnesota Statutes 2014, section 103G.222, subdivision 3, is amended to read: 145.11    Subd. 3. Wetland replacement siting. (a) Impacted wetlands in a 50 to 80 percent 145.12area must be replaced in a 50 to 80 percent area or in a less than 50 percent area. Impacted 145.13wetlands in a less than 50 percent area must be replaced in a less than 50 percent area. 145.14All wetland replacement must follow this priority order: 145.15    (1) on site or in the same minor watershed as the impacted wetland; 145.16    (2) in the same watershed as the impacted wetland; 145.17    (3) in the same county or wetland bank service area as the impacted wetland; new text begin and new text end 145.18    (4) in another wetland bank service area; and new text begin . new text end 145.19    (5) statewide for public transportation projects, except that wetlands impacted in 145.20less than 50 percent areas must be replaced in less than 50 percent areas, and wetlands 145.21impacted in the seven-county metropolitan area must be replaced at a ratio of two to one in: 145.22(i) the affected county or, (ii) in another of the seven metropolitan counties, or (iii) in one 145.23of the major watersheds that are wholly or partially within the seven-county metropolitan 145.24area, but at least one to one must be replaced within the seven-county metropolitan area. 145.25    (b) The exception in paragraph (a), clause (5), does not apply to replacement 145.26completed using wetland banking credits established by a person who submitted a 145.27complete wetland banking application to a local government unit by April 1, 1996. 145.28 new text begin (b) Notwithstanding paragraph (a), wetland banking credits approved according to new text end 145.29 new text begin a complete wetland banking application submitted to a local government unit by April new text end 145.30 new text begin 1, 1996, may be used to replace wetland impacts resulting from public transportation new text end 145.31 new text begin projects statewide. new text end 145.32     new text begin (c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for new text end 145.33 new text begin replacement by wetland banking begins at paragraph (a), clause (3), according to rules new text end 145.34 new text begin adopted under section 103G.2242, subdivision 1. new text end 146.1    (c) new text begin (d) new text end When reasonable, practicable, and environmentally beneficial replacement 146.2opportunities are not available in siting priorities listed in paragraph (a), the applicant 146.3may seek opportunities at the next level. 146.4    (d) new text begin (e) new text end For the purposes of this section, "reasonable, practicable, and environmentally 146.5beneficial replacement opportunities" are defined as opportunities that: 146.6    (1) take advantage of naturally occurring hydrogeomorphological conditions and 146.7require minimal landscape alteration; 146.8    (2) have a high likelihood of becoming a functional wetland that will continue 146.9in perpetuity; 146.10    (3) do not adversely affect other habitat types or ecological communities that are 146.11important in maintaining the overall biological diversity of the area; and 146.12    (4) are available and capable of being done after taking into consideration cost, 146.13existing technology, and logistics consistent with overall project purposes. 146.14    (e) Applicants and local government units shall rely on board-approved 146.15comprehensive inventories of replacement opportunities and watershed conditions, 146.16including the Northeast Minnesota Wetland Mitigation Inventory and Assessment (January 146.172010), in determining whether reasonable, practicable, and environmentally beneficial 146.18replacement opportunities are available. 146.19    (f) Regulatory agencies, local government units, and other entities involved in 146.20wetland restoration shall collaborate to identify potential replacement opportunities within 146.21their jurisdictional areas. 146.22     new text begin (g) The board must establish wetland replacement ratios and wetland bank service new text end 146.23 new text begin area priorities to implement the siting and targeting of wetland replacement and encourage new text end 146.24 new text begin the use of high priority areas for wetland replacement. new text end 146.25    Sec. 82. Minnesota Statutes 2014, section 103G.2242, subdivision 1, is amended to 146.26read: 146.27    Subdivision 1. Rules. (a) The board, in consultation with the commissioner, shall 146.28adopt rules governing the approval of wetland value replacement plans under this section 146.29and public waters work permits affecting public waters wetlands under section 103G.245. 146.30These rules must address the criteria, procedure, timing, and location of acceptable 146.31replacement of wetland values; new text begin and new text end may address the state establishment and administration 146.32of a wetland banking program for public and private projects, which may include new text begin including new text end 146.33provisions allowing monetary payment to the wetland banking program for alteration of 146.34wetlands on agricultural land new text begin for an in-lieu fee program new text end ; the administrative, monitoring, and 146.35enforcement procedures to be used; and a procedure for the review and appeal of decisions 147.1under this section. In the case of peatlands, the replacement plan rules must consider the 147.2impact on carbon balance described in the report required by Laws 1990, chapter 587, and 147.3include the planting of trees or shrubs. new text begin Any in-lieu fee program established by the board new text end 147.4 new text begin must conform with Code of Federal Regulations, title 33, section 332.8, as amended. new text end 147.5(b) After the adoption of the rules, a replacement plan must be approved by a 147.6resolution of the governing body of the local government unit, consistent with the 147.7provisions of the rules or a comprehensive wetland protection and management plan 147.8approved under section 103G.2243. 147.9(c) If the local government unit fails to apply the rules, or fails to implement a 147.10local comprehensive wetland protection and management plan established under section 147.11103G.2243 , the government unit is subject to penalty as determined by the board. 147.12    Sec. 83. Minnesota Statutes 2014, section 103G.2242, subdivision 2, is amended to 147.13read: 147.14    Subd. 2. Evaluation. (a) Questions concerning the public value, location, size, 147.15or type of a wetland shall be submitted to and determined by a Technical Evaluation 147.16Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of 147.17a technical professional employee of the board, a technical professional employee of 147.18the local soil and water conservation district or districts, a technical professional with 147.19expertise in water resources management appointed by the local government unit, and 147.20a technical professional employee of the Department of Natural Resources for projects 147.21affecting public waters or wetlands adjacent to public waters. The panel shall use the 147.22"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987), 147.23including updates, supplementary guidance, and replacements, if any, "Wetlands of 147.24the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition), 147.25and "Classification of Wetlands and Deepwater Habitats of the United States" (1979 147.26edition). The panel shall provide the wetland determination and recommendations on 147.27other technical matters to the local government unit that must approve a replacement plan, 147.28wetland banking plan new text begin sequencing new text end , exemption determination, no-loss determination, or 147.29wetland boundary or type determination and may recommend approval or denial of the 147.30plan. The authority must consider and include the decision of the Technical Evaluation 147.31Panel in their approval or denial of a plan or determination. 147.32    (b) Persons conducting wetland or public waters boundary delineations or type 147.33determinations are exempt from the requirements of chapter 326. The board may develop 147.34a professional wetland delineator certification program. 148.1 new text begin (c) The board must establish an interagency team to assist in identifying and new text end 148.2 new text begin evaluating potential wetland replacement sites. The team must consist of members new text end 148.3 new text begin of the Technical Evaluation Panel and representatives from the Department of Natural new text end 148.4 new text begin Resources; the Pollution Control Agency; the United States Army Corps of Engineers, St. new text end 148.5 new text begin Paul district; and other organizations as determined by the board. new text end 148.6    Sec. 84. Minnesota Statutes 2014, section 103G.2242, subdivision 3, is amended to 148.7read: 148.8    Subd. 3. Replacement completion. new text begin (a) new text end Replacement of wetland values must be 148.9completed prior to or concurrent with the actual draining or filling of a wetland, unless new text begin : new text end 148.10 new text begin (1) new text end an irrevocable bank letter of credit or other security new text begin financial assurance new text end 148.11acceptable to the local government unit or the board is given to the local government unit 148.12or the board to guarantee the successful completion of the replacement. new text begin ; or new text end 148.13 new text begin (2) the replacement is approved under an in-lieu fee program according to rules new text end 148.14 new text begin adopted under subdivision 1. In the case of an in-lieu fee program established by a new text end 148.15 new text begin board-approved sponsor, the board may require that a financial assurance in an amount new text end 148.16 new text begin and method acceptable to the board be given to the board to ensure the approved sponsor new text end 148.17 new text begin fulfills the sponsor's obligation to complete the required wetland replacement. new text end 148.18The board may establish, sponsor, or administer a wetland banking program, which 148.19may include provisions allowing monetary payment to the wetland bank for impacts to 148.20wetlands on agricultural land, for impacts that occur in greater than 80 percent areas, and 148.21for public road projects. new text begin (b) The board may acquire land in fee title, purchase or accept new text end 148.22 new text begin easements, enter into agreements, and purchase existing wetland replacement credits to new text end 148.23 new text begin facilitate the wetland banking program. The board may establish in-lieu fee payment new text end 148.24 new text begin amounts and hold money in an account in the special revenue fund, which is appropriated new text end 148.25 new text begin to the board to be used solely for establishing replacement wetlands and administering the new text end 148.26 new text begin wetland banking program. new text end 148.27 new text begin (c) new text end The board shall coordinate the establishment and operation of a wetland bank 148.28with the United States Army Corps of Engineers, the Natural Resources Conservation 148.29Service of the United States Department of Agriculture, and the commissioners of natural 148.30resources, agriculture, and the Pollution Control Agency. 148.31    Sec. 85. Minnesota Statutes 2014, section 103G.2242, subdivision 4, is amended to 148.32read: 148.33    Subd. 4. Decision. Upon receiving and considering all required data, the local 148.34government unit reviewing replacement plan applications, banking plan new text begin sequencing new text end 149.1applications, and exemption or no-loss determination requests must act on all replacement 149.2plan applications, banking plan new text begin sequencing new text end applications, and exemption or no-loss 149.3determination requests in compliance with section 15.99. 149.4    Sec. 86. Minnesota Statutes 2014, section 103G.2242, subdivision 12, is amended to 149.5read: 149.6    Subd. 12. Replacement credits. (a) No public or private wetland restoration, 149.7enhancement, or construction may be allowed for replacement unless specifically 149.8designated for replacement and paid for by the individual or organization performing the 149.9wetland restoration, enhancement, or construction, and is completed prior to any draining 149.10or filling of the wetland. 149.11    (b) Paragraph (a) does not apply to a wetland whose owner has paid back with 149.12interest the individual or organization restoring, enhancing, or constructing the wetland. 149.13    (c) Notwithstanding section 103G.222, subdivision 1, paragraph (i), the following 149.14actions, and others established in rule, that are consistent with criteria in rules adopted by 149.15the board in conjunction with the commissioners of natural resources and agriculture, are 149.16eligible for replacement credit as determined by the local government unit new text begin or the board new text end , 149.17including enrollment in a statewide wetlands bank: 149.18    (1) reestablishment of permanent native, noninvasive vegetative cover on a wetland 149.19on agricultural land that was planted with annually seeded crops, was in a crop rotation 149.20seeding of pasture grasses or legumes, or was in a land retirement program during the 149.21past ten years; 149.22    (2) buffer areas of permanent native, noninvasive vegetative cover established or 149.23preserved on upland adjacent to replacement wetlands; 149.24    (3) wetlands restored for conservation purposes under terminated easements or 149.25contracts; and 149.26    (4) water quality treatment ponds constructed to pretreat storm water runoff prior 149.27to discharge to wetlands, public waters, or other water bodies, provided that the water 149.28quality treatment ponds must be associated with an ongoing or proposed project that 149.29will impact a wetland and replacement credit for the treatment ponds is based on the 149.30replacement of wetland functions and on an approved storm water management plan for 149.31the local government. new text begin ; and new text end 149.32     new text begin (5) in a greater than 80 percent area, restoration and protection of streams and new text end 149.33 new text begin riparian buffers that are important to the functions and sustainability of aquatic resources. new text end 150.1    (d) Notwithstanding section 103G.222, subdivision 1, paragraphs (f) and (g), the 150.2board may establish by rule different replacement ratios for restoration projects with 150.3exceptional natural resource value. 150.4    Sec. 87. Minnesota Statutes 2014, section 103G.2242, subdivision 14, is amended to 150.5read: 150.6    Subd. 14. Fees established. (a) Fees must be assessed for managing wetland bank 150.7accounts and transactions as follows: 150.8    (1) account maintenance annual fee: one percent of the value of credits not to 150.9exceed $500; 150.10    (2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not 150.11to exceed $1,000 per establishment, deposit, or transfer; and 150.12    (3) withdrawal fee: 6.5 percent of the value of credits withdrawn. 150.13    (b) The board may establish fees at or below the amounts in paragraph (a) for 150.14single-user or other dedicated wetland banking accounts. 150.15    (c) Fees for single-user or other dedicated wetland banking accounts established 150.16pursuant to section 103G.005, subdivision 10e, clause (4), are limited to establishment 150.17of a wetland banking account and are assessed at the rate of 6.5 percent of the value of 150.18the credits not to exceed $1,000. 150.19     new text begin (d) The board may assess a fee to pay the costs associated with establishing new text end 150.20 new text begin conservation easements, or other long-term protection mechanisms prescribed in the rules new text end 150.21 new text begin adopted under subdivision 1, on property used for wetland replacement. new text end 150.22    Sec. 88. Minnesota Statutes 2014, section 103G.2251, is amended to read: 150.23103G.2251 STATE CONSERVATION EASEMENTS; WETLAND BANK 150.24CREDIT. 150.25    In greater than 80 percent areas, preservation of wetlands new text begin , riparian buffers, and new text end 150.26 new text begin watershed areas essential to maintaining important functions and sustainability of aquatic new text end 150.27 new text begin resources in the watershed that are new text end protected by a permanent conservation easement 150.28as defined under section 84C.01 and held by the board may be eligible for wetland 150.29replacement or mitigation credits, according to rules adopted by the board. To be eligible 150.30for credit under this section, a conservation easement must be established after May 24, 150.312008, and approved by the board. Wetland areas on private lands preserved under this 150.32section are not eligible for replacement or mitigation credit if the area has been protected 150.33using public conservation funds. 151.1    Sec. 89. Minnesota Statutes 2014, section 103G.245, subdivision 2, is amended to read: 151.2    Subd. 2. Exceptions. A public waters work permit is not required for: 151.3(1) work in altered natural watercourses that are part of drainage systems established 151.4under chapter 103D or 103E if the work in the waters is undertaken according to chapter 151.5103D or 103E; or 151.6(2) a drainage project for a drainage system established under chapter 103E that does 151.7not substantially affect public waters. new text begin ; or new text end 151.8 new text begin (3) culvert restoration or replacement of the same size and elevation, if the new text end 151.9 new text begin restoration or replacement does not impact a designated trout stream. new text end 151.10    Sec. 90. Minnesota Statutes 2014, section 103G.271, subdivision 3, is amended to read: 151.11    Subd. 3. Permit restriction during summer months. The commissioner must not 151.12modify or restrict the amount of appropriation from a groundwater source authorized in a 151.13water use permit issued to irrigate agricultural land between May new text begin April new text end 1 and October 151.141, new text begin or, for agricultural land with a crop, until November 15, new text end unless the commissioner 151.15determines the authorized amount of appropriation endangers a domestic water supply. 151.16    Sec. 91. Minnesota Statutes 2014, section 103G.271, subdivision 5, is amended to read: 151.17    Subd. 5. Prohibition on once-through water use permits. (a) Except as provided 151.18in paragraph (c), the commissioner may not issue a water use permit to increase the 151.19volume of appropriation from a groundwater source for a once-through cooling system. 151.20(b) Except as provided in paragraph (c), once-through system water use permits 151.21using in excess of 5,000,000 gallons annually must be terminated by the commissioner, 151.22unless the discharge is into a public water basin within a nature preserve approved by the 151.23commissioner and established prior to January 1, 2001. new text begin The commissioner may issue a new text end 151.24 new text begin permit for a system in existence prior to January 1, 2015, for up to 5,000,000 gallons new text end 151.25 new text begin annually. new text end Existing once-through systems must not be expanded and are required to convert 151.26to water efficient alternatives within the design life of existing equipment. 151.27(c) Notwithstanding paragraphs (a) and (b), the commissioner, with the approval of 151.28the commissioners of health and the Pollution Control Agency, may issue once-through 151.29system water use permits on an annual basis for new text begin groundwater thermal exchange devices new text end 151.30 new text begin or new text end aquifer storage and recovery systems that return all once-through system water to the 151.31source aquifer. Water use permit processing fees in subdivision 6, paragraph (a), apply 151.32to all water withdrawals under this paragraph, including any reuse of water returned to 151.33the source aquifer. 152.1    Sec. 92. Minnesota Statutes 2014, section 103G.271, subdivision 6a, is amended to read: 152.2    Subd. 6a. Payment of fees for past unpermitted appropriations. An entity that 152.3appropriates water without a required permit under subdivision 1 must pay the applicable 152.4water use permit processing fee specified in subdivision 6 for the period during which the 152.5unpermitted appropriation occurred. The fees for unpermitted appropriations are required 152.6for the previous seven calendar years after being notified of the need for a permit. This 152.7fee is in addition to any other fee or penalty assessed. new text begin The commissioner may waive new text end 152.8 new text begin payment of fees for past unpermitted appropriations for a residential system permitted new text end 152.9 new text begin under subdivision 5, paragraph (b). new text end 152.10    Sec. 93. Minnesota Statutes 2014, section 103G.287, subdivision 1, is amended to read: 152.11    Subdivision 1. Applications for groundwater appropriations; preliminary well 152.12construction approval. (a) Groundwater use permit applications are not complete until 152.13the applicant has supplied: 152.14(1) a water well record as required by section 103I.205, subdivision 9, information 152.15on the subsurface geologic formations penetrated by the well and the formation or aquifer 152.16that will serve as the water source, and geologic information from test holes drilled to 152.17locate the site of the production well; 152.18(2) the maximum daily, seasonal, and annual pumpage rates and volumes being 152.19requested; 152.20(3) information on groundwater quality in terms of the measures of quality 152.21commonly specified for the proposed water use and details on water treatment necessary 152.22for the proposed use; 152.23(4) an inventory of existing wells within 1-1/2 miles of the proposed production well 152.24or within the area of influence, as determined by the commissioner. The inventory must 152.25include information on well locations, depths, geologic formations, depth of the pump or 152.26intake, pumping and nonpumping water levels, and details of well construction; 152.27(5) new text begin (4) new text end the results of an aquifer test completed according to specifications approved 152.28by the commissioner. The test must be conducted at the maximum pumping rate requested 152.29in the application and for a length of time adequate to assess or predict impacts to other 152.30wells and surface water and groundwater resources. The permit applicant is responsible 152.31for all costs related to the aquifer test, including the construction of groundwater and 152.32surface water monitoring installations, and water level readings before, during, and after 152.33the aquifer test; and 152.34(6) new text begin (5) new text end the results of any assessments conducted by the commissioner under 152.35paragraph (c). 153.1(b) The commissioner may waive an application requirement in this subdivision 153.2if the information provided with the application is adequate to determine whether the 153.3proposed appropriation and use of water is sustainable and will protect ecosystems, water 153.4quality, and the ability of future generations to meet their own needs. 153.5(c) The commissioner shall provide an assessment of a proposed well needing a 153.6groundwater appropriation permit. The commissioner shall evaluate the information 153.7submitted as required under section 103I.205, subdivision 1, paragraph (f), and determine 153.8whether the anticipated appropriation request is likely to meet the applicable requirements 153.9of this chapter. If the appropriation request is likely to meet applicable requirements, the 153.10commissioner shall provide the person submitting the information with a letter providing 153.11preliminary approval to construct the well. 153.12    Sec. 94. new text begin [103G.289] WELL INTERFERENCE; WELL SEALING. new text end 153.13 new text begin The commissioner shall not validate a well interference claim if the affected well has new text end 153.14 new text begin been sealed prior to the completion of the commissioner's investigation of the complaint. new text end 153.15 new text begin If the well is sealed prior to completion of the investigation, the commissioner must new text end 153.16 new text begin dismiss the complaint. new text end 153.17    Sec. 95. Minnesota Statutes 2014, section 103G.291, subdivision 3, is amended to read: 153.18    Subd. 3. Water supply plans; demand reduction. (a) Every public water supplier 153.19serving more than 1,000 people must submit a water supply plan to the commissioner 153.20for approval by January 1, 1996. In accordance with guidelines developed by the 153.21commissioner, the plan must address projected demands, adequacy of the water supply 153.22system and planned improvements, existing and future water sources, natural resource 153.23impacts or limitations, emergency preparedness, water conservation, supply and demand 153.24reduction measures, and allocation priorities that are consistent with section 103G.261. 153.25Public water suppliers must update their plan and, upon notification, submit it to the 153.26commissioner for approval every ten years. 153.27    (b) The water supply plan in paragraph (a) is required for all communities in the 153.28metropolitan area, as defined in section 473.121, with a municipal water supply system 153.29and is a required element of the local comprehensive plan required under section 473.859. 153.30Water supply plans or updates submitted after December 31, 2008, must be consistent 153.31with the metropolitan area master water supply plan required under section , 153.32subdivision 1, paragraph (a), clause (2). 153.33    (c) Public water suppliers serving more than 1,000 people must encourage 153.34water conservation by employing water use demand reduction measures, as defined in 154.1subdivision 4, paragraph (a), before requesting approval from the commissioner of health 154.2under section 144.383, paragraph (a), to construct a public water supply well or requesting 154.3an increase in the authorized volume of appropriation. The commissioner of natural 154.4resources and the water supplier shall use a collaborative process to achieve demand 154.5reduction measures as a part of a water supply plan review process. 154.6    (d) Public water suppliers serving more than 1,000 people must submit records 154.7that indicate the number of connections and amount of use by customer category and 154.8volume of water unaccounted for with the annual report of water use required under 154.9section 103G.281, subdivision 3. 154.10    (e) For the purposes of this section, "public water supplier" means an entity that owns, 154.11manages, or operates a public water supply, as defined in section 144.382, subdivision 4. 154.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 154.13    Sec. 96. Minnesota Statutes 2014, section 103G.301, subdivision 5a, is amended to read: 154.14    Subd. 5a. Town fees limited new text begin exemption new text end . Notwithstanding this section or any 154.15other law, no permit application, general permit notification, or field inspection fee new text begin shall new text end 154.16 new text begin be new text end charged to a town in connection with the construction or alteration of a town road, 154.17bridge, or culvert shall exceed $100. 154.18    Sec. 97. new text begin [114C.40] VOLUNTARY SELF REPORTING OF VIOLATIONS. new text end 154.19     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For the purposes of this section, the following terms new text end 154.20 new text begin have the meaning given. new text end 154.21 new text begin (b) "Commissioner" means the commissioner of the Pollution Control Agency. new text end 154.22 new text begin (c) "Environmental requirement" means a requirement in a law administered by the new text end 154.23 new text begin agency, a rule adopted by the agency, a permit or order issued by the agency, an agreement new text end 154.24 new text begin entered into with the agency, or a court order issued pursuant to any of the foregoing. new text end 154.25 new text begin (d) "Regulated entity" means a public or private organization that is subject to new text end 154.26 new text begin environmental requirements. new text end 154.27     new text begin Subd. 2. new text end new text begin Enforcement delay. new text end new text begin The commissioner must defer for at least 90 days new text end 154.28 new text begin enforcement of an environmental requirement against a regulated entity if: new text end 154.29 new text begin (1) violation of the environmental requirement was first identified by the regulated new text end 154.30 new text begin entity or an employee of or person contracted by the regulated entity; new text end 154.31 new text begin (2) the regulated entity notified the commissioner of the violation within two new text end 154.32 new text begin business days of it coming to the regulated entity's attention; new text end 154.33 new text begin (3) the regulated entity has not been subject to an enforcement action within the past new text end 154.34 new text begin two years from the date of the notification under clause (2); and new text end 155.1 new text begin (4) the regulated entity has committed, in writing, to correct the violation as new text end 155.2 new text begin expeditiously as possible under the circumstances. new text end 155.3     new text begin Subd. 3. new text end new text begin Penalties waived. new text end new text begin The commissioner must not impose or bring an action new text end 155.4 new text begin for any administrative, civil, or criminal penalties against a regulated entity if, after the new text end 155.5 new text begin 90-day delay provided under subdivision 2, the regulated entity has corrected the violation new text end 155.6 new text begin or has a schedule to correct the violation approved by the commissioner. new text end 155.7     new text begin Subd. 4. new text end new text begin Exceptions. new text end new text begin Notwithstanding subdivisions 2 and 3, the commissioner new text end 155.8 new text begin may, at any time, bring: new text end 155.9 new text begin (1) a criminal enforcement action against any person who commits a violation new text end 155.10 new text begin under section 609.671; new text end 155.11 new text begin (2) a civil or administrative enforcement action, which may include a penalty, under new text end 155.12 new text begin section 115.071 or 116.072, against the regulated entity if: new text end 155.13 new text begin (i) a violation caused serious harm to, or presents an imminent and substantial new text end 155.14 new text begin endangerment to, human health or the environment; new text end 155.15 new text begin (ii) a violation is of the specific terms of an administrative order, a judicial order or new text end 155.16 new text begin consent decree, a stipulation agreement, or a schedule of compliance; new text end 155.17 new text begin (iii) a violation has resulted in a substantial economic benefit which gives the new text end 155.18 new text begin regulated entity a clear advantage over its business competitors; or new text end 155.19 new text begin (iv) a violation is identified through a legally mandated monitoring or sampling new text end 155.20 new text begin requirement prescribed by statute, regulation, permit, judicial or administrative order, new text end 155.21 new text begin or consent agreement; or new text end 155.22 new text begin (3) an enforcement action against a regulated entity to enjoin an imminent and new text end 155.23 new text begin substantial danger under section 116.11. new text end 155.24     new text begin Subd. 5. new text end new text begin Reporting required by law. new text end new text begin Nothing in this section alters the obligation of new text end 155.25 new text begin any regulated entity to report releases, violations, or other matters that are required to be new text end 155.26 new text begin reported by state or federal law, rule, permit, or enforcement action. new text end 155.27    Sec. 98. new text begin [115.035] INDEPENDENT PEER REVIEW OF WATER QUALITY new text end 155.28 new text begin STANDARDS. new text end 155.29 new text begin (a) For the purposes of this section, "independent peer review" means a peer review new text end 155.30 new text begin conducted by an expert or experts in an area related to the work being reviewed who was new text end 155.31 new text begin not directly or indirectly involved with the work conducted or contracted by the agency new text end 155.32 new text begin and who is not currently employed by the agency. new text end 155.33 new text begin (b) The commissioner of the Pollution Control Agency shall ensure that any new text end 155.34 new text begin proposed change to a water quality standard under this chapter or chapter 116 is subject to new text end 155.35 new text begin an independent peer review when: new text end 156.1 new text begin (1) the estimated financial impact to affected permittees is $50,000,000 or more, in new text end 156.2 new text begin total, within the first five years of implementation; new text end 156.3 new text begin (2) the change supports or proposes a significant new precedent, model, or new text end 156.4 new text begin methodology; or new text end 156.5 new text begin (3) the change addresses a significant controversial issue. new text end 156.6 new text begin (c) The commissioner must provide notice and take public comment on the charge new text end 156.7 new text begin questions for independent peer review and must allow written and oral public comment as new text end 156.8 new text begin part of the independent peer review process and the peer review report. Documentation of new text end 156.9 new text begin compliance with the notice and comment requirements and the peer review report must new text end 156.10 new text begin be included in the statement of need and reasonableness. new text end 156.11 new text begin (d) The commissioner shall ensure that peer review is conducted in accordance new text end 156.12 new text begin with the guidance contained in the United States Environmental Protection Agency's new text end 156.13 new text begin Peer Review Handbook. new text end 156.14    Sec. 99. Minnesota Statutes 2014, section 115.44, is amended by adding a subdivision 156.15to read: 156.16     new text begin Subd. 9. new text end new text begin Annual report. new text end new text begin (a) By January 15 each year, the commissioner shall new text end 156.17 new text begin post on the Pollution Control Agency's Web site a report on the agency's activities new text end 156.18 new text begin the previous calendar year to implement standards and classification requirements into new text end 156.19 new text begin national pollutant discharge elimination system and state disposal system permits held by new text end 156.20 new text begin municipalities. The report must include: new text end 156.21 new text begin (1) a summary of permits issued or reissued over the previous calendar year, new text end 156.22 new text begin including any changes to permitted effluent limits due to water quality standards adopted new text end 156.23 new text begin or revised during the previous permit term; new text end 156.24 new text begin (2) highlights of innovative approaches employed by the agency and municipalities new text end 156.25 new text begin to develop and achieve permit requirements in a cost-effective manner; new text end 156.26 new text begin (3) a summary of standards development and water quality rulemaking activities new text end 156.27 new text begin over the previous calendar year, including economic analyses; new text end 156.28 new text begin (4) a summary of standards development and water quality rulemaking activities new text end 156.29 new text begin anticipated for the next three years, including economic analyses; new text end 156.30 new text begin (5) a process and timeframe for municipalities to provide input to the agency new text end 156.31 new text begin regarding their needs based on the information provided in the report; and new text end 156.32 new text begin (6) a list of anticipated permitting initiatives in the next calendar year that may new text end 156.33 new text begin impact municipalities and the agency's plan for involving the municipalities throughout new text end 156.34 new text begin the planning and decision making process. The plan must include opportunities for input new text end 156.35 new text begin and public comment from municipalities on rulemaking initiatives prior to preparation of new text end 157.1 new text begin a statement of need and reasonableness required under section 14.131. The commissioner new text end 157.2 new text begin must ensure the agency's plan under this clause is implemented. new text end 157.3 new text begin (b) For the purposes of this section, "economic analyses" must include assessments new text end 157.4 new text begin of the potential costs to regulated municipalities associated with water quality standards new text end 157.5 new text begin or rules proposed by the agency. new text end 157.6    Sec. 100. Minnesota Statutes 2014, section 115.55, subdivision 1, is amended to read: 157.7    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to sections 157.8115.55 to 115.56. 157.9    (b) "Advisory committee" means the Advisory Committee on Subsurface Sewage 157.10Treatment Systems established under the subsurface sewage treatment system rules. The 157.11advisory committee must be appointed to ensure geographic representation of the state 157.12and include elected public officials. 157.13    (c) "Applicable requirements" means: 157.14    (1) local ordinances that comply with the subsurface sewage treatment system rules, 157.15as required in subdivision 2; or 157.16    (2) in areas without compliant ordinances described in clause (1), the subsurface 157.17sewage treatment system rules. 157.18 new text begin (d) "Building sewer connected to a subsurface sewage treatment system" means the new text end 157.19 new text begin pipe that connects a structure to a subsurface sewage treatment system. Building sewers new text end 157.20 new text begin connected to subsurface sewage treatment systems are codefined as both plumbing and new text end 157.21 new text begin subsurface sewage treatment system components. new text end 157.22    (d) new text begin (e) new text end "City" means a statutory or home rule charter city. 157.23    (e) new text begin (f) new text end "Commissioner" means the commissioner of the Pollution Control Agency. 157.24    (f) new text begin (g) new text end "Dwelling" means a building or place used or intended to be used by human 157.25occupants as a single-family or two-family unit. 157.26    (g) new text begin (h) new text end "Subsurface sewage treatment system" or "system" means a sewage treatment 157.27system, or part thereof, that uses subsurface soil treatment and disposal, or a holding tank, 157.28serving a dwelling, other establishment, or a group thereof, and that does not require a 157.29state permit new text begin . Subsurface sewage treatment system includes a building sewer connected new text end 157.30 new text begin to a subsurface sewage treatment system new text end . 157.31    (h) new text begin (i) new text end "Subsurface sewage treatment system professional" means an inspector, 157.32installer, designer, service provider, or maintainer. 157.33    (i) new text begin (j) new text end "Subsurface sewage treatment system rules" means rules adopted by the 157.34agency that establish minimum standards and criteria for the design, location, installation, 157.35use, maintenance, and closure of subsurface sewage treatment systems. 158.1    (j) new text begin (k) new text end "Inspector" means a person who inspects subsurface sewage treatment 158.2systems for compliance with the applicable requirements. 158.3    (k) new text begin (l) new text end "Installer" means a person who constructs or repairs subsurface sewage 158.4treatment systems. 158.5    (l) new text begin (m) new text end "Local unit of government" means a township, city, or county. 158.6    (m) new text begin (n) new text end "Performance-based system" means a system that is designed specifically 158.7for environmental conditions on a site and is designed to adequately protect the public 158.8health and the environment and provide consistent, reliable, long-term performance. At a 158.9minimum, a performance based system must ensure that applicable water quality standards 158.10are met in both ground and surface water that ultimately receive the treated sewage. 158.11    (n) new text begin (o) new text end "Maintainer " means a person who removes solids and liquids from and 158.12maintains and repairs components of subsurface sewage treatment systems including, but 158.13not limited to, sewage, aerobic, and holding tanks. 158.14    (o) new text begin (p) new text end "Seasonal dwelling" means a dwelling that is occupied or used for less than 158.15180 days per year and less than 120 consecutive days. 158.16    (p) new text begin (q) new text end "Septic system tank" means any covered receptacle designed, constructed, 158.17and installed as part of a subsurface sewage treatment system. 158.18    (q) new text begin (r) new text end "Designer" means a person who: 158.19    (1) investigates soils and site characteristics to determine suitability, limitations, and 158.20sizing requirements; and 158.21    (2) designs subsurface sewage treatment systems. 158.22    (r) new text begin (s) new text end "Straight-pipe system" means a sewage disposal system that transports raw or 158.23partially treated sewage directly to a lake, a stream, a drainage system, or ground surface. 158.24    Sec. 101. Minnesota Statutes 2014, section 115.56, subdivision 2, is amended to read: 158.25    Subd. 2. License required. (a) Except as provided in paragraph (b), a person may 158.26not design, install, maintain, pump, inspect, or provide service to a subsurface sewage 158.27treatment system without a license issued by the commissioner. Licenses issued under this 158.28section allow work on subsurface sewage treatment systems that do not require a state 158.29permit using prescriptive designs and design guidances provided by the agency. Licensees 158.30who design systems using these prescriptive designs and design guidances are not subject 158.31to the additional licensing requirements of section 326.03. 158.32    (b) A license is not required for a person who complies with the applicable 158.33requirements if the person is: 158.34    (1) a qualified employee of state or local government who is a certified professional; 159.1    (2) an individual who constructs a subsurface sewage treatment system on land that 159.2is owned or leased by the individual and functions solely as the individual's dwelling or 159.3seasonal dwelling, unless specifically disallowed in local ordinance. A person constructing 159.4a subsurface sewage treatment system under this clause must comply with all local 159.5administrative and technical requirements. In addition, the system must be inspected 159.6before being covered and a compliance report must be provided to the local unit of 159.7government after the inspection; 159.8    (3) a farmer who pumps and disposes of sewage waste from subsurface sewage 159.9treatment systems, holding tanks, and privies on land that is owned or leased by the 159.10farmer; or 159.11    (4) an individual who performs labor or services for a licensed business under this 159.12section in connection with the design, installation, operation, pumping, or inspection of a 159.13subsurface sewage treatment system at the direction and under the personal supervision of 159.14a person certified under this section. 159.15    (c) The commissioner, in conjunction with the University of Minnesota Extension 159.16Service or another higher education institution, shall ensure adequate training and design 159.17guidance exists for subsurface sewage treatment system certified professionals. 159.18    (d) The commissioner shall conduct examinations to test the knowledge of applicants 159.19for certification and shall issue documentation of certification. 159.20    (e) Licenses may be issued only upon submission of general liability insurance, a 159.21corporate surety bond in the amount of at least $10,000 new text begin $25,000 new text end , and the name of the 159.22individual who will be the designated certified individual for that business. The bond may 159.23be for both plumbing work and subsurface sewage treatment work if the bond complies 159.24with the requirements of this section and new text begin satisfies the requirements and references new text end 159.25 new text begin identified in new text end section 326B.46, subdivision 2. 159.26    (f) Local units of government may not require additional local licenses for 159.27subsurface sewage treatment system businesses. 159.28    (g) No other professional license under section 326.03 is required to design, install, 159.29maintain, inspect, or provide service for a subsurface sewage treatment system that does 159.30not require a state permit using prescriptive designs and design guidances provided by 159.31the agency if the system designer, installer, maintainer, inspector, or service provider 159.32is licensed under this subdivision and the local unit of government has not adopted 159.33additional requirements. 159.34    Sec. 102. Minnesota Statutes 2014, section 115A.03, subdivision 25a, is amended to 159.35read: 160.1    Subd. 25a. Recyclable materials. "Recyclable materials" means materials that are 160.2separated from mixed municipal solid waste for the purpose of recycling or composting, 160.3including paper, glass, plastics, metals, automobile oil, batteries, and source-separated 160.4compostable materials new text begin , and sole source food waste streams that are managed through new text end 160.5 new text begin biodegradative processes new text end . Refuse-derived fuel or other material that is destroyed by 160.6incineration is not a recyclable material. 160.7    Sec. 103. Minnesota Statutes 2014, section 115A.03, subdivision 32a, is amended to 160.8read: 160.9    Subd. 32a. Source-separated compostable materials. "Source-separated 160.10compostable materials" means materials that: 160.11    (1) are separated at the source by waste generators for the purpose of preparing 160.12them for use as compost; 160.13    (2) are collected separately from mixed municipal solid waste, and are governed by 160.14the licensing provisions of section 115A.93; 160.15    (3) are comprised of food wastes, fish and animal waste, plant materials, diapers, 160.16sanitary products, and paper that is not recyclable because the commissioner has 160.17determined that no other person is willing to accept the paper for recycling; 160.18    (4) are delivered to a facility to undergo controlled microbial degradation to yield 160.19a humus-like product meeting the agency's class I or class II, or equivalent, compost 160.20standards and where process residues new text begin rejects new text end do not exceed 15 percent by weight of the 160.21total material delivered to the facility; and 160.22    (5) may be delivered to a transfer station, mixed municipal solid waste processing 160.23facility, or recycling facility only for the purposes of composting or transfer to a 160.24composting facility, unless the commissioner determines that no other person is willing 160.25to accept the materials. 160.26    Sec. 104. Minnesota Statutes 2014, section 115A.1314, subdivision 1, is amended to 160.27read: 160.28    Subdivision 1. Registration fee. (a) Each manufacturer who registers under section 160.29115A.1312 must, by September 1, 2007, and each year thereafter, pay to the commissioner 160.30of revenue an annual registration fee. The commissioner of revenue must deposit the fee 160.31in the state treasury and credit the fee to the environmental fund. 160.32    (b) The registration fee is equal to a base fee of $2,500, plus a variable recycling 160.33fee calculated according to the formula: 160.34    ((A x B) - (C + D)) x E, where: 161.1    (1) A = the number of pounds of a manufacturer's video display devices sold to 161.2households during the previous program year, as reported to the department under section 161.3115A.1316, subdivision 1 ; 161.4    (2) B = the proportion of sales of video display devices required to be recycled, set at 161.50.6 for the first program year and 0.8 for the second program year and every year thereafter; 161.6    (3) C = the number of pounds of covered electronic devices recycled by a 161.7manufacturer from households during the previous program year, as reported to the 161.8department under section 115A.1316, subdivision 1; 161.9    (4) D = the number of recycling credits a manufacturer elects to use to calculate the 161.10variable recycling fee, as reported to the department under section 115A.1316, subdivision 161.111; and 161.12    (5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for 161.13manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound 161.14for manufacturers who recycle at least 50 percent but less than 90 percent of the product 161.15(A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less 161.16than 100 percent of the product (A x B). 161.17    (c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of 161.18pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer 161.19may retain recycling credits to be added, in whole or in part, to the actual value of C, as 161.20reported under section 115A.1316, subdivision 2, during any succeeding program year, 161.21provided that no more than 25 percent of a manufacturer's obligation (A x B) for any 161.22program year may be met with recycling credits generated in a prior program year. A 161.23manufacturer may sell any portion or all of its recycling credits to another manufacturer, at 161.24a price negotiated by the parties, who may use the credits in the same manner. 161.25    (d) For the purpose of calculating a manufacturer's variable recycling fee under 161.26paragraph (b), the weight of covered electronic devices collected from households located 161.27outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (c), is 161.28calculated at 1.5 times their actual weight. 161.29    (e) The registration fee for the initial program year and the base registration fee 161.30thereafter for a manufacturer who produces fewer than 100 video display devices for sale 161.31annually to households is $1,250. 161.32 new text begin (f) For the ninth program year, the agency shall publish a statewide recycling goal of new text end 161.33 new text begin 16,000,000 pounds. new text end 161.34 new text begin (g) For the ninth program year, the agency shall determine each registered new text end 161.35 new text begin manufacturer's market share of video display devices to be collected and recycled based new text end 161.36 new text begin on the manufacturer's percentage share of the total weight of video display devices sold new text end 162.1 new text begin as reported to the department for the eighth program year as reported to the agency by new text end 162.2 new text begin July 15, 2015. By July 30, 2015, the agency shall provide each manufacturer with a new text end 162.3 new text begin determination of its share of video display devices to be collected and recycled, which new text end 162.4 new text begin is the quotient of the total weight of the manufacturer's video display devices sold to new text end 162.5 new text begin households in the eighth program year, divided by the total weight of all manufacturers' new text end 162.6 new text begin video display devices sold to households in this state based on reporting to the agency for new text end 162.7 new text begin the eighth program year, then applied proportionally to the statewide recycling goal of new text end 162.8 new text begin 16,000,000 pounds as specified in paragraph (f). new text end 162.9 new text begin (h) If a manufacturer's obligation for the recycling of video display devices as new text end 162.10 new text begin determined in paragraph (b), clauses (1) and (2), by weight is higher than the obligation new text end 162.11 new text begin determined by the agency in paragraph (g), then the higher number is the obligation for new text end 162.12 new text begin program year nine. new text end 162.13 new text begin (i) For the ninth program year, a manufacturer that did not report sales data to the new text end 162.14 new text begin department for the eighth or ninth program years shall be subject to a recycling obligation new text end 162.15 new text begin that is equal to 80 percent by weight of the manufacturer's video display devices sold new text end 162.16 new text begin to households. new text end 162.17    Sec. 105. Minnesota Statutes 2014, section 115A.1415, subdivision 16, is amended to 162.18read: 162.19    Subd. 16. Administrative fee. (a) The stewardship organization or individual 162.20producer submitting a stewardship plan shall pay an annual administrative fee to the 162.21commissioner. The agency may establish a variable fee based on relevant factors, 162.22including, but not limited to, the portion of architectural paint sold in the state by members 162.23of the organization compared to the total amount of architectural paint sold in the state by 162.24all organizations submitting a stewardship plan. 162.25    (b) Prior to July 1, 2014, and before July 1 annually thereafter, the agency shall 162.26identify the costs it incurs under this section. The agency shall set the fee at an amount 162.27that, when paid by every stewardship organization or individual producer that submits a 162.28stewardship plan, is adequate to reimburse the agency's full costs of administering this 162.29section. The total amount of annual fees collected under this subdivision must not exceed 162.30the amount necessary to reimburse costs incurred by the agency to administer this section. 162.31    (c) A stewardship organization or individual producer subject to this subdivision 162.32must pay the agency's administrative fee under paragraph (a) on or before July 1, 2014, 162.33and annually thereafter. Each year after the initial payment, the annual administrative fee 162.34may not exceed five percent of the aggregate stewardship assessment added to the cost of 162.35all architectural paint sold by producers in the state for the preceding calendar year. 163.1    (d) All fees received under this section shall be deposited in the state treasury and 163.2credited to a product stewardship account in the special revenue fund. For fiscal years 163.32014 and new text begin , new text end 2015 new text begin , 2016, and 2017 new text end , the amount collected under this section is annually 163.4appropriated to the agency to implement and enforce this section. 163.5    Sec. 106. Minnesota Statutes 2014, section 115A.551, subdivision 2a, is amended to 163.6read: 163.7    Subd. 2a. County recycling goals. (a) By December 31, 2030, each county will 163.8have as a goal to recycle the following amounts: 163.9(1) for a county outside of the metropolitan area, 35 percent by weight of total 163.10solid waste generation; and 163.11(2) for a metropolitan county, 75 percent by weight of total solid waste generation. 163.12(b) Each county will develop and implement or require political subdivisions within 163.13the county to develop and implement programs, practices, or methods designed to meet its 163.14recycling goal. Nothing in this section or in any other law may be construed to prohibit a 163.15county from establishing a higher recycling goal. 163.16 new text begin (c) Any quantified recyclable materials that meet the definition in subdivision 1, new text end 163.17 new text begin paragraph (a), or section 115A.03, subdivision 25a, are eligible to be counted toward a new text end 163.18 new text begin county's recycling goal under this subdivision. new text end 163.19    Sec. 107. Minnesota Statutes 2014, section 115A.557, subdivision 2, is amended to read: 163.20    Subd. 2. Purposes for which money may be spent. (a) A county receiving money 163.21distributed by the commissioner under this section may use the money only for the 163.22development and implementation of programs to: 163.23(1) reduce the amount of solid waste generated; 163.24(2) recycle the maximum amount of solid waste technically feasible; 163.25(3) create and support markets for recycled products; 163.26(4) remove problem materials from the solid waste stream and develop proper 163.27disposal options for them; 163.28(5) inform and educate all sectors of the public about proper solid waste management 163.29procedures; 163.30(6) provide technical assistance to public and private entities to ensure proper solid 163.31waste management; 163.32(7) provide educational, technical, and financial assistance for litter prevention; 163.33(8) process mixed municipal solid waste generated in the county at a resource 163.34recovery facility located in Minnesota; and 164.1(9) compost source-separated compostable materials, including the provision of 164.2receptacles for residential composting. new text begin ; new text end 164.3 new text begin (10) prevent food waste or collect and transport food donated to humans or to be new text end 164.4 new text begin fed to animals; and new text end 164.5 new text begin (11) process source-separated compostable materials that are to be used to produce new text end 164.6 new text begin Class I or Class II compost, as defined in Minnesota Rules, part 7035.2836, after being new text end 164.7 new text begin processed in an anaerobic digester, but not to construct buildings or acquire equipment. new text end 164.8(b) Beginning in fiscal year 2015 and continuing thereafter, of any money distributed 164.9by the commissioner under this section to a metropolitan county, as defined in section 164.10473.121, subdivision 4 , that exceeds the amount the county was eligible to receive under 164.11this section in fiscal year 2014: (1) at least 50 percent must be expended on activities in 164.12paragraph (a), clause new text begin clauses new text end (9) new text begin to (11) new text end ; and (2) the remainder must be expended on 164.13activities in paragraph (a), clauses (1) to (7) and (9) new text begin to (11) new text end that advance the county toward 164.14achieving its recycling goal under section 115A.551. 164.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 164.16    Sec. 108. new text begin [115A.565] RECYCLING COMPETITIVE GRANT PROGRAM. new text end 164.17     new text begin Subdivision 1. new text end new text begin Grant program established. new text end new text begin The commissioner shall make new text end 164.18 new text begin competitive grants to political subdivisions to establish curbside recycling or composting, new text end 164.19 new text begin increase recycling or composting, reduce the amount of recyclable materials entering new text end 164.20 new text begin disposal facilities, or reduce the costs associated with hauling waste by locating collection new text end 164.21 new text begin sites as close as possible to the site where the waste is generated. To be eligible for grants new text end 164.22 new text begin under this section, a political subdivision must be located outside the seven-county new text end 164.23 new text begin metropolitan area and a city must have a population of less than 45,000. new text end 164.24     new text begin Subd. 2. new text end new text begin Application. new text end new text begin (a) The commissioner must develop forms and procedures new text end 164.25 new text begin for soliciting and reviewing applications for grants under this section. new text end 164.26 new text begin (b) The determination of whether to make a grant under this section is within the new text end 164.27 new text begin discretion of the commissioner, subject to subdivision 4. The commissioner's decisions new text end 164.28 new text begin are not subject to judicial review, except for abuse of discretion. new text end 164.29     new text begin Subd. 3. new text end new text begin Priorities; eligible projects. new text end new text begin (a) If applications for grants exceed the new text end 164.30 new text begin available appropriations, grants must be made for projects that, in the commissioner's new text end 164.31 new text begin judgment, provide the highest return in public benefits. new text end 164.32 new text begin (b) To be eligible to receive a grant, a project must: new text end 164.33 new text begin (1) be locally administered; new text end 164.34 new text begin (2) have an educational component and measurable outcomes; new text end 164.35 new text begin (3) request $250,000 or less; new text end 165.1 new text begin (4) demonstrate local direct and indirect matching support of at least a quarter new text end 165.2 new text begin amount of the grant request; and new text end 165.3 new text begin (5) include at least one of the following elements: new text end 165.4 new text begin (i) transition to residential recycling through curbside or centrally located collection new text end 165.5 new text begin sites; new text end 165.6 new text begin (ii) development of local recycling systems to support curbside recycling; or new text end 165.7 new text begin (iii) development or expansion of local recycling systems to support recycling bulk new text end 165.8 new text begin materials, including, but not limited to, electronic waste. new text end 165.9     new text begin Subd. 4. new text end new text begin Cancellation of grant. new text end new text begin If a grant is awarded under this section and new text end 165.10 new text begin funds are not encumbered for the grant within four years after the award date, the grant new text end 165.11 new text begin must be canceled. new text end 165.12    Sec. 109. Minnesota Statutes 2014, section 115A.93, subdivision 1, is amended to read: 165.13    Subdivision 1. License new text begin and registration new text end required new text begin ; reporting new text end . new text begin (a) new text end A person may 165.14not collect mixed municipal solid waste for hire without a license from the jurisdiction 165.15where the mixed municipal solid waste is collected. new text begin The local licensing entity shall submit new text end 165.16 new text begin a list of licensed collectors to the agency. new text end 165.17 new text begin (b) A person may not collect recyclable materials for hire unless registered with the new text end 165.18 new text begin agency. If a person is licensed under paragraph (a), the person need not register with new text end 165.19 new text begin the agency under this paragraph. new text end 165.20 new text begin (c) The agency, in consultation with the Solid Waste Management Coordinating new text end 165.21 new text begin Board, the Association of Minnesota Counties, the Minnesota Solid Waste Administrators new text end 165.22 new text begin Association, and representatives from the waste industry shall, by July 1, 2016, develop new text end 165.23 new text begin uniform short and long reporting forms that will reduce duplicative reporting to new text end 165.24 new text begin governmental units by collectors of solid waste and recyclable materials. new text end 165.25 new text begin (d) A collector of mixed municipal solid waste or recyclable materials shall separately new text end 165.26 new text begin report to the agency on an annual basis information including, but not limited to, the new text end 165.27 new text begin quantity of mixed municipal solid waste and the quantity of recyclable materials collected: new text end 165.28 new text begin (1) from commercial customers; new text end 165.29 new text begin (2) from residential customers; new text end 165.30 new text begin (3) by county of origin; and new text end 165.31 new text begin (4) by destination of the material. new text end 165.32    Sec. 110. Minnesota Statutes 2014, section 115B.34, subdivision 2, is amended to read: 166.1    Subd. 2. Property damage losses. (a) Losses compensable by the fund for property 166.2damage are limited to the following losses caused by damage to the principal residence of 166.3the claimant: 166.4(1) the reasonable cost of replacing or decontaminating the primary source of 166.5drinking water for the property not to exceed the amount actually expended by the 166.6claimant or assessed by a local taxing authority, if the Department of Health has confirmed 166.7that the remedy provides safe drinking water and advised that the water not be used for 166.8drinking or determined that the replacement or decontamination of the source of drinking 166.9water was necessary, up to a maximum of $25,000; 166.10 new text begin (2) the reasonable cost to install a mitigation system for the claimant's principal new text end 166.11 new text begin residence, not to exceed the amount actually expended by the claimant, if the agency has new text end 166.12 new text begin recommended such installation to protect human health due to soil vapor intrusion into new text end 166.13 new text begin the residence from releases of harmful substances. Reimbursement of eligible claims new text end 166.14 new text begin shall not exceed $25,000; new text end 166.15(2) new text begin (3) new text end losses incurred as a result of a bona fide sale of the property at less than 166.16the appraised market value under circumstances that constitute a hardship to the owner, 166.17limited to 75 percent of the difference between the appraised market value and the selling 166.18price, but not to exceed $25,000; and 166.19(3) new text begin (4) new text end losses incurred as a result of the inability of an owner in hardship circumstances 166.20to sell the property due to the presence of harmful substances, limited to the increase in 166.21costs associated with the need to maintain two residences, but not to exceed $25,000. 166.22(b) In computation of the loss under paragraph (a), clause (3) new text begin (4) new text end , the agency shall 166.23offset the loss by the amount of any income received by the claimant from the rental 166.24of the property. 166.25(c) For purposes of paragraph (a), the following definitions apply: 166.26(1) "appraised market value" means an appraisal of the market value of the property 166.27disregarding any decrease in value caused by the presence of a harmful substance in 166.28or on the property; and 166.29(2) "hardship" means an urgent need to sell the property based on a special 166.30circumstance of the owner including catastrophic medical expenses, inability of the owner 166.31to physically maintain the property due to a physical or mental condition, and change of 166.32employment of the owner or other member of the owner's household requiring the owner 166.33to move to a different location. 166.34(d) Appraisals are subject to agency approval. The agency may adopt rules 166.35governing approval of appraisals, criteria for establishing a hardship, and other matters 166.36necessary to administer this subdivision. 167.1    Sec. 111. Minnesota Statutes 2014, section 115B.48, is amended by adding a 167.2subdivision to read: 167.3     new text begin Subd. 9. new text end new text begin Owner or operator. new text end new text begin "Owner or operator" means a person who: new text end 167.4 new text begin (1) owns or has owned a dry cleaning facility; or new text end 167.5 new text begin (2) owns or owned real property on which a dry cleaning facility operates or operated. new text end 167.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective only upon enactment of a transfer new text end 167.7 new text begin of $743,000 in fiscal year 2016 from the general account in the remediation fund to the new text end 167.8 new text begin dry cleaner environmental response and reimbursement account for reimbursement new text end 167.9 new text begin of remediation costs by persons other than responsible parties, as specified in article 3, new text end 167.10 new text begin section 2, subdivision 4. new text end 167.11    Sec. 112. Minnesota Statutes 2014, section 116.02, subdivision 1, is amended to read: 167.12    Subdivision 1. Creation. A pollution control agency, designated as the Minnesota 167.13Pollution Control Agency, is hereby created. The agency shall consist of the commissioner 167.14and eight members appointed by the governor, by and with the advice and consent of the 167.15senate. One of such members shall be a person knowledgeable in the field of agriculture 167.16and one shall be representative of organized labor. 167.17    Sec. 113. Minnesota Statutes 2014, section 116.02, subdivision 5, is amended to read: 167.18    Subd. 5. Agency is successor to commission. The Pollution Control Agency is 167.19the successor of the Water Pollution Control Commission, and all powers and duties 167.20now vested in or imposed upon said commission by chapter 115, or any act amendatory 167.21thereof or supplementary thereto, are hereby transferred to, imposed upon, and vested in 167.22the Minnesota new text begin commissioner of the new text end Pollution Control Agency, except as to those matters 167.23pending before the commission in which hearings have been held and evidence has been 167.24adduced. The Water Pollution Commission shall complete its action in such pending 167.25matters not later than six months from May 26, 1967. The Water Pollution Control 167.26Commission, as heretofore constituted, is hereby abolished, (a) effective upon completion 167.27of its action in the pending cases, as hereinbefore provided for; or (b) six months from 167.28May 26, 1967, whichever is the earlier. 167.29    Sec. 114. Minnesota Statutes 2014, section 116.03, subdivision 1, is amended to read: 167.30    Subdivision 1. Office. (a) The Office of Commissioner of the Pollution Control 167.31Agency is created and is under the supervision and control of the commissioner, who is 167.32appointed by the governor under the provisions of section 15.06. 168.1(b) The commissioner may appoint a deputy commissioner and assistant 168.2commissioners who shall be in the unclassified service. 168.3(c) The commissioner shall make all decisions on behalf of the agency that are not 168.4required to be made by the agency under section . 168.5    Sec. 115. Minnesota Statutes 2014, section 116.03, subdivision 2a, is amended to read: 168.6    Subd. 2a. Mission; efficiency. It is part of the agency's mission that within the 168.7agency's resources the commissioner and the members of the agency shall endeavor to: 168.8(1) prevent the waste or unnecessary spending of public money; 168.9(2) use innovative fiscal and human resource practices to manage the state's 168.10resources and operate the agency as efficiently as possible; 168.11(3) coordinate the agency's activities wherever appropriate with the activities of 168.12other governmental agencies; 168.13(4) use technology where appropriate to increase agency productivity, improve 168.14customer service, increase public access to information about government, and increase 168.15public participation in the business of government; 168.16(5) utilize constructive and cooperative labor-management practices to the extent 168.17otherwise required by chapters 43A and 179A; 168.18(6) report to the legislature on the performance of agency operations and the 168.19accomplishment of agency goals in the agency's biennial budget according to section 168.2016A.10, subdivision 1 ; and 168.21(7) recommend to the legislature appropriate changes in law necessary to carry out 168.22the mission and improve the performance of the agency. 168.23    Sec. 116. Minnesota Statutes 2014, section 116.07, subdivision 4d, is amended to read: 168.24    Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater 168.25than those necessary to cover the reasonable costs of developing, reviewing, and acting 168.26upon applications for agency permits and implementing and enforcing the conditions of 168.27the permits pursuant to agency rules. Permit fees shall not include the costs of litigation. 168.28The fee schedule must reflect reasonable and routine direct and indirect costs associated 168.29with permitting, implementation, and enforcement. The agency may impose an additional 168.30enforcement fee to be collected for a period of up to two years to cover the reasonable costs 168.31of implementing and enforcing the conditions of a permit under the rules of the agency. 168.32Any money collected under this paragraph shall be deposited in the environmental fund. 168.33(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from 168.34the owner or operator of all stationary sources, emission facilities, emissions units, air 169.1contaminant treatment facilities, treatment facilities, potential air contaminant storage 169.2facilities, or storage facilities subject to the requirement to obtain a permit new text begin a notification, new text end 169.3 new text begin permit, or license requirement new text end under subchapter new text begin this chapter, subchapters I and new text end V of 169.4the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or section 169.5 new text begin or rules adopted thereunder new text end . The annual fee shall be used to pay for all direct 169.6and indirect reasonable costs, including attorney general new text begin legal new text end costs, required to develop 169.7and administer the new text begin notification, new text end permit new text begin , or license new text end program requirements of subchapter 169.8 new text begin this chapter, subchapters I and new text end V of the federal Clean Air Act, United States Code, title 169.942, section 7401 et seq., and sections of this chapter and the new text begin or new text end rules adopted under 169.10this chapter related to air contamination and noise new text begin thereunder new text end . Those costs include the 169.11reasonable costs of reviewing and acting upon an application for a permit; implementing 169.12and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient, 169.13and deposition monitoring; preparing generally applicable regulations; responding to 169.14federal guidance; modeling, analyses, and demonstrations; preparing inventories and 169.15tracking emissions; and providing information to the public about these activities. 169.16(c) The agency shall set fees that: 169.17(1) will result in the collection, in the aggregate, from the sources listed in paragraph 169.18(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant 169.19regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 169.20of the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a 169.21national primary ambient air quality standard has been promulgated; 169.22(2) may result in the collection, in the aggregate, from the sources listed in paragraph 169.23(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is 169.24regulated under this chapter or air quality rules adopted under this chapter; and 169.25(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the 169.26amount needed to match grant funds received by the state under United States Code, title 169.2742, section 7405 (section 105 of the federal Clean Air Act). 169.28The agency must not include in the calculation of the aggregate amount to be collected 169.29under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant 169.30from a source. The increase in air permit fees to match federal grant funds shall be a 169.31surcharge on existing fees. The commissioner may not collect the surcharge after the grant 169.32funds become unavailable. In addition, the commissioner shall use nonfee funds to the 169.33extent practical to match the grant funds so that the fee surcharge is minimized. 169.34(d) To cover the reasonable costs described in paragraph (b), the agency shall provide 169.35in the rules promulgated under paragraph (c) for an increase in the fee collected in each year 169.36by the percentage, if any, by which the Consumer Price Index for the most recent calendar 170.1year ending before the beginning of the year the fee is collected exceeds the Consumer Price 170.2Index for the calendar year 1989. For purposes of this paragraph the Consumer Price Index 170.3for any calendar year is the average of the Consumer Price Index for all-urban consumers 170.4published by the United States Department of Labor, as of the close of the 12-month period 170.5ending on August 31 of each calendar year. The revision of the Consumer Price Index that 170.6is most consistent with the Consumer Price Index for calendar year 1989 shall be used. 170.7(e) Any money collected under paragraphs (b) to (d) must be deposited in the 170.8environmental fund and must be used solely for the activities listed in paragraph (b). 170.9(f) Permit applicants who wish to construct, reconstruct, or modify a facility may 170.10offer to reimburse the agency for the costs of staff time or consultant services needed to 170.11expedite the permit development process, including the analysis of environmental review 170.12documents. The reimbursement shall be in addition to permit application fees imposed by 170.13law. When the agency determines that it needs additional resources to develop the permit 170.14application in an expedited manner, and that expediting the development is consistent with 170.15permitting program priorities, the agency may accept the reimbursement. Reimbursements 170.16accepted by the agency are appropriated to the agency for the purpose of developing 170.17the permit or analyzing environmental review documents. Reimbursement by a permit 170.18applicant shall precede and not be contingent upon issuance of a permit; shall not affect 170.19the agency's decision on whether to issue or deny a permit, what conditions are included 170.20in a permit, or the application of state and federal statutes and rules governing permit 170.21determinations; and shall not affect final decisions regarding environmental review. 170.22(g) The fees under this subdivision are exempt from section 16A.1285. 170.23    Sec. 117. Minnesota Statutes 2014, section 116.07, subdivision 4j, is amended to read: 170.24    Subd. 4j. Permits; solid waste facilities. (a) The agency may not issue a permit 170.25for new or additional capacity for a mixed municipal solid waste resource recovery or 170.26disposal facility as defined in section 115A.03 unless each county using or projected in 170.27the permit to use the facility has in place a solid waste management plan approved under 170.28section 115A.46 or 473.803 and amended as required by section 115A.96, subdivision 6. 170.29The agency shall issue the permit only if the capacity of the facility is consistent with the 170.30needs for resource recovery or disposal capacity identified in the approved plan or plans. 170.31Consistency must be determined by the Pollution Control Agency. Plans approved before 170.32January 1, 1990, need not be revised if the capacity sought in the permit is consistent 170.33with the approved plan or plans. 170.34(b) The agency shall require as part of the permit application for a waste incineration 170.35facility identification of preliminary plans for ash management and ash leachate treatment 171.1or ash utilization. The permit issued by the agency must include requirements for ash 171.2management and ash leachate treatment. 171.3(c) Within 180 days of receipt of a completed application, the agency shall approve, 171.4disapprove, or delay decision on the application, with reasons for the delay, in writing. 171.5 new text begin (d) The agency may not issue a permit for a new disposal facility, as defined in new text end 171.6 new text begin section 115A.03, subdivision 10, or a permit to expand an existing disposal facility unless: new text end 171.7 new text begin (1) all local units of government in which the facility is to be sited and exercising new text end 171.8 new text begin their respective land use and zoning authority pursuant to chapter 366, 494, or 462 have new text end 171.9 new text begin granted approval for and provided any required public notices of the new or expanded new text end 171.10 new text begin facility prior to the issuance of the permit; new text end 171.11 new text begin (2) all local units of government in which the facility is to be sited and exercising new text end 171.12 new text begin their respective land use and zoning authority pursuant to chapter 366, 494, or 462 have new text end 171.13 new text begin authorized the permit to be issued prior to or concurrent with the required approval by new text end 171.14 new text begin the local unit of government; or new text end 171.15 new text begin (3) the new or expanded facility is part of and will be sited on land already identified new text end 171.16 new text begin in an approved solid waste management plan as described in paragraph (a). new text end 171.17 new text begin (e) The commissioners of the Pollution Control Agency and natural resources shall new text end 171.18 new text begin apply Minnesota Rules, parts 7001.3050, subpart 3, item G, and 7035.2525, subpart 2, new text end 171.19 new text begin item G, to solid waste facilities permitted under and in compliance with those rules and in new text end 171.20 new text begin compliance with Minnesota Rules, chapter 6132. new text end 171.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 171.22    Sec. 118. Minnesota Statutes 2014, section 116.07, subdivision 7, is amended to read: 171.23    Subd. 7. Counties; processing of applications for animal lot permits. Any 171.24Minnesota county board may, by resolution, with approval of the Pollution Control 171.25Agency, assume responsibility for processing applications for permits required by the 171.26Pollution Control Agency under this section for livestock feedlots, poultry lots or other 171.27animal lots. The responsibility for permit application processing, if assumed by a county, 171.28may be delegated by the county board to any appropriate county officer or employee. 171.29(a) For the purposes of this subdivision, the term "processing" includes: 171.30(1) the distribution to applicants of forms provided by the Pollution Control Agency; 171.31(2) the receipt and examination of completed application forms, and the certification, 171.32in writing, to the Pollution Control Agency either that the animal lot facility for which a 171.33permit is sought by an applicant will comply with applicable rules and standards, or, if 171.34the facility will not comply, the respects in which a variance would be required for the 171.35issuance of a permit; and 172.1(3) rendering to applicants, upon request, assistance necessary for the proper 172.2completion of an application. 172.3(b) For the purposes of this subdivision, the term "processing" may include, at the 172.4option of the county board, issuing, denying, modifying, imposing conditions upon, or 172.5revoking permits pursuant to the provisions of this section or rules promulgated pursuant 172.6to it, subject to review, suspension, and reversal by the Pollution Control Agency. The 172.7Pollution Control Agency shall, after written notification, have 15 days to review, suspend, 172.8modify, or reverse the issuance of the permit. After this period, the action of the county 172.9board is final, subject to appeal as provided in chapter 14. For permit applications filed 172.10after October 1, 2001, section 15.99 applies to feedlot permits issued by the agency or a 172.11county pursuant to this subdivision. 172.12(c) For the purpose of administration of rules adopted under this subdivision, the 172.13commissioner and the agency may provide exceptions for cases where the owner of a 172.14feedlot has specific written plans to close the feedlot within five years. These exceptions 172.15include waiving requirements for major capital improvements. 172.16(d) For purposes of this subdivision, a discharge caused by an extraordinary natural 172.17event such as a precipitation event of greater magnitude than the 25-year, 24-hour event, 172.18tornado, or flood in excess of the 100-year flood is not a "direct discharge of pollutants." 172.19(e) In adopting and enforcing rules under this subdivision, the commissioner shall 172.20cooperate closely with other governmental agencies. 172.21(f) The Pollution Control Agency shall work with the Minnesota Extension Service, 172.22the Department of Agriculture, the Board of Water and Soil Resources, producer groups, 172.23local units of government, as well as with appropriate federal agencies such as the Natural 172.24Resources Conservation Service and the Farm Service Agency, to notify and educate 172.25producers of rules under this subdivision at the time the rules are being developed and 172.26adopted and at least every two years thereafter. 172.27(g) The Pollution Control Agency shall adopt rules governing the issuance and 172.28denial of permits for livestock feedlots, poultry lots or other animal lots pursuant to this 172.29section. Pastures are exempt from the rules authorized under this paragraph. A feedlot 172.30permit is not required for livestock feedlots with more than ten but less than 50 animal 172.31units; provided they are not in shoreland areas. A livestock feedlot permit does not 172.32become required solely because of a change in the ownership of the buildings, grounds, 172.33or feedlot. These rules apply both to permits issued by counties and to permits issued 172.34by the Pollution Control Agency directly. 172.35(h) The Pollution Control Agency shall exercise supervising authority with respect 172.36to the processing of animal lot permit applications by a county. 173.1(i) Any new rules or amendments to existing rules proposed under the authority 173.2granted in this subdivision, or to implement new fees on animal feedlots, must be 173.3submitted to the members of legislative policy and finance committees with jurisdiction 173.4over agriculture and the environment prior to final adoption. The rules must not become 173.5effective until 90 days after the proposed rules are submitted to the members. 173.6(j) Until new rules are adopted that provide for plans for manure storage structures, 173.7any plans for a liquid manure storage structure must be prepared or approved by a 173.8registered professional engineer or a United States Department of Agriculture, Natural 173.9Resources Conservation Service employee. 173.10(k) A county may adopt by ordinance standards for animal feedlots that are more 173.11stringent than standards in Pollution Control Agency rules. 173.12(l) After January 1, 2001, a county that has not accepted delegation of the feedlot 173.13permit program must hold a public meeting prior to the agency issuing a feedlot permit 173.14for a feedlot facility with 300 or more animal units, unless another public meeting has 173.15been held with regard to the feedlot facility to be permitted. 173.16(m) After the proposed rules published in the State Register, volume 24, number 25, 173.17are finally adopted, the agency may not impose additional conditions as a part of a feedlot 173.18permit, unless specifically required by law or agreed to by the feedlot operator. 173.19(n) For the purposes of feedlot permitting, a discharge from land-applied manure 173.20or a manure stockpile that is managed according to agency rule must not be subject to 173.21a fine for a discharge violation. 173.22(o) For the purposes of feedlot permitting, manure that is land applied, or a manure 173.23stockpile that is managed according to agency rule, must not be considered a discharge 173.24into waters of the state, unless the discharge is to waters of the state, as defined by 173.25section 103G.005, subdivision 17, except type 1 or type 2 wetlands, as defined in section 173.26103G.005, subdivision 17b , and does not meet discharge standards established for feedlots 173.27under agency rule. 173.28(p) Unless the upgrade is needed to correct an immediate public health threat under 173.29section 145A.04, subdivision 8, or the facility is determined to be a concentrated animal 173.30feeding operation under Code of Federal Regulations, title 40, section 122.23, in effect on 173.31April 15, 2003, the agency may not require a feedlot operator: 173.32(1) to spend more than $3,000 to upgrade an existing feedlot with less than 300 173.33animal units unless cost-share money is available to the feedlot operator for 75 percent of 173.34the cost of the upgrade; or 174.1(2) to spend more than $10,000 to upgrade an existing feedlot with between 300 174.2and 500 animal units, unless cost-share money is available to the feedlot operator for 75 174.3percent of the cost of the upgrade or $50,000, whichever is less. 174.4(q) For the purposes of this section, "pastures" means areas, including winter feeding 174.5areas as part of a grazing area, where grass or other growing plants are used for grazing 174.6and where the concentration of animals allows a vegetative cover to be maintained during 174.7the growing season except that vegetative cover is not required: 174.8(1) in the immediate vicinity of supplemental feeding or watering devices; 174.9(2) in associated corrals and chutes where livestock are gathered for the purpose of 174.10sorting, veterinary services, loading and unloading trucks and trailers, and other necessary 174.11activities related to good animal husbandry practices; and 174.12(3) in associated livestock access lanes used to convey livestock to and from areas 174.13of the pasture. 174.14 new text begin (r) A feedlot operator who stores and applies up to 100,000 gallons per calendar year new text end 174.15 new text begin of private truck wash wastewater resulting from trucks that transport animals or supplies new text end 174.16 new text begin to and from the feedlot does not require a permit to land-apply industrial by-products new text end 174.17 new text begin if the feedlot operator stores and applies the wastewater in accordance with Pollution new text end 174.18 new text begin Control Agency requirements for land applications of industrial by-product that do not new text end 174.19 new text begin require a permit. new text end 174.20 new text begin (s) A feedlot operator who holds a permit from the Pollution Control Agency to new text end 174.21 new text begin land-apply industrial by-products from a private truck wash is not required to have a new text end 174.22 new text begin certified land applicator apply the private truck wash wastewater if the wastewater is new text end 174.23 new text begin applied by the feedlot operator to cropland owned or leased by the feedlot operator or new text end 174.24 new text begin by a commercial animal waste technician licensed by the commissioner of agriculture new text end 174.25 new text begin under chapter 18C. new text end 174.26 new text begin For purposes of this paragraph and paragraph (r), "private truck wash" means a truck new text end 174.27 new text begin washing facility owned or leased, operated, and used only by a feedlot operator to wash new text end 174.28 new text begin trucks owned or leased by the feedlot operator and used to transport animals or supplies new text end 174.29 new text begin to and from the feedlot. new text end 174.30    Sec. 119. Minnesota Statutes 2014, section 116.07, is amended by adding a subdivision 174.31to read: 174.32     new text begin Subd. 13. new text end new text begin Limitation regarding certain policies, guidelines, and other new text end 174.33 new text begin nonbinding interpretive statements. new text end new text begin The commissioner shall not seek to implement or new text end 174.34 new text begin enforce against any entity or permittee a policy, guideline, or other nonbinding interpretive new text end 174.35 new text begin statement that meets the definition of a rule under chapter 14 if the policy, guideline, or new text end 175.1 new text begin other nonbinding interpretive statement has not been adopted as a rule in accordance new text end 175.2 new text begin with chapter 14. new text end 175.3    Sec. 120. Minnesota Statutes 2014, section 116C.991, is amended to read: 175.4116C.991 ENVIRONMENTAL REVIEW; SILICA SAND PROJECTS. 175.5(a) Until July 1, 2015 new text begin a final rule is adopted pursuant to Laws 2013, chapter 114, new text end 175.6 new text begin article 4, section 105, paragraph (d) new text end , an environmental assessment worksheet must be 175.7prepared for any silica sand project that meets or exceeds the following thresholds, 175.8unless the project meets or exceeds the thresholds for an environmental impact statement 175.9under rules of the Environmental Quality Board and an environmental impact statement 175.10must be prepared: 175.11(1) excavates 20 or more acres of land to a mean depth of ten feet or more during its 175.12existence. The local government is the responsible governmental unit; or 175.13(2) is designed to store or is capable of storing more than 7,500 tons of silica sand or 175.14has an annual throughput of more than 200,000 tons of silica sand and is not required to 175.15receive a permit from the Pollution Control Agency. The Pollution Control Agency is the 175.16responsible governmental unit. 175.17(b) In addition to the contents required under statute and rule, an environmental 175.18assessment worksheet completed according to this section must include: 175.19(1) a hydrogeologic investigation assessing potential groundwater and surface water 175.20effects and geologic conditions that could create an increased risk of potentially significant 175.21effects on groundwater and surface water; 175.22(2) for a project with the potential to require a groundwater appropriation permit 175.23from the commissioner of natural resources, an assessment of the water resources 175.24available for appropriation; 175.25(3) an air quality impact assessment that includes an assessment of the potential 175.26effects from airborne particulates and dust; 175.27(4) a traffic impact analysis, including documentation of existing transportation 175.28systems, analysis of the potential effects of the project on transportation, and mitigation 175.29measures to eliminate or minimize adverse impacts; 175.30(5) an assessment of compatibility of the project with other existing uses; and 175.31(6) mitigation measures that could eliminate or minimize any adverse environmental 175.32effects for the project. 175.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 176.1    Sec. 121. Minnesota Statutes 2014, section 116D.04, is amended by adding a 176.2subdivision to read: 176.3     new text begin Subd. 17. new text end new text begin Discretionary review notification. new text end new text begin The commissioners of natural new text end 176.4 new text begin resources and the Pollution Control Agency, when ordering the preparation of a new text end 176.5 new text begin discretionary environmental impact statement or discretionary environmental assessment new text end 176.6 new text begin worksheet for a proposed action, must notify the proposer of the action by certified mail at new text end 176.7 new text begin least 21 calendar days prior to making the order. new text end 176.8    Sec. 122. Minnesota Statutes 2014, section 127A.353, subdivision 1, is amended to 176.9read: 176.10    Subdivision 1. Appointment. The school trust lands director shall be appointed 176.11by the governor. The commissioner of administration shall provide office space for 176.12the director. The commissioner shall provide human resources, payroll, accounting, 176.13procurement, and other similar administrative services to the school trust lands director. 176.14The director's appointment is subject to the advice and consent of the senate. 176.15    Sec. 123. Minnesota Statutes 2014, section 144.12, is amended by adding a subdivision 176.16to read: 176.17     new text begin Subd. 4. new text end new text begin Camper cabins and bunk houses. new text end new text begin Camper cabins and bunk houses are new text end 176.18 new text begin exempt from floor space, air space, or bed spacing requirements applicable to lodging new text end 176.19 new text begin establishments adopted by the commissioner. For the purposes of this section: new text end 176.20 new text begin (1) "bunk house" means a building, structure, or enclosure intended to sleep more new text end 176.21 new text begin than one person for up to three nights that does not include a kitchen or bathroom; and new text end 176.22 new text begin (2) "camper cabin" means a permanent rustic enclosure with walls and a floor new text end 176.23 new text begin that does not include a kitchen or bath; is located in a state park administered by the new text end 176.24 new text begin commissioner of natural resources, at a resort as defined under section 157.15, subdivision new text end 176.25 new text begin 11, or at a recreational camping area as defined under section 327.14, subdivision 8; and is new text end 176.26 new text begin intended to be a place where sleeping accommodations are furnished to the public. new text end 176.27    Sec. 124. Minnesota Statutes 2014, section 171.07, is amended by adding a subdivision 176.28to read: 176.29     new text begin Subd. 18. new text end new text begin All-terrain vehicle safety certificate. new text end new text begin (a) The department shall maintain new text end 176.30 new text begin in its records information transmitted electronically from the commissioner of natural new text end 176.31 new text begin resources identifying each person to whom the commissioner has issued an all-terrain new text end 176.32 new text begin vehicle safety certificate. The records transmitted from the Department of Natural new text end 176.33 new text begin Resources must contain the full name and date of birth as required for the driver's license new text end 177.1 new text begin or identification card. Records that are not matched to a driver's license or identification new text end 177.2 new text begin card record may be deleted after seven years. new text end 177.3 new text begin (b) After receiving information under paragraph (a) that a person has received an new text end 177.4 new text begin all-terrain vehicle safety certificate, the department shall include, on all drivers' licenses new text end 177.5 new text begin or Minnesota identification cards subsequently issued to the person, a graphic or written new text end 177.6 new text begin indication that the person has received the certificate. new text end 177.7 new text begin (c) If a person who has received an all-terrain vehicle safety certificate applies new text end 177.8 new text begin for a driver's license or Minnesota identification card before that information has been new text end 177.9 new text begin transmitted to the department, the department may accept a copy of the certificate as proof new text end 177.10 new text begin of its issuance and shall then follow the procedures in paragraph (b). new text end 177.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2016, or the date the new new text end 177.12 new text begin driver and vehicle services information technology system is implemented, whichever new text end 177.13 new text begin comes later. new text end 177.14    Sec. 125. Minnesota Statutes 2014, section 282.011, subdivision 3, is amended to read: 177.15    Subd. 3. Title examination. The commissioner of revenue shall, if requested by the 177.16purchaser or the county attorney of the county where all or a portion of the land is situated, 177.17deliver the deed to the county attorney for use under new text begin Minnesota Statutes 2014, new text end section 177.1888.48, subdivision 5 , but such delivery shall not be considered delivery to the purchaser. 177.19The county attorney shall be instructed when taking the transferral of the deed that said 177.20deed shall not be delivered to the purchaser unless the land involved is accepted as and 177.21placed into an auxiliary forest. 177.22    Sec. 126. Minnesota Statutes 2014, section 446A.073, subdivision 1, is amended to 177.23read: 177.24    Subdivision 1. Program established. When money is appropriated for grants 177.25under this program, the authority shall award grants up to a maximum of $3,000,000 to 177.26governmental units to cover up to one-half the cost of wastewater treatment or storm water 177.27 new text begin infrastructure new text end projects made necessary by: 177.28(1) a wasteload reduction prescribed under a total maximum daily load plan required 177.29by section 303(d) of the federal Clean Water Act, United States Code, title 33, section 177.301313(d); 177.31(2) a phosphorus concentration or mass limit which requires discharging one 177.32milligram per liter or less at permitted design flow which is incorporated into a permit 177.33issued by the Pollution Control Agency; 178.1(3) any other water quality-based effluent limit established under section 115.03, 178.2subdivision 1, paragraph (e), clause (8), and incorporated into a permit issued by the 178.3Pollution Control Agency that exceeds secondary treatment limits; or 178.4(4) a total nitrogen limit of ten milligrams per liter or less for a land-based treatment 178.5system. 178.6    Sec. 127. Minnesota Statutes 2014, section 446A.073, subdivision 3, is amended to 178.7read: 178.8    Subd. 3. Project priorities. When money is appropriated for grants under this 178.9program, the authority shall accept applications during the month of July and reserve 178.10money for projects expected to proceed with construction by the end of the fiscal year in 178.11the order listed on the Pollution Control Agency's project priority list and in an amount 178.12based on the cost estimate submitted to the authority in the grant application or the as-bid 178.13costs, whichever is less. new text begin Notwithstanding Minnesota Rules, chapter 7077, the Pollution new text end 178.14 new text begin Control Agency may rank a drinking water infrastructure project on the agency's project new text end 178.15 new text begin priority list if the project is necessary to meet an applicable requirement in subdivision 1. new text end 178.16    Sec. 128. Minnesota Statutes 2014, section 446A.073, subdivision 4, is amended to 178.17read: 178.18    Subd. 4. Grant approval. The authority must make a grant for an eligible project 178.19only after: 178.20(1) the applicant has submitted the as-bid cost for the wastewater treatment or storm 178.21water new text begin infrastructure new text end project; 178.22(2) the Pollution Control Agency has approved the as-bid costs and certified the 178.23grant eligible portion of the project; and 178.24(3) the authority has determined that the additional financing necessary to complete 178.25the project has been committed from other sources. 178.26    Sec. 129. Minnesota Statutes 2014, section 473.1565, is amended to read: 178.27473.1565 METROPOLITAN AREA WATER SUPPLY PLANNING 178.28ACTIVITIES; ADVISORY COMMITTEE new text begin COMMITTEES new text end . 178.29    Subdivision 1. Planning activities. (a) The Metropolitan Council must carry out 178.30planning activities addressing the water supply needs of the metropolitan area as defined 178.31in section 473.121, subdivision 2. The planning activities must include, at a minimum: 178.32    (1) development and maintenance of a base of technical information needed for 178.33sound water supply decisions including surface and groundwater availability analyses, 179.1water demand projections, water withdrawal and use impact analyses, modeling, and 179.2similar studies; 179.3    (2) development and periodic update of a metropolitan area master water supply 179.4plan, prepared in cooperation with and subject to the approval of the commissioner of 179.5natural resources new text begin policy advisory committee established in this section new text end , that: 179.6    (i) provides guidance for local water supply systems and future regional investments; 179.7    (ii) emphasizes conservation, interjurisdictional cooperation, and long-term 179.8sustainability; and 179.9    (iii) addresses the reliability, security, and cost-effectiveness of the metropolitan area 179.10water supply system and its local and subregional components; 179.11    (3) recommendations for clarifying the appropriate roles and responsibilities of 179.12local, regional, and state government in metropolitan area water supply; 179.13    (4) recommendations for streamlining and consolidating metropolitan area water 179.14supply decision-making and approval processes; and 179.15    (5) recommendations for the ongoing and long-term funding of metropolitan area 179.16water supply planning activities and capital investments. 179.17    (b) The council must carry out the planning activities in this subdivision in 179.18consultation with the Metropolitan Area Water Supply new text begin Policy and Technical new text end Advisory 179.19Committee new text begin Committees new text end established in subdivision 2 new text begin this section new text end . 179.20    Subd. 2. new text begin Policy new text end advisory committee. (a) A Metropolitan Area Water Supply 179.21 new text begin Policy new text end Advisory Committee is established to assist the council in its planning activities in 179.22subdivision 1. The new text begin policy new text end advisory committee has the following membership: 179.23    (1) the commissioner of agriculture or the commissioner's designee; 179.24    (2) the commissioner of health or the commissioner's designee; 179.25    (3) the commissioner of natural resources or the commissioner's designee; 179.26    (4) the commissioner of the Pollution Control Agency or the commissioner's 179.27designee; 179.28    (5) two officials of counties that are located in the metropolitan area, appointed by 179.29the governor new text begin , in consultation with the Association of Minnesota Counties new text end ; 179.30    (6) five officials of noncounty local governmental units that are located in the 179.31metropolitan area, appointed by the governor new text begin , in consultation with the Association of new text end 179.32 new text begin Metropolitan Municipalities new text end ; 179.33    (7) the chair of the Metropolitan Council or the chair's designee, who is chair of the 179.34advisory committee; and 180.1(8) one official each from the counties of Chisago, Isanti, Sherburne, and Wright, 180.2appointed by the governor new text begin , in consultation with the Association of Minnesota Counties new text end 180.3 new text begin and the League of Minnesota Cities; and new text end 180.4 new text begin (9) a representative of the Saint Paul Regional Water Services, appointed by and new text end 180.5 new text begin serving at the pleasure of the Saint Paul Regional Water Services, and a representative new text end 180.6 new text begin of the Minneapolis Water Department, appointed by and serving at the pleasure of the new text end 180.7 new text begin mayor of the city of Minneapolis new text end . 180.8    A local government unit in each of the seven counties in the metropolitan area 180.9and Chisago, Isanti, Sherburne, and Wright Counties must be represented in the 11 180.10appointments made under clauses (5), (6), and (8). 180.11    (b) Members of the advisory committee appointed by the governor serve at the 180.12pleasure of the governor. Members of the advisory committee serve without compensation 180.13but may be reimbursed for their reasonable expenses as determined by the Metropolitan 180.14Council. The advisory committee expires December 31, 2016. 180.15    (c) The council must consider the work and recommendations of the new text begin policy new text end advisory 180.16committee when the council is preparing its regional development framework. 180.17     new text begin Subd. 2a. new text end new text begin Technical advisory committee. new text end new text begin A Metropolitan Area Water Supply new text end 180.18 new text begin Technical Advisory Committee is established to inform the policy advisory committee's new text end 180.19 new text begin work by providing scientific and engineering expertise necessary to provide the region new text end 180.20 new text begin an adequate and sustainable water supply. The technical advisory committee consists of new text end 180.21 new text begin 15 members appointed by the policy advisory committee, with the majority of members new text end 180.22 new text begin representing single-city and multicity public water supply systems in the metropolitan new text end 180.23 new text begin area and including experts in: new text end 180.24 new text begin (1) water resources analysis and modeling; new text end 180.25 new text begin (2) hydrology; and new text end 180.26 new text begin (3) the engineering, planning, design, and construction of water systems or water new text end 180.27 new text begin systems finance. new text end 180.28 new text begin Members of the technical advisory committee serve at the pleasure of the policy advisory new text end 180.29 new text begin committee, without compensation, but may be reimbursed for their reasonable expenses as new text end 180.30 new text begin determined by the council. new text end 180.31    Subd. 3. Reports to legislature. new text begin (a) new text end The council must submit reports to the 180.32legislature regarding its findings, recommendations, and continuing planning activities 180.33under subdivision 1. These reports shall be included in the "Minnesota Water Plan" 180.34required in section 103B.151, and five-year interim reports may be provided as necessary. 180.35 new text begin (b) By February 15, 2017, and at least every five years thereafter, the policy advisory new text end 180.36 new text begin committee shall report to the council, the Legislative Water Commission, and the chairs new text end 181.1 new text begin and ranking minority members of the house of representatives and senate committees and new text end 181.2 new text begin divisions with jurisdiction over environment and natural resources with the information new text end 181.3 new text begin required under this section. The policy advisory committee's report and recommendations new text end 181.4 new text begin must include information provided by the technical advisory committee. new text end 181.5 new text begin EFFECTIVE DATE; APPLICATION. new text end new text begin This section is effective the day following new text end 181.6 new text begin final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, new text end 181.7 new text begin Scott, and Washington. new text end 181.8    Sec. 130. new text begin SURPLUS STATE LAND SALES. new text end 181.9 new text begin The school trust lands director shall identify, in consultation with the commissioner new text end 181.10 new text begin of natural resources, at least $5,000,000 in state-owned lands suitable for sale. The lands new text end 181.11 new text begin identified shall not be within a unit of the outdoor recreation system under Minnesota new text end 181.12 new text begin Statutes, section 86A.05, an administrative site, or trust land. The commissioner shall new text end 181.13 new text begin sell at least $3,000,000 worth of lands identified under this section by June 30, 2017. new text end 181.14 new text begin Notwithstanding Minnesota Statutes, section 94.16, subdivision 3, or any other law to the new text end 181.15 new text begin contrary, the amount of the proceeds from the sale of lands that exceeds the actual expenses new text end 181.16 new text begin of selling the lands must be deposited in the school trust lands account and used to new text end 181.17 new text begin extinguish the school trust interest as provided under Minnesota Statutes, section 92.83, on new text end 181.18 new text begin school trust lands that have public water access sites or old growth forests located on them. new text end 181.19    Sec. 131. new text begin REQUIRED RULEMAKING; SUBSURFACE SEWAGE TREATMENT new text end 181.20 new text begin SYSTEMS. new text end 181.21 new text begin The commissioner of the Pollution Control Agency shall adopt rules, using the new text end 181.22 new text begin expedited rulemaking process in Minnesota Statutes, section 14.389, that set forth new text end 181.23 new text begin procedures to conform with the changes to Minnesota Statutes, chapter 115, under this act new text end 181.24 new text begin and to streamline the subsurface sewage treatment system (SSTS) license application and new text end 181.25 new text begin renewal process in a manner that: new text end 181.26 new text begin (1) surety bond and insurance requirements of licensed SSTS businesses meet the new text end 181.27 new text begin requirements of Minnesota Statutes, chapter 115 and section 326B.46, subdivision 2; and new text end 181.28 new text begin (2) properly trained SSTS installers may complete work on a building sewer with new text end 181.29 new text begin respect to the Plumbing Code and plumbing program and SSTS designers and inspectors new text end 181.30 new text begin may complete work on a building sewer connected to an SSTS with respect to the new text end 181.31 new text begin Plumbing Code and plumbing program. new text end 181.32    Sec. 132. new text begin WETLAND CONSERVATION ACT REPORT. new text end 182.1 new text begin By March 15, 2016, the Board of Water and Soil Resources, in cooperation with the new text end 182.2 new text begin Department of Natural Resources, shall report to the committees with jurisdiction over new text end 182.3 new text begin environment and natural resources on the proposals to implement high priority areas for new text end 182.4 new text begin wetland replacement and in-lieu fees for replacement and modify wetland replacement new text end 182.5 new text begin siting and actions eligible for credit. In developing the report, the board and department new text end 182.6 new text begin shall consult with stakeholders and agencies. new text end 182.7    Sec. 133. new text begin ALL-TERRAIN VEHICLE REGISTRATION TRANSITION. new text end 182.8 new text begin (a) A person must have an unexpired class 1 or class 2 all-terrain vehicle or off-road new text end 182.9 new text begin vehicle registration and may continue to display the unexpired class 1 or class 2 all-terrain new text end 182.10 new text begin vehicle or off-road vehicle registration until the electronic licensing system has been new text end 182.11 new text begin upgraded to conform with the amendments to Minnesota Statutes, section 84.92, under new text end 182.12 new text begin this act. new text end 182.13 new text begin (b) When the electronic licensing system has been upgraded, a person who possesses new text end 182.14 new text begin an unexpired class 1 or class 2 all-terrain vehicle or off-road vehicle registration may new text end 182.15 new text begin continue to display that unexpired class 1 or class 2 all-terrain vehicle or off-road vehicle new text end 182.16 new text begin registration until the class 1 or class 2 all-terrain vehicle or off-road vehicle registration is new text end 182.17 new text begin renewed, transferred, or replacement registration is applied for. new text end 182.18    Sec. 134. new text begin COST ANALYSIS OF WATER QUALITY STANDARDS. new text end 182.19 new text begin (a) The commissioner of management and budget, after consultation with the new text end 182.20 new text begin commissioner of the Pollution Control Agency, shall issue a request for proposal not to new text end 182.21 new text begin exceed $500,000 to contract with a nonstate entity for an engineering cost analysis of new text end 182.22 new text begin current and recently adopted, proposed, or anticipated changes to water quality standards new text end 182.23 new text begin and rules, including: new text end 182.24 new text begin (1) recently adopted or proposed changes to total suspended solid, nutrient, chloride, new text end 182.25 new text begin nitrate, and sulfate standards; new text end 182.26 new text begin (2) proposed nondegradation rulemaking provisions; and new text end 182.27 new text begin (3) proposed changes to water quality standards to incorporate a tiered aquatic new text end 182.28 new text begin life use framework. new text end 182.29 new text begin (b) The contractor may employ engineering subcontractors serving local new text end 182.30 new text begin governments to complete the analysis. The analysis must include a cost analysis for a new text end 182.31 new text begin representative sample of at least 15 communities and provide an estimate of the cost impact new text end 182.32 new text begin to average residential and commercial connections in those communities. The sample new text end 182.33 new text begin must include a diverse set of communities based on geography, watersheds, community new text end 183.1 new text begin size, wastewater facility types and operators, storm water system types, and other factors new text end 183.2 new text begin to ensure the analysis is representative of the state as a whole. The analysis must include: new text end 183.3 new text begin (1) an estimate of the overall capital and operating costs to maintain and upgrade new text end 183.4 new text begin wastewater and storm water systems for existing water quality standards; new text end 183.5 new text begin (2) an estimate of the overall capital and operating costs likely to be incurred new text end 183.6 new text begin to upgrade wastewater and storm water systems for recently adopted, proposed, or new text end 183.7 new text begin anticipated changes to water quality standards; and new text end 183.8 new text begin (3) an estimate of the incremental effect to overall water quality in the receiving new text end 183.9 new text begin waters as a direct result of the recently adopted, proposed, or anticipated changes to new text end 183.10 new text begin water quality standards. new text end 183.11 new text begin (c) The commissioner shall submit the analysis to the chairs and ranking minority new text end 183.12 new text begin members of the committees and divisions of the house of representatives and senate with new text end 183.13 new text begin jurisdiction over water quality standards no later than January 1, 2017. new text end 183.14 new text begin (d) Any appropriation for the contract under paragraph (a) does not cancel and is new text end 183.15 new text begin available until expended. Any money in excess of the $500,000 needed must be paid new text end 183.16 new text begin from the agency's base budget. new text end 183.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 183.18    Sec. 135. new text begin RED RIVER MINIMUM WATER QUALITY STANDARDS. new text end 183.19 new text begin As part of achieving phosphorous reductions needed to protect the Red River and new text end 183.20 new text begin Lake Winnipeg, the Minnesota Pollution Control Agency shall work with the North Dakota new text end 183.21 new text begin Department of Health and the United States Environmental Protection Agency Regions 5 new text end 183.22 new text begin and 8 and with wastewater treatment plants in the Red River Basin that discharge more new text end 183.23 new text begin than 1,800 pounds of phosphorus per year to place wastewater treatment plants on a new text end 183.24 new text begin schedule to achieve a one milligram per liter total phosphorus effluent limit no sooner than new text end 183.25 new text begin 2025, unless a sooner date is mutually agreed to for a treatment plant by the agencies. new text end 183.26    Sec. 136. new text begin WILD RICE WATER QUALITY STANDARDS. new text end 183.27 new text begin (a) Until the commissioner of the Pollution Control Agency amends rules refining new text end 183.28 new text begin the wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, to new text end 183.29 new text begin consider all independent research and publicly funded research and to include criteria for new text end 183.30 new text begin identifying waters and a list of waters subject to the standard, implementation of the wild new text end 183.31 new text begin rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, shall be limited new text end 183.32 new text begin to the following, unless the permittee requests additional conditions: new text end 184.1 new text begin (1) when issuing, modifying, or renewing national pollutant discharge elimination new text end 184.2 new text begin system (NPDES) or state disposal system (SDS) permits, the agency shall endeavor to new text end 184.3 new text begin protect wild rice, and in doing so shall be limited by the following conditions: new text end 184.4 new text begin (i) the agency shall not require permittees to expend money for design or new text end 184.5 new text begin implementation of sulfate treatment technologies or other forms of sulfate mitigation; and new text end 184.6 new text begin (ii) the agency may require sulfate minimization plans in permits; and new text end 184.7 new text begin (2) the agency shall not list waters containing natural beds of wild rice as impaired new text end 184.8 new text begin for sulfate under section 303(d) of the federal Clean Water Act, United States Code, title new text end 184.9 new text begin 33, section 1313, until the rulemaking described in this paragraph takes effect. new text end 184.10 new text begin (b) Upon the rule described in paragraph (a) taking effect, the agency may reopen new text end 184.11 new text begin permits issued or reissued after the effective date of this section as needed to include new text end 184.12 new text begin numeric permit limits based on the wild rice water quality standard. new text end 184.13 new text begin (c) The commissioner shall complete the rulemaking described in paragraph (a) by new text end 184.14 new text begin January 15, 2018. new text end 184.15    Sec. 137. new text begin FEDERAL CLEAN WATER ACT SECTION 404 PERMIT PROGRAM new text end 184.16 new text begin FEASIBILITY STUDY. new text end 184.17 new text begin (a) The Board of Water and Soil Resources and the commissioner of natural new text end 184.18 new text begin resources shall study the feasibility of the state assuming administration of the section new text end 184.19 new text begin 404 permit program of the federal Clean Water Act. The United States Army Corps of new text end 184.20 new text begin Engineers, St. Paul District; and the United States Environmental Protection Agency shall new text end 184.21 new text begin be consulted with during the development of the study. The study shall identify: new text end 184.22 new text begin (1) the federal requirements for state assumption of the 404 program; new text end 184.23 new text begin (2) the potential extent of assumption, including those waters that would remain under new text end 184.24 new text begin the jurisdiction of the United States Army Corps of Engineers due to the prohibition of 404 new text end 184.25 new text begin assumption in certain waters as defined in section 404(g)(1) of the federal Clean Water Act; new text end 184.26 new text begin (3) differences in waters regulated under Minnesota laws compared to waters of the new text end 184.27 new text begin United States, including complications and potential solutions to address the current new text end 184.28 new text begin uncertainties relating to determining waters of the United States; new text end 184.29 new text begin (4) measures to ensure the protection of aquatic resources consistent with the Clean new text end 184.30 new text begin Water Act, Wetland Conservation Act, and the public waters program administered by the new text end 184.31 new text begin Department of Natural Resources; new text end 184.32 new text begin (5) changes to existing state law, including changes to current implementation new text end 184.33 new text begin structure and processes, that would need to occur to allow for state assumption of the new text end 184.34 new text begin 404 program; new text end 185.1 new text begin (6) new agency responsibilities for implementing federal requirements and new text end 185.2 new text begin procedures that would become the obligation of the state under assumption, including the new text end 185.3 new text begin staff and resources needed for implementation; new text end 185.4 new text begin (7) the estimated costs and savings that would accrue to affected units of government; new text end 185.5 new text begin (8) the effect on application review and approval processes and time frames; new text end 185.6 new text begin (9) alternatives to assumption that would also achieve the goals of regulatory new text end 185.7 new text begin simplification, efficiency, and reduced permitting times; new text end 185.8 new text begin (10) options for financing any additional costs of implementation; and new text end 185.9 new text begin (11) other information as determined by the board and commissioner. new text end 185.10 new text begin (b) The board and commissioner shall involve stakeholders in the development of new text end 185.11 new text begin the plan of study consistent with Minnesota Statutes, section 103B.101, subdivision 16. new text end 185.12 new text begin (c) By January 15, 2017, the board and commissioner must report the study to the new text end 185.13 new text begin legislative policy and finance committees and divisions with jurisdiction over environment new text end 185.14 new text begin and natural resources. new text end 185.15    Sec. 138. new text begin METROPOLITAN PARKS; INTEREST EARNINGS. new text end 185.16 new text begin Notwithstanding Laws 1985, First Special Session chapter 15, section 5, subdivision new text end 185.17 new text begin 2, paragraph (b), and Laws 1987, chapter 384, article 3, section 45, the Metropolitan new text end 185.18 new text begin Council shall use the interest earnings in Laws 1985, First Special Session chapter 15, new text end 185.19 new text begin section 5, subdivision 2, for the use and betterment of all regional recreational open space new text end 185.20 new text begin lands under the jurisdiction of the Metropolitan Council. new text end 185.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2018. new text end 185.22    Sec. 139. new text begin REFUNDS; YOUTH BEAR LICENSES. new text end 185.23 new text begin The commissioner of natural resources may issue refunds for youth bear licenses new text end 185.24 new text begin that were purchased between August 1, 2013, and June 30, 2014, to individuals who were new text end 185.25 new text begin 10, 11, or 12 years old at the time of purchase until June 30, 2016. new text end 185.26    Sec. 140. new text begin WATER RETENTION PROJECTS. new text end 185.27 new text begin By August 1, 2015, the commissioner of natural resources, in cooperation with new text end 185.28 new text begin the commissioners of agriculture and the Pollution Control Agency, the Board of Water new text end 185.29 new text begin and Soil Resources, and other interested parties, shall develop proposals for significant new text end 185.30 new text begin large-scale projects that provide flood water retention, water quality improvements, new text end 185.31 new text begin nutrient and sediment reduction, and wildlife habitat for submission to the Lessard-Sams new text end 185.32 new text begin Outdoor Heritage Council, Clean Water Council, and the Legislative-Citizen Commission new text end 185.33 new text begin on Minnesota Resources for funding in fiscal year 2017. Any deadlines established by the new text end 186.1 new text begin Lessard-Sams Outdoor Heritage Council, Clean Water Council, or the Legislative-Citizen new text end 186.2 new text begin Commission on Minnesota Resources are waived for purposes of the submissions. new text end 186.3    Sec. 141. new text begin WILD TURKEY CRITICAL HABITAT PLATE. new text end 186.4 new text begin The commissioner of natural resources and the commissioner of public safety must new text end 186.5 new text begin select a design depicting wild turkey when selecting designs for the next selection of critical new text end 186.6 new text begin habitat plates as provided under Minnesota Statutes, section 168.1296, subdivision 2. new text end 186.7    Sec. 142. new text begin BASE BUDGET REPORT. new text end 186.8 new text begin The commissioners of agriculture, natural resources, and the Pollution Control new text end 186.9 new text begin Agency shall each submit a report that contains the details of their base budgets, new text end 186.10 new text begin including prior appropriation riders, to the chairs and ranking minority members of the new text end 186.11 new text begin house of representatives and senate committees and divisions with jurisdiction over the new text end 186.12 new text begin environment and natural resources by October 15, 2016. new text end 186.13    Sec. 143. new text begin NEGATIVE SURFACE WATER IMPACTS; RECOMMENDATIONS. new text end 186.14 new text begin By December 15, 2015, the commissioner of natural resources shall consult with new text end 186.15 new text begin interested stakeholders and submit a report to the Legislative Water Commission and new text end 186.16 new text begin the chairs and ranking minority members of the house of representatives and senate new text end 186.17 new text begin committees and divisions with jurisdiction over the environment and natural resources new text end 186.18 new text begin policy and finance on recommendations for statutory or rule definitions and thresholds for new text end 186.19 new text begin negative impacts to surface waters as described in Minnesota Statutes, sections 103G.285 new text end 186.20 new text begin and 103G.287, subdivision 2. Stakeholders must include but are not limited to agricultural new text end 186.21 new text begin interests; environmental interests; businesses; community water suppliers; state, federal, new text end 186.22 new text begin and local agencies; universities; and other interested stakeholders. new text end 186.23    Sec. 144. new text begin RULEMAKING; SSTS; EXISTING CAMPGROUNDS AND new text end 186.24 new text begin RESORTS. new text end 186.25 new text begin (a) The commissioner of the Pollution Control Agency shall adopt rules, using the new text end 186.26 new text begin expedited rulemaking process in Minnesota Statutes, section 14.389, to eliminate the need new text end 186.27 new text begin for existing campgrounds and resorts that are open for 180 days or less per year to estimate new text end 186.28 new text begin wastewater flow rates to subsurface sewage treatment systems as required by Minnesota new text end 186.29 new text begin Rules, part 7081.0040, subpart 1, item B. The rules shall establish flow monitoring and new text end 186.30 new text begin recording for subsurface sewage treatment systems at existing campgrounds and resorts new text end 186.31 new text begin that are open for 180 days or less per year as provided in paragraphs (b) to (f). new text end 187.1 new text begin (b) The rules shall provide that existing campgrounds and resorts are allowed to use new text end 187.2 new text begin the following flow measurement methods: new text end 187.3 new text begin (1) sewage lift station pump with runtime meter and counter; new text end 187.4 new text begin (2) sewage flow meter; new text end 187.5 new text begin (3) flow meters on wells; and new text end 187.6 new text begin (4) water softener system with flow measurement when the measurement includes new text end 187.7 new text begin all flow to the subsurface soil treatment system, including backwash. new text end 187.8 new text begin (c) The measured flow rate must include the total of all treatment systems that are new text end 187.9 new text begin located on the resort or campground. If fewer than 25 percent of the systems are not new text end 187.10 new text begin measured, an average of the metered systems can be used to determine the flow from new text end 187.11 new text begin the unmetered systems. new text end 187.12 new text begin (d) A daily flow rate and daily campground occupancy rate must be recorded for a new text end 187.13 new text begin minimum of two weeks, centered on and including July 4. Weekly monitoring must also new text end 187.14 new text begin be done for an additional continuous two weeks prior and two weeks following July 4. new text end 187.15 new text begin (e) If no flow data exists, the existing campground or resort owner or operator shall new text end 187.16 new text begin implement an acceptable flow measurement plan and start measuring and recording flow new text end 187.17 new text begin data within 120 days of notification. new text end 187.18 new text begin (f) Flow measurement devices must be calibrated before start-up of monitoring and new text end 187.19 new text begin another calibration during the test to verify results. new text end 187.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 187.21    Sec. 145. new text begin RULEMAKING; SEPTIC SYSTEM PROFESSIONALS; new text end 187.22 new text begin ELIGIBILITY. new text end 187.23 new text begin The commissioner of the Pollution Control Agency shall adopt rules, using the new text end 187.24 new text begin expedited rulemaking process in Minnesota Statutes, section 14.389, to create a procedure new text end 187.25 new text begin for previously or currently certification-eligible septic system professionals to apply to new text end 187.26 new text begin re-establish or maintain certification eligibility. The conditional eligibility shall begin upon new text end 187.27 new text begin acceptance of an application by the Pollution Control Agency and end upon completion of new text end 187.28 new text begin recertification procedures, including completion of necessary continuing education and new text end 187.29 new text begin examinations. The length of the conditional eligibility shall be limited to one year. new text end 187.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 187.31    Sec. 146. new text begin INITIAL IMPLEMENTATION; WAIVERS. new text end 187.32 new text begin A soil and water conservation district must grant a conditional compliance waiver new text end 187.33 new text begin under Minnesota Statutes, section 103F.48, to landowners who have applied for and new text end 188.1 new text begin maintained eligibility for financial assistance within one year of the dates listed in new text end 188.2 new text begin Minnesota Statutes, section 103F.48, subdivision 3, paragraph (e), according to Minnesota new text end 188.3 new text begin Statutes, section 103F.48. A conditional compliance waiver also must be granted to new text end 188.4 new text begin landowners who are subject to a drainage proceeding commenced under Minnesota new text end 188.5 new text begin Statutes, sections 103E.011, subdivision 5; 103E.021, subdivision 6; and 103E.715. The new text end 188.6 new text begin conditional compliance waiver is valid until financial assistance is available for buffer new text end 188.7 new text begin installation, but not later than November 1, 2018. new text end 188.8    Sec. 147. new text begin TRANSFERS. new text end 188.9 new text begin (a) By June 30, 2015, the commissioner of management and budget shall transfer new text end 188.10 new text begin to the natural resources conservation easement stewardship account, established in new text end 188.11 new text begin Minnesota Statutes, section 84.69, the remaining balance in the forests for the future new text end 188.12 new text begin conservation easement account under Minnesota Statutes, section 84.68. new text end 188.13 new text begin (b) By June 30, 2015, the commissioner of management and budget shall transfer new text end 188.14 new text begin to the natural resources conservation easement stewardship account, established in new text end 188.15 new text begin Minnesota Statutes, section 84.69, the following amounts: new text end 188.16 new text begin (1) $114,840 from Laws 2011, First Special Session chapter 6, article 1, section new text end 188.17 new text begin 2, subdivision 3, paragraph (a); new text end 188.18 new text begin (2) $25,000 from Laws 2012, chapter 264, article 1, section 2, subdivision 5, new text end 188.19 new text begin paragraph (a); and new text end 188.20 new text begin (3) $14,000 from Laws 2013, chapter 137, article 1, section 2, subdivision 2, new text end 188.21 new text begin paragraph (c). new text end 188.22 new text begin (c) The commissioner of management and budget shall transfer additional new text end 188.23 new text begin amounts from Laws 2013, chapter 137, article 1, section 2, subdivision 2, paragraph new text end 188.24 new text begin (c), to the natural resources conservation easement stewardship account, established in new text end 188.25 new text begin Minnesota Statutes, section 84.69, upon closing on conservation easements funded by the new text end 188.26 new text begin appropriation, provided that total transfers to the account shall not exceed $42,000. new text end 188.27 new text begin (d) The commissioner of management and budget shall transfer amounts from new text end 188.28 new text begin Laws 2014, chapter 256, article 1, section 2, subdivision 2, paragraph (e), to the natural new text end 188.29 new text begin resources conservation easement stewardship account, established in Minnesota Statutes, new text end 188.30 new text begin section 84.69, upon closing on conservation easements funded by the appropriation, new text end 188.31 new text begin provided that total transfers to the account shall not exceed $112,000. new text end 188.32 new text begin (e) By June 30, 2015, the commissioner of management and budget shall transfer to new text end 188.33 new text begin the water and soil conservation easement stewardship account, established in Minnesota new text end 188.34 new text begin Statutes, section 103B.103, the following amounts: new text end 189.1 new text begin (1) $191,667 from Laws 2011, First Special Session chapter 6, article 1, section new text end 189.2 new text begin 2, subdivision 2, paragraph (c); new text end 189.3 new text begin (2) $57,750 from Laws 2011, First Special Session chapter 6, article 1, section new text end 189.4 new text begin 2, subdivision 4, paragraph (a); new text end 189.5 new text begin (3) $15,750 from Laws 2011, First Special Session chapter 6, article 1, section new text end 189.6 new text begin 2, subdivision 4, paragraph (c); new text end 189.7 new text begin (4) $48,000 from Laws 2012, chapter 264, article 1, section 2, subdivision 2, new text end 189.8 new text begin paragraph (a); new text end 189.9 new text begin (5) $1,821 from Laws 2012, chapter 264, article 1, section 2, subdivision 3, new text end 189.10 new text begin paragraph (a); new text end 189.11 new text begin (6) $26,400 from Laws 2013, chapter 137, article 1, section 2, subdivision 3, new text end 189.12 new text begin paragraph (b); new text end 189.13 new text begin (7) $26,400 from Laws 2013, chapter 137, article 1, section 2, subdivision 2, new text end 189.14 new text begin paragraph (e); new text end 189.15 new text begin (8) $4,800 from Laws 2013, chapter 137, article 1, section 2, subdivision 4, new text end 189.16 new text begin paragraph (d); and new text end 189.17 new text begin (9) $4,500 from Laws 2014, chapter 256, article 1, section 2, subdivision 2, new text end 189.18 new text begin paragraph (f). new text end 189.19 new text begin (f) The commissioner of management and budget shall continue to transfer money, new text end 189.20 new text begin appropriated to the Board of Water and Soil Resources on or before June 30, 2015, new text end 189.21 new text begin for conservation easement monitoring and enforcement funds to the water and soil new text end 189.22 new text begin conservation easement stewardship account, established in Minnesota Statutes, section new text end 189.23 new text begin 103B.103, upon closing on conservation easements, provided that total transfers to the new text end 189.24 new text begin account shall not exceed the "up to" amount specified in each appropriation. new text end 189.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 189.26    Sec. 148. new text begin REVISOR'S INSTRUCTIONS. new text end 189.27 new text begin (a) The revisor of statutes shall delete the range reference "88.47 to 88.53" wherever new text end 189.28 new text begin it appears in Minnesota Statutes and Minnesota Rules and insert "88.49 to 88.53." new text end 189.29 new text begin (b) The revisor of statutes shall renumber the subdivisions of Minnesota Statutes, new text end 189.30 new text begin section 103G.005, to retain alphabetical order and shall correct cross-references to the new text end 189.31 new text begin renumbered subdivisions. new text end 189.32    Sec. 149. new text begin REVISOR'S INSTRUCTION. new text end 189.33 new text begin The revisor of statutes shall prepare draft legislation to amend statutes to conform new text end 189.34 new text begin with structural changes to the Minnesota Pollution Control Agency under sections 110 new text end 190.1 new text begin to 113 and 147. The revisor shall submit the proposed legislation to the chairs of the new text end 190.2 new text begin house of representatives and senate committees with jurisdiction over environment policy new text end 190.3 new text begin by January 1, 2016. new text end 190.4    Sec. 150. new text begin REPEALER. new text end 190.5 new text begin (a) new text end new text begin Minnesota Statutes 2014, sections 84.68; 88.47; 88.48; 88.49, subdivisions 1, 2, new text end 190.6 new text begin and 10; 88.491, subdivision 1; 88.51, subdivision 2; and 282.013, new text end new text begin are repealed. new text end 190.7 new text begin (b) new text end new text begin Minnesota Statutes 2014, section 86B.13, subdivisions 2 and 4, new text end new text begin are repealed. new text end 190.8 new text begin (c) Minnesota Statutes 2014, section 116.02, subdivisions 2, 3, 4, 6, 7, 8, 9, and new text end 190.9 new text begin 10, new text end new text begin are repealed. new text end 190.10 new text begin (d) new text end new text begin Minnesota Statutes 2014, sections 103F.421, subdivision 5; 103F.451; and new text end 190.11 new text begin 114D.50, subdivision 4a, new text end new text begin are repealed. new text end 190.12 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (b) of this section is effective the day following new text end 190.13 new text begin final enactment. new text end 190.14ARTICLE 5 190.15GAME AND FISH 190.16    Section 1. Minnesota Statutes 2014, section 84.027, subdivision 13a, is amended to read: 190.17    Subd. 13a. Game and fish expedited permanent rules. new text begin (a) new text end In addition to the 190.18authority granted in subdivision 13, the commissioner of natural resources may adopt rules 190.19under section 14.389 that are authorized under: 190.20    (1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to 190.21designate fish spawning beds or fish preserves, to select hunters or anglers for areas, 190.22to provide for registration of game or fish, to prevent or control wildlife disease, or to 190.23correct errors or omissions in rules that do not have a substantive effect on the intent or 190.24application of the original rule; or 190.25    (2) section 84D.12 to list prohibited invasive species, regulated invasive species, and 190.26unregulated nonnative species. 190.27 new text begin (b) The commissioner of natural resources may adopt rules under section 14.389 new text end 190.28 new text begin that are authorized under chapters 97A, 97B, and 97C, for purposes in addition to those new text end 190.29 new text begin listed in paragraph (a), clause (1), subject to the notice and public hearing provisions new text end 190.30 new text begin of section 14.389, subdivision 5. new text end 190.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 190.32    Sec. 2. Minnesota Statutes 2014, section 84.0274, subdivision 3, is amended to read: 191.1    Subd. 3. Condemnation limits. No lands shall be acquired by the commissioner 191.2of natural resources by means of condemnation unless the owner requests that the 191.3owner's lands be condemned or the condemnation is specifically authorized by law. 191.4 new text begin Notwithstanding subdivision 5, paragraph (g), and sections 117.52 and 117.521, the owner new text end 191.5 new text begin shall not be paid relocation costs when the owner requests that their lands be condemned. new text end 191.6    Sec. 3. Minnesota Statutes 2014, section 84.0274, subdivision 5, is amended to read: 191.7    Subd. 5. Owner's rights. When the state proposes to purchase in fee or any lesser 191.8interest in land which will be administered by the commissioner of natural resources, the 191.9landowner shall have the following rights: 191.10    (a) the right to be informed of the specific intended use of the property and of any 191.11change in the intended use of the property which occurs during the acquisition process. 191.12The owner shall also be informed that the documents regarding the purchase will be public 191.13records if the land is purchased by the state; 191.14    (b) the right to be paid a fair price for the property. The price shall include the 191.15fair market value of the land plus: 191.16    (1) all necessary incidental costs such as abstracting and recording fees related 191.17to the sale. The costs of clearing title defects, paying taxes, and attorney's fees are not 191.18reimbursable; and 191.19    (2) any penalties incurred by the owner where the property is security for a loan or 191.20advance of credit that contains a provision requiring or permitting the imposition of a 191.21penalty if the loan or advance of credit is prepaid; 191.22    (c) the right to payment, at the owner's election, in a lump sum or in up to four 191.23annual installments; 191.24    (d) the right to have the property fairly appraised by the state. The state's appraiser 191.25shall physically inspect the property and the owner shall be allowed to accompany the 191.26appraiser when the appraisal is made. The state's appraiser shall certify in the appraisal 191.27report to having physically inspected the property and having given the landowner an 191.28opportunity to accompany the appraiser on inspections. Notwithstanding section 13.44, 191.29subdivision 3 , before an offer is made, the landowner shall be informed of the value 191.30determined pursuant to section 84.0272; 191.31    (e) the right to retain a qualified independent appraiser to conduct an appraisal at any 191.32time prior to certification of the state's appraisal of the property and to be reimbursed for 191.33appraisal fees as provided in section 117.232, subdivision 1, if the land is sold to the state 191.34and to have that appraisal considered along with the state's in certifying the selling price 191.35 new text begin and the right to be reimbursed for appraisal fees up to $1,500 if the land is sold to the state new text end ; 192.1    (f) the right to have the state acquire the property by means of condemnation upon 192.2the owner's request with the agreement of the commissioner; 192.3    (g) new text begin when the property is being acquired by condemnation or the condemnation is new text end 192.4 new text begin specifically authorized by law, new text end the right to receive or waive relocation assistance, services, 192.5payments and benefits as provided in sections 117.52 and 117.521 new text begin and to contest the state's new text end 192.6 new text begin offer for relocation and moving expenses new text end ; 192.7    (h) the right to accept the state's offer for the property and contest the state's offer for 192.8relocation and moving expenses; 192.9    (i) the right to continue occupancy of the property until full payment is received, 192.10provided that when the owner elects to receive payment in annual installments pursuant to 192.11clause (c), the owner may retain occupancy until the first payment is made; and 192.12    (j) the right to seek the advice of counsel regarding any aspect of the land transaction. 192.13    Sec. 4. Minnesota Statutes 2014, section 84D.03, subdivision 3, is amended to read: 192.14    Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested 192.15waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b) new text begin , new text end 192.16 new text begin (c), or (d), new text end and section 97C.341. 192.17    (b) In waters that are listed as infested waters, except those listed because they 192.18contain new text begin as infested with new text end prohibited invasive species of fish or certifiable diseases of fish, as 192.19defined under section 17.4982, subdivision 6, taking wild animals may be permitted for: 192.20    (1) commercial taking of wild animals for bait and aquatic farm purposes according 192.21to new text begin as provided in new text end a permit issued under section 84D.11, subject to rules adopted by the 192.22commissioner; new text begin and new text end 192.23    (2) bait purposes for noncommercial personal use in waters that contain Eurasian 192.24water milfoil, when the infested waters are listed solely because they contain Eurasian 192.25water milfoil and if the equipment for taking is limited to cylindrical minnow traps not 192.26exceeding 16 inches in diameter and 32 inches in length; and new text begin . new text end 192.27(3) new text begin (c) In streams or rivers that are listed as infested waters, except those listed as new text end 192.28 new text begin infested with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, new text end 192.29 new text begin the new text end harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers 192.30for bait from streams or rivers listed as infested waters, by hook and line for noncommercial 192.31personal use. Other provisions that apply to this clause are new text begin is allowed as follows new text end : 192.32(i) new text begin (1) new text end fish taken under this clause new text begin paragraph new text end must be used on the same body of water 192.33where caught and while still on that water body new text begin . Where the river or stream is divided by new text end 192.34 new text begin barriers such as dams, the fish must be caught and used on the same section of the river new text end 192.35 new text begin or stream new text end ; 193.1(ii) new text begin (2) new text end fish taken under this clause new text begin paragraph new text end may not be transported live from or 193.2off the water body; 193.3(iii) new text begin (3) new text end fish harvested under this clause new text begin paragraph new text end may only be used in accordance 193.4with this section; 193.5(iv) new text begin (4) new text end any other use of wild animals used for bait from infested waters is prohibited; 193.6(v) new text begin (5) new text end fish taken under this clause new text begin paragraph new text end must meet all other size restrictions 193.7and requirements as established in rules; and 193.8(vi) new text begin (6) new text end all species listed under this clause new text begin paragraph new text end shall be included in the person's 193.9daily limit as established in rules, if applicable. 193.10 new text begin (d) In the Mississippi River downstream of St. Anthony Falls and the St. new text end 193.11 new text begin Croix River downstream of the dam at Taylors Falls, including portions described as new text end 193.12 new text begin Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, new text end 193.13 new text begin items A and B, the harvest of gizzard shad by cast net for noncommercial personal use as new text end 193.14 new text begin bait for angling, as provided in a permit issued under section 84D.11, is allowed as follows: new text end 193.15     new text begin (1) nontarget species must immediately be returned to the water; new text end 193.16 new text begin (2) gizzard shad taken under this paragraph must be used on the same body of water new text end 193.17 new text begin where caught and while still on that water body. Where the river is divided by barriers new text end 193.18 new text begin such as dams, the gizzard shad must be caught and used on the same section of the river; new text end 193.19 new text begin (3) gizzard shad taken under this paragraph may not be transported off the water new text end 193.20 new text begin body; and new text end 193.21 new text begin (4) gizzard shad harvested under this paragraph may only be used in accordance new text end 193.22 new text begin with this section. new text end 193.23 new text begin This paragraph expires December 1, 2017. new text end 193.24    (c) new text begin (e) new text end Equipment authorized for minnow harvest in a listed infested water by permit 193.25issued under paragraph (b) may not be transported to, or used in, any waters other than 193.26waters specified in the permit. 193.27    Sec. 5. Minnesota Statutes 2014, section 86B.201, is amended by adding a subdivision 193.28to read: 193.29     new text begin Subd. 4. new text end new text begin Construction area restrictions. new text end new text begin The commissioner, after consulting with new text end 193.30 new text begin the governmental units and contractors involved in a construction project, may adopt, new text end 193.31 new text begin by written order, temporary water surface use controls for recreational uses at public new text end 193.32 new text begin construction and maintenance sites that cross or are adjacent to waters of the state for a new text end 193.33 new text begin period of time not to exceed the duration of the construction or maintenance project. new text end 193.34 new text begin Temporary controls adopted under this subdivision are exempt from the rulemaking new text end 193.35 new text begin requirements of chapter 14 and section 14.386 does not apply. new text end 194.1    Sec. 6. Minnesota Statutes 2014, section 86B.313, subdivision 1, is amended to read: 194.2    Subdivision 1. General requirements. (a) In addition to requirements of other laws 194.3relating to watercraft, a person may not operate or permit the operation of a personal 194.4watercraft: 194.5(1) without each person on board the personal watercraft wearing a United States 194.6Coast Guard new text begin (USCG) new text end approved Type I, II, III, or V new text begin wearable new text end personal flotation device 194.7 new text begin with a USCG label indicating it either is approved for or does not prohibit use with new text end 194.8 new text begin personal watercraft or water skiing new text end ; 194.9(2) between one hour before sunset and 9:30 a.m.; 194.10(3) at greater than slow-no wake speed within 150 feet of: 194.11(i) a shoreline; 194.12(ii) a dock; 194.13(iii) a swimmer; 194.14(iv) a raft used for swimming or diving; or 194.15(v) a moored, anchored, or nonmotorized watercraft; 194.16(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any 194.17other device unless: 194.18(i) an observer is on board; or 194.19(ii) the personal watercraft is equipped with factory-installed or factory-specified 194.20accessory mirrors that give the operator a wide field of vision to the rear; 194.21(5) without the lanyard-type engine cutoff switch being attached to the person, 194.22clothing, or personal flotation device of the operator, if the personal watercraft is equipped 194.23by the manufacturer with such a device; 194.24(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or 194.25tampered with so as to interfere with the return-to-idle system; 194.26(7) to chase or harass wildlife; 194.27(8) through emergent or floating vegetation at other than a slow-no wake speed; 194.28(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property, 194.29including weaving through congested watercraft traffic, jumping the wake of another 194.30watercraft within 150 feet of the other watercraft, or operating the watercraft while 194.31facing backwards; 194.32(10) in any other manner that is not reasonable and prudent; or 194.33(11) without a personal watercraft rules decal, issued by the commissioner, attached 194.34to the personal watercraft so as to be in full view of the operator. 195.1(b) Paragraph (a), clause (3), does not apply to a person operating a personal 195.2watercraft to launch or land a person on water skis, a kneeboard, or similar device by the 195.3most direct route to open water. 195.4    Sec. 7. Minnesota Statutes 2014, section 86B.313, subdivision 4, is amended to read: 195.5    Subd. 4. Dealers and rental operations. (a) A dealer of personal watercraft shall 195.6distribute a summary of the laws and rules governing the operation of personal watercraft 195.7and, upon request, shall provide instruction to a purchaser regarding: 195.8(1) the laws and rules governing personal watercraft; and 195.9(2) the safe operation of personal watercraft. 195.10(b) A person who offers personal watercraft for rent: 195.11(1) shall provide a summary of the laws and rules governing the operation of 195.12personal watercraft and provide instruction regarding the laws and rules and the safe 195.13operation of personal watercraft to each person renting a personal watercraft; 195.14(2) shall provide a United States Coast Guard new text begin (USCG) new text end approved Type I, II, III, or V 195.15 new text begin wearable new text end personal flotation device new text begin with a USCG label indicating it either is approved for new text end 195.16 new text begin or does not prohibit use with personal watercraft or water skiing new text end and any other required 195.17safety equipment to all persons who rent a personal watercraft at no additional cost; and 195.18(3) shall require that a watercraft operator's permit from this state or from the 195.19operator's state of residence be shown each time a personal watercraft is rented to any 195.20person younger than age 18 and shall record the permit on the form provided by the 195.21commissioner. 195.22(c) Each dealer of personal watercraft or person offering personal watercraft for rent 195.23shall have the person who purchases or rents a personal watercraft sign a form provided 195.24by the commissioner acknowledging that the purchaser or renter has been provided a copy 195.25of the laws and rules regarding personal watercraft operation and has read them. The form 195.26must be retained by the dealer or person offering personal watercraft for rent for a period 195.27of six months following the date of signature and must be made available for inspection 195.28by sheriff's deputies or conservation officers during normal business hours. 195.29    Sec. 8. Minnesota Statutes 2014, section 86B.315, is amended to read: 195.3086B.315 TOWING PERSON ON WATER SKIS OR OTHER DEVICE. 195.31    Subdivision 1. Observer or mirror required. A person may not operate a 195.32watercraft on waters of this state and new text begin create a wake for a wake surfer or new text end tow a person on 195.33water skis, an aquaplane, a surfboard, a saucer, or a similar device unless: 196.1(1) there is another person in the watercraft in addition to the operator who is in a 196.2position to continually observe the person being towed; or 196.3(2) the boat is equipped with a mirror providing the operator a wide field of vision 196.4to the rear. 196.5    Subd. 2. new text begin Prohibited new text end night skiing or towing prohibited new text begin activities new text end . new text begin On waters of this new text end 196.6 new text begin state, from one-half hour after sunset to sunrise of the following day, new text end a person may not new text begin : new text end 196.7 new text begin (1) wake surf; new text end 196.8 new text begin (2) operate a watercraft creating a wake for a wake surfer; new text end 196.9 new text begin (3) new text end be towed new text begin by a watercraft; new text end or 196.10 new text begin (4) new text end operate a watercraft towing a person on water skis, an aquaplane, a surfboard, a 196.11saucer, or another device on waters of this state from one hour after sunset to sunrise of 196.12the following day. 196.13    Sec. 9. Minnesota Statutes 2014, section 97A.015, subdivision 49, is amended to read: 196.14    Subd. 49. Undressed bird. "Undressed bird" means: 196.15(1) a bird, excluding new text begin including new text end ducks, with a fully feathered wing intact; new text begin or new text end 196.16(2) a duck with a fully feathered wing and head attached; or 196.17(3) a pheasant, Hungarian partridge, or wild turkey with one leg and foot intact. 196.18    Sec. 10. Minnesota Statutes 2014, section 97A.045, subdivision 11, is amended to read: 196.19    Subd. 11. Power to prevent or control wildlife disease. (a) If the commissioner 196.20determines that action is necessary to prevent or control a wildlife disease, the 196.21commissioner may prevent or control wildlife disease in a species of wild animal in 196.22addition to the protection provided by the game and fish laws by further limiting, closing, 196.23expanding, or opening seasons or areas of the state; by reducing or increasing limits in 196.24areas of the state; by establishing disease management zones; by authorizing free licenses; 196.25by allowing shooting from motor vehicles by persons designated by the commissioner; 196.26by issuing replacement licenses for sick animals; by requiring sample collection from 196.27hunter-harvested animals; by limiting wild animal possession, transportation, and 196.28disposition; and by restricting wildlife feeding. 196.29    (b) The commissioner shall restrict wildlife feeding within the modified accredited 196.30bovine tuberculosis zone proposed by the Board of Animal Health. In addition to any 196.31other penalties provided by law, a person who violates wildlife feeding restrictions 196.32required under this paragraph may not obtain a hunting license to take a wild animal 196.33for two years after the date of conviction. 197.1    (c) The commissioner may prevent or control wildlife disease in a species of wild 197.2animal in the state by new text begin posting restrictions on public access to active disease areas or by new text end 197.3emergency rule adopted under section 84.027, subdivision 13. 197.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 197.5    Sec. 11. Minnesota Statutes 2014, section 97A.057, subdivision 1, is amended to read: 197.6    Subdivision 1. Compliance with federal law. The commissioner shall take any 197.7action necessary to comply with the Federal Aid in Wildlife Restoration Act, United 197.8States Code, title 16, sections 669 to 669i, and the Federal Aid in Fish Restoration Act, 197.9United States Code, title 16, sections 777 to 777k. new text begin Notwithstanding section 16E.145 or new text end 197.10 new text begin any other law to the contrary, an appropriation for an information or telecommunications new text end 197.11 new text begin technology project from the game and fish fund, as established in section 97A.055, must new text end 197.12 new text begin be made to the commissioner. Any assets acquired with or expenditures made from the new text end 197.13 new text begin game and fish fund must remain under control of the commissioner. new text end 197.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 197.15    Sec. 12. Minnesota Statutes 2014, section 97A.211, subdivision 1, is amended to read: 197.16    Subdivision 1. Notice to appear in court. (a) A person must be given notice to 197.17appear in court for a misdemeanor violation of the game and fish laws; chapter 84, 84D, 197.18103E, or 103G; sections 103F.201 to 103F.221; or section 103F.601 or 609.68 if: 197.19(1) the person is arrested and is released from custody prior to appearing before a 197.20court; or 197.21(2) the person is subject to a lawful arrest and is not arrested because it reasonably 197.22appears to the enforcement officer that arrest is unnecessary to prevent further criminal 197.23conduct and that there is a substantial likelihood that the person will respond to a notice. 197.24(b) The enforcement officer shall prepare, in quadruplicate, a written new text begin or electronic new text end 197.25notice to appear in court new text begin as provided by Rules of Criminal Procedure and section 169.99 new text end . 197.26The notice must be in the form and has the effect of a summons and complaint. The notice 197.27must contain the name and address of the person charged, new text begin and new text end the offense, and new text begin . The notice new text end 197.28 new text begin must contain new text end the time and the place to appear in court. The court must have jurisdiction 197.29within the county where the offense is alleged to have been committed new text begin or must direct the new text end 197.30 new text begin defendant to contact the court or violations bureau to schedule an appearance new text end . 197.31    Sec. 13. Minnesota Statutes 2014, section 97A.211, subdivision 2, is amended to read: 198.1    Subd. 2. Release after arrest. A person arrested for a misdemeanor violation of 198.2the game and fish laws; chapter 84, 84D, 103E, or 103G; sections 103F.201 to 103F.221; 198.3or section 103F.601 or 609.68 may obtain release by signing the written notice prepared 198.4by the arresting officer promising to appear in court. The officer shall deliver a copy 198.5marked "SUMMONS" new text begin notice new text end to the person arrested. The officer must then release the 198.6person from custody. 198.7    Sec. 14. Minnesota Statutes 2014, section 97A.255, subdivision 4, is amended to read: 198.8    Subd. 4. Each violation a separate offense new text begin ; prosecution of aggregated offenses new text end . 198.9 new text begin (a) Except as allowed in paragraph (b), new text end each wild animal unlawfully taken, bought, 198.10sold, transported, or possessed is a separate offense. If acquitted, a person may not be 198.11prosecuted for a similar offense involving another animal in the same incident. 198.12 new text begin (b) In any prosecution that involves two or more offenses committed by the same new text end 198.13 new text begin person within six months in two or more counties, the accused may be prosecuted in any new text end 198.14 new text begin county in which one of the offenses was committed for all of the offenses in aggregate. new text end 198.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 198.16    Sec. 15. Minnesota Statutes 2014, section 97A.411, subdivision 3, is amended to read: 198.17    Subd. 3. Deer license. (a) Except as provided in paragraphs (b) and (c), a license 198.18to take deer by archery, firearms, or muzzleloader issued after the opening of the related 198.19archery, firearms, or muzzleloader deer season, respectively, is not valid until the second 198.20day after new text begin unless new text end it is new text begin was new text end issued new text begin prior to legal shooting hours on the day of its first use new text end . 198.21(b) The commissioner may issue a license to take additional deer under section 198.2297B.301, subdivision 4 , that is new text begin not new text end valid immediately upon issuance new text begin unless it was issued new text end 198.23 new text begin prior to legal shooting hours on the day the license is first used new text end . 198.24(c) Paragraph (a) does not apply to deer licenses for discharged military personnel 198.25under section 97A.465, subdivision 4. 198.26    Sec. 16. Minnesota Statutes 2014, section 97A.435, subdivision 4, is amended to read: 198.27    Subd. 4. Separate selection of eligible licensees. (a) The commissioner may 198.28conduct a separate selection for up to 20 percent of the turkey licenses to be issued for any 198.29area. Only persons who are owners or tenants of and who live on at least 40 acres of land 198.30in the new text begin permit new text end area, and their family members new text begin who live on the qualifying land new text end , are eligible 198.31applicants for turkey licenses for the separate selection. The qualifying land may be 198.32noncontiguous. Persons who are unsuccessful in a separate selection must be included in 198.33the selection for the remaining licenses. Persons who obtain a license in a separate selection 199.1must allow public turkey hunting on their land during that turkey season. A license issued 199.2under this subdivision is restricted to the permit area where the qualifying land is located. 199.3(b) The commissioner may by rule establish criteria for determining eligible family 199.4members under this subdivision. 199.5    Sec. 17. Minnesota Statutes 2014, section 97A.465, is amended by adding a 199.6subdivision to read: 199.7     new text begin Subd. 7. new text end new text begin Residents of veterans homes. new text end new text begin (a) A resident from a Minnesota veterans new text end 199.8 new text begin home may obtain a firearm or muzzleloader deer license during the season and take new text end 199.9 new text begin antlerless deer without a permit in all areas of the state open during the respective regular new text end 199.10 new text begin firearms or muzzleloader deer seasons in any permit area. This subdivision does not new text end 199.11 new text begin authorize the taking of an antlerless deer by another member of a party under section new text end 199.12 new text begin 97B.301, subdivision 3, in an area closed to taking antlerless deer or where the number of new text end 199.13 new text begin antlerless deer that may be taken is limited by a quota on the number of permits. new text end 199.14 new text begin (b) A person may assist a Minnesota veterans home resident during the firearms or new text end 199.15 new text begin muzzleloader deer season without having a deer hunting license, but the person may new text end 199.16 new text begin not shoot a deer. new text end 199.17    Sec. 18. new text begin [97A.56] FERAL SWINE. new text end 199.18     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For purposes of this section, "feral swine" means a new text end 199.19 new text begin member of the genus and species new text end new text begin Sus scrofa new text end new text begin that lives in the wild. new text end 199.20     new text begin Subd. 2. new text end new text begin Prohibited actions; penalty. new text end new text begin (a) A person may not possess or release new text end 199.21 new text begin feral swine or swine that were feral during any part of the swines' lifetime or allow feral new text end 199.22 new text begin swine to run at large. new text end 199.23 new text begin (b) A person may not hunt or trap feral swine, except as authorized by the new text end 199.24 new text begin commissioner for feral swine control or eradication. It is not a violation of this section if a new text end 199.25 new text begin person shoots a feral swine and reports the taking to the commissioner within 24 hours. new text end 199.26 new text begin All swine taken in this manner must be surrendered to the commissioner. new text end 199.27 new text begin (c) A person who violates this subdivision is guilty of a misdemeanor. new text end 199.28     new text begin Subd. 3. new text end new text begin Authorized removal of feral swine. new text end new text begin A person authorized under game and new text end 199.29 new text begin fish laws to take feral swine is not liable to the owner for the value of the animals. new text end 199.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 199.31    Sec. 19. Minnesota Statutes 2014, section 97B.041, is amended to read: 200.197B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED 200.2IN DEER ZONES. 200.3    (a) A person may not possess a firearm or ammunition outdoors during the period 200.4beginning the fifth day before the open firearms season and ending the second day after 200.5the close of the season within an area where deer may be taken by a firearm, except: 200.6    (1) during the open season and in an area where big game may be taken, a firearm 200.7and ammunition authorized for taking big game in that area may be used to take big game 200.8in that area if the person has a valid big game license in possession; 200.9    (2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle; 200.10    (3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot 200.11or steel shot; 200.12    (4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber, 200.13including .22 magnum caliber cartridges; 200.14    (5) handguns possessed by a person authorized to carry a handgun under sections 200.15624.714 and 624.715 for the purpose authorized; and 200.16    (6) on a target range operated under a permit from the commissioner. 200.17    (b) This section does not apply during an open firearms season in an area where deer 200.18may be taken only by muzzleloader, except that muzzle-loading firearms lawful for the 200.19taking of deer may be possessed only by persons with a valid license to take deer by 200.20muzzleloader during the muzzleloader season. While muzzleloader hunting, a person with 200.21a valid license to take deer by muzzleloader may not possess a firearm other than: 200.22(1) a muzzleloader that is legal for taking deer under section 97B.031, subdivision 200.231 ; and 200.24(2) a firearm as described in paragraph (a), clauses (2) to (5). 200.25 new text begin (c) A first violation of paragraph (a) is punishable by a warning. new text end 200.26    Sec. 20. Minnesota Statutes 2014, section 97B.063, is amended to read: 200.2797B.063 HUNTER SATISFACTION SURVEY. 200.28The commissioner shall new text begin annually new text end administer the collection of hunter information 200.29related to participation and satisfaction. This may include information on preferences, 200.30values, interests, participation rates and patterns, barriers to participation, or other factors. 200.31The data shall be collected using established social science methods. new text begin The commissioner new text end 200.32 new text begin shall annually submit a summary of the information gathered under this section to new text end 200.33 new text begin the chairs and ranking minority members of the house of representatives and senate new text end 200.34 new text begin committees and divisions with jurisdiction over environment and natural resources no new text end 201.1 new text begin later than January 1 for the preceding fiscal year. The commissioner shall also make the new text end 201.2 new text begin summary information available on the department's Web site. new text end 201.3    Sec. 21. Minnesota Statutes 2014, section 97B.081, subdivision 3, is amended to read: 201.4    Subd. 3. Exceptions. (a) It is not a violation of this section for a person to: 201.5(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons 201.6according to section 97B.621, subdivision 3, or tend traps according to section 97B.931; 201.7(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial 201.8light, provided that the person is: 201.9(i) on foot; 201.10(ii) using a shotgun; 201.11(iii) not within a public road right-of-way; 201.12(iv) using a handheld or electronic calling device; and 201.13(v) not within 200 feet of a motor vehicle; or 201.14(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game 201.15animals, provided that the person is: 201.16(i) on foot; and 201.17(ii) not in possession of a firearm or bow. 201.18(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight, 201.19headlight, or other artificial light to: 201.20(1) carry out any agricultural, safety, emergency response, normal vehicle operation, 201.21or occupation-related activities that do not involve taking wild animals; or 201.22(2) carry out outdoor recreation as defined in section 97B.001 that is not related to 201.23spotting, locating, or taking a wild animal. 201.24(c) Except as otherwise provided by the game and fish laws, it is not a violation of 201.25this section for a person to use an electronic range finder device from one-half hour before 201.26sunrise until one-half hour after sunset while lawfully hunting wild animals. 201.27 new text begin (d) It is not a violation of this section for a licensed bear hunter to cast the rays of a new text end 201.28 new text begin handheld artificial light to track or retrieve a wounded or dead bear while possessing a new text end 201.29 new text begin firearm, provided that the person: new text end 201.30 new text begin (1) has the person's valid bear hunting license in possession; new text end 201.31 new text begin (2) is on foot; and new text end 201.32 new text begin (3) is following the blood trail of a bear that was shot during legal shooting hours. new text end 201.33    Sec. 22. Minnesota Statutes 2014, section 97B.085, subdivision 2, is amended to read: 202.1    Subd. 2. Taking unprotected wild animals; permit required. A person may not 202.2use radio equipment to take unprotected wild animals without a permit. The commissioner 202.3may issue a permit to take unprotected animals with radio equipment. The commissioner 202.4shall cancel the permit upon receiving a valid complaint of misconduct regarding the 202.5permittee's hunting activities. 202.6    Sec. 23. Minnesota Statutes 2014, section 97B.301, is amended by adding a 202.7subdivision to read: 202.8     new text begin Subd. 9. new text end new text begin Residents age 84 or over may take deer of either sex. new text end new text begin A resident age 84 new text end 202.9 new text begin or over may take a deer of either sex. This subdivision does not authorize the taking of an new text end 202.10 new text begin antlerless deer by another member of a party under subdivision 3. new text end 202.11    Sec. 24. new text begin [97B.722] POSSESSION OF FIREARMS; HUNTING TURKEY. new text end 202.12 new text begin (a) While afield hunting turkeys, licensees may not have in possession or control new text end 202.13 new text begin any firearm or bow and arrow except those defined as legal for taking turkeys in rules new text end 202.14 new text begin adopted by the commissioner. new text end 202.15 new text begin (b) Paragraph (a) does not apply to a person carrying a handgun in compliance new text end 202.16 new text begin with section 624.714. new text end 202.17    Sec. 25. new text begin [97B.9251] BEAVER SEASON. new text end 202.18 new text begin The commissioner may establish open seasons and restrictions for taking beaver from new text end 202.19 new text begin 9:00 a.m. on the Saturday nearest October 26 in the North Zone and from 9:00 a.m. on the new text end 202.20 new text begin Saturday nearest October 30 in the South Zone. The seasons shall be open until May 15. new text end 202.21    Sec. 26. Minnesota Statutes 2014, section 97C.345, is amended by adding a 202.22subdivision to read: 202.23     new text begin Subd. 3a. new text end new text begin Cast nets for gizzard shad. new text end new text begin (a) Cast nets may be used only to take new text end 202.24 new text begin gizzard shad for use as bait for angling: new text end 202.25 new text begin (1) from July 1 to November 30; and new text end 202.26 new text begin (2) from the Mississippi River downstream of St. Anthony Falls and the St. new text end 202.27 new text begin Croix River downstream of the dam at Taylors Falls, including portions described as new text end 202.28 new text begin Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart new text end 202.29 new text begin 1, items A and B, that are listed as infested waters as allowed under section 84D.03, new text end 202.30 new text begin subdivision 3. new text end 203.1 new text begin (b) Cast nets used under this subdivision must be monofilament and may not exceed new text end 203.2 new text begin seven feet in diameter, and mesh size must be from three-eighths to five-eighths inch bar new text end 203.3 new text begin measure. new text end 203.4 new text begin (c) This subdivision expires December 1, 2017. The commissioner must report new text end 203.5 new text begin to the chairs and ranking minority members of the house of representatives and senate new text end 203.6 new text begin committees with jurisdiction over environment and natural resources by March 1, 2018, new text end 203.7 new text begin on the number of permits issued, conservation impacts from the use of cast nets, and new text end 203.8 new text begin recommendations for any necessary changes in statutes or rules. new text end 203.9    Sec. 27. Minnesota Statutes 2014, section 97C.501, subdivision 2, is amended to read: 203.10    Subd. 2. Minnow dealers. (a) A person may not be a minnow dealer without a 203.11minnow dealer license except as provided in subdivision 3. 203.12(b) A minnow dealer must obtain a minnow dealer's vehicle license for each motor 203.13vehicle used to transport minnows. The serial number, motor vehicle license number, 203.14make, and model must be on the license. The license must be conspicuously displayed 203.15in the vehicle. 203.16(c) A minnow dealer may not transport minnows out of the state without an 203.17exporting minnow dealer license. A minnow dealer must obtain an exporting minnow 203.18dealer's vehicle license for each motor vehicle used to transport minnows out of the state. 203.19The serial number, motor vehicle license number, make, and model must be on the license. 203.20The license must be conspicuously displayed in the vehicle. 203.21(d) A person with a minnow dealer's license may sell minnows at one retail outlet. 203.22A minnow dealer must obtain a minnow retailer license for each additional retail outlet 203.23operated. A minnow dealer operating a retail outlet under a minnow dealer's license must 203.24list the following information for the retail outlet: name of the business; city; state; zip 203.25code; and legal description or fire number. The retail outlet name and location may be 203.26changed by making application to the commissioner. 203.27 new text begin (e) A minnow dealer may designate employees as helpers who are authorized to new text end 203.28 new text begin take, buy, sell, and transport minnows on behalf of the minnow dealer. The employees new text end 203.29 new text begin designated as helpers must be listed on the minnow dealer's license, and a copy of the new text end 203.30 new text begin license designating the employee as a helper must be in the helper's possession when new text end 203.31 new text begin acting on behalf of the minnow dealer. The minnow dealer may add and delete helpers new text end 203.32 new text begin listed on the dealer's license within a license year by notifying the commissioner in writing new text end 203.33 new text begin of the change to the license. Employees who are acting under the direction and control of new text end 203.34 new text begin the minnow dealer but who are not designated as helpers may not buy or sell minnows on new text end 204.1 new text begin behalf of the minnow dealer. This paragraph does not apply to employees selling minnows new text end 204.2 new text begin at the retail outlet location under paragraph (d). new text end 204.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2016. new text end 204.4    Sec. 28. new text begin RULEMAKING; LIFTING SPEARING BANS AND NORTHERN PIKE new text end 204.5 new text begin REGULATIONS. new text end 204.6 new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, parts new text end 204.7 new text begin 6262.0575, subpart 9, and 6264.0400, subparts 70 and 72, to delete the language new text end 204.8 new text begin prohibiting spearing. new text end 204.9 new text begin (b) Notwithstanding Minnesota Statutes, section 97C.007, the commissioner of new text end 204.10 new text begin natural resources shall amend Minnesota Rules, part 6264.0400, subpart 71, to delete the new text end 204.11 new text begin language prohibiting spearing and modify the northern pike protected slot to 26 to 40 inches. new text end 204.12 new text begin (c) The commissioner may use the good cause exemption under Minnesota Statutes, new text end 204.13 new text begin section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota new text end 204.14 new text begin Statutes, section 14.386, does not apply. new text end 204.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2015. new text end 204.16    Sec. 29. new text begin RULEMAKING; WATER SURFACE USE RESTRICTIONS. new text end 204.17 new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part new text end 204.18 new text begin 6110.3700, subpart 9, to allow a longer period of temporary special controls in situations new text end 204.19 new text begin of local emergency by deleting "five" and inserting "30" and deleting "five-day" and new text end 204.20 new text begin inserting "30-day." new text end 204.21 new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, new text end 204.22 new text begin section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota new text end 204.23 new text begin Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, new text end 204.24 new text begin section 14.388. new text end 204.25    Sec. 30. new text begin RULEMAKING; PERSONAL FLOTATION DEVICES. new text end 204.26 new text begin (a) To conform with changes in federal regulation, the commissioner of natural new text end 204.27 new text begin resources shall amend Minnesota Rules, part 6110.1200, subpart 3, as follows: new text end 204.28 new text begin (1) delete the term "Type I, II, or III" and insert "wearable"; new text end 204.29 new text begin (2) delete the term "Type IV" and insert "throwable"; new text end 204.30 new text begin (3) delete items B and D and reletter the remaining items; and new text end 204.31 new text begin (4) insert a new item that reads: new text end 204.32 new text begin "C. All personal flotation devices required by this subpart must be: new text end 205.1 new text begin (1) approved by the U.S. Coast Guard; new text end 205.2 new text begin (2) legibly marked with any requirements and the approval number issued by the new text end 205.3 new text begin U.S. Coast Guard; new text end 205.4 new text begin (3) in serviceable condition free of tears, rot, punctures, or waterlogging, and with new text end 205.5 new text begin all straps and fasteners present and in good condition; new text end 205.6 new text begin (4) of the appropriate size for the intended wearer, if the device is designed to be worn, new text end 205.7 new text begin and in compliance with any requirements listed on the U.S. Coast Guard approval label; new text end 205.8 new text begin (5) for wearable devices, either readily accessible or worn, except when: new text end 205.9 new text begin (a) devices are required to be worn to be accepted as U.S. Coast Guard-approved; or new text end 205.10 new text begin (b) wearing a U.S. Coast Guard-approved wearable personal flotation device is new text end 205.11 new text begin mandatory; and new text end 205.12 new text begin (6) for throwable devices, immediately available. new text end 205.13 new text begin "Readily accessible" means easily retrievable within a reasonable amount of time new text end 205.14 new text begin in an emergency. "Immediately available" means easily reached in time of emergency. new text end 205.15 new text begin Personal flotation devices located in locked containers, under heavy objects, or left in new text end 205.16 new text begin shipping bags are not considered readily accessible or immediately available." new text end 205.17 new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, new text end 205.18 new text begin section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota new text end 205.19 new text begin Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, new text end 205.20 new text begin section 14.388. new text end 205.21    Sec. 31. new text begin RULEMAKING; MOTORIZED TRAIL ENVIRONMENTAL REVIEW. new text end 205.22 new text begin (a) The Environmental Quality Board shall amend Minnesota Rules, chapter 4410, to new text end 205.23 new text begin allow the following without preparing a mandatory environmental assessment worksheet: new text end 205.24 new text begin (1) constructing a recreational trail less than 25 miles long on forested or other new text end 205.25 new text begin naturally vegetated land for a recreational use; new text end 205.26 new text begin (2) adding a new motorized recreational use or a seasonal motorized recreational new text end 205.27 new text begin use to an existing motorized recreational trail if the treadway width is not expanded as a new text end 205.28 new text begin result of the added use; and new text end 205.29 new text begin (3) designating an existing, legally constructed route, such as a logging road, for new text end 205.30 new text begin motorized recreational trail use. new text end 205.31 new text begin (b) The board may use the good cause exemption rulemaking procedure under new text end 205.32 new text begin Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this new text end 205.33 new text begin section, and Minnesota Statutes, section 14.386, does not apply except as provided under new text end 205.34 new text begin Minnesota Statutes, section 14.388. new text end 206.1    Sec. 32. new text begin REPEALER. new text end 206.2 new text begin (a) new text end new text begin Minnesota Statutes 2014, section 97A.475, subdivision 25, new text end new text begin is repealed. new text end 206.3 new text begin (b) new text end new text begin Minnesota Rules, part 6264.0400, subparts 27 and 28, new text end new text begin are repealed. new text end 206.4 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (b) is effective July 1, 2015. new text end " 206.5Amend the title as follows: 206.6Page 1, delete lines 2 to 17 206.7Page 1, line 18, delete everything before "amending" and insert "relating to state 206.8government; appropriating money for agriculture, environment, and natural resources; 206.9modifying public entity purchasing requirements; modifying solid waste provisions; 206.10modifying subsurface sewage treatment systems provisions; modifying Dry Cleaner 206.11Environmental Response and Reimbursement Law; modifying environmental review; 206.12modifying structure of Minnesota Pollution Control Agency; modifying disposition of 206.13certain revenue; providing for temporary water surface use controls; providing for riparian 206.14buffers; providing for self-reporting of certain environmental violations; modifying 206.15compensable losses due to harmful substances; modifying invasive species provisions; 206.16modifying landowners' bill of rights; modifying state parks and trails provisions; 206.17modifying recreational vehicle provisions; modifying land sale and acquisition provisions; 206.18modifying forestry and timber provisions; modifying regulation of camper cabins and bunk 206.19houses; providing for all-terrain vehicle safety training indication on drivers' licenses and 206.20identification cards; creating accounts; modifying certain grant, permit, and fee provisions; 206.21modifying Water Law; modifying personal flotation device provisions; regulating wake 206.22surfing; modifying game and fish laws; modifying metropolitan area water supply planning 206.23provisions; regulating water quality standards; making policy and technical changes to 206.24various agricultural related provisions, including provisions related to pesticides, plant 206.25protection, fertilizers, nursery law, seeds, dairy, food handlers, food, farmland, farming, 206.26and loans; authorizing the Industrial Hemp Development Act; modifying license exclusions 206.27for the direct sale of certain prepared food; establishing the agriculture research, education, 206.28extension, and technology transfer grant program; providing incentive payments; providing 206.29a vocational training pilot program; establishing the farm opportunity loan program; 206.30requiring studies and reports; requiring rulemaking; providing criminal penalties;" 206.31Correct the title numbers accordingly 207.1 We request the adoption of this report and repassage of the bill. 207.2 House Conferees: 207.3 ..... ..... 207.4 Denny McNamara Rod Hamilton 207.5 ..... ..... 207.6 Tom Hackbarth Dan Fabian 207.7 ..... 207.8 David Dill 207.9 Senate Conferees: 207.10 ..... ..... 207.11 David J. Tomassoni Dan Sparks 207.12 ..... ..... 207.13 John A. Hoffman John Marty 207.14 ..... 207.15 Bill Weber