1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 8461.2A bill for an act1.3relating 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, 20152.13The Honorable Kurt L. Daudt2.14Speaker of the House of Representatives2.15The Honorable Sandra L. Pappas2.16President of the Senate2.17We, 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 12.23AGRICULTURE APPROPRIATIONS

2.24Section 1. AGRICULTURE APPROPRIATIONS

2.25The sums shown in the columns marked "Appropriations" are appropriated to the 2.26agencies and for the purposes specified in this article. The appropriations are from
         the 2.27general fund, or another named fund, and are available for the fiscal years indicated
         2.28for each purpose. The figures "2016" and "2017" used in this article mean that the
         2.29appropriations listed under them are available for the fiscal year ending June 30,
         2016, or 2.30June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year"
         is fiscal 2.31year 2017. "The biennium" is fiscal years 2016 and 2017.

2.32APPROPRIATIONS2.33Available for the Year2.34Ending June 302.3520162017

2.36Sec. 2. DEPARTMENT OF AGRICULTURE

2.37Subdivision 1.Total Appropriation$  41,510,000$  45,512,000

2.38Appropriations by Fund2.39201620172.40General 40,932,000  44,934,0003.1Remediation388,000388,0003.2Agricultural190,000190,000

3.3The amounts that may be spent for each 3.4purpose are specified in the following 3.5subdivisions.

3.6Subd. 2.Protection Services 16,452,000 16,402,000

3.7Appropriations by Fund3.8201620173.9General 15,874,000 15,824,0003.10Agricultural190,000190,0003.11Remediation388,000388,000

3.12$25,000 the first year and $25,000 the second 3.13year are to develop and maintain cottage 3.14food license exemption outreach and training 3.15materials.3.16$75,000 the first year is for the commissioner, 3.17in consultation with the Northeast Regional 3.18Corrections Center and the United Food 3.19and Commercial Workers, to study and 3.20provide recommendations for upgrading the 3.21existing processing facility on the campus of 3.22the Northeast Regional Corrections Center 3.23into a USDA-certified food processing 3.24facility. The commissioner shall report these 3.25recommendations to the chairs of the house 3.26of representatives and senate committees 3.27with jurisdiction over agriculture finance by 3.28March 15, 2016.3.29$75,000 the second year is for a coordinator 3.30for the correctional facility vocational 3.31training pilot program.3.32$388,000 the first year and $388,000 the 3.33second year are from the remediation fund 4.1for administrative funding for the voluntary 4.2cleanup program.4.3$225,000 the first year and $175,000 4.4the second year are for compensation 4.5for destroyed or crippled animals under 4.6Minnesota Statutes, section 3.737. This 4.7appropriation may be spent to compensate 4.8for animals that were destroyed or crippled 4.9during fiscal years 2014 and 2015. If the 4.10amount in the first year is insufficient, the 4.11amount in the second year is available in the 4.12first year.4.13$125,000 the first year and $125,000 the 4.14second year are for compensation for crop 4.15damage under Minnesota Statutes, section 4.163.7371. If the amount in the first year is 4.17insufficient, the amount in the second year is 4.18available in the first year. 4.19If the commissioner determines that claims 4.20made under Minnesota Statutes, section 4.213.737 or 3.7371, are unusually high, amounts 4.22appropriated for either program may be 4.23transferred to the appropriation for the other 4.24program.4.25$70,000 the first year and $70,000 the second 4.26year are for additional cannery inspections.4.27$100,000 the first year and $100,000 the 4.28second year are for increased oversight of 4.29delegated local health boards.4.30$100,000 the first year and $100,000 the 4.31second year are to decrease the turnaround 4.32time for retail food handler plan reviews.4.33$1,024,000 the first year and $1,024,000 the 4.34second year are to streamline the retail food 5.1safety regulatory and licensing experience 5.2for regulated businesses and to decrease the 5.3inspection delinquency rate.5.4$1,350,000 the first year and $1,350,000 the 5.5second year are for additional inspections of 5.6food manufacturers and wholesalers.5.7$150,000 the first year and $150,000 the 5.8second year are for additional funding for 5.9dairy inspection services.5.10$150,000 the first year and $150,000 the 5.11second year are for additional funding for 5.12laboratory services operations.5.13$250,000 the first year and $250,000 5.14the second year are for additional meat 5.15inspection services, including inspections 5.16provided under the correctional facility 5.17vocational training pilot program.5.18Notwithstanding Minnesota Statutes, section 5.1918B.05, $90,000 the first year and $90,000 5.20the second year are from the pesticide 5.21regulatory account in the agricultural fund 5.22for an increase in the operating budget for 5.23the Laboratory Services Division.5.24$100,000 the first year and $100,000 the 5.25second year are from the pesticide regulatory 5.26account in the agricultural fund to update 5.27and modify applicator education and training 5.28materials.

5.295.30Subd. 3.Agricultural Marketing and Development3,973,0003,873,000

5.31The commissioner may provide one-stop 5.32access for farmers in need of information or 5.33assistance to obtain or renew licenses, meet 6.1state regulatory requirements, or resolve 6.2disputes with state agencies.6.3The commissioner must provide outreach 6.4to urban farmers regarding the department's 6.5financial and technical assistance programs 6.6and must assist urban farmers in applying for 6.7assistance.6.8$100,000 the first year is to (1) enhance the 6.9commissioner's efforts to identify existing 6.10and emerging opportunities for Minnesota's 6.11agricultural producers and processors to 6.12export their products to Cuba, consistent with 6.13federal law, and (2) effectively communicate 6.14these opportunities to the producers and 6.15processors.6.16$186,000 the first year and $186,000 the 6.17second year are for transfer to the Minnesota 6.18grown account and may be used as grants 6.19for Minnesota grown promotion under 6.20Minnesota Statutes, section 17.102. Grants 6.21may be made for one year. Notwithstanding 6.22Minnesota Statutes, section 16A.28, the 6.23appropriations encumbered under contract 6.24on or before June 30, 2017, for Minnesota 6.25grown grants in this paragraph are available 6.26until June 30, 2019.6.27$634,000 the first year and $634,000 the 6.28second year are for continuation of the dairy 6.29development and profitability enhancement 6.30and dairy business planning grant programs 6.31established under Laws 1997, chapter 6.32216, section 7, subdivision 2, and Laws 6.332001, First Special Session chapter 2, 6.34section 9, subdivision 2. The commissioner 6.35may allocate the available sums among 7.1permissible activities, including efforts to 7.2improve the quality of milk produced in the 7.3state, in the proportions that the commissioner 7.4deems most beneficial to Minnesota's dairy 7.5farmers. The commissioner must submit 7.6a detailed accomplishment report and 7.7a work plan detailing future plans for, 7.8and anticipated accomplishments from, 7.9expenditures under this program to the 7.10chairs and ranking minority members of the 7.11legislative committees with jurisdiction over 7.12agriculture policy and finance on or before 7.13the start of each fiscal year. If significant 7.14changes are made to the plans in the course 7.15of the year, the commissioner must notify the 7.16chairs and ranking minority members.7.17The commissioner may use funds 7.18appropriated in this subdivision for annual 7.19cost-share payments to resident farmers 7.20or entities that sell, process, or package 7.21agricultural products in this state for the costs 7.22of organic certification. The commissioner 7.23may allocate these funds for assistance for 7.24persons transitioning from conventional to 7.25organic agriculture.

7.267.27Subd. 4.Agriculture, Bioenergy, and Bioproduct Advancement15,018,000 18,985,000

7.28$4,483,000 the first year and $8,500,000 the 7.29second year are for transfer to the agriculture 7.30research, education, extension, and 7.31technology transfer account under Minnesota 7.32Statutes, section 41A.14, subdivision 3. The 7.33transfer in this paragraph includes money for 7.34plant breeders at the University of Minnesota 7.35for wild rice, potatoes, and grapes. Of these 7.36amounts, at least $600,000 each year is for 8.1agriculture rapid response under Minnesota 8.2Statutes, section 41A.14, subdivision 1, 8.3clause (2). Of the amount appropriated in 8.4this paragraph, $1,000,000 each year is 8.5for transfer to the Board of Regents of the 8.6University of Minnesota for research to 8.7determine (1) what is causing avian influenza, 8.8(2) why some fowl are more susceptible, 8.9and (3) prevention measures that can be 8.10taken. Of the amount appropriated in this 8.11paragraph, $2,000,000 each year is for grants 8.12to the Minnesota Agriculture Education 8.13Leadership Council to enhance agricultural 8.14education with priority given to Farm 8.15Business Management challenge grants.8.16To the extent practicable, funds expended 8.17under Minnesota Statutes, section 41A.14, 8.18subdivision 1, clauses (1) and (2), must 8.19supplement and not supplant existing sources 8.20and levels of funding.8.21$10,235,000 the first year and $10,235,000 8.22the second year are for the agricultural 8.23growth, research, and innovation program 8.24in Minnesota Statutes, section 41A.12. No 8.25later than February 1, 2016, and February 8.261, 2017, the commissioner must report to 8.27the legislative committees with jurisdiction 8.28over agriculture policy and finance regarding 8.29the commissioner's accomplishments 8.30and anticipated accomplishments in 8.31the following areas: facilitating the 8.32start-up, modernization, or expansion of 8.33livestock operations including beginning 8.34and transitioning livestock operations; 8.35developing new markets for Minnesota 8.36farmers by providing more fruits, vegetables, 9.1meat, grain, and dairy for Minnesota school 9.2children; assisting value-added agricultural 9.3businesses to begin or expand, access new 9.4markets, or diversify products; developing 9.5urban agriculture; facilitating the start-up, 9.6modernization, or expansion of other 9.7beginning and transitioning farms including 9.8loans under Minnesota Statutes, section 9.941B.056; sustainable agriculture on farm 9.10research and demonstration; development or 9.11expansion of food hubs and other alternative 9.12community-based food distribution systems; 9.13and research on bioenergy, biobased content, 9.14or biobased formulated products and other 9.15renewable energy development. The 9.16commissioner may use up to 4.5 percent 9.17of this appropriation for costs incurred to 9.18administer the program. Any unencumbered 9.19balance does not cancel at the end of the first 9.20year and is available for the second year. 9.21Notwithstanding Minnesota Statutes, section 9.2216A.28, the appropriations encumbered 9.23under contract on or before June 30, 2017, for 9.24agricultural growth, research, and innovation 9.25grants are available until June 30, 2019.9.26The commissioner may use funds 9.27appropriated for the agricultural growth, 9.28research, and innovation program as provided 9.29in this paragraph. The commissioner may 9.30award grants to owners of Minnesota 9.31facilities producing bioenergy, biobased 9.32content, or a biobased formulated product; 9.33to organizations that provide for on-station, 9.34on-farm field scale research and outreach to 9.35develop and test the agronomic and economic 9.36requirements of diverse strands of prairie 10.1plants and other perennials for bioenergy 10.2systems; or to certain nongovernmental 10.3entities. For the purposes of this paragraph, 10.4"bioenergy" includes transportation fuels 10.5derived from cellulosic material, as well as 10.6the generation of energy for commercial heat, 10.7industrial process heat, or electrical power 10.8from cellulosic materials via gasification or 10.9other processes. Grants are limited to 50 10.10percent of the cost of research, technical 10.11assistance, or equipment related to bioenergy, 10.12biobased content, or biobased formulated 10.13product production or $500,000, whichever 10.14is less. Grants to nongovernmental entities 10.15for the development of business plans and 10.16structures related to community ownership 10.17of eligible bioenergy facilities together may 10.18not exceed $150,000. The commissioner 10.19shall make a good-faith effort to select 10.20projects that have merit and, when taken 10.21together, represent a variety of bioenergy 10.22technologies, biomass feedstocks, and 10.23geographic regions of the state. Projects 10.24must have a qualified engineer provide 10.25certification on the technology and fuel 10.26source. Grantees must provide reports at the 10.27request of the commissioner.10.28Of the amount appropriated for the 10.29agricultural growth, research, and innovation 10.30program in this subdivision, $1,000,000 the 10.31first year and $1,000,000 the second year 10.32are for distribution in equal amounts to each 10.33of the state's county fairs to preserve and 10.34promote Minnesota agriculture.10.35Of the amount appropriated for the 10.36agricultural growth, research, and innovation 11.1program in this subdivision, $500,000 in 11.2fiscal year 2016 and $1,500,000 in fiscal 11.3year 2017 are for incentive payments 11.4under Minnesota Statutes, sections 41A.16, 11.541A.17, and 41A.18. If the appropriation 11.6exceeds the total amount for which all 11.7producers are eligible in a fiscal year, the 11.8balance of the appropriation is available 11.9to the commissioner for the agricultural 11.10growth, research, and innovation program. 11.11Notwithstanding Minnesota Statutes, 11.12section 16A.28, the first year appropriation 11.13is available until June 30, 2017, and the 11.14second year appropriation is available until 11.15June 30, 2018. The commissioner may use 11.16up to 4.5 percent of the appropriation for 11.17administration of the incentive payment 11.18programs.11.19Of the amount appropriated for the 11.20agricultural growth, research, and innovation 11.21program in this subdivision, $250,000 the first 11.22year is for grants to communities to develop 11.23or expand food hubs and other alternative 11.24community-based food distribution 11.25systems. Of this amount, $50,000 is for 11.26the commissioner to consult with existing 11.27food hubs, alternative community-based 11.28food distribution systems, and University 11.29of Minnesota Extension to identify best 11.30practices for use by other Minnesota 11.31communities. No later than December 15, 11.322015, the commissioner must report to the 11.33legislative committees with jurisdiction over 11.34agriculture and health regarding the status of 11.35emerging alternative community-based food 11.36distribution systems in the state along with 12.1recommendations to eliminate any barriers to 12.2success. This is a onetime appropriation.12.3$250,000 the first year and $250,000 the 12.4second year are for grants that enable 12.5retail petroleum dispensers to dispense 12.6biofuels to the public in accordance with the 12.7biofuel replacement goals established under 12.8Minnesota Statutes, section 239.7911. A 12.9retail petroleum dispenser selling petroleum 12.10for use in spark ignition engines for vehicle 12.11model years after 2000 is eligible for grant 12.12money under this paragraph if the retail 12.13petroleum dispenser has no more than 15 12.14retail petroleum dispensing sites and each 12.15site is located in Minnesota. The grant 12.16money received under this paragraph must 12.17be used for the installation of appropriate 12.18technology that uses fuel dispensing 12.19equipment appropriate for at least one fuel 12.20dispensing site to dispense gasoline that is 12.21blended with 15 percent of agriculturally 12.22derived, denatured ethanol, by volume, and 12.23appropriate technical assistance related to 12.24the installation. A grant award must not 12.25exceed 85 percent of the cost of the technical 12.26assistance and appropriate technology, 12.27including remetering of and retrofits for 12.28retail petroleum dispensers and replacement 12.29of petroleum dispenser projects. The 12.30commissioner may use up to $35,000 of this 12.31appropriation for administrative expenses. 12.32The commissioner shall cooperate with 12.33biofuel stakeholders in the implementation 12.34of the grant program. The commissioner 12.35must report to the legislative committees 12.36with jurisdiction over agriculture policy and 13.1finance by February 1 each year, detailing 13.2the number of grants awarded under this 13.3paragraph and the projected effect of the grant 13.4program on meeting the biofuel replacement 13.5goals under Minnesota Statutes, section 13.6239.7911. These are onetime appropriations.13.7$25,000 the first year and $25,000 the second 13.8year are for grants to the Southern Minnesota 13.9Initiative Foundation to promote local foods 13.10through an annual event that raises public 13.11awareness of local foods and connects local 13.12food producers and processors with potential 13.13buyers.

13.1413.15Subd. 5.Administration and Financial Assistance6,067,0006,252,000

13.16$150,000 the first year and $150,000 the 13.17second year are for grants to the Center for 13.18Rural Policy and Development.13.19The base for the farm-to-foodshelf program 13.20in fiscal years 2018 and 2019 is $1,100,000 13.21each year.13.22$25,000 the first year is for the livestock 13.23industry study.13.24$47,000 the first year and $47,000 the second 13.25year are for the Northern Crops Institute. 13.26These appropriations may be spent to 13.27purchase equipment.13.28$18,000 the first year and $18,000 the 13.29second year are for grants to the Minnesota 13.30Livestock Breeders Association.13.31$235,000 the first year and $235,000 the 13.32second year are for grants to the Minnesota 13.33Agricultural Education and Leadership 14.1Council for programs of the council under 14.2Minnesota Statutes, chapter 41D.14.3$474,000 the first year and $474,000 the 14.4second year are for payments to county and 14.5district agricultural societies and associations 14.6under Minnesota Statutes, section 38.02, 14.7subdivision 1. Aid payments to county and 14.8district agricultural societies and associations 14.9shall be disbursed no later than July 15 of 14.10each year. These payments are the amount of 14.11aid from the state for an annual fair held in 14.12the previous calendar year.14.13$1,000 the first year and $1,000 the second 14.14year are for grants to the Minnesota State 14.15Poultry Association.14.16$108,000 the first year and $108,000 the 14.17second year are for annual grants to the 14.18Minnesota Turf Seed Council for basic 14.19and applied research on: (1) the improved 14.20production of forage and turf seed related to 14.21new and improved varieties; and (2) native 14.22plants, including plant breeding, nutrient 14.23management, pest management, disease 14.24management, yield, and viability. The grant 14.25recipient may subcontract with a qualified 14.26third party for some or all of the basic or 14.27applied research.14.28$550,000 the first year and $550,000 the 14.29second year are for grants to Second Harvest 14.30Heartland on behalf of Minnesota's six 14.31Second Harvest food banks for the purchase 14.32of milk for distribution to Minnesota's food 14.33shelves and other charitable organizations 14.34that are eligible to receive food from the food 14.35banks. Milk purchased under the grants must 15.1be acquired from Minnesota milk processors 15.2and based on low-cost bids. The milk must be 15.3allocated to each Second Harvest food bank 15.4serving Minnesota according to the formula 15.5used in the distribution of United States 15.6Department of Agriculture commodities 15.7under The Emergency Food Assistance 15.8Program (TEFAP). Second Harvest 15.9Heartland must submit quarterly reports 15.10to the commissioner on forms prescribed 15.11by the commissioner. The reports must 15.12include, but are not limited to, information 15.13on the expenditure of funds, the amount 15.14of milk purchased, and the organizations 15.15to which the milk was distributed. Second 15.16Harvest Heartland may enter into contracts 15.17or agreements with food banks for shared 15.18funding or reimbursement of the direct 15.19purchase of milk. Each food bank receiving 15.20money from this appropriation may use up to 15.21two percent of the grant for administrative 15.22expenses.15.23$113,000 the first year and $113,000 the 15.24second year are for transfer to the Board of 15.25Trustees of the Minnesota State Colleges 15.26and Universities for statewide mental health 15.27counseling support to farm families and 15.28business operators. South Central College 15.29shall serve as the fiscal agent.15.30$17,000 the first year and $17,000 the 15.31second year are for grants to the Minnesota 15.32Horticultural Society.

15.33Sec. 3. BOARD OF ANIMAL HEALTH$  5,318,000$  5,384,000

16.116.2Sec. 4. AGRICULTURAL UTILIZATION RESEARCH INSTITUTE$ 3,643,000$ 3,643,000

16.3    Sec. 5. AVIAN INFLUENZA RESPONSE ACTIVITIES; APPROPRIATIONS.16.4(a) $3,619,000 is appropriated from the general fund in fiscal year 2016 to the 16.5commissioner of agriculture for avian influenza emergency response activities. The
         16.6commissioner may use money appropriated under this paragraph to purchase necessary
         16.7euthanasia and composting equipment and to reimburse costs incurred by local units
         of 16.8government directly related to avian influenza emergency response activities that
         are not 16.9eligible for federal reimbursement. This appropriation is available the day following
         final 16.10enactment until June 30, 2017.16.11(b) $1,853,000 is appropriated from the general fund in fiscal year 2016 to the 16.12Board of Animal Health for avian influenza emergency response activities. The Board
         16.13may use money appropriated under this paragraph to purchase necessary euthanasia and
         16.14composting equipment. This appropriation is available the day following final enactment
         16.15until June 30, 2017.16.16(c) $103,000 is appropriated from the general fund in fiscal year 2016 to the 16.17commissioner of health for avian influenza emergency response activities. This 16.18appropriation is available the day following final enactment until June 30, 2017.16.19(d) $350,000 is appropriated from the general fund in fiscal year 2016 to the 16.20commissioner of natural resources for sampling wild animals to detect and monitor
         the 16.21avian influenza virus. This appropriation may also be used to conduct serology sampling,
         16.22in consultation with the Board of Animal Health and the University of Minnesota Pomeroy
         16.23Chair in Avian Health, from birds within a control zone and outside of a control zone.
         16.24This appropriation is available the day following final enactment until June 30, 2017.16.25(e) $544,000 is appropriated from the general fund in fiscal year 2016 to the 16.26commissioner of public safety to operate the State Emergency Operation Center in 16.27coordination with the statewide avian influenza response activities. Appropriations
         16.28under this paragraph may also be used to support a staff person at the state's agricultural
         16.29incident command post in Willmar. This appropriation is available the day following
         final 16.30enactment until June 30, 2017.16.31(f) The commissioner of management and budget may transfer unexpended balances 16.32from the appropriations in this section to any state agency for operating expenses
         related 16.33to avian influenza emergency response activities. The commissioner of management and
         16.34budget must report each transfer to the chairs and ranking minority members of the
         senate 16.35Committee on Finance and the house of representatives Committee on Ways and Means.17.1    Sec. 6. RURAL FINANCE AUTHORITY; APPROPRIATION.17.2$10,000,000 is appropriated in fiscal year 2016 from the general fund to the 17.3commissioner of agriculture for transfer to the rural finance authority revolving
         loan 17.4account under Minnesota Statutes, section 41B.06, for the purposes of disaster recovery
         17.5loans under Minnesota Statutes, section 41B.047. This appropriation is available the
         day 17.6following final enactment until June 30, 2017.17.7    Sec. 7. AVIAN INFLUENZA; FEDERAL FUNDS APPROPRIATION AND 17.8REPORTING.17.9All federal money received in fiscal years 2015 through 2017 by the Board of Animal
         17.10Health or the commissioner of agriculture, health, natural resources, or public safety
         to 17.11address avian influenza is appropriated in the fiscal year when it is received. Before
         17.12spending federal funds appropriated in this section, the commissioner of management
         and 17.13budget shall report the anticipated federal funds appropriated under this section
         and their 17.14intended purpose to the Legislative Advisory Commission, consistent with the urgent
         17.15federal funds request procedure under Minnesota Statutes, section 3.3005, subdivision
         17.164. By January 15, 2018, the commissioner of management and budget shall report the
         17.17actual federal funds received and appropriated under this section and their actual
         use 17.18to the Legislative Advisory Commission.17.19    Sec. 8. EFFECTIVE DATE.17.20Sections 5 to 7 are effective the day following final enactment.17.21ARTICLE 217.22AGRICULTURE POLICY17.23    Section 1. Minnesota Statutes 2014, section 3.737, is amended by adding a subdivision 17.24to read:17.25    Subd. 6.Federal reimbursement.The commissioner must pursue federal 17.26reimbursement for any compensation payment issued under this section while:17.27(1) the United States Fish and Wildlife Service lists the Minnesota population of
         gray 17.28wolves as endangered and threatened wildlife under the federal Endangered Species
         Act; or17.29(2) the federal government otherwise prohibits livestock producers from protecting
         17.30their livestock from wolf depredation.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 programsprogram under sections 17.115 18.4and section17.116, 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 an invertebrate pest, other 18.13than a plant, or commensal rodent in, on, under, or near a structure such as a residential 18.14or commercial building.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 or 18.18through other means 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 and up to $20,000 per fiscal year may also 18.27be used by the commissioner for purposes of section 18H.14, paragraph (e).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; and19.1(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 to purchase a restricted use pesticide or apply 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 97A.015, with a valid trapping license 19.12or special permit from the commissioner of natural resources; and19.13(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 to purchase a restricted use pesticide or apply 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 purchase or 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.41120.3shall 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 39 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. Notwithstanding section 18C.131, the commissioner 20.12must deposit all revenue from the additional 40 cent per ton fee in the agricultural
         20.13fertilizer research and education account in section 18C.80. 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. [18C.80] AGRICULTURAL FERTILIZER RESEARCH AND 20.31EDUCATION ACCOUNT.20.32    Subdivision 1.Account; appropriation.An agricultural fertilizer research 20.33and education account is established in the agricultural fund. Money in the account,
         20.34including interest earned, is appropriated to the commissioner for grants determined
         by the 21.1Minnesota Agricultural Fertilizer Research and Education Council under section 18C.71.
         21.2The commissioner may use up to $80,000 each fiscal year for direct costs incurred
         to 21.3provide fiscal and administrative support to the council as required under section
         18C.70, 21.4subdivision 2. The commissioner may also recover associated indirect costs from the
         21.5account as required under section 16A.127.21.6    Subd. 2.Expiration.This section expires June 30, 2020.21.7    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.An exporter of plants or plant 21.15products desiring to originate shipments from Minnesota to a foreign country requiring
         21.16a phytosanitary certificate or export certificate must submit an application to the
         21.17commissioner. Application for phytosanitary certificates or export certificates must be 21.18made on forms provided or approved by the commissioner. The commissioner shall may 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; and21.29(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) fees sufficient to recover all costs 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) (b) 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) (c) The certificate fee for product value greater than $250: is $75 or a fee amount, 22.13not to exceed $300, that is sufficient to recover all processing costs 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) (d) 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 or sod;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; or22.32(6) Christmas trees.22.33    Sec. 16. Minnesota Statutes 2014, section 18H.02, is amended by adding a subdivision 22.34to read:23.1    Subd. 32a.Sod."Sod" means the upper portion of soil that contains the roots of 23.2grasses and the living grass plants.23.3    Sec. 17. Minnesota Statutes 2014, section 18H.02, is amended by adding a subdivision 23.4to read:23.5    Subd. 35.Tropical plant."Tropical plant" means a plant that has a United States 23.6Department of Agriculture hardiness zone designation of zone 6 or greater, or an annual
         23.7minimum hardiness temperature of -9 degrees Fahrenheit.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; and23.16(4) the individual 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; and24.8(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(c) A nursery stock grower found operating without a valid nursery stock grower 24.14certificate cannot offer for sale or sell nursery stock until: (1) payment is received
         by the 24.15commissioner for (i) the certificate fee due, and (ii) a penalty equal to the certificate
         fee 24.16owed; and (2) a new certificate is issued to the nursery stock grower by the commissioner.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; and24.27(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(c) A nursery stock dealer found operating without a valid nursery stock dealer 24.33certificate cannot offer for sale or sell nursery stock until: (1) payment is received
         by the 24.34commissioner for (i) the certificate fee due, and (ii) a penalty equal to the certificate
         fee 24.35owed; and (2) a new certificate is issued to the nursery stock dealer by the commissioner.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; and25.6(2) inspection time must be charged at the rate of $50 per hour a rate sufficient to 25.7recover all inspection costs, 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. The commissioner may spend no more than $20,000 from the account each 25.17fiscal year for purposes of section 18H.14, paragraph (e).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, 
         18K.02, 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, 18K, 27, 223, 231, or 232, or sections 
         21.80 to 
         21.92.25.24EFFECTIVE DATE.This section is effective the day following final enactment.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, 25.2818K, 27, 223, 231, and 232; sections 
         21.80 to 
         21.92; and associated rules.25.29EFFECTIVE DATE.This section is effective the day following final enactment.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, 18K, 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.26.5EFFECTIVE DATE.This section is effective the day following final enactment.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, 18K, 27, 223, 231, 26.12or 232; sections 
         21.80 to 
         21.92; or associated rules.26.13EFFECTIVE DATE.This section is effective the day following final enactment.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, 18K, 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, 26.2218K, 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, 18K, 27, 26.26223, 231, or 232; sections 
         21.80 to 
         21.92; or associated rules;26.27(4) investigating compliance with chapter 18G, 18H, 18K, 27, 223, 231, or 232; 26.28sections 
         21.80 to 
         21.92; or associated rules; or26.29(5) other purposes necessary to implement chapter 18G, 18H, 18K, 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, 18K, 27, 223, 231, or 232; sections 
         21.80 to 
         21.92; or associated rules may 27.2threaten public health or the environment.27.3EFFECTIVE DATE.This section is effective the day following final enactment.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, 18K, 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.27.18EFFECTIVE DATE.This section is effective the day following final enactment.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, 18K, 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.28.1EFFECTIVE DATE.This section is effective the day following final enactment.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, 18K, 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, 18K, 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.28.10EFFECTIVE DATE.This section is effective the day following final enactment.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, 28.1318K, 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; or28.18(3) issue a withdrawal from distribution, stop-sale, or other order.28.19EFFECTIVE DATE.This section is effective the day following final enactment.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, 18K, 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.28.26EFFECTIVE DATE.This section is effective the day following final enactment.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, 18K, 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, 18K, 27, 223, 231, or 232; 29.4sections 
         21.80 to 
         21.92; or associated rules; or29.5(3) an investigation of a violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; 29.6sections 
         21.80 to 
         21.92; or associated rules.29.7EFFECTIVE DATE.This section is effective the day following final enactment.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, 18K, 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, 18K, 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,
         18K, 27, 29.16223, 231, or 232; sections 
         21.80 to 
         21.92; or associated rules.29.17EFFECTIVE DATE.This section is effective the day following final enactment.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, 18K, 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, 18K, 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.29.28EFFECTIVE DATE.This section is effective the day following final enactment.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, 18K, 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.30.5EFFECTIVE DATE.This section is effective the day following final enactment.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, industrial hemp, or seed account.30.11EFFECTIVE DATE.This section is effective the day following final enactment.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, 3, and 30.144, 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.30.16EFFECTIVE DATE.This section is effective the day following final enactment.30.17    Sec. 37. Minnesota Statutes 2014, section 18J.11, is amended by adding a subdivision 30.18to read:30.19    Subd. 4.Controlled substance offenses.Prosecution under this section does not 30.20preclude prosecution under chapter 152.30.21EFFECTIVE DATE.This section is effective the day following final enactment.30.22    Sec. 38. [18K.01] SHORT TITLE.30.23This chapter may be referred to as the "Industrial Hemp Development Act."30.24EFFECTIVE DATE.This section is effective the day following final enactment.30.25    Sec. 39. [18K.02] DEFINITIONS.30.26    Subdivision 1.Scope.The definitions in this section apply to this chapter.30.27    Subd. 2.Commissioner."Commissioner" means the commissioner of agriculture.31.1    Subd. 3.Industrial hemp."Industrial hemp" means the plant Cannabis sativa L. 31.2and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol
         31.3concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp
         is not 31.4marijuana as defined in section 152.01, subdivision 9.31.5    Subd. 4.Marijuana."Marijuana" has the meaning given in section 152.01, 31.6subdivision 9.31.7EFFECTIVE DATE.This section is effective the day following final enactment.31.8    Sec. 40. [18K.03] AGRICULTURAL CROP; POSSESSION AUTHORIZED.31.9Industrial hemp is an agricultural crop in this state. A person may possess, transport,
         31.10process, sell, or buy industrial hemp that is grown pursuant to this chapter.31.11EFFECTIVE DATE.This section is effective the day following final enactment.31.12    Sec. 41. [18K.04] LICENSING.31.13    Subdivision 1.Requirement; issuance; presumption.(a) A person must obtain a 31.14license from the commissioner before growing industrial hemp for commercial purposes.
         31.15A person must apply to the commissioner in the form prescribed by the commissioner
         and 31.16must pay the annual registration and inspection fee established by the commissioner
         in 31.17accordance with section 16A.1285, subdivision 2. The license application must include
         31.18the name and address of the applicant and the legal description of the land area or
         areas 31.19where industrial hemp will be grown by the applicant.31.20(b) When an applicant has paid the fee and completed the application process to the
         31.21satisfaction of the commissioner, the commissioner must issue a license which is valid
         31.22until December 31 of the year of application.31.23(c) A person licensed under this section is presumed to be growing industrial hemp
         31.24for commercial purposes.31.25    Subd. 2.Background check; data classification.The commissioner must require 31.26each first-time applicant for a license to submit to a background investigation conducted
         31.27by the Bureau of Criminal Apprehension as a condition of licensure. As part of the
         31.28background investigation, the Bureau of Criminal Apprehension must conduct criminal
         31.29history checks of Minnesota records and is authorized to exchange fingerprints with
         the 31.30United States Department of Justice, Federal Bureau of Investigation for the purpose
         of a 31.31criminal background check of the national files. The cost of the investigation must
         be paid 31.32by the applicant. Criminal history records provided to the commissioner under this
         section 31.33must be treated as private data on individuals, as defined in section 13.02, subdivision
         12.32.1    Subd. 3.Federal requirements.The applicant must demonstrate to the satisfaction 32.2of the commissioner that the applicant has complied with all applicable federal 32.3requirements pertaining to the production, distribution, and sale of industrial hemp.32.4EFFECTIVE DATE.This section is effective the day following final enactment.32.5    Sec. 42. [18K.05] ANNUAL REPORT; SALES NOTIFICATION.32.6(a) Annually, a licensee must file with the commissioner:32.7(1) documentation demonstrating to the commissioner's satisfaction that the seeds
         32.8planted by the licensee are of a type and variety that contain no more than three-tenths
         of 32.9one percent delta-9 tetrahydrocannabinol; and32.10(2) a copy of any contract to grow industrial hemp.32.11(b) Within 30 days, a licensee must notify the commissioner of each sale or 32.12distribution of industrial hemp grown by the licensee including, but not limited to,
         the 32.13name and address of the person receiving the industrial hemp and the amount of industrial
         32.14hemp sold or distributed.32.15EFFECTIVE DATE.This section is effective the day following final enactment.32.16    Sec. 43. [18K.06] RULEMAKING.32.17(a) The commissioner shall adopt rules governing the production, testing, and 32.18licensing of industrial hemp.32.19(b) Rules adopted under paragraph (a) must include, but not be limited to, provisions
         32.20governing:32.21(1) the supervision and inspection of industrial hemp during its growth and harvest;32.22(2) the testing of industrial hemp to determine delta-9 tetrahydrocannabinol levels;32.23(3) the use of background checks results required under section 18K.04 to approve
         32.24or deny a license application; and32.25(4) any other provision or procedure necessary to carry out the purposes of this 32.26chapter.32.27(c) Rules issued under this section must be consistent with federal law regarding
         32.28the production, distribution, and sale of industrial hemp.32.29EFFECTIVE DATE.This section is effective the day after the federal government 32.30authorizes the commercial production of industrial hemp in this country.32.31    Sec. 44. [18K.07] FEES.33.1Fees collected under this chapter must be credited to the industrial hemp account,
         33.2which is hereby established in the agricultural fund in the state treasury. Interest
         earned 33.3in the account accrues to the account. Funds in the industrial hemp account are annually
         33.4appropriated to the commissioner to implement and enforce this chapter.33.5EFFECTIVE DATE.This section is effective the day following final enactment.33.6    Sec. 45. [18K.08] DEFENSE FOR POSSESSION OF MARIJUANA. 33.7It is an affirmative defense to a prosecution for the possession of marijuana under
         33.8chapter 152 if:33.9(1) the defendant possesses industrial hemp grown pursuant to this chapter; or33.10(2) the defendant has a valid controlled substance registration from the United States
         33.11Department of Justice, Drug Enforcement Administration, if required under federal
         law.33.12EFFECTIVE DATE.This section is effective the day following final enactment.33.13    Sec. 46. [18K.09] PILOT PROGRAM; OTHER RESEARCH AUTHORIZED.33.14    Subdivision 1.Authorized activity.The commissioner may grow or cultivate 33.15industrial hemp pursuant to a pilot program administered by the commissioner to study
         33.16the growth, cultivation, or marketing of industrial hemp. The commissioner may: (1)
         33.17authorize institutions of higher education to grow or cultivate industrial hemp as
         part 33.18of the commissioner's pilot program or as is necessary to perform other agricultural,
         33.19renewable energy, or academic research; and (2) contract with public or private entities
         for 33.20testing or other activities authorized under this subdivision. Authorized activity
         under this 33.21section may include collecting seed from wild hemp sources.33.22    Subd. 2.Site registration.Before growing or cultivating industrial hemp pursuant 33.23to this section, each site must be registered with and certified by the commissioner.
         A 33.24person must register each site annually in the form prescribed by the commissioner
         and 33.25must pay the annual registration and certification fee established by the commissioner
         in 33.26accordance with section 16A.1285, subdivision 2.33.27    Subd. 3.Rulemaking.The commissioner may adopt rules that govern the pilot 33.28program pursuant to this section and Public Law 113-79.33.29EFFECTIVE DATE.This section is effective the day following final enactment.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, and initial labelers who sell native grasses 34.8and wildflower seed in commercial or agricultural quantities, 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; and34.11(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 $75.34.30(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 $75;34.34(2) for gross sales of $25,001 to $50,000, the annual permit fee is $100 $150;34.35(3) for gross sales of $50,001 to $100,000, the annual permit fee is $200 $300;35.1(4) for gross sales of $100,001 to $250,000, the annual permit fee is $500 $750;35.2(5) for gross sales of $250,001 to $500,000, the annual permit fee is $1,000 $1,500; 35.3and35.4(6) for gross sales of $500,001 and above to $1,000,000, the annual permit fee is 35.5$2,000 $3,000; and35.6(7) for gross sales of $1,000,001 and above, the annual permit fee is $4,500.35.7(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 $75. 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 9 cents per hundredweight;35.13(2) rye, field beans, soybeans, buckwheat, and flax, 8.4 12 cents per hundredweight;35.14(3) field corn, 29.4 17 cents per hundredweight 80,000 seed unit;35.15(4) forage, lawn and turf grasses, and legumes, 49 69 cents per hundredweight;35.16(5) sunflower, $1.40 $1.96 per hundredweight;35.17(6) sugar beet, $3.29 12 cents per hundredweight 100,000 seed unit; and35.18(7) soybeans, 7.5 cents per 140,000 seed unit; and35.19(7) (8) for any agricultural seed not listed in clauses (1) to (6) (7), 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 $50 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$75 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 $100 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; or36.32(ii) customer formula feeds if the inspection fee is paid on the commercial feeds
         36.33which are used as ingredients; or37.1(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 $100 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$100 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$75 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; and37.32(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 $100 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. [28A.152] COTTAGE FOODS EXEMPTION.38.2    Subdivision 1.Licensing provisions applicability.(a) The licensing provisions of 38.3sections 28A.01 to 28A.16 do not apply to the following:38.4(1) an individual who prepares and sells food that is not potentially hazardous food,
         38.5as defined in Minnesota Rules, part 4626.0020, subpart 62, if the following requirements
         38.6are met:38.7(i) the prepared food offered for sale under this clause is labeled to accurately
         reflect 38.8the name and address of the individual preparing and selling the food, the date on
         which 38.9the food was prepared, and the ingredients and any possible allergens; and 38.10(ii) the individual displays at the point of sale a clearly legible sign or placard
         stating: 38.11"These products are homemade and not subject to state inspection."; and38.12(2) an individual who prepares and sells home-processed and home-canned food 38.13products if the following requirements are met:38.14(i) the products are pickles, vegetables, or fruits having an equilibrium pH value
         of 38.154.6 or lower;38.16(ii) the products are home-processed and home-canned in Minnesota;38.17(iii) the individual displays at the point of sale a clearly legible sign or placard
         38.18stating: "These canned goods are homemade and not subject to state inspection."; and38.19(iv) each container of the product sold or offered for sale under this clause is 38.20accurately labeled to provide the name and address of the individual who processed
         38.21and canned the goods, the date on which the goods were processed and canned, and 38.22ingredients and any possible allergens.38.23(b) An individual who qualifies for an exemption under paragraph (a), clause (2),
         is 38.24also exempt from the provisions of sections 31.31 and 31.392.38.25    Subd. 2.Direct sales to consumers.(a) An individual qualifying for an exemption 38.26under subdivision 1 may sell the exempt food:38.27(1) directly to the ultimate consumer;38.28(2) at a community event or farmers' market; or38.29(3) directly from the individual's home to the consumer, to the extent allowed by
         38.30local ordinance.38.31(b) If an exempt food product will be delivered to the ultimate consumer upon sale
         38.32of the food product, the individual who prepared the food product must be the person
         who 38.33delivers the food product to the ultimate consumer.38.34(c) Food products exempt under subdivision 1, paragraph (a), clause (2), may not be
         38.35sold outside of Minnesota.39.1(d) Food products exempt under subdivision 1 may be sold over the Internet but 39.2must be delivered directly to the ultimate consumer by the individual who prepared
         the 39.3food product. The statement "These products are homemade and not subject to state
         39.4inspection." must be displayed on the Web site that offers the exempt foods for purchase.
         39.5    Subd. 3.Limitation on sales.An individual selling exempt foods under this section 39.6is limited to total sales with gross receipts of $18,000 or less in a calendar year.
         39.7    Subd. 4.Registration.An individual who prepares and sells exempt food under 39.8subdivision 1 must register annually with the commissioner. The annual registration
         fee is 39.9$50. An individual with $5,000 or less in annual gross receipts from the sale of exempt
         39.10food under this section is not required to pay the registration fee.39.11    Subd. 5.Training.(a) An individual with gross receipts between $5,000 and 39.12$18,000 in a calendar year from the sale of exempt food under this section must complete
         a 39.13safe food handling training course that is approved by the commissioner before registering
         39.14under subdivision 4. The training shall not exceed eight hours and must be completed
         39.15every three years while the individual is registered under subdivision 4.39.16(b) An individual with gross receipts of less than $5,000 in a calendar year from
         39.17the sale of exempt food under this section must satisfactorily complete an online
         course 39.18and exam as approved by the commissioner before registering under subdivision 4. The
         39.19commissioner shall offer the online course and exam under this paragraph at no cost
         to 39.20the individual.39.21    Subd. 6.Local ordinances.This section does not preempt the application of any 39.22business licensing requirement or sanitation, public health, or zoning ordinance of
         a 39.23political subdivision.39.24    Subd. 7.Account established.A cottage foods account is created as a separate 39.25account in the agricultural fund in the state treasury for depositing money received
         by the 39.26commissioner under this section. Money in the account, including interest, is appropriated
         39.27to the commissioner for purposes of this section.39.28    Sec. 54. Minnesota Statutes 2014, section 32.075, is amended to read:39.2932.075 TERM OF LICENSE; TRANSFERABILITY; FEES AND PENALTIES.39.30EveryAn initial license issued by the commissioner shall be for a period ending 39.31expires on the following December 31st day of December next following, and shallis not 39.32be transferable. A renewal license is valid for two years and expires on December 31 of 39.33the second year. The fee for each suchan initial or renewal license shall be $50 and each 39.34renewal thereof shall be $25 and is $60. The fee shall be paid to the commissioner before 39.35any the commissioner issues an initial or renewal 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 $30 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 deposited in the dairy services account in the agricultural fund.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 1.1 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. [41A.14] AGRICULTURE RESEARCH, EDUCATION, EXTENSION, 40.24AND TECHNOLOGY TRANSFER GRANT PROGRAM.40.25    Subdivision 1.Duties; grants.The agriculture research, education, extension, and 40.26technology transfer grant program is created. The purpose of the grant program is
         to 40.27provide investments that will most efficiently achieve long-term agricultural productivity
         40.28increases through improved infrastructure, vision, and accountability. The scope and
         40.29intent of the grants, to the extent possible, shall provide for a long-term base funding
         40.30that allows the research grantee to continue the functions of the research, education,
         and 40.31extension efforts to a practical conclusion. Priority for grants shall be given to
         human 40.32infrastructure. The commissioner shall provide grants for:40.33(1) agricultural research and technology transfer needs and recipients including 40.34agricultural research and extension at the University of Minnesota, research and outreach
         41.1centers, the College of Food, Agricultural and Natural Resource Sciences, the Minnesota
         41.2Agricultural Experiment Station, University of Minnesota Extension Service, the 41.3University of Minnesota Veterinary School, the Veterinary Diagnostic Laboratory, 41.4the Stakman-Borlaug Center, and the Minnesota Agriculture Fertilizer Research and
         41.5Education Council;41.6(2) agriculture rapid response for plant and animal diseases and pests; and41.7(3) agricultural education including but not limited to the Minnesota Agriculture
         41.8Education Leadership Council, farm business management, mentoring programs, graduate
         41.9debt forgiveness, and high school programs.41.10    Subd. 2.Advisory panel.In awarding grants under this section, the commissioner 41.11must consult with an advisory panel consisting of the following stakeholders:41.12(1) a representative of the College of Food, Agricultural and Natural Resource 41.13Sciences at the University of Minnesota;41.14(2) a representative of the Minnesota State Colleges and Universities system;41.15(3) a representative of the Minnesota Farm Bureau;41.16(4) a representative of the Minnesota Farmers Union;41.17(5) a person representing agriculture industry statewide;41.18(6) a representative of each of the state commodity councils organized under section
         41.1917.54 and the Minnesota Pork Board;41.20(7) a person representing an association of primary manufacturers of forest products;41.21(8) a person representing organic or sustainable agriculture; and41.22(9) a person representing statewide environment and natural resource conservation
         41.23organizations.41.24    Subd. 3.Account.An agriculture research, education, extension, and technology 41.25transfer account is created in the agricultural fund in the state treasury. The account
         41.26consists of money received in the form of gifts, grants, reimbursement, or appropriations
         41.27from any source for any of the purposes provided in subdivision 1, and any interest
         or 41.28earnings of the account. Money in the account is appropriated to the commissioner
         of 41.29agriculture for the purposes under subdivision 1.41.30    Sec. 57. [41A.15] DEFINITIONS.41.31    Subdivision 1.Scope.For the purposes of sections 41A.15 to 41A.18, the terms 41.32defined in this section have the meanings given them.41.33    Subd. 2.Advanced biofuel."Advanced biofuel" has the meaning given in section 41.34239.051, subdivision 1a.42.1    Subd. 3.Biomass thermal production."Biomass thermal production" means the 42.2generation of energy for commercial heat or industrial process heat from a cellulosic
         42.3material or other material composed of forestry or agricultural feedstocks for a new
         or 42.4expanding capacity facility or a facility that is displacing existing use of fossil
         fuel after 42.5the effective date of this section.42.6    Subd. 4.Cellulosic biomass."Cellulosic biomass" means material primarily made 42.7up of cellulose, hemicellulose, or lingnin, or a combination of those ingredients.42.8    Subd. 5.Cellulosic sugar."Cellulosic sugar" means sugar derived from cellulosic 42.9biomass from agricultural or forestry resources.42.10    Subd. 6.Commissioner."Commissioner" means the commissioner of agriculture.42.11    Subd. 7.Cover crops."Cover crops" means grasses, legumes, forbs, or other 42.12herbaceous plants that are known to be noninvasive and not listed as a noxious weed
         in 42.13Minnesota and that are either interseeded into living cash crops or planted on agricultural
         42.14fields during fallow periods for seasonal cover and conservation purposes.42.15    Subd. 8.MMbtu."MMbtu" means 1,000,000 British thermal units.42.16    Subd. 9.Perennial crops."Perennial crops" means agriculturally produced plants 42.17that are known to be noninvasive and not listed as a noxious weed in Minnesota and
         that 42.18have a life cycle of at least three years at the location where the plants are being
         cultivated. 42.19Biomass from alfalfa produced in a two-year rotation shall be considered a perennial
         crop.42.20    Subd. 10.Renewable chemical."Renewable chemical" means a chemical with 42.21biobased content as defined in section 41A.105, subdivision 1a.42.22    Sec. 58. [41A.16] ADVANCED BIOFUEL PRODUCTION INCENTIVE.42.23    Subdivision 1.Eligibility.(a) A facility eligible for payment under this section must 42.24source at least 80 percent raw materials from Minnesota. If a facility is sited 50
         miles or 42.25less from the state border, raw materials may be sourced from within a 100-mile radius.
         42.26Raw materials must be from agricultural or forestry sources or from solid waste. The
         42.27facility must be located in Minnesota, must begin production at a specific location
         by June 42.2830, 2025, and must not begin operating above 95,000 MMbtu of annual biofuel production
         42.29before July 1, 2015. Eligible facilities include existing companies and facilities
         that are 42.30adding advanced biofuel production capacity, or retrofitting existing capacity, as
         well as 42.31new companies and facilities. Production of conventional corn ethanol and conventional
         42.32biodiesel is not eligible. Eligible advanced biofuel facilities must produce at least
         95,000 42.33MMbtu a year.42.34(b) No payments shall be made for advanced biofuel production that occurs after 42.35June 30, 2035, for those eligible biofuel producers under paragraph (a).43.1(c) An eligible producer of advanced biofuel shall not transfer the producer's 43.2eligibility for payments under this section to an advanced biofuel facility at a different
         43.3location.43.4(d) A producer that ceases production for any reason is ineligible to receive 43.5payments under this section until the producer resumes production.43.6(e) Renewable chemical production for which payment has been received under 43.7section 41A.17, and biomass thermal production for which payment has been received
         43.8under section 41A.18, are not eligible for payment under this section.43.9    Subd. 2.Payment amounts; limits.(a) The commissioner shall make payments 43.10to eligible producers of advanced biofuel. The amount of the payment for each eligible
         43.11producer's annual production is $2.1053 per MMbtu for advanced biofuel production
         from 43.12cellulosic biomass, and $1.053 per MMbtu for advanced biofuel production from sugar
         or 43.13starch at a specific location for ten years after the start of production. 43.14(b) Total payments under this section to an eligible biofuel producer in a fiscal
         43.15year may not exceed the amount necessary for 2,850,000 MMbtu of biofuel production.
         43.16Total payments under this section to all eligible biofuel producers in a fiscal year
         may 43.17not exceed the amount necessary for 17,100,000 MMbtu of biofuel production. The 43.18commissioner shall award payments on a first-come, first-served basis within the limits
         of 43.19available funding.43.20(c) For purposes of this section, an entity that holds a controlling interest in more
         43.21than one advanced biofuel facility is considered a single eligible producer.43.22    Subd. 3.Perennial and cover crops required.To be eligible for payment under 43.23this section, a producer that produces advanced biofuel from agricultural cellulosic
         43.24biomass other than corn kernel fiber or biogas must derive at least the following
         portions 43.25of the producer's total eligible MMbtus from perennial crop or cover crop biomass:43.26(1) ten percent during the first two years of eligible production;43.27(2) 30 percent during the third and fourth years of eligible production; and43.28(3) 50 percent during the fifth through tenth years of eligible production.43.29    Subd. 4.Cellulosic forestry biomass requirements.All forestry-derived cellulosic 43.30biomass must be produced using Minnesota state biomass harvesting guidelines or the
         43.31equivalent. All biomass from brushlands must be produced using Minnesota brushland
         43.32harvesting biomass harvest guidelines or the equivalent. Forestry-derived cellulosic
         43.33biomass that comes from land parcels greater than 160 acres must be certified by the
         Forest 43.34Stewardship Council, Sustainable Forestry Initiative, or American Tree Farm System.
         43.35Uncertified land from parcels of 160 acres or less and federal land must be harvested
         by 44.1a logger who has completed training for biomass harvesting from the Minnesota logger
         44.2education program or the equivalent and have a forest stewardship plan.44.3    Subd. 5.Agricultural cellulosic biomass sourcing plan.(a) An eligible producer 44.4who utilizes agricultural cellulosic biomass must submit a responsible biomass sourcing
         44.5plan for approval by the commissioner prior to applying for payments under this section.
         44.6The commissioner shall make the plan publicly available. The plan must:44.7(1) provide a detailed explanation of how agricultural cellulosic biomass will be
         44.8produced and managed in a way that preserves soil quality, does not increase soil
         and 44.9nutrient runoff, avoids introduction of harmful invasive species, limits negative
         impacts 44.10on wildlife habitat, and reduces greenhouse gas emissions;44.11(2) include the producer's approach to verifying that biomass suppliers are following
         44.12the plan;44.13(3) discuss how new technologies and practices that are not yet commercially viable
         44.14may be encouraged and adopted during the life of the facility, and how the producer
         will 44.15encourage continuous improvement during the life of the project; 44.16(4) include specific numeric goals and timelines for making progress;44.17(5) require agronomic practices that result in a positive Natural Resources 44.18Conservation Service Soil Conditioning Index score for acres from which biomass from
         44.19corn stover will be harvested; and44.20(6) include biennial soil sampling to verify maintained or increased levels of soil
         44.21organic matter.44.22(b) An eligible producer who utilizes agricultural cellulosic biomass and receives
         44.23payments under this section shall submit an annual report on the producer's responsible
         44.24biomass sourcing plan to the commissioner by January 15 each year. The report must
         44.25include data on progress made by the producer in meeting specific goals laid out in
         the 44.26plan. The commissioner shall make the report publicly available. The commissioner
         shall 44.27perform an annual review of submitted reports and may make a determination that the
         44.28producer is not following the plan based on the reports submitted.  The commissioner
         44.29may take appropriate steps, including reducing or ceasing payments, until the producer
         44.30is in compliance with the plan.44.31    Subd. 6.Claims.(a) By the last day of October, January, April, and July, each eligible 44.32biofuel producer shall file a claim for payment for advanced biofuel production during
         the 44.33preceding three calendar months. An eligible biofuel producer that files a claim under
         44.34this subdivision shall include a statement of the eligible biofuel producer's total
         advanced 44.35biofuel production in Minnesota during the quarter covered by the claim. For each
         claim 44.36and statement of total advanced biofuel production filed under this subdivision, the
         volume 45.1of advanced biofuel production must be examined by a CPA firm with a valid permit
         to 45.2practice under chapter 326A, in accordance with Statements on Standards for Attestation
         45.3Engagements established by the American Institute of Certified Public Accountants.45.4(b) The commissioner must issue payments by November 15, February 15, May 15, 45.5and August 15. A separate payment must be made for each claim filed.45.6    Sec. 59. [41A.17] RENEWABLE CHEMICAL PRODUCTION INCENTIVE.45.7    Subdivision 1.Eligibility.(a) A facility eligible for payment under this program 45.8must source at least 80 percent biobased content, as defined in section 41A.105, 45.9subdivision 1a, clause (1), from Minnesota. If a facility is sited 50 miles or less
         from the 45.10state border, biobased content must be sourced from within a 100-mile radius. Biobased
         45.11content must be from agricultural or forestry sources or from solid waste. The facility
         45.12must be located in Minnesota, must begin production at a specific location by June
         30, 45.132025, and must not begin production of 3,000,000 pounds of chemicals annually before
         45.14January 1, 2015. Eligible facilities include existing companies and facilities that
         are 45.15adding production capacity, or retrofitting existing capacity, as well as new companies
         and 45.16facilities. Eligible renewable chemical facilities must produce at least 3,000,000
         pounds 45.17per year. Renewable chemicals produced through processes that are fully commercial
         45.18before January 1, 2000, are not eligible.45.19(b) No payments shall be made for renewable chemical production that occurs after
         45.20June 30, 2035, for those eligible renewable chemical producers under paragraph (a).45.21(c) An eligible producer of renewable chemicals shall not transfer the producer's
         45.22eligibility for payments under this section to a renewable chemical facility at a
         different 45.23location.45.24(d) A producer that ceases production for any reason is ineligible to receive 45.25payments under this section until the producer resumes production.45.26(e) Advanced biofuel production for which payment has been received under section
         45.2741A.16, and biomass thermal production for which payment has been received under 45.28section 41A.18, are not eligible for payment under this section.45.29    Subd. 2.Payment amounts; bonus; limits.(a) The commissioner shall make 45.30payments to eligible producers of renewable chemicals located in the state. The amount
         of 45.31the payment for each producer's annual production is $0.03 per pound of sugar-derived
         45.32renewable chemical, $0.03 per pound of cellulosic sugar, and $0.06 per pound of 45.33cellulosic-derived renewable chemical produced at a specific location for ten years
         after 45.34the start of production. 46.1(b) An eligible facility producing renewable chemicals using agricultural cellulosic
         46.2biomass is eligible for a 20 percent bonus payment for each MMbtu produced from 46.3agricultural biomass that is derived from perennial crop or cover crop biomass.46.4(c) Total payments under this section to an eligible renewable chemical producer in
         46.5a fiscal year may not exceed the amount necessary for 99,999,999 pounds of renewable
         46.6chemical production. Total payments under this section to all eligible renewable chemical
         46.7producers in a fiscal year may not exceed the amount necessary for 599,999,999 pounds
         of 46.8renewable chemical production. The commissioner shall award payments on a first-come,
         46.9first-served basis within the limits of available funding.46.10(d) For purposes of this section, an entity that holds a controlling interest in more
         46.11than one renewable chemical production facility is considered a single eligible producer.46.12    Subd. 3.Cellulosic biomass requirements.All forestry-derived cellulosic biomass 46.13must be produced using Minnesota state biomass harvesting guidelines or the equivalent.
         46.14All cellulosic biomass from brushlands must be produced using Minnesota brushland
         46.15harvesting biomass harvest guidelines or the equivalent. Forestry-derived cellulosic
         46.16biomass that comes from land parcels greater than 160 acres must be certified by the
         Forest 46.17Stewardship Council, Sustainable Forestry Initiative, or American Tree Farm System.
         46.18Uncertified land from parcels of 160 acres or less and federal land must be harvested
         by 46.19a logger who has completed training for biomass harvesting from the Minnesota logger
         46.20education program or the equivalent and have a forest stewardship plan.46.21    Subd. 4.Agricultural cellulosic biomass sourcing plan.(a) An eligible producer 46.22who utilizes agricultural cellulosic biomass must submit a responsible biomass sourcing
         46.23plan to the commissioner prior to applying for payments under this section. The plan
         must:46.24(1) provide a detailed explanation of how agricultural cellulosic biomass will be
         46.25produced and managed in a way that preserves soil quality, does not increase soil
         and 46.26nutrient runoff, avoids introduction of harmful invasive species, limits negative
         impacts 46.27on wildlife habitat, and reduces greenhouse gas emissions;46.28(2) include the producer's approach to verifying that biomass suppliers are following
         46.29the plan;46.30(3) discuss how new technologies and practices that are not yet commercially viable
         46.31may be encouraged and adopted during the life of the facility, and how the producer
         will 46.32encourage continuous improvement during the life of the project; and46.33(4) include specific numeric goals and timelines for making progress.46.34(b) An eligible producer who utilizes agricultural cellulosic biomass and receives
         46.35payments under this section shall submit an annual report on the producer's responsible
         46.36biomass sourcing plan to the commissioner by January 15 each year. The report must
         47.1include data on progress made by the producer in meeting specific goals laid out in
         the 47.2plan. The commissioner shall make the report publicly available. The commissioner
         shall 47.3perform an annual review of submitted reports and may make a determination that the
         47.4producer is not following the plan based on the reports submitted. The commissioner
         47.5may take appropriate steps, including reducing or ceasing payments, until the producer
         47.6is in compliance with the plan.47.7    Subd. 5.Claims.(a) By the last day of October, January, April, and July, each 47.8eligible renewable chemical producer shall file a claim for payment for renewable
         47.9chemical production during the preceding three calendar months. An eligible renewable
         47.10chemical producer that files a claim under this subdivision shall include a statement
         of 47.11the eligible producer's total renewable chemical production in Minnesota during the
         47.12quarter covered by the claim. For each claim and statement of total renewable chemical
         47.13production filed under this paragraph, the volume of renewable chemical production
         47.14must be examined by a CPA firm with a valid permit to practice under chapter 326A,
         in 47.15accordance with Statements on Standards for Attestation Engagements established by
         the 47.16American Institute of Certified Public Accountants.47.17(b) The commissioner must issue payments by November 15, February 15, May 15, 47.18and August 15. A separate payment must be made for each claim filed. 47.19    Sec. 60. [41A.18] BIOMASS THERMAL PRODUCTION INCENTIVE.47.20    Subdivision 1.Eligibility.(a) A facility eligible for payment under this section must 47.21source at least 80 percent raw materials from Minnesota. If a facility is sited 50
         miles or 47.22less from the state border, raw materials should be sourced from within a 100-mile
         radius. 47.23Raw materials must be from agricultural or forestry sources. The facility must be
         located 47.24in Minnesota, must have begun production at a specific location by June 30, 2025,
         and 47.25must not begin before July 1, 2015. Eligible facilities include existing companies
         and 47.26facilities that are adding production capacity, or retrofitting existing capacity,
         as well as 47.27new companies and facilities. Eligible biomass thermal production facilities must
         produce 47.28at least 1,000 MMbtu per year.47.29(b) No payments shall be made for biomass thermal production that occurs after June
         47.3030, 2035, for those eligible biomass thermal producers under paragraph (a).47.31(c) An eligible producer of biomass thermal production shall not transfer the 47.32producer's eligibility for payments under this section to a biomass thermal production
         47.33facility at a different location.47.34(d) A producer that ceases production for any reason is ineligible to receive 47.35payments under this section until the producer resumes production.48.1(e) Biofuel production for which payment has been received under section 41A.16, 48.2and renewable chemical production for which payment has been received under section
         48.341A.17, are not eligible for payment under this section.48.4    Subd. 2.Payment amounts; bonus; limits; blending.(a) The commissioner shall 48.5make payments to eligible producers of biomass thermal located in the state. The amount
         48.6of the payment for each producer's annual production is $5.00 per MMbtu of biomass
         48.7thermal production produced at a specific location for ten years after the start of
         production.48.8(b) An eligible facility producing biomass thermal using agricultural cellulosic 48.9biomass is eligible for a 20 percent bonus payment for each MMbtu produced from 48.10agricultural biomass that is derived from perennial crop or cover crop biomass.48.11(c) Total payments under this section to an eligible thermal producer in a fiscal
         48.12year may not exceed the amount necessary for 30,000 MMbtu of thermal production. 48.13Total payments under this section to all eligible thermal producers in a fiscal year
         may 48.14not exceed the amount necessary for 150,000 MMbtu of total thermal production. The
         48.15commissioner shall award payments on a first-come, first-served basis within the limits
         of 48.16available funding.48.17(d) An eligible facility may blend a cellulosic feedstock with other fuels in the
         48.18biomass thermal production facility, but only the percentage attributable to cellulosic
         48.19material is eligible to receive payment.48.20(e) For purposes of this section, an entity that holds a controlling interest in more
         48.21than one biomass thermal production facility is considered a single eligible producer.
         48.22    Subd. 3.Cellulosic biomass requirements.All forestry-derived cellulosic biomass 48.23must be produced using Minnesota state biomass harvesting guidelines or the equivalent.
         48.24All biomass from brushland must be produced using Minnesota brushland harvesting 48.25biomass guidelines or the equivalent. Forestry-derived cellulosic biomass that comes
         from 48.26land parcels greater than 160 acres must be certified by the Forest Stewardship Council,
         48.27the Sustainable Forestry Initiative, or American Tree Farm. Uncertified land from
         parcels 48.28of 160 acres or less and federal land must be harvested by a logger who has completed
         48.29training for biomass harvesting from the Minnesota logger education program or the
         48.30equivalent and have a forest stewardship plan. 48.31    Subd. 4.Agricultural cellulosic biomass sourcing plan.(a) An eligible producer 48.32who utilizes agricultural cellulosic biomass must submit a responsible biomass sourcing
         48.33plan to the commissioner prior to applying for payments under this section. The plan
         must:48.34(1) provide a detailed explanation of how agricultural cellulosic biomass will be
         48.35produced and managed in a way that preserves soil quality, does not increase soil
         and 49.1nutrient runoff, avoids introduction of harmful invasive species, limits negative
         impacts 49.2on wildlife habitat, and reduces greenhouse gas emissions;49.3(2) include the producer's approach to verifying that biomass suppliers are following
         49.4the plan;49.5(3) discuss how new technologies and practices that are not yet commercially viable
         49.6may be encouraged and adopted during the life of the facility, and how the producer
         will 49.7encourage continuous improvement during the life of the project; and49.8(4) include specific numeric goals and timelines for making progress.49.9(b) An eligible producer who utilizes agricultural cellulosic biomass and receives
         49.10payments under this section shall submit an annual report on the producer's responsible
         49.11biomass sourcing plan to the commissioner by January 15 each year. The report must
         49.12include data on progress made by the producer in meeting specific goals laid out in
         the 49.13plan. The commissioner shall make the report publicly available. The commissioner
         shall 49.14perform an annual review of submitted reports and may make a determination that the
         49.15producer is not following the plan based on the reports submitted. The commissioner
         49.16may take appropriate steps, including reducing or ceasing payments, until the producer
         49.17is in compliance with the plan.49.18    Subd. 5.Claims.(a) By the last day of October, January, April, and July, each 49.19producer shall file a claim for payment for biomass thermal production during the
         49.20preceding three calendar months. A producer that files a claim under this subdivision
         shall 49.21include a statement of the producer's total biomass thermal production in Minnesota
         49.22during the quarter covered by the claim. For each claim and statement of total biomass
         49.23thermal production filed under this paragraph, the volume of biomass thermal production
         49.24must be examined by a CPA firm with a valid permit to practice under chapter 326A,
         in 49.25accordance with Statements on Standards for Attestation Engagements established by
         the 49.26American Institute of Certified Public Accountants.49.27(b) The commissioner must issue payments by November 15, February 15, May 15, 49.28and August 15. A separate payment shall be made for each claim filed.49.29    Sec. 61. [41A.19] REPORT; INCENTIVE PROGRAMS.49.30By January 15 each year, the commissioner shall report on the incentive programs 49.31under sections 41A.16, 41A.17, and 41A.18 to the legislative committees with jurisdiction
         49.32over environment and agriculture policy and finance. The report shall include information
         49.33on production and incentive expenditures under the programs.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 the Rural Finance Authority administrative account 50.8established in subdivision 7.50.9    Sec. 63. Minnesota Statutes 2014, section 41B.03, is amended by adding a subdivision 50.10to read:50.11    Subd. 7.Rural Finance Authority administrative account.There is established 50.12in the agricultural fund a Rural Finance Authority administrative account. Money in
         the 50.13account, including interest, is appropriated to the commissioner of agriculture for
         the 50.14administrative expenses of the loan programs administered by the Rural Finance Authority.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 the Rural Finance Authority administrative account 50.24established in section 41B.03.50.25    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 the Rural Finance Authority administrative 50.33account established in section 41B.03.51.1    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 the Rural Finance Authority administrative account 51.14established in section 41B.03.51.15    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 51.3041B.06 Rural Finance Authority administrative account established in section 41B.03.51.31(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; or52.9    (2) purchase watering systems, irrigation systems, and other drought mitigation 52.10systems and practices when drought is the cause of the purchase.;52.11(3) restore farmland; or52.12(4) replace flocks, make building improvements, and cover the loss of revenue when
         52.13the replacement, improvements, or loss of revenue is due to the confirmed presence
         of 52.14the highly pathogenic avian influenza in a commercial poultry or game flock located
         52.15in Minnesota.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 (i) sustained within a county that was the 52.20subject of a state or federal disaster declaration or (ii) due to the confirmed presence of 52.21the highly pathogenic avian influenza in a commercial poultry or game flock located
         52.22in Minnesota;52.23    (3) demonstrate an ability to repay the loan; and52.24    (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; and52.28    (5) (4) 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 $200,000, 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 53.1241B.06 Rural Finance Authority administrative account established in section 41B.03.53.13    (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; and53.31(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 41B.06 Rural Finance Authority administrative account established in 54.7section 41B.03.54.8(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 41B.06 Rural Finance 55.3Authority administrative account established in section 41B.03.55.4    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 55.2241B.06 Rural Finance Authority administrative account established in section 41B.03.55.23    (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 beef cattle, dairy cattle, swine, poultry, goats, mules, farmed cervidae, 56.3ratitae, bison, sheep, horses, and llamas.56.4    Sec. 76. [41B.057] FARM OPPORTUNITY LOAN PROGRAM.56.5    Subdivision 1.Establishment.The authority shall establish a farm opportunity loan 56.6program to provide loans that enable farmers to:56.7(1) add value to crops or livestock produced in Minnesota;56.8(2) adopt best management practices that emphasize sufficiency and self-sufficiency;56.9(3) reduce or improve management of agricultural inputs resulting in environmental
         56.10improvements; or56.11(4) increase production of on-farm energy.56.12    Subd. 2.Loan criteria.(a) The farm opportunity loan program shall provide loans 56.13for purchase of new or used equipment and installation of equipment for projects that
         56.14make environmental improvements and enhance farm profitability. The loan program 56.15shall also be used to add value to crops or livestock produced in Minnesota by, but
         not 56.16limited to, initiating or expanding livestock product processing; purchasing equipment
         to 56.17initiate, upgrade, or modernize value-added agricultural businesses; or increasing
         farmers' 56.18processing and aggregating capacity facilitating entry into farm-to-institution and
         other 56.19markets. Eligible loan uses do not include expenses related to seeds, fertilizer,
         fuel, or 56.20other operating expenses.56.21(b) The authority may impose a reasonable, nonrefundable application fee for a farm
         56.22opportunity loan. The authority may review the fee annually and make adjustments as
         56.23necessary. The initial application fee is $50. Application fees received by the authority
         56.24must be deposited in the Rural Finance Authority administrative account established
         56.25in section 41B.03.56.26(c) Loans may only be made to Minnesota residents engaged in farming. Standards 56.27for loan amortization must be set by the Rural Finance Authority and must not exceed
         56.28ten years.56.29(d) The borrower must show the ability to repay the loan.56.30(e) Refinancing of existing debt is not an eligible expense.56.31(f) Loans under this program must be made using money in the revolving loan 56.32account established in section 41B.06.56.33    Subd. 3.Loan participation.The authority may participate in a farm opportunity 56.34loan with an eligible lender, as defined in section 41B.02, subdivision 8, to a farmer
         or a 56.35group of farmers on joint projects who are eligible under subdivision 2, paragraph
         (c), 57.1and who are actively engaged in farming. Participation is limited to 45 percent of
         the 57.2principal amount of the loan or $45,000 per individual, whichever is less. For loans
         to a 57.3group made up of four or more individuals, participation is limited to 45 percent
         of the 57.4principal amount of the loan or $180,000, whichever is less. The interest rate on
         the 57.5loans must not exceed six percent.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, and farm opportunity 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    Subd. 6.Farm business management.Minnesota State Colleges and Universities 57.20campuses that offer farm business management may specify space availability in the
         57.21delivery of farm business management courses.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. Industrial hemp grown by a person 57.29licensed under chapter 18K is not wild hemp.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;
         and58.29(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(d) All reports required by paragraph (a) shall include a filing fee of $15. The fee
         59.28must be deposited in the state treasury and credited to an account in the agricultural
         fund. 59.29Money in the account, including interest, is appropriated to the commissioner for
         the 59.30administrative expenses of this section.59.31(d) (e) 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 2017.60.3EFFECTIVE DATE.This section is effective May 23, 2016, if the legislature does 60.4not meet in regular session in calendar year 2016 before May 23, 2016. If the legislature
         60.5meets in regular session in calendar year 2016 before May 23, 2016, this section is
         void.60.6    Sec. 82. Laws 2014, chapter 312, article 12, section 3, is amended to read:

60.7Sec. 3. AGRICULTURE.$-0-$2,750,000

60.8$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, be discarded, or be sold in 60.17a secondary market. 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 60.29and up to four percent of the grant for 60.30transportation expenses. 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. LIVESTOCK INDUSTRY STUDY.61.27The commissioner of agriculture must identify causes of the relative growth or 61.28decline in the number of head of poultry and livestock produced in Minnesota, Iowa,
         61.29North Dakota, South Dakota, Wisconsin, and Nebraska over the last ten years, including
         61.30but not limited to the impact of nuisance conditions and lawsuits filed against poultry
         or 61.31livestock farms. No later than February 1, 2016, the commissioner must report findings
         61.32by poultry and livestock sector and provide recommendations on how to strengthen and
         61.33expand Minnesota animal agriculture to the legislative committees with jurisdiction
         over 61.34agriculture policy and finance.62.1    Sec. 84. CORRECTIONAL FACILITY VOCATIONAL TRAINING PILOT 62.2PROGRAM.62.3    Subdivision 1.Pilot program.The commissioner of agriculture must coordinate 62.4a pilot program operated by the Northeast Regional Corrections Center to train inmates
         62.5for careers as meat cutters upon release. The commissioner must facilitate program
         62.6development and ensure that the program prepares inmates to meet applicable food safety
         62.7and licensure requirements.62.8    Subd. 2.Program development.In facilitating development of the pilot program, 62.9the commissioner must consult with the commissioner of employment and economic 62.10development and a representative of each of the following organizations:62.11(1) Northeast Regional Corrections Center; and62.12(2) United Food and Commercial Workers.62.13    Subd. 3.Report required.No later than February 1, 2017, the commissioner must 62.14report on the progress and outcomes of the program to the legislative committees with
         62.15jurisdiction over agriculture, economic development, higher education, and public
         safety.62.16    Subd. 4.Expiration.This section expires on June 30, 2017.62.17    Sec. 85. URBAN AGRICULTURE DEVELOPMENT PROPOSAL.62.18The commissioner of agriculture must convene interested stakeholders and develop 62.19a proposal to effectively and efficiently promote urban agriculture in Minnesota cities.
         62.20For purposes of this section, "urban agriculture" means producing agricultural plants,
         62.21poultry, or livestock on public or private property within city limits. No later than
         January 62.2215, 2016, the commissioner must report to the legislative committees with jurisdiction
         62.23over agriculture policy and finance and submit proposed legislation that includes
         a new 62.24definition of urban agriculture if the commissioner and stakeholders determine that
         a 62.25different definition more accurately defines urban agriculture.62.26    Sec. 86. BALANCES TRANSFERRED; ACCOUNTS ABOLISHED.62.27The balances in the accounts created under Minnesota Statutes, sections 41B.03, 62.28subdivision 6; 41B.04, subdivision 17; 41B.043, subdivision 3; and 41B.045, subdivision
         62.294, are transferred to the Rural Finance Authority administrative account established
         under 62.30Minnesota Statutes, section 41B.03, subdivision 7, and the original accounts are abolished.63.1The balance in the account created under Minnesota Statutes, section 17.115, 63.2is transferred to the Rural Finance Authority revolving loan account established under
         63.3Minnesota Statutes, section 41B.06, and the original account is abolished.63.4    Sec. 87.  REPEALER.63.5Minnesota Statutes 2014, sections 17.115; 28A.15, subdivisions 9 and 10; and 63.6116V.03, are repealed.63.7ARTICLE 363.8ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

63.9Section 1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.

63.10    The sums shown in the columns marked "Appropriations" are appropriated to the 63.11agencies and for the purposes specified in this article. The appropriations are from
         the 63.12general fund, or another named fund, and are available for the fiscal years indicated
         63.13for each purpose. The figures "2016" and "2017" used in this article mean that the
         63.14appropriations listed under them are available for the fiscal year ending June 30,
         2016, or 63.15June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year"
         is fiscal 63.16year 2017. "The biennium" is fiscal years 2016 and 2017. Appropriations for the fiscal
         63.17year ending June 30, 2015, are effective the day following final enactment.

63.18APPROPRIATIONS63.19Available for the Year63.20Ending June 3063.2120162017

63.22Sec. 2. POLLUTION CONTROL AGENCY

63.23Subdivision 1.Total Appropriation$94,582,000$91,784,000

63.24Appropriations by Fund63.252016201763.26General6,395,0005,727,00063.2763.28State Government Special Revenue75,00075,00063.29Environmental73,480,00074,548,00063.30Remediation14,632,00011,434,000

63.31The amounts that may be spent for each 63.32purpose are specified in the following 63.33subdivisions.64.1The commissioner must present the agency's 64.2biennial budget for fiscal years 2018 and 64.32019 to the legislature in a transparent way 64.4by agency division, including the proposed 64.5budget bill and presentations of the budget to 64.6committees and divisions with jurisdiction 64.7over the agency's budget.

64.8Subd. 2.Water26,388,00026,081,000

64.9Appropriations by Fund64.102016201764.11General4,307,0003,627,00064.1264.13State Government Special Revenue75,00075,00064.14Environmental22,006,00022,379,000

64.15$1,959,000 the first year and $1,959,000 64.16the second year are for grants to delegated 64.17counties to administer the county feedlot 64.18program under Minnesota Statutes, section 64.19116.0711, subdivisions 2 and 3. Money 64.20remaining after the first year is available for 64.21the second year.64.22$753,000 the first year and $765,000 the 64.23second year are from the environmental 64.24fund to address the need for continued 64.25increased activity in the areas of new 64.26technology review, technical assistance 64.27for local governments, and enforcement 64.28under Minnesota Statutes, sections 115.55 64.29to 115.58, and to complete the requirements 64.30of Laws 2003, chapter 128, article 1, section 64.31165.64.32$673,000 the first year and $683,000 the 64.33second year are from the environmental 64.34fund for subsurface sewage treatment 64.35system (SSTS) program administration 64.36and community technical assistance and 65.1education, including grants and technical 65.2assistance to communities for water quality 65.3protection. Of this amount, $129,000 each 65.4year is for assistance to counties through 65.5grants for SSTS program administration. 65.6A county receiving a grant from this 65.7appropriation shall submit the results 65.8achieved with the grant to the commissioner 65.9as part of its annual SSTS report. Any 65.10unexpended balance in the first year does not 65.11cancel but is available in the second year.65.12$107,000 the first year and $109,000 the 65.13second year are from the environmental fund 65.14for registration of wastewater laboratories.65.15$913,000 the first year and $913,000 the 65.16second year are from the environmental fund 65.17to continue perfluorochemical biomonitoring 65.18in eastern metropolitan communities, as 65.19recommended by the Environmental Health 65.20Tracking and Biomonitoring Advisory Panel, 65.21and address other environmental health risks, 65.22including air quality. The communities must 65.23include Hmong and other immigrant farming 65.24communities. Of this amount, up to $677,000 65.25the first year and $677,000 the second year 65.26are for transfer to the Department of Health.65.27$250,000 the first year and $250,000 the 65.28second year are from the general fund for:65.29(1) a municipal liaison to assist municipalities 65.30in implementing and participating in the 65.31water quality standards rulemaking process 65.32and navigating the NPDES/SDS permitting 65.33process;65.34(2) enhanced economic analysis in the 65.35water quality standards rulemaking process, 66.1including more specific analysis and 66.2identification of cost-effective permitting; 66.3(3) development of statewide economic 66.4analyses and templates to reduce the 66.5amount of information and time required for 66.6municipalities to apply for variances from 66.7water quality standards; and66.8(4) coordinating with the Public Facilities 66.9Authority to identify and advocate for 66.10the resources needed for municipalities to 66.11achieve permit requirements.66.12$500,000 the first year is for independent 66.13peer reviews under Minnesota Statutes, 66.14section 115.035, and cost analyses of water 66.15quality standards and rules. A portion of 66.16this appropriation may be transferred to the 66.17commissioner of management and budget for 66.18water quality standards cost analyses.66.19$200,000 the first year is for a grant to 66.20the Red River Basin Commission for 66.21development of a water quality strategic plan 66.22for the Red River of the North. This is a 66.23onetime appropriation and is available until 66.24June 30, 2018. The plan must include, but is 66.25not limited to, consistency in water quality 66.26goals and objectives for the Red River of the 66.27North and pollution reduction allocations for 66.28both point and nonpoint sources on the Red 66.29River of the North and for individual major 66.30watersheds tributary to the Red River of the 66.31North. The Red River Basin Commission 66.32must involve the interests of local, state, and 66.33federal government, business and industry, 66.34environmental groups, and Red River 66.35Basin landowners. The Red River Basin 67.1Commission must report progress on the plan 67.2to the house of representatives and senate 67.3committees and divisions with jurisdiction 67.4over environment policy and finance by 67.5February 15 in 2016 and 2017, and must 67.6submit the completed plan by December 31, 67.72017.67.8Notwithstanding Minnesota Statutes, section 67.916A.28, the appropriations encumbered on or 67.10before June 30, 2017, as grants or contracts 67.11for subsurface sewage treatment systems, 67.12surface water and groundwater assessments, 67.13total maximum daily loads, storm water, and 67.14water quality protection in this subdivision 67.15are available until June 30, 2020.

67.16Subd. 3.Air15,640,00016,087,000

67.17Appropriations by Fund67.182016201767.19Environmental15,640,00016,087,000

67.20$202,000 the first year and $204,000 the 67.21second year are from the environmental fund 67.22for a monitoring program under Minnesota 67.23Statutes, section 116.454.67.24Up to $150,000 the first year and $150,000 67.25the second year may be transferred from the 67.26environmental fund to the small business 67.27environmental improvement loan account 67.28established in Minnesota Statutes, section 67.29116.993.67.30$340,000 the first year and $346,000 the 67.31second year are from the environmental fund 67.32for monitoring ambient air for hazardous 67.33pollutants.68.1$691,000 the first year and $693,000 the 68.2second year are from the environmental fund 68.3for emission reduction activities and grants to 68.4small businesses and other nonpoint emission 68.5reduction efforts. Of this amount, $100,000 68.6the first year and $100,000 the second year is 68.7to continue work with Clean Air Minnesota, 68.8and the commissioner may enter into an 68.9agreement with Environmental Initiative 68.10to support this effort. Any unexpended 68.11balance in the first year does not cancel but is 68.12available in the second year.

68.13Subd. 4.Land21,663,00018,584,000

68.14Appropriations by Fund68.152016201768.16Environmental7,031,0007,150,00068.17Remediation14,632,00011,434,000

68.18All money for environmental response, 68.19compensation, and compliance in the 68.20remediation fund not otherwise appropriated 68.21is appropriated to the commissioners of the 68.22Pollution Control Agency and agriculture 68.23for purposes of Minnesota Statutes, section 68.24115B.20, subdivision 2, clauses (1), (2), 68.25(3), (6), and (7). At the beginning of each 68.26fiscal year, the two commissioners shall 68.27jointly submit an annual spending plan 68.28to the commissioner of management and 68.29budget that maximizes the utilization of 68.30resources and appropriately allocates the 68.31money between the two departments. This 68.32appropriation is available until June 30, 2017.68.33$4,279,000 the first year and $4,343,000 the 68.34second year are from the remediation fund 68.35for purposes of the leaking underground 69.1storage tank program to investigate, clean up, 69.2and prevent future releases from underground 69.3petroleum storage tanks, and to the petroleum 69.4remediation program for purposes of vapor 69.5assessment and remediation. These same 69.6annual amounts are transferred from the 69.7petroleum tank fund to the remediation fund.69.8$252,000 the first year and $252,000 the 69.9second year are from the remediation fund 69.10for transfer to the commissioner of health for 69.11private water supply monitoring and health 69.12assessment costs in areas contaminated 69.13by unpermitted mixed municipal solid 69.14waste disposal facilities and drinking water 69.15advisories and public information activities 69.16for areas contaminated by hazardous releases.69.17$743,000 the first year is transferred from the 69.18general account in the remediation fund to 69.19the dry cleaner environmental response and 69.20reimbursement account in the remediation 69.21fund for the purpose of remediating 69.22land contaminated by a release from a 69.23dry cleaning facility, as provided under 69.24Minnesota Statutes, section 115B.50. The 69.25commissioner shall prioritize expenditures 69.26from this transfer to address contaminated 69.27sites that pose the greatest risk to public 69.28health or welfare or to the environment, as 69.29established in Minnesota Statutes, section 69.30115B.17, subdivision 13. This is a onetime 69.31transfer. The commissioner shall reimburse 69.32only a person who otherwise would not be 69.33responsible for a release or threatened release 69.34under Minnesota Statutes, section 115B.03, 69.35for all but $10,000 of the environmental 69.36response costs incurred by the person if the 70.1commissioner determines that the costs are 70.2reasonable and were actually incurred. To be 70.3eligible for reimbursement from this transfer, 70.4a person seeking reimbursement must make 70.5a request to the commissioner, as required 70.6under Minnesota Statutes, section 115B.50, 70.7subdivision 2, on or before the day following 70.8final enactment of this act.70.9$868,000 the first year is from the remediation 70.10fund for a grant to the city of Mountain Iron 70.11for remediation of the abandoned wastewater 70.12treatment pond of the former Nichols 70.13Township. This is a onetime appropriation 70.14that is available until June 30, 2019.

70.1570.16Subd. 5.Environmental Assistance and Cross-Media30,891,00031,032,000

70.17Appropriations by Fund70.182016201770.19Environmental28,803,00028,932,00070.20General2,088,0002,100,000

70.21$17,250,000 the first year and $17,250,000 70.22the second year are from the environmental 70.23fund for SCORE block grants to counties.70.24$119,000 the first year and $119,000 the 70.25second year are from the environmental 70.26fund for environmental assistance grants 70.27or loans under Minnesota Statutes, section 70.28115A.0716. Any unencumbered grant and 70.29loan balances in the first year do not cancel 70.30but are available for grants and loans in the 70.31second year.70.32$90,000 the first year and $90,000 the 70.33second year are from the environmental fund 70.34for duties related to harmful chemicals in 70.35products under Minnesota Statutes, sections 71.1116.9401 to 116.9407. Of this amount, 71.2$57,000 each year is transferred to the 71.3commissioner of health.71.4$203,000 the first year and $207,000 the 71.5second year are from the environmental 71.6fund for the costs of implementing general 71.7operating permits for feedlots over 1,000 71.8animal units.71.9$315,000 the first year and $319,000 the 71.10second year are from the general fund and 71.11$192,000 the first year and $192,000 the 71.12second year are from the environmental fund 71.13for Environmental Quality Board operations 71.14and support.71.15$50,000 the first year and $50,000 the second 71.16year are from the environmental fund for 71.17transfer to the Office of Administrative 71.18Hearings to establish sanitary districts.71.19$502,000 the first year and $503,000 the 71.20second year are from the general fund for 71.21the Environmental Quality Board to lead 71.22an interagency team to provide technical 71.23assistance regarding the mining, processing, 71.24and transporting of silica sand. Of this 71.25amount, up to $75,000 each year may be 71.26transferred to the commissioner of natural 71.27resources to review the implementation 71.28of the rules adopted by the commissioner 71.29pursuant to Laws 2013, ‎chapter 114, article 4, 71.30section 105, paragraph (b), pertaining to the 71.31reclamation of silica sand mines, to ensure 71.32that local government reclamation programs 71.33are implemented in a manner consistent with 71.34the rules.72.1$450,000 the first year and $450,000 the 72.2second year are from the environmental 72.3fund to develop and maintain systems to 72.4support permitting and regulatory business 72.5processes and agency data. This is a onetime 72.6appropriation.72.7$1,000,000 the first year and $1,000,000 the 72.8second year are for competitive recycling 72.9grants under Minnesota Statutes, section 72.10115A.565. This appropriation is available 72.11until June 30, 2018.72.12$50,000 the first year and $50,000 the second 72.13year are to acquire and co-locate waste and 72.14recycling receptacles, in cooperation with 72.15the commissioner of administration, at the 72.16State Office Building. Any remaining funds 72.17may be used for these purposes at other 72.18facilities within the Capitol complex. This is 72.19a onetime appropriation.72.20All money deposited in the environmental 72.21fund for the metropolitan solid waste 72.22landfill fee in accordance with Minnesota 72.23Statutes, section 473.843, and not otherwise 72.24appropriated, is appropriated for the purposes 72.25of Minnesota Statutes, section 473.844.72.26Notwithstanding Minnesota Statutes, section 72.2716A.28, the appropriations encumbered on 72.28or before June 30, 2017, as contracts or 72.29grants for surface water and groundwater 72.30assessments; environmental assistance 72.31awarded under Minnesota Statutes, section 72.32115A.0716; technical and research assistance 72.33under Minnesota Statutes, section 115A.152; 72.34technical assistance under Minnesota 72.35Statutes, section 115A.52; and pollution 73.1prevention assistance under Minnesota 73.2Statutes, section 115D.04, are available until 73.3June 30, 2019.

73.4Subd. 6.Transfers

73.5By June 30, 2016, the commissioner of 73.6management and budget shall transfer 73.7$51,308,000 from the closed landfill 73.8investment fund to the general fund.73.9The commissioner of the Pollution Control 73.10Agency shall transfer $8,100,000 in 73.11fiscal year 2016 from the metropolitan 73.12landfill contingency action trust account in 73.13Minnesota Statutes, section 473.845, to the 73.14commissioner of management and budget for 73.15cancellation to the general fund.

73.16Subd. 7.Remediation Fund

73.17The commissioner shall transfer up to 73.18$42,000,000 from the environmental fund to 73.19the remediation fund for the purposes of the 73.20remediation fund under Minnesota Statutes, 73.21section 116.155, subdivision 2.73.22$2,500,000 is transferred from the petroleum 73.23tank fund to the remediation fund and 73.24is appropriated in the first year to the 73.25commissioner for a grant to the city of 73.26Paynesville to add an air stripping treatment 73.27process to a water treatment plant for 73.28removal of volatile organic compounds. This 73.29appropriation is effective January 1, 2016.

73.30Sec. 3. NATURAL RESOURCES

73.31Subdivision 1.Total Appropriation$263,944,000$261,979,000

73.32Appropriations by Fund73.332016201774.1General75,331,00074,062,00074.2Natural Resources84,927,00085,603,00074.3Game and Fish102,386,000102,014,00074.4Remediation1,100,000100,00074.5Permanent School200,000200,000

74.6The amounts that may be spent for each 74.7purpose are specified in the following 74.8subdivisions.

74.974.10Subd. 2.Land and Mineral Resources Management6,461,0005,521,000

74.11Appropriations by Fund74.122016201774.13General1,585,0001,585,00074.14Natural Resources3,332,0003,392,00074.15Game and Fish344,000344,00074.16Remediation1,000,000-0-74.17Permanent School200,000200,000

74.18$68,000 the first year and $68,000 the 74.19second year are for minerals cooperative 74.20environmental research, of which $34,000 74.21the first year and $34,000 the second year are 74.22available only as matched by $1 of nonstate 74.23money for each $1 of state money. The 74.24match may be cash or in-kind.74.25$251,000 the first year and $251,000 the 74.26second year are for iron ore cooperative 74.27research. Of this amount, $200,000 each year 74.28is from the minerals management account 74.29in the natural resources fund. $175,000 the 74.30first year and $175,000 the second year are 74.31available only as matched by $1 of nonstate 74.32money for each $1 of state money. The match 74.33may be cash or in-kind. Any unencumbered 74.34balance from the first year does not cancel 74.35and is available in the second year.75.1$2,755,000 the first year and $2,815,000 75.2the second year are from the minerals 75.3management account in the natural resources 75.4fund for use as provided in Minnesota 75.5Statutes, section 93.2236, paragraph (c), 75.6for mineral resource management, projects 75.7to enhance future mineral income, and 75.8projects to promote new mineral resource 75.9opportunities.75.10$200,000 the first year and $200,000 the 75.11second year are from the state forest suspense 75.12account in the permanent school fund to 75.13accelerate land exchanges, land sales, and 75.14commercial leasing of school trust lands and 75.15to identify, evaluate, and lease construction 75.16aggregate located on school trust lands. This 75.17appropriation is to be used for securing 75.18long-term economic return from the 75.19school trust lands consistent with fiduciary 75.20responsibilities and sound natural resources 75.21conservation and management principles.75.22Notwithstanding Minnesota Statutes, section 75.23115B.20, $1,000,000 the first year is from 75.24the dedicated account within the remediation 75.25fund for the purposes of Minnesota Statutes, 75.26section 115B.20, subdivision 2, clause (4), 75.27to acquire salt lands as described under 75.28Minnesota Statutes, section 92.05, within 75.29Bear Head Lake State Park. This is a onetime 75.30appropriation and is available until June 30, 75.312018.

75.32Subd. 3.Ecological and Water Resources32,414,00032,167,000

75.33Appropriations by Fund75.342016201775.35General17,526,00017,110,00076.1Natural Resources10,502,00010,576,00076.2Game and Fish4,386,0004,481,000

76.3$3,242,000 the first year and $3,242,000 the 76.4second year are from the invasive species 76.5account in the natural resources fund and 76.6$3,206,000 the first year and $3,206,000 the 76.7second year are from the general fund for 76.8management, public awareness, assessment 76.9and monitoring research, and water access 76.10inspection to prevent the spread of invasive 76.11species; management of invasive plants in 76.12public waters; and management of terrestrial 76.13invasive species on state-administered lands.76.14$5,000,000 the first year and $5,000,000 the 76.15second year are from the water management 76.16account in the natural resources fund for only 76.17the purposes specified in Minnesota Statutes, 76.18section 103G.27, subdivision 2.76.19$124,000 the first year and $124,000 the 76.20second year are for a grant to the Mississippi 76.21Headwaters Board for up to 50 percent of 76.22the cost of implementing the comprehensive 76.23plan for the upper Mississippi within areas 76.24under the board's jurisdiction.76.25$10,000 the first year and $10,000 the second 76.26year are for payment to the Leech Lake Band 76.27of Chippewa Indians to implement the band's 76.28portion of the comprehensive plan for the 76.29upper Mississippi.76.30$264,000 the first year and $264,000 the 76.31second year are for grants for up to 50 76.32percent of the cost of implementation of the 76.33Red River mediation agreement.77.1$2,018,000 the first year and $2,018,000 77.2the second year are from the heritage 77.3enhancement account in the game and 77.4fish fund for only the purposes specified 77.5in Minnesota Statutes, section 297A.94, 77.6paragraph (e), clause (1).77.7$950,000 the first year and $950,000 the 77.8second year are from the nongame wildlife 77.9management account in the natural resources 77.10fund for the purpose of nongame wildlife 77.11management. Notwithstanding Minnesota 77.12Statutes, section 290.431, $100,000 the first 77.13year and $100,000 the second year may 77.14be used for nongame wildlife information, 77.15education, and promotion.77.16$6,000,000 the first year and $6,000,000 the 77.17second year are from the general fund for the 77.18following activities:77.19(1) financial reimbursement and technical 77.20support to soil and water conservation 77.21districts or other local units of government 77.22for groundwater level monitoring;77.23(2) surface water monitoring and analysis, 77.24including installation of monitoring gauges;77.25(3) groundwater analysis to assist with water 77.26appropriation permitting decisions;77.27(4) permit application review incorporating 77.28surface water and groundwater technical 77.29analysis;77.30(5) precipitation data and analysis to improve 77.31the use of irrigation;77.32(6) information technology, including 77.33electronic permitting and integrated data 77.34systems; and78.1(7) compliance and monitoring.78.2$10,000 the first year and $64,000 the 78.3second year are to study, in cooperation 78.4with the Board of Water and Soil Resources, 78.5the feasibility of the state assuming 78.6administration of the section 404 permit 78.7program of the federal Clean Water Act 78.8as required in this act. This is a onetime 78.9appropriation.78.10$100,000 the first year is to develop 78.11cost estimates, in cooperation with the 78.12Metropolitan Council, for the augmentation 78.13of White Bear Lake with water from 78.14the Sucker Lake chain of lakes. The 78.15commissioner must submit a report with 78.16the cost estimates developed under this 78.17paragraph to the chairs and ranking minority 78.18members of the house of representatives 78.19and senate committees and divisions with 78.20jurisdiction over environment and natural 78.21resources policy and finance by February 1, 78.222016. This is a onetime appropriation.78.23The commissioner of natural resources must 78.24create a groundwater model that uses existing 78.25data for the Bonanza Valley Groundwater 78.26Management Area to describe the current 78.27groundwater conditions and characterize the 78.28nature and extent of the primary aquifers 78.29and the relationship of surface water and 78.30groundwater.78.31$400,000 the first year is for grants to assist 78.32in the construction of flood protection rural 78.33and farmstead ring levees in the Red River 78.34watershed. Grants may not exceed 50 percent 78.35of the cost of the projects. This is a onetime 79.1appropriation and is available until June 30, 79.22019.79.3$75,000 is for a grant to the city of Virginia 79.4for erosion control on the northeast side of 79.5Silver Lake to protect public and private 79.6property and infrastructure.

79.7Subd. 4.Forest Management39,614,00039,781,000

79.8Appropriations by Fund79.92016201779.10General26,446,00026,350,00079.11Natural Resources11,881,00012,144,00079.12Game and Fish1,287,0001,287,000

79.13$7,145,000 the first year and $7,145,000 79.14the second year are for prevention, 79.15presuppression, and suppression costs of 79.16emergency firefighting and other costs 79.17incurred under Minnesota Statutes, section 79.1888.12. The amount necessary to pay for 79.19presuppression and suppression costs during 79.20the biennium is appropriated from the general 79.21fund.79.22By January 15 of each year, the commissioner 79.23of natural resources shall submit a report to 79.24the chairs and ranking minority members 79.25of the house and senate committees 79.26and divisions having jurisdiction over 79.27environment and natural resources finance, 79.28identifying all firefighting costs incurred 79.29and reimbursements received in the prior 79.30fiscal year. These appropriations may 79.31not be transferred. Any reimbursement 79.32of firefighting expenditures made to the 79.33commissioner from any source other than 79.34federal mobilizations shall be deposited into 79.35the general fund.80.1$11,881,000 the first year and $12,144,000 80.2the second year are from the forest 80.3management investment account in the 80.4natural resources fund for only the purposes 80.5specified in Minnesota Statutes, section 80.689.039, subdivision 2. The base for fiscal 80.7year 2018 and later is $11,644,000.80.8$1,287,000 the first year and $1,287,000 80.9the second year are from the heritage 80.10enhancement account in the game and fish 80.11fund to advance ecological classification 80.12systems (ECS) scientific management tools 80.13for forest and invasive species management. 80.14This appropriation is from revenue deposited 80.15in the game and fish fund under Minnesota 80.16Statutes, section 297A.94, paragraph (e), 80.17clause (1).80.18$780,000 the first year and $780,000 the 80.19second year are for the Forest Resources 80.20Council for implementation of the 80.21Sustainable Forest Resources Act.80.22$250,000 the first year and $250,000 the 80.23second year are for the FORIST system.80.24At least $500,000 the first year is for forest 80.25road maintenance. The commissioner 80.26shall use the money to perform needed 80.27maintenance on forest roads in conjunction 80.28with timber sales.80.29The commissioner shall contract with a 80.30telecommunication provider to place a cell 80.31phone transmitter on the ranger tower on 80.32Side Lake in St. Louis County.

80.33Subd. 5.Parks and Trails Management74,064,00073,650,000

81.1Appropriations by Fund81.22016201781.3General24,967,00024,427,00081.4Natural Resources46,831,00046,950,00081.5Game and Fish2,266,0002,273,000

81.6$1,075,000 the first year and $1,075,000 the 81.7second year are from the water recreation 81.8account in the natural resources fund for 81.9enhancing public water access facilities.81.10$5,740,000 the first year and $5,740,000 the 81.11second year are from the natural resources 81.12fund for state trail, park, and recreation area 81.13operations. This appropriation is from the 81.14revenue deposited in the natural resources 81.15fund under Minnesota Statutes, section 81.16297A.94, paragraph (e), clause (2).81.17$1,005,000 the first year and $1,005,000 the 81.18second year are from the natural resources 81.19fund for park and trail grants to local units of 81.20government on land to be maintained for at 81.21least 20 years for the purposes of the grants. 81.22This appropriation is from the revenue 81.23deposited in the natural resources fund 81.24under Minnesota Statutes, section 297A.94, 81.25paragraph (e), clause (4). Any unencumbered 81.26balance does not cancel at the end of the first 81.27year and is available for the second year.81.28$8,424,000 the first year and $8,424,000 81.29the second year are from the snowmobile 81.30trails and enforcement account in the 81.31natural resources fund for the snowmobile 81.32grants-in-aid program. Any unencumbered 81.33balance does not cancel at the end of the first 81.34year and is available for the second year.82.1$1,360,000 the first year and $1,360,000 82.2the second year are from the natural 82.3resources fund for the off-highway vehicle 82.4grants-in-aid program. Of this amount, 82.5$1,210,000 each year is from the all-terrain 82.6vehicle account; and $150,000 each year is 82.7from the off-highway motorcycle account. 82.8Any unencumbered balance does not cancel 82.9at the end of the first year and is available for 82.10the second year.82.11$75,000 the first year and $75,000 the second 82.12year are from the cross-country ski account 82.13in the natural resources fund for grooming 82.14and maintaining cross-country ski trails in 82.15state parks, trails, and recreation areas.82.16$250,000 the first year and $250,000 the 82.17second year are from the state land and 82.18water conservation account (LAWCON) 82.19in the natural resources fund for priorities 82.20established by the commissioner for eligible 82.21state projects and administrative and 82.22planning activities consistent with Minnesota 82.23Statutes, section 84.0264, and the federal 82.24Land and Water Conservation Fund Act. 82.25Any unencumbered balance does not cancel 82.26at the end of the first year and is available for 82.27the second year.82.28$968,000 the first year and $968,000 the 82.29second year are from the off-road vehicle 82.30account in the natural resources fund. Of 82.31this amount, $568,000 each year is for parks 82.32and trails management for off-road vehicle 82.33purposes; $325,000 each year is for the 82.34off-road vehicle grant in aid program; and 82.35$75,000 each year is for a new full-time 83.1employee position or contract in northern 83.2Minnesota to work in conjunction with the 83.3Minnesota Four-Wheel Drive Association 83.4to address off-road vehicle touring routes 83.5and other issues related to off-road vehicle 83.6activities. Of this appropriation, the $325,000 83.7each year is onetime.83.8$65,000 the first year is from the water 83.9recreation account in the natural resources 83.10fund to cooperate with local units of 83.11government in marking routes and 83.12designating river accesses and campsites 83.13under Minnesota Statutes, section 85.32. 83.14This is a onetime appropriation and is 83.15available until June 30, 2019.83.16$190,000 the first year is for a grant to the 83.17city of Virginia for the additional cost of 83.18supporting a trail due to the rerouting of 83.19U.S. Highway No. 53. This is a onetime 83.20appropriation and is available until June 30, 83.212019.83.22$50,000 the first year is for development of 83.23a master plan for the Mississippi Blufflands 83.24Trail, including work on possible extensions 83.25or connections to other state or regional 83.26trails. This is a onetime appropriation that is 83.27available until June 30, 2017.83.28$61,000 from the natural resources fund the 83.29first year is for a grant to the city of East 83.30Grand Forks for payment under a reciprocity 83.31agreement for the Red River State Recreation 83.32Area.83.33$500,000 the first year is for restoration or 83.34replacement of a historic trestle bridge in 84.1Blackduck. This is a onetime appropriation 84.2and is available until June 30, 2019.84.3The base for parks and trails operations in 84.4the natural resources fund in fiscal year 2018 84.5and thereafter is $46,450,000.

84.6Subd. 6.Fish and Wildlife Management71,177,00071,713,000

84.7Appropriations by Fund84.82016201784.9Natural Resources1,908,0001,912,00084.10Game and Fish69,269,00069,801,000

84.11$8,167,000 the first year and $8,167,000 84.12the second year are from the heritage 84.13enhancement account in the game and fish 84.14fund only for activities specified in Minnesota 84.15Statutes, section 297A.94, paragraph (e), 84.16clause (1). Notwithstanding Minnesota 84.17Statutes, section 297A.94, five percent of 84.18this appropriation may be used for expanding 84.19hunter and angler recruitment and retention.84.20$1,000,000 the first year and $1,000,000 84.21the second year are from the game and 84.22fish fund for shooting sports facility grants 84.23under Minnesota Statutes, section 87A.10, 84.24including grants for archery facilities. Up to 84.25$100,000 each year is available for shooting 84.26sports facilities on state lands. Grants must 84.27be matched with a nonstate match, which 84.28may include in-kind contributions. This is a 84.29onetime appropriation and is available until 84.30June 30, 2019.84.31The game and fish fund base for fish and 84.32wildlife management in fiscal year 2018 and 84.33thereafter is $65,619,000.85.1Notwithstanding Minnesota Statutes, section 85.284.943, $13,000 the first year and $13,000 85.3the second year from the critical habitat 85.4private sector matching account may be used 85.5to publicize the critical habitat license plate 85.6match program.

85.7Subd. 7.Enforcement39,344,00038,377,000

85.8Appropriations by Fund85.92016201785.10General4,257,0004,140,00085.11Natural Resources10,153,00010,309,00085.12Game and Fish24,834,00023,828,00085.13Remediation100,000100,000

85.14$200,000 the first year is from the general 85.15fund and $1,900,000 the first year is from the 85.16game and fish fund are for aviation services. 85.17This appropriation is onetime.85.18$1,718,000 the first year and $1,718,000 the 85.19second year are from the general fund for 85.20enforcement efforts to prevent the spread of 85.21aquatic invasive species.85.22$1,537,000 the first year and $1,580,000 85.23the second year are from the heritage 85.24enhancement account in the game and 85.25fish fund for only the purposes specified 85.26in Minnesota Statutes, section 297A.94, 85.27paragraph (e), clause (1).85.28$1,082,000 the first year and $1,082,000 the 85.29second year are from the water recreation 85.30account in the natural resources fund for 85.31grants to counties for boat and water safety. 85.32Any unencumbered balance does not cancel 85.33at the end of the first year and is available for 85.34the second year.86.1$315,000 the first year and $315,000 the 86.2second year are from the snowmobile 86.3trails and enforcement account in the 86.4natural resources fund for grants to local 86.5law enforcement agencies for snowmobile 86.6enforcement activities. Any unencumbered 86.7balance does not cancel at the end of the first 86.8year and is available for the second year.86.9$250,000 the first year and $250,000 86.10the second year are from the all-terrain 86.11vehicle account for grants to qualifying 86.12organizations to assist in safety and 86.13environmental education and monitoring 86.14trails on public lands under Minnesota 86.15Statutes, section 84.9011. Grants issued 86.16under this paragraph  must be issued through 86.17a formal agreement with the organization. 86.18By December 15 each year, an organization 86.19receiving a grant under this paragraph shall 86.20report to the commissioner with details on 86.21expenditures and outcomes from the grant. 86.22Of this appropriation, $25,000 each year 86.23is for administration of these grants. Any 86.24unencumbered balance does not cancel at the 86.25end of the first year and is available for the 86.26second year.86.27$510,000 the first year and $510,000 86.28the second year are from the natural 86.29resources fund for grants to county law 86.30enforcement agencies for off-highway 86.31vehicle enforcement and public education 86.32activities based on off-highway vehicle use 86.33in the county. Of this amount, $498,000 each 86.34year is from the all-terrain vehicle account; 86.35$11,000 each year is from the off-highway 86.36motorcycle account; and $1,000 each year 87.1is from the off-road vehicle account. The 87.2county enforcement agencies may use 87.3money received under this appropriation 87.4to make grants to other local enforcement 87.5agencies within the county that have a high 87.6concentration of off-highway vehicle use. 87.7Of this appropriation, $25,000 each year 87.8is for administration of these grants. Any 87.9unencumbered balance does not cancel at the 87.10end of the first year and is available for the 87.11second year.

87.12Subd. 8.Operations Support870,000770,000

87.13Appropriations by Fund87.142016201787.15General550,000450,00087.16Natural Resources320,000320,000

87.17$320,000 the first year and $320,000 the 87.18second year are from the natural resources 87.19fund for grants to be divided equally between 87.20the city of St. Paul for the Como Park Zoo 87.21and Conservatory and the city of Duluth 87.22for the Duluth Zoo. This appropriation 87.23is from the revenue deposited to the fund 87.24under Minnesota Statutes, section 297A.94, 87.25paragraph (e), clause (5).87.26$300,000 the first year and $450,000 the 87.27second year are for legal costs related to water 87.28management. This is a onetime appropriation 87.29and is available until June 30, 2018.87.30With money appropriated in this section, the 87.31commissioner shall give preference to call 87.32centers located in Minnesota.

87.33Subd. 9.Cancellation

88.1The general fund appropriation of $1,000,000 88.2in Laws 2014, chapter 312, article 12, section 88.36, subdivision 2, is canceled on July 1, 2015.

88.488.5Sec. 4. BOARD OF WATER AND SOIL RESOURCES$13,237,000$13,415,000

88.6$3,423,000 the first year and $3,423,000 the 88.7second year are for natural resources block 88.8grants to local governments. Grants must be 88.9matched with a combination of local cash or 88.10in-kind contributions. The base grant portion 88.11related to water planning must be matched 88.12by an amount as specified by Minnesota 88.13Statutes, section 103B.3369. The board may 88.14reduce the amount of the natural resources 88.15block grant to a county by an amount equal to 88.16any reduction in the county's general services 88.17allocation to a soil and water conservation 88.18district from the county's previous year 88.19allocation when the board determines that 88.20the reduction was disproportionate.88.21$3,116,000 the first year and $3,116,000 the 88.22second year are for grants to soil and water 88.23conservation districts for general purposes, 88.24nonpoint engineering, and implementation of 88.25the reinvest in Minnesota reserve program. 88.26Expenditures may be made from these 88.27appropriations for supplies and services 88.28benefiting soil and water conservation 88.29districts. Any district receiving a grant under 88.30this paragraph shall maintain a Web page that 88.31publishes, at a minimum, its annual report, 88.32annual audit, annual budget, and meeting 88.33notices.89.1$1,560,000 the first year and $1,560,000 the 89.2second year are for the following cost-share 89.3programs:89.4(1) $260,000 each year is for feedlot water 89.5quality grants for feedlots under 300 animal 89.6units and nutrient and manure management 89.7projects in watersheds where there are 89.8impaired waters;89.9(2) $1,200,000 each year is for soil and 89.10water conservation district cost-sharing 89.11contracts for perennially vegetated riparian 89.12buffers, erosion control, water retention 89.13and treatment, and other high-priority 89.14conservation practices; and89.15(3) $100,000 each year is for county 89.16cooperative weed management programs and 89.17to restore native plants in selected invasive 89.18species management sites.89.19$800,000 the first year and $750,000 89.20the second year are for implementation, 89.21enforcement, and oversight of the Wetland 89.22Conservation Act, including administration 89.23of the wetland banking program and in-lieu 89.24fee mechanism. The base for fiscal year 2018 89.25and later is $761,000.89.26$166,000 the first year and $166,000 89.27the second year are to provide technical 89.28assistance to local drainage management 89.29officials and for the costs of the Drainage 89.30Work Group.89.31$100,000 the first year and $100,000 89.32the second year are for a grant to the 89.33Red River Basin Commission for water 89.34quality and floodplain management, 90.1including administration of programs. This 90.2appropriation must be matched by nonstate 90.3funds. If the appropriation in either year is 90.4insufficient, the appropriation in the other 90.5year is available for it.90.6$140,000 the first year and $140,000 90.7the second year are for grants to Area 90.8II Minnesota River Basin Projects for 90.9floodplain management.90.10$8,000 the first year and $262,000 the 90.11second year are to study, in cooperation 90.12with the commissioner of natural resources, 90.13the feasibility of the state assuming 90.14administration of the section 404 permit 90.15program of the federal Clean Water Act 90.16as required in this act. This is a onetime 90.17appropriation.90.18Notwithstanding Minnesota Statutes, section 90.19103C.501, the board may shift cost-share 90.20funds in this section and may adjust the 90.21technical and administrative assistance 90.22portion of the grant funds to leverage 90.23federal or other nonstate funds or to address 90.24high-priority needs identified in local water 90.25management plans or comprehensive water 90.26management plans.90.27The appropriations for grants in this 90.28section are available until expended. If an 90.29appropriation for grants in either year is 90.30insufficient, the appropriation in the other 90.31year is available for it.90.32The base for the board in fiscal year 2018 and 90.33thereafter is increased by $11,000,000 for 90.34grants to soil and water conservation districts 90.35to implement buffer requirements.

91.1Sec. 5. METROPOLITAN COUNCIL$8,740,000$8,740,000

91.2Appropriations by Fund91.32016201791.4General3,070,0003,070,00091.5Natural Resources5,670,0005,670,000

91.6$2,870,000 the first year and $2,870,000 the 91.7second year are for metropolitan area regional 91.8parks operation and maintenance according 91.9to Minnesota Statutes, section 473.351.91.10$5,670,000 the first year and $5,670,000 the 91.11second year are from the natural resources 91.12fund for metropolitan area regional parks 91.13and trails maintenance and operations. This 91.14appropriation is from the revenue deposited 91.15in the natural resources fund under Minnesota 91.16Statutes, section 297A.94, paragraph (e), 91.17clause (3).91.18$200,000 the first year and $200,000 the 91.19second year are for the Metropolitan Area 91.20Water Supply Policy Advisory Committee 91.21study and the Metropolitan Area Water 91.22Supply Technical Advisory Committee 91.23required under Minnesota Statutes, section 91.24473.1565. This is a onetime appropriation.

91.2591.26Sec. 6. CONSERVATION CORPS MINNESOTA$945,000$945,000

91.27Appropriations by Fund91.282016201791.29General455,000455,00091.30Natural Resources490,000490,000

91.31Conservation Corps Minnesota may receive 91.32money appropriated from the natural 91.33resources fund under this section only 92.1as provided in an agreement with the 92.2commissioner of natural resources.

92.3Sec. 7. ZOOLOGICAL BOARD$8,410,000$8,410,000

92.4Appropriations by Fund92.52016201792.6General8,250,0008,250,00092.7Natural Resources160,000160,000

92.8$160,000 the first year and $160,000 the 92.9second year are from the natural resources 92.10fund from the revenue deposited under 92.11Minnesota Statutes, section 297A.94, 92.12paragraph (e), clause (5).

92.13Sec. 8. SCIENCE MUSEUM$1,079,000$1,079,000

92.14Sec. 9. ADMINISTRATION$300,000$300,000

92.15$300,000 the first year and $300,000 92.16the second year are from the state forest 92.17suspense account in the permanent school 92.18fund for the school trust lands director to 92.19accelerate land exchanges, land sales, and 92.20commercial leasing of school trust lands and 92.21to identify, evaluate, and lease construction 92.22aggregate located on school trust lands. This 92.23appropriation is to be used for securing 92.24long-term economic return from the 92.25school trust lands consistent with fiduciary 92.26responsibilities and sound natural resources 92.27conservation and management principles.

92.28Sec. 10. REPAYMENT; TRANSFER

92.29The commissioner of management and 92.30budget shall transfer $19,016,000 in fiscal 92.31year 2018 and $19,016,000 in fiscal year 92.322019 from the general fund to the closed 93.1landfill investment fund created in Minnesota 93.2Statutes, section 115B.421.93.3    Sec. 11. Laws 2010, chapter 215, article 3, section 5, subdivision 4, is amended to read:

93.4Subd. 4.Returned Grants

93.5Beginning 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 may be used for 93.18the purposes of Minnesota Statutes, section 93.19103B.102, for grants to local governments 93.20as authorized in Minnesota Statutes, section 93.21103B.3369, or to cover onetime costs for 93.22implementation of natural resources block 93.23grant funded programs, including the 93.24Wetland Conservation Act, wetland banking, 93.25shoreland management, and local water 93.26management programs.93.27    Sec. 12. Laws 2014, chapter 312, article 12, section 6, subdivision 5, is amended to read:

93.2893.29Subd. 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. 94.28The commissioner may spend up to $50,000 94.29of this appropriation to administer the grant. 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 hunter and angler recruitment 94.35and retention activities and 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.  REPEALER.95.25Laws 2010, chapter 215, article 3, section 3, subdivision 6, as amended by Laws 95.262010, First Special Session chapter 1, article 6, section 6, Laws 2013, chapter 114,
         article 95.273, section 9, is repealed.95.28ARTICLE 495.29ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES95.30    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 copy paper, office paper, and printing paper;96.1(2) purchase recycled content copy paper with at least ten 30 percent postconsumer 96.2material by weight and purchase printing and office paper with at least ten percent 96.3postconsumer material by weight;96.4(3) purchase copy, office, and printing paper which has not been dyed with colors, 96.5excluding pastel colors;96.6(4) purchase recycled content copy, office, and printing 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) (5) use reusable binding materials or staples and bind documents by methods 96.11that do not use glue;96.12(7) (6) use soy-based inks;96.13(8) (7) produce reports, publications, and periodicals that are readily recyclable 96.14within the state resource recovery program; and96.15(9) (8) 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 16C.0725, 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;Application fee exemption.(a) A utility 96.25license for crossing public lands or public waters is exempt from all application 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(b) This subdivision does not apply to electric power lines, cables, or conduits 100
         96.29kilovolts or greater or to main pipelines for gas, liquids, or solids in suspension.96.30EFFECTIVE DATE.This section is effective retroactively from July 1, 2014, and 96.31does not authorize the retroactive collection of fees.96.32    Sec. 3. [84.69] NATURAL RESOURCES CONSERVATION EASEMENT 96.33STEWARDSHIP ACCOUNT.97.1    Subdivision 1.Account established; sources.The natural resources conservation 97.2easement stewardship account is created in the special revenue fund. The account consists
         97.3of money credited to the account and interest and other earnings on money in the account.
         97.4The State Board of Investment must manage the account to maximize long-term gain.
         The 97.5following revenue must be deposited in the natural resources conservation easement
         97.6stewardship account:97.7(1) contributions to the account or specified for any purpose of the account;97.8(2) contributions under subdivision 3; section 84.66, subdivision 11; or other 97.9applicable law;97.10(3) money appropriated for any of the purposes described in subdivision 2;97.11(4) money appropriated for monitoring and enforcement of easements and earnings 97.12on the money appropriated that revert to the state under section 97A.056, subdivision
         97.1317, or other applicable law; and97.14(5) gifts under section 84.085 for conservation easement stewardship.97.15    Subd. 2.Appropriation; purposes of account.Five percent of the balance on 97.16July 1 of each year in the natural resources conservation easement stewardship account
         97.17is annually appropriated to the commissioner of natural resources and may be spent
         97.18only to cover the costs of managing conservation easements held by the Department
         97.19of Natural Resources, including costs associated with monitoring, landowner contacts,
         97.20records storage and management, processing landowner notices, requests for approval
         97.21or amendments, enforcement, and legal services associated with conservation easement
         97.22management activities.97.23    Subd. 3.Financial contributions.The commissioner shall seek a financial 97.24contribution to the natural resources conservation easement stewardship account for
         each 97.25conservation easement acquired by or assigned to the Department of Natural Resources.
         97.26Unless otherwise provided by law, the commissioner shall determine the amount of the
         97.27contribution, which must be an amount calculated to earn sufficient money to meet
         97.28the costs of managing the conservation easement at a level that neither significantly
         97.29overrecovers nor underrecovers the costs. In determining the amount of the financial
         97.30contribution, the commissioner shall consider:97.31(1) the estimated annual staff hours needed to manage the conservation easement, 97.32taking into consideration factors such as easement type, size, location, and complexity;97.33(2) the average hourly wages for the class or classes of employees expected to 97.34manage the conservation easement;97.35(3) the estimated annual travel expenses to manage the conservation easement;98.1(4) the estimated annual miscellaneous costs to manage the conservation easement,
         98.2including supplies and equipment, information technology support, and aerial flyovers;98.3(5) the estimated annualized cost of legal services, including the cost to enforce
         the 98.4easement in the event of a violation; and98.5(6) the expected rate of return on investments in the account.98.6EFFECTIVE DATE.Subdivisions 1 and 2 of this section are effective the day 98.7following final enactment. Subdivision 3 of this section is effective for conservation
         98.8easements acquired with money appropriated on or after July 1, 2015, and for acquisitions
         98.9of conservation easements by gift that are initiated on or after July 1, 2015.98.10    Sec. 4. Minnesota Statutes 2014, section 84.788, subdivision 5, is amended to read:98.11    Subd. 5. Report of ownership transfers; fee.A person who sells or transfers (a) 98.12Application for transfer of ownership of an off-highway motorcycle registered under 98.13this section shall report the sale or transfer must be made to the commissioner within 98.1415 days of the date of transfer. 98.15(b) 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,
         98.17purchaser using a bill of sale, and a $4 fee that includes the vehicle serial number.98.18(c) The purchaser is subject to the penalties imposed by section 84.774 if the 98.19purchaser fails to apply for transfer of ownership as provided under this subdivision.98.20EFFECTIVE DATE.This section is effective January 1, 2016.98.21    Sec. 5. Minnesota Statutes 2014, section 84.788, is amended by adding a subdivision 98.22to read:98.23    Subd. 5a.Report of registration transfers.(a) Application for transfer of 98.24registration under this section must be made to the commissioner within 15 days of
         the 98.25date of transfer.98.26(b) An application for transfer must be executed by the registered owner and the 98.27purchaser using a bill of sale that includes the vehicle serial number.98.28(c) The purchaser is subject to the penalties imposed by section 84.774 if the 98.29purchaser fails to apply for transfer of registration as provided under this subdivision.98.30EFFECTIVE DATE.This section is effective January 1, 2016.98.31    Sec. 6. [84.8031] GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.99.1The commissioner must review an off-road vehicle grant-in-aid application and, if
         99.2approved, commence public review of the application within 60 days after the completed
         99.3application has been locally approved and submitted to an area parks and trails office.
         If 99.4the commissioner fails to approve or deny the application within 60 days after submission,
         99.5the application is deemed approved and the commissioner must provide for a 30-day
         99.6public review period.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 of a snowmobile with 99.11an engine displacement that is greater than 125 cubic centimeters 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; or99.31    (7) a snowmobile while being used to groom a state or grant-in-aid trail; or99.32    (8) a snowmobile with an engine displacement that is 125 cubic centimeters or less
         99.33and the snowmobile is not operated on a state or grant-in-aid trail.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(a) 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
         100.5thereofof the transfer or destruction or abandonment shall be given to the commissioner 100.6in such form as the commissioner shall prescribe. 100.7(b) An application for transfer must be executed by the registered owner and the 100.8purchaser using a bill of sale that includes the vehicle serial number.100.9(c) The purchaser is subject to the penalties imposed by section 84.88 if the purchaser
         100.10fails to apply for transfer of ownership as provided under this subdivision. Every owner 100.11or part owner of a snowmobile shall, upon failure to give such notice of destruction or 100.12abandonment, be subject to the penalties imposed by Laws 1967, chapter 876 section 84.88.100.13EFFECTIVE DATE.This section is effective July 1, 2016.100.14    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 with: (1) 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; (2) a total dry weight of 2,000 pounds or less; and (3) a total width 100.19from outside of tire rim to outside of tire rim that is 65 inches or less. All-terrain
         vehicle  100.20includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle. All-terrain vehicle does 100.21not include a golf cart, mini-truck, dune buggy, or go-cart or a vehicle designed
         and used 100.22specifically for lawn maintenance, agriculture, logging, or mining purposes.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 width from outside 100.26of tire rim to outside of tire rim that is 50 inches or less.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 width from outside 100.30of tire rim to outside of tire rim that is greater than 50 inches but not more than
         65 inches.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 (a) Application for transfer of 101.3ownership must be made to the commissioner within 15 days of the date of transfer. 101.4(b) 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, using a bill of sale and a $4 fee that includes the vehicle serial number.101.7(c) The purchaser is subject to the penalties imposed by section 84.774 if the 101.8purchaser fails to apply for transfer of ownership as provided under this subdivision.101.9EFFECTIVE DATE.This section is effective January 1, 2016.101.10    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. A person may use the following as 101.29evidence of meeting all-terrain vehicle safety certificate requirements:101.30    (1) a valid all-terrain vehicle safety certificate issued by the commissioner;101.31    (2) a driver's license that has a valid all-terrain vehicle safety certificate indicator
         101.32issued under section 171.07, subdivision 18; or101.33    (3) an identification card that has a valid all-terrain vehicle safety certificate
         indicator 101.34issued under section 171.07, subdivision 18.102.1EFFECTIVE DATE.This section is effective January 1, 2016, or the date the new 102.2driver and vehicle services information technology system is implemented, whichever
         102.3comes later.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; or102.12    (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; and102.24    (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; and103.10(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 roadway, 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;
         103.16and103.17(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 or by local ordinance under paragraph (k), 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 a class 1 all-terrain vehicle designed by the manufacturer 103.27for off-road use to be driven by a steering wheel and equipped with operator and passenger
         103.28seat belts and a roll-over protective structure or 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 right shoulder or the 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); and104.3    (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; or104.12(2) when the all-terrain vehicle is owned by or operated under contract with:104.13(i) a road authority as defined under section 160.02, subdivision 25; or104.14(ii) 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; or104.21    (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(k) A county, city, or town, acting through its governing body, may by ordinance 105.8allow a person to operate an all-terrain vehicle on a public road or street under
         its 105.9jurisdiction to access businesses and residences and to make trail connections.105.10EFFECTIVE DATE.The amendments to paragraph (e) of this section are effective 105.11the day following final enactment.105.12    Sec. 17. Minnesota Statutes 2014, section 84D.01, is amended by adding a subdivision 105.13to read:105.14    Subd. 1a.Aquatic invasive species affirmation."Aquatic invasive species 105.15affirmation" means an affirmation of the summary of the aquatic invasive species laws
         of 105.16this chapter that is part of watercraft licenses and nonresident fishing licenses,
         as provided 105.17in section 84D.106.105.18EFFECTIVE DATE.This section is effective January 1, 2016.105.19    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 designated 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 designated 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 designated 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 designated 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 designated the species as appropriate; and106.13(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 designating the species 106.18as a prohibited invasive species; and106.19(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 designating the species 106.25as an unregulated nonnative species; and106.26(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, including decontamination using hot water or high pressure 107.3equipment when available on site, before it the water-related equipment is transported or 107.4before it is 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; and107.10    (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.; and107.14    (5) decontamination of water-related equipment when available on site.107.15    (b) An order for removal of prohibited invasive species under paragraph (a), clause
         107.16(1), or decontamination of water-related equipment under paragraph (a), clause (5),
         107.17may include tagging the water-related equipment and issuing a notice that specifies
         107.18a time frame for completing the removal or decontamination and reinspection of the
         107.19water-related equipment.107.20    (b) (c) An inspector who is not a licensed peace officer may issue orders under 107.21paragraph (a), clauses (1), (3), and (4), and (5).107.22    Sec. 24. [84D.106] AQUATIC INVASIVE SPECIES AFFIRMATION.107.23Aquatic invasive species affirmation is required for all:107.24(1) watercraft licenses issued under section 86B.401; and107.25(2) all nonresident fishing licenses, as provided in section 97C.301, subdivision
         2a.107.26EFFECTIVE DATE.Clause (1) of this section is effective January 1, 2016, and 107.27clause (2) of this section is effective March 1, 2016.107.28    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, decontamination, 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 designating 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; and108.5    (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 designate:108.9    (1) prohibited invasive species of aquatic plants and wild animals;108.10    (2) regulated invasive species of aquatic plants and wild animals; and108.11    (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; and108.29    (7) for transporting infested water off riparian property without a permit as required
         108.30by rule, $200; and108.31    (8) for failing to have aquatic invasive species affirmation displayed or available
         for 108.32inspection as provided in sections 86B.401 and 97C.301, subdivision 2a, $25.109.1(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, habitat improvements, 109.9and research.109.10    Sec. 30. Minnesota Statutes 2014, section 85.015, is amended by adding a subdivision 109.11to read:109.12    Subd. 1e.Connection to state parks and recreation areas.Trails designated under 109.13this section may include connections to state parks or recreation areas that generally
         lie in 109.14between or within the vicinity of the waymarks specifically named in the designation.109.15    Sec. 31. Minnesota Statutes 2014, section 85.015, is amended by adding a subdivision 109.16to read:109.17    Subd. 6a.Mississippi Blufflands Trail; Goodhue and Wabasha Counties.(a) 109.18The Mississippi Blufflands Trail shall originate at the Cannon Valley Trail and thence
         109.19extend generally southeasterly along the Mississippi River through Frontenac State
         Park in 109.20Goodhue County and continue through Goodhue and Wabasha Counties to the city of Lake
         109.21City, and there terminate. The trail shall include connections to the Rattlesnake
         Bluff Trail.109.22(b) The trail shall be developed primarily for riding and hiking.109.23(c) In establishing, developing, maintaining, and operating the trail, the 109.24commissioner shall cooperate with local units of government and private individuals
         and 109.25groups whenever feasible.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, Prosper, Canton, and Ostrander, 110.2and connections to the Iowa border including a connection to Niagara Cave 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. Separation of motorized and nonmotorized corridors is acceptable as needed.110.19    Sec. 34. [85.0506] LAKE VERMILION-SOUDAN UNDERGROUND MINE 110.20STATE PARK; HOISTS.110.21The Lake Vermilion-Soudan Underground Mine State Park mine tour operation is 110.22exempt from sections 326B.163 to 326B.191. The federal mine code for hoists that lift
         110.23people under Code of Federal Regulations, title 30, part 57, subpart R, applies to
         the 110.24Lake Vermilion-Soudan Underground Mine State Park hoist. The commissioner shall 110.25employ a hoist safety expert to conduct an annual inspection of the hoist system at
         the 110.26Lake Vermilion-Soudan Underground Mine State Park.110.27    Sec. 35. Minnesota Statutes 2014, section 85.054, subdivision 12, is amended to read:110.28    Subd. 12. Lake Vermilion-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 and the Stuntz Bay 110.31boat house area.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, Shell Rock, 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.(a) 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(b) A license includes aquatic invasive species affirmation as provided in section
         111.1884D.106. The aquatic invasive species affirmation portion of the license must be on
         board 111.19or available with the signed license certificate. The aquatic invasive species affirmation
         will 111.20be provided with an application for a new, transfer, duplicate, or renewal watercraft
         license.111.21(c) The license is not valid unless signed by at least one owner.111.22(d) Failure to complete the aquatic invasive species affirmation in this subdivision
         is 111.23subject to the penalty prescribed in section 84D.13, subdivision 5. 111.24EFFECTIVE DATE.This section is effective January 1, 2016.111.25    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 or local units of government 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 112.11use only fuel materials as outlined in the current edition of National Fire Protection
         112.12Association 1403, Standard on Live Fire Training Evolutions, and obtain the applicable
         112.13live burn documents in accordance with the current edition of the Board of Firefighter
         112.14Training and Education's live burn plan established according to section 299N.02,
         112.15subdivision 3, clause (2).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; and112.31(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 Provisions of auxiliary forest contract to run with the land.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 a recorded contract shall be for an auxiliary forest are 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, the land therein described 113.23in the contract shall become, 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 113.2588.47 88.49 to 
         88.53, all of which shall be deemed a. These sections are part of the 113.26obligation of the contract and shall be are 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 113.29the execution and filing. This provision shall not be so construed as to prevent amendatory 113.30or supplementary legislation which does of the contract. Laws enacted subsequent to 113.31the date of execution of the contract are applicable to the contract, so long as the
         laws 113.32do not impair these the 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 signatories of the contract or their successors or assigns.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 (a) If the owner fails to faithfully to 114.3fulfill and perform such the contract or, any provision thereof of the contract, or any 114.4requirement of sections 
         88.47 88.49 to 
         88.53, or any rule adopted by the commissioner 114.5thereunder adopts under those sections, 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 then 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 toThe commissioner shall give the owner in the manner 114.12provided in section 88.48, subdivision 4 notice of the commissioner's determination and 114.13order. On determining If the commissioner determines that the contract should be canceled 114.14and no appeal therefrom be taken the owner does not appeal the determination as provided 114.15in subdivision 7, the commissioner shall send notice thereof of the cancellation 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. The recorder shall forthwith note the cancellation upon 114.18the record thereof, and thereupon the land therein described in the contract shall cease to 114.19be an auxiliary forest and, together with the timber thereon on the land, become liable 114.20to for all taxes and assessments that otherwise would have been levied against it had it 114.21never been an auxiliary forest the land from the time of the making of the contract, any 114.22notwithstanding provisions of the statutes of limitation to the contrary notwithstanding, 114.23less. 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, must be subtracted from the tax owed by the owner.114.26(b) The commissioner may in like manner and with like effect cancel the contract 114.27upon written application of the owner.114.28(c) The commissioner shall cancel any the contract if the owner has made successful 114.29application successfully applied under sections 290C.01 to 290C.11, the Sustainable Forest 114.30Incentive Act, sections 290C.01 to 290C.11, and has paid to the county treasurer the tax 114.31difference between the amount which that 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 subdivision 1, and Minnesota Statutes 2014, section 88.51, 114.35subdivision 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 that would have been paid, had if the land under contract had 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, was filed is less than the amount actually paid under 115.5the contract, the cancellation shall be made without further payment by the owner.115.6When (d) If the execution of any the contract creating an auxiliary forest shall have 115.7been is procured through fraud or deception practiced upon on the county board or, the 115.8commissioner, or any other person or body representing the state, it may be canceled 115.9cancel it upon suit brought by the attorney general at the direction of the commissioner. 115.10This cancellation shall have has 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.(a) For the purpose of levying such taxes, 115.14the county auditor shall, immediately upon receipt of receiving notice of the cancellation 115.15of any a 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 Minnesota Statutes 2014, section 
         88.51, 115.18subdivision 2
         , as of for each of the years during which the lands have been were 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, fixed by section 
         273.13, for each of the years during which 115.22the land has been was 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 is a first and prior lien upon the land and upon all timber and forest 115.25products growing, grown, or cut thereon on the land and removed therefrom from the land. 115.26These taxes shall must 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 must be enforced by the seizure and sale of the forest products.115.29(b) No person shall, after the mailing by the commissioner, as provided in subdivision
         115.305, of notice of hearing on the cancellation of a the 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 are paid, or, in the 115.33event such if the levy shall is not have been completed, until the owner shall have has given 115.34a bond payable to the county, with sureties approved by the county auditor, in such the 116.1amount as the county auditor shall deem deems ample for the payment of all taxes that may 116.2be levied thereon under this subdivision, conditioned for the payment of such the taxes.116.3(c) Any person who shall violate any of the provisions of violates this subdivision 116.4shall be is 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.(a) The owner may appeal from any cancellation order of the 116.7commissioner to the district court of the county wherein where the land is situate, located 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(b) The appeal shall must 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 is substituted for the cancellation order of the commissioner, and shall be is 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 a 116.16contract shall exist exists, the commissioner may, in lieu of canceling such the contract, 116.17perform the terms and conditions, other than the payment of that the owner was required 116.18to perform, except that the commissioner may not pay any taxes, that the owner was 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 to have paid by law. The commissioner may use any 116.21available moneys appropriated for the maintenance of the commissioner's division and
         116.22any other lawful means to perform all other terms and conditions required to maintain the 116.23auxiliary forest status. The commissioner shall, on December 1 each year, certify to the 116.24auditor of each county the amount of moneys thus expended on and the value of services 116.25thus rendered in respect of any lands therein for land in the county 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 bears interest 116.28at the rate of six percent per annum and shall be is a lien upon the lands described therein, 116.29and. The collection thereof of the tax must be enforced in the same manner as taxes 116.30levied under section 
         88.52, subdivision 1;, and, if such the tax be is not sooner paid, it 116.31shall must 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.(a) Land needed for other 117.2purposes may be withdrawn from an auxiliary forest as herein provided. The owner may 117.3submit 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. The county board shall consider the application and hear any 117.9matter offered in support of or in opposition to the application. The county board
         shall 117.10make proper record of its action upon the application. If the application is rejected,
         the 117.11county board shall prepare a written statement stating the reasons for the rejection
         within 117.1230 days of the date of rejection. If the application is rejected, the county auditor
         shall, 117.13within 30 days of the rejection, endorse the rejection on the application and return
         it, 117.14together with a copy of the written statement prepared by the county board stating
         the 117.15reasons for rejection to the applicant. The rejected application and written statement
         must 117.16be sent to the owner by certified mail at the address given in the application.117.17(b) If the application is disapproved as to only a part of the lands described, the
         117.18county auditor shall notify the applicant in the same manner as if the application
         were 117.19rejected. The applicant may amend the application within 60 days after the notice
         is 117.20mailed. If it is not amended, the application is deemed rejected.117.21(c) If the county board shall determine determines 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 of the auxiliary forest 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 by both the county board and the commissioner, the county auditor 117.29shall notify the applicant and the commissioner. Upon notice from the county auditor,
         117.30the commissioner shall cause to be prepared a supplemental contract executed by the
         117.31commissioner on behalf of the state and by the owner of the fee title or the holder
         of 117.32a state deed and by all other persons having any liens on the land and witnessed and
         117.33acknowledged as provided by law for the execution of recordable deeds of conveyance.
         117.34Notices sent by certified mail to the owner in fee at the address given in the application
         117.35is deemed notice to all persons executing the supplemental contract. The supplemental
         117.36contract must be prepared by the director of the Division of Forestry on a recordable
         118.1form approved by an attorney appointed by the commissioner. Every supplemental 118.2contract must be approved by the Executive Council. The commissioner shall submit
         the 118.3supplemental contract to the owner of the land. If the owner indicates to the commissioner
         118.4an unwillingness to execute the supplemental contract, or if the owner or any of the
         118.5persons with an interest in the land or a lien upon the land fail to execute the contract
         118.6within 60 days from the time of submission of the contract to the owner for execution,
         all 118.7proceedings relating back to the withdrawal of the land from an auxiliary forest shall
         be at 118.8an end. When the supplemental contract is executed, it must be recorded in the office
         of 118.9the county recorder at the expense of the owner or, if the title to the land is registered,
         the 118.10supplemental contract must be recorded with the registrar of titles. At the time the
         contract 118.11is recorded with the county recorder, the owner, at the owner's expense, shall record
         with 118.12the county recorder a certificate from the county attorney to the effect that no change
         in 118.13record title to the land has occurred, that no liens or other encumbrances have been
         placed 118.14on the land, and that no taxes have accrued on the land since the making of the previous
         118.15certificate. The county attorney must furnish this certificate without further compensation.
         118.16Upon execution and recording of the supplemental contract, the land described in the 118.17supplemental contract shall cease that is to be withdrawn from the auxiliary forest ceases 118.18to be part of the auxiliary forest, and, together with the timber thereon, shall be the owner 118.19is liable to taxes and assessments of the withdrawn portion together with the timber on the 118.20withdrawn portion 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 of an auxiliary forest 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 If the ownership of such a an auxiliary 118.26forest is divided into two or more parts by any transfer or transfers of title and
         the owners 118.27of all such the parts desire to have the same parts made separate auxiliary forests, they the 118.28owners 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 the 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 119.3the contract. The new contract or contracts and modification of the prior contract shall 119.4must be executed and otherwise dealt with in like manner as provided for an original a 119.5supplemental auxiliary forest contract in subdivision 9, but no such instrument shall must 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 When all such the instruments take effect, the owner of the 119.9forest prior to the transfer shall be is divested of all rights and relieved from all liabilities 119.10under the contract then in force with respect to the parts transferred except such those 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 are 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 landowner 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, 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 landowner 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; plus119.32(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; and119.34(2) the amount actually paid under section 
         88.51, subdivisions subdivision 1, and 119.35Minnesota Statutes 2014, section 88.51, subdivision 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 must be taxed in the manner and to the extent 120.4hereinafter provided according to sections 88.49 to 88.53 and not otherwise. Except as 120.5expressly permitted by sections 
         88.47 88.49 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 written consent in writing to the making 120.16of the assessment in the tribunal in which the proceeding is pending, whereupon. The lands 120.17shall for the purposes of the improvement and assessment not 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 is 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 
         88.47 88.49 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.(a) From and after the filing of the 120.23contract creating any tract of land an auxiliary forest under sections 
         88.47 88.49 to 
         88.53120.24and 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 must be taxed 120.26annually at the rate of 10 cents per acre. This tax shall must be levied and collected, and 120.27the payment thereof of the tax, with penalties and interest, enforced in the same manner as 120.28other taxes on real estate, and shall must 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 is due in full on or before May 120.3131, after the levy thereof. Failure to pay when due any tax so levied shall be is cause 120.32for cancellation of the contract.120.33(b) 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 discharges and annuls all 120.35unpaid taxes levied or assessed thereon on the land.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, the value of the surface of lands within any 121.4auxiliary forest therein in the taxing district, 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 of 121.7those surface lands.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 is 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. The cutting and removal of these designated trees so 121.15designated shall must 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 laws, or of the instructions of the commissioner 121.19relative to the cutting and removal. Any such violation shall be is ground for cancellation 121.20of the contract by the commissioner; otherwise the contract shall continue continues in 121.21force for the remainder of the period therein stated in the contract, 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 the 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 owner's written request of the owner as provided in subdivision 2, 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, 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 tax 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, a deposit in 122.5cash with the county treasurer, in the amount required by the report, which shall be and 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 15 following 122.11issuance of such the cutting permit, and on or before the fifteenth day of April 15 of each 122.12succeeding year in which any merchantable wood products were cut on auxiliary forest
         122.13lands prior to the termination of such the 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 must be transmitted to the county auditor, 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, or 122.19loaded as the case may be. If no such scale or measurement shall have been was made on 122.20the ground, an estimate thereof shall must be made and such estimate corrected by the first 122.21scale or measurement, made in the due course of business, and such. The correction must 122.22at once be 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 15 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 Minnesota Statutes 122.262014, section 
         88.51, subdivision 2, of the timber cut during the year ending on the March 122.2731st 31 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 the following May 31 next following. Copies 122.29of the yield (severance) tax assessment and of the yield (severance) tax payment shall must 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 must be levied and collected, 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 must 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, 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 paragraph, 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 is 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 must follow the procedures specified in clause paragraph (a).123.22Forest owners operating under this subdivision shall be paragraph are subject to all 123.23other provisions of the auxiliary forest law except such the provisions of clause paragraph 123.24(a) as that are in conflict with this subdivision paragraph. 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 paragraph and for failure to pay the yield 123.27tax when due shall be are 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 red pine; jack pine; 123.34aspen-birch; spruce-balsam fir; swamp black 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 whichever is more logically applicable for each of 124.4them) shall must 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 paragraph is submitted to the county board, 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 must 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, 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 do 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 the 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 on the tax before the county board. The county auditor shall thereupon fix a date 124.25of hearing, which shall must 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 124.28related 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, 125.2the yield tax accruing thereon shall constitute and be yield tax constitutes and is 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 continues 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 The lien may be foreclosed and the property subject thereto to 125.9the lien 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 is exempt 125.15from the yield tax, and, as to timber so cut and used, the requirements of subdivisions 125.161 and 2 shall do not be applicable and in lieu thereof apply. The owner shall, prior to 125.17cutting, 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 the products 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 must be executed by the commissioner in behalf of the state 125.29and by the owner. Such The supplemental agreement shall must be filed and recorded in 125.30like manner as the original supplemental contract under section 88.49, subdivision 9, and 125.31shall thereupon take takes effect upon filing and recording.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 88.47 to 88.53. When the same shall 126.5cease land ceases to be an auxiliary forest, 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 is necessary in carrying out the provisions of sections 
         88.47 126.1088.49 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 
         88.47 88.49 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 
         88.47 88.49 to 
         88.53. It shall be the duty of The director to must cause periodic 126.17inspections to be made of all auxiliary forests for the purpose of determining whether
         126.18relative 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 must 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 special forest product information and education 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 $10,000 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.127.31EFFECTIVE DATE.This section is effective June 1, 2015, and applies to permits 127.32sold on or after that date.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  128.7five percent may be charged for the period of extension.128.8EFFECTIVE DATE.This section is effective the day following final enactment.128.9    Sec. 63. [92.83] CONDEMNATION OF SCHOOL TRUST LAND.128.10    Subdivision 1.Purpose.The purpose of this section is to extinguish the school trust 128.11interest in school trust lands where long-term economic return is prohibited by designation
         128.12or policy while producing economic benefits for Minnesota's public schools. For the
         128.13purposes of satisfying the Minnesota Constitution, article XI, section 8, which limits
         the 128.14sale of school trust lands to a public sale, the commissioner of natural resources
         shall 128.15acquire school trust lands through condemnation, as provided in subdivision 2.128.16    Subd. 2.Commencement of condemnation proceedings.When the commissioner 128.17of natural resources has determined sufficient money is available to acquire any of
         the 128.18lands identified under section 84.027, subdivision 18, paragraph (c), the commissioner
         128.19shall proceed to extinguish the school trust interest by condemnation action. When
         128.20requested by the commissioner, the attorney general shall commence condemnation of
         128.21the identified school trust lands.128.22    Subd. 3.Payment.The portion of the payment of the award and judgment that 128.23is for the value of the land shall be deposited into the permanent school fund. The
         128.24remainder of the award and judgment payment shall first be remitted for reimbursement
         128.25to the accounts from which expenses were paid, with any remainder deposited into the
         128.26permanent school fund.128.27    Subd. 4.Account.The school trust lands account is created in the state treasury. 128.28Money credited to the account is appropriated to the commissioner of natural resources
         128.29for the purposes of this section.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) Except as provided under paragraph (d), parcels remaining unsold after the 129.10offering may be sold to anyone agreeing to pay at least 75 percent of 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(d) The commissioner may retain the services of a licensed real estate broker to find
         129.14a buyer for parcels remaining unsold after the offering. The sale price may be negotiated
         129.15by the broker, but must not be less than 90 percent of the appraised value as determined
         by 129.16the commissioner. The broker's fee must be established by prior agreement between
         the 129.17commissioner and the broker and must not exceed ten percent of the sale price for
         sales of 129.18$10,000 or more. The broker's fee must be paid to the broker from the proceeds of
         the sale.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, real estate broker fee, and other 129.22expenses incurred by the commissioner of natural resources in rendering the property
         129.23salable and sold 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 paragraphs (b) and (c), the remainder of the proceeds from the sale of lands 129.29classified as a unit of the outdoor recreation system under section 86A.05 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(c) The remainder of the proceeds from the sale of land not within a unit of the 130.4outdoor recreation system under section 86A.05 and not an administrative site, but
         under 130.5the control and supervision of the commissioner of natural resources, shall be credited
         to 130.6the school trust lands account established under section 92.83.130.7    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; and130.18    (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 2020.131.11EFFECTIVE DATE.This section is effective the day following final enactment.131.12    Sec. 68. Minnesota Statutes 2014, section 97B.668, is amended to read:131.1397B.668 CANADA GEESE GAME BIRDS 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 game birds that are causing 131.17property damage from March 11 to August 31 or to protect a disease risk at any time or 131.18place that a hunting season for the game birds is not open. This section does not apply to 131.19public waters as defined under section 
         103G.005, subdivision 15, or. This section does not 131.20apply to migratory waterfowl on nests and other federally protected game birds on
         nests, 131.21except ducks and geese on nests unless when 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    Subd. 2a.Aquatic invasive species affirmation.(a) A nonresident license to 131.25take fish issued under section 97A.475, subdivision 7, includes aquatic invasive species
         131.26affirmation as provided in section 84D.106.131.27(b) The aquatic invasive species affirmation portion of the license must be displayed
         131.28with the signed nonresident license to take fish issued under section 97A.475, subdivision
         131.297. The aquatic invasive species affirmation will be provided at the time of purchase
         of a 131.30new or duplicate nonresident license.131.31(c) If a license is purchased online, the aquatic invasive species affirmation may
         be 131.32completed electronically as part of the online sales process, and the electronic record
         of 131.33the license sale is sufficient for documenting the affirmation.132.1(d) Failure to complete the aquatic invasive species affirmation in this subdivision
         is 132.2subject to the penalty prescribed in section 84D.13, subdivision 5.132.3EFFECTIVE DATE.This section is effective March 1, 2016.132.4    Sec. 70. Minnesota Statutes 2014, section 103B.101, is amended by adding a 132.5subdivision to read:132.6    Subd. 12a.Authority to issue penalty orders.(a) A county or watershed district 132.7with jurisdiction or the Board of Water and Soil Resources may issue an order requiring
         132.8violations of the water resources riparian protection requirements under sections
         103F.48, 132.9103F.415, and 103F.421, to be corrected and administratively assessing monetary 132.10penalties up to $500 for noncompliance commencing on day one of the 11th month 132.11after the noncompliance notice was issued. One-half of the proceeds collected from
         an 132.12administrative penalty order issued under this section must be remitted to the county
         or 132.13watershed district with jurisdiction over the noncompliant site.132.14(b) Administrative penalties may be reissued and appealed under paragraph (a) 132.15according to section 103F.48, subdivision 9.132.16    Sec. 71. Minnesota Statutes 2014, section 103B.101, is amended by adding a 132.17subdivision to read:132.18    Subd. 16.Wetland stakeholder coordination.The board shall work with 132.19wetland stakeholders to foster mutual understanding and provide recommendations for
         132.20improvements to the management of wetlands and related land and water resources, 132.21including recommendations for updating the Wetland Conservation Act, developing 132.22an in-lieu fee program as defined in section 103G.005, subdivision 10g, and related
         132.23provisions. The board may convene informal working groups or work teams to provide
         132.24information and education and to develop recommendations.132.25    Sec. 72. [103B.103] EASEMENT STEWARDSHIP ACCOUNTS.132.26    Subdivision 1.Accounts established; sources.(a) The water and soil conservation 132.27easement stewardship account and the mitigation easement stewardship account are 132.28created in the special revenue fund. The accounts consist of money credited to the
         132.29accounts and interest and other earnings on money in the accounts. The State Board
         of 132.30Investment must manage the accounts to maximize long-term gain.132.31(b) Revenue from contributions and money appropriated for any purposes of the 132.32account as described in subdivision 2 must be deposited in the water and soil conservation
         132.33easement stewardship account. Revenue from contributions, wetland banking fees 133.1designated for stewardship purposes by the board, easement stewardship payments 133.2authorized under subdivision 3, and money appropriated for any purposes of the account
         133.3as described in subdivision 2 must be deposited in the mitigation easement stewardship
         133.4account.133.5    Subd. 2.Appropriation; purposes of accounts.Five percent of the balance on 133.6July 1 each year in the water and soil conservation easement stewardship account and
         133.7five percent of the balance on July 1 each year in the mitigation easement stewardship
         133.8account are annually appropriated to the board and may be spent only to cover the
         costs 133.9of managing easements held by the board, including costs associated with monitoring,
         133.10landowner contacts, records storage and management, processing landowner notices,
         133.11requests for approval or amendments, enforcement, and legal services associated with
         133.12easement management activities.133.13    Subd. 3.Financial contributions.The board shall seek a financial contribution 133.14to the water and soil conservation easement stewardship account for each conservation
         133.15easement acquired by the board. The board shall seek a financial contribution or assess
         an 133.16easement stewardship payment to the mitigation easement stewardship account for each
         133.17wetland banking easement acquired by the board. Unless otherwise provided by law,
         133.18the board shall determine the amount of the contribution or payment, which must be
         an 133.19amount calculated to earn sufficient money to meet the costs of managing the easement
         at 133.20a level that neither significantly overrecovers nor underrecovers the costs. In determining
         133.21the amount of the financial contribution, the board shall consider:133.22(1) the estimated annual staff hours needed to manage the conservation easement, 133.23taking into consideration factors such as easement type, size, location, and complexity;133.24(2) the average hourly wages for the class or classes of state and local employees
         133.25expected to manage the easement;133.26(3) the estimated annual travel expenses to manage the easement;133.27(4) the estimated annual miscellaneous costs to manage the easement, including 133.28supplies and equipment, information technology support, and aerial flyovers;133.29(5) the estimated annualized costs of legal services, including the cost to enforce
         the 133.30easement in the event of a violation; and 133.31(6) the expected rate of return on investments in the account.133.32EFFECTIVE DATE.Subdivisions 1 and 2 of this section are effective the day 133.33following final enactment. Subdivision 3 of this section is effective for conservation
         133.34easements acquired with money appropriated on or after July 1, 2015, and for acquisitions
         133.35of conservation easements by gift or as a condition of approval for wetland mitigation
         as 133.36provided in Minnesota Rules, chapter 8420, that are initiated on or after July 1,
         2015.134.1    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; and134.19(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; and134.23(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 must identify regions 134.35areas 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 must identify high priority wetland regions areas for wetland 135.2replacement using available information relating to the factors listed in paragraph 135.3(a), the historic loss and abundance of wetlands, current applicable state and local
         135.4government water management and natural resource plans, and studies using a watershed
         135.5approach to identify current and future watershed needs. The board shall notify local 135.6units of government with water planning authority of these high priority regions areas. 135.7Designation of high priority areas is exempt from the rulemaking requirements of chapter
         135.814, and section 14.386 does not apply. Designation of high priority areas is not effective
         135.9until 30 days after publication in the State Register.135.10(f) Local units of government, as part of a state-approved comprehensive local 135.11water management plan as defined in section 103B.3363, subdivision 3, a state-approved
         135.12comprehensive watershed management plan as defined in section 103B.3363, subdivision
         135.133a, or a state-approved local comprehensive wetland protection and management plan
         135.14under section 103G.2243, may identify priority areas for wetland replacement and provide
         135.15them for consideration under paragraph (e).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. 135.24Property acquired for flood damage reduction purposes by the watershed district may
         be 135.25operated or leased by the district for agricultural purposes during periods the property
         is 135.26not needed for flood control, provided it remains subject to use by the watershed
         district 135.27as necessary for flood control purposes. Notwithstanding section 16A.695, revenue
         135.28received by the watershed district from the operation or lease of state bond financed
         135.29property acquired for flood control purposes shall be retained by the district in
         a separate 135.30project-specific account and used solely for flood control operation, maintenance,
         and 135.31replacement purposes within the related project area and, if the district determines
         that the 135.32account contains adequate reserves for future operation, maintenance, and replacement,
         135.33any excess may be used for the construction, operation, maintenance, or replacement
         of 135.34other flood control projects as approved by the commissioner.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 complaint is substantiated to apply for state cost-sharing funds 136.4that will provide 75 percent of the cost of the permanent conservation practices. Only 50 136.5Fifty percent of the cost share will be provided if the application is not made within
         90 136.6days after the settlement is filed, unless the soil and water conservation district or the 136.7board provides an extension. An extension must be granted if funds are not available. 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    Subd. 6.Application of state and federal law.Nothing in this section is intended 136.13to preclude the application of other applicable state or federal law.136.14    Sec. 77. [103F.48] RIPARIAN PROTECTION AND WATER QUALITY 136.15PRACTICES.136.16    Subdivision 1.Definitions.(a) For the purposes of this section, the following terms 136.17have the meanings given them.136.18(b) "Board" means the Board of Water and Soil Resources.136.19(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive
         136.20plants and noxious weeds, adjacent to all bodies of water within the state and that
         protects 136.21the water resources of the state from runoff pollution; stabilizes soils, shores,
         and banks; 136.22and protects or provides riparian corridors.136.23(d) "Buffer protection map" means buffer maps established and maintained by the 136.24commissioner of natural resources.136.25(e) "Commissioner" means the commissioner of natural resources.136.26(f) "Executive director" means the executive director of the Board of Water and 136.27Soil Resources.136.28(g) "Local water management authority" means a watershed district, metropolitan 136.29water management organization, or county operating separately or jointly in its role
         as 136.30local water management authority under chapter 103B or 103D.136.31(h) "Normal water level" means the level evidenced by the long-term presence of 136.32surface water as indicated directly by hydrophytic plants or hydric soils or indirectly
         136.33determined via hydrological models or analysis.136.34(i) "Public waters" has the meaning given in section 103G.005, subdivision 15.137.1    Subd. 2.Purpose.It is the policy of the state to establish riparian buffers and 137.2water quality practices to:137.3(1) protect state water resources from erosion and runoff pollution;137.4(2) stabilize soils, shores, and banks; and137.5(3) protect or provide riparian corridors.137.6    Subd. 3.Water resources riparian protection requirements on public waters 137.7and public drainage systems.(a) Except as provided in paragraph (b), landowners 137.8owning property adjacent to a water body identified and mapped on a buffer protection
         137.9map must maintain a buffer to protect the state's water resources as follows:137.10(1) for all public waters, the more restrictive of:137.11(i) a 50-foot average width, 30-foot minimum width, continuous buffer of 137.12perennially rooted vegetation; or137.13(ii) the state shoreland standards and criteria adopted by the commissioner under
         137.14section 103F.211; and137.15(2) for public drainage systems established under chapter 103E, a 16.5-foot 137.16minimum width continuous buffer of perennially rooted vegetation on ditches within
         the 137.17benefited area of public drainage systems.137.18(b) A landowner owning property adjacent to a water body identified in a buffer 137.19protection map and whose property is used for cultivation farming may meet the 137.20requirements under paragraph (a) by adopting an alternative riparian water quality
         137.21practice, or combination of structural, vegetative, and management practices, based
         on the 137.22Natural Resources Conservation Service Field Office Technical Guide or other practices
         137.23approved by the board, that provide water quality protection comparable to the buffer
         137.24protection for the water body that the property abuts.137.25(c) The width of a buffer must be measured from the top or crown of the bank. Where
         137.26there is no defined bank, measurement must be from the edge of the normal water level.137.27(d) Upon request by a landowner or authorized agent or operator of a landowner, 137.28a technical professional employee or contractor of the soil and water conservation
         137.29district or its delegate may issue a validation of compliance with the requirements
         of 137.30this subdivision. The soil and water conservation district validation may be appealed
         to 137.31the board as described in subdivision 9.137.32(e) Buffers or alternative water quality practices required under paragraph (a) or
         137.33(b) must be in place on or before:137.34(1) November 1, 2017, for public waters; and137.35(2) November 1, 2018, for public drainage systems.138.1    Subd. 4.Local water resources riparian protection.On or before July 1, 2017, 138.2the soil and water conservation district shall develop, adopt, and submit to each
         local 138.3water management authority within its boundary a summary of watercourses for inclusion
         138.4in the local water management authority's plan. A local water management authority
         that 138.5receives a summary of watercourses identified under this subdivision must revise its
         138.6comprehensive local water management plan or comprehensive watershed management 138.7plan to incorporate the soil and water conservation district recommendations.138.8    Subd. 5.Exemptions.Land adjacent to waters subject to subdivision 3 is exempt 138.9from the water resource protection requirements under subdivision 3, to the extent
         these 138.10exemptions are not inconsistent with the requirements of the state shoreland rules
         adopted 138.11by the commissioner pursuant to section 103F.211, if it is:138.12(1) enrolled in the federal Conservation Reserve Program;138.13(2) used as a public or private water access or recreational use area including 138.14stairways, landings, picnic areas, access paths, beach and watercraft access areas,
         and 138.15permitted water-oriented structures as provided in the shoreland model standards and
         138.16criteria adopted pursuant to section 103F.211 or as provided for in an approved local
         138.17government shoreland ordinance;138.18(3) covered by a road, trail, building, or other structures; or138.19(4) regulated by a national pollutant discharge elimination system/state disposal
         138.20system (NPDES/SDS) permit under Minnesota Rules, chapter 7090, and provides water
         138.21resources riparian protection, in any of the following categories:138.22(i) municipal separate storm sewer system (MS4);138.23(ii) construction storm water (CSW); or138.24(iii) industrial storm water (ISW);138.25(5) part of a water-inundation cropping system; or138.26(6) in a temporary nonvegetated condition due to drainage tile installation and 138.27maintenance, alfalfa or other perennial crop or plant seeding, or construction or
         138.28conservation projects authorized by a federal, state, or local government unit.138.29    Subd. 6.Local implementation and assistance.(a) Soil and water conservation 138.30districts must assist landowners with implementation of the water resource riparian
         138.31protection requirements established in this section. For the purposes of this subdivision,
         138.32assistance includes planning, technical assistance, implementation of approved alternative
         138.33practices, and tracking progress towards compliance with the requirements.138.34(b) The commissioner or the board must provide sufficient funding to soil and water
         138.35conservation districts to implement this section.139.1    Subd. 7.Corrective actions.(a) If the soil and water conservation district 139.2determines a landowner is not in compliance with this section, the district must notify
         the 139.3county or watershed district with jurisdiction over the noncompliant site. The county
         or 139.4watershed district must provide the landowner with a list of corrective actions needed
         to 139.5come into compliance and a practical timeline to meet the requirements in this section.
         139.6The county or watershed district with jurisdiction must provide a copy of the corrective
         139.7action notice to the board.139.8(b) If the landowner does not comply with the list of actions and timeline provided,
         139.9the county or watershed district may enforce this section under the authority granted
         in 139.10section 103B.101, subdivision 12a. Before exercising this authority, a county or watershed
         139.11district must adopt a plan containing procedures for the issuance of administrative
         penalty 139.12orders and may issue orders beginning November 1, 2017. If a county or watershed 139.13district with jurisdiction over the noncompliant site has not adopted a plan under
         this 139.14paragraph, the board may enforce this section under the authority granted in section
         139.15103B.101, subdivision 12a.139.16(c) If the county, watershed district, or board determines that sufficient steps have
         139.17been taken to fully resolve noncompliance, all or part of the penalty may be forgiven.139.18(d) An order issued under paragraph (b) may be appealed to the board as provided 139.19under subdivision 9.139.20(e) A corrective action is not required for conditions resulting from a flood or other
         139.21act of nature.139.22(f) A landowner agent or operator of a landowner may not remove or willfully degrade
         139.23a riparian buffer or water quality practice, wholly or partially, unless the agent
         or operator 139.24has obtained a signed statement from the property owner stating that the permission
         for the 139.25work has been granted by the unit of government authorized to approve the work in
         this 139.26section or that a buffer or water quality practice is not required as validated by
         the soil and 139.27water conservation district. Removal or willful degradation of a riparian buffer or
         water 139.28quality practice, wholly or partially, by an agent or operator is a separate and independent
         139.29offense and may be subject to the corrective actions and penalties in this subdivision.139.30    Subd. 8.Funding subject to withholding.The state may withhold funding from a 139.31local water management authority or a soil and water conservation district that fails
         to 139.32implement this section. Funding subject to withholding includes soil and water program
         139.33aid, a natural resources block grant, and other project or program funding. Funding
         may 139.34be restored upon the board's approval of a corrective action plan.139.35    Subd. 9.Appeals of validations and penalty orders.A landowner or agent or 139.36operator may appeal the terms and conditions of a soil and water conservation district
         140.1validation or an administrative penalty order to the board within 30 days of receipt
         of 140.2written or electronic notice of the validation or order. The request for appeal must
         be in 140.3writing. The appealing party must provide a copy of the validation or order that is
         being 140.4appealed, the basis for the appeal, and any supporting evidence. The request for appeal
         140.5may be submitted personally, by first class mail, or electronically to the executive
         director. 140.6If a written or electronic request for appeal is not submitted within 30 days, the
         validation 140.7or order is final. The executive director shall review the request and supporting
         evidence 140.8and issue a decision within 60 days of receipt of an appeal. The executive director's
         140.9decision is appealable directly to the Court of Appeals pursuant to sections 14.63
         to 14.69.140.10    Subd. 10.Landowner financial assistance and public drainage system procedure.140.11(a) A landowner or drainage authority may contact the soil and water conservation
         district 140.12for information on how to apply for local, state, or federal cost-share grants, contracts,
         or 140.13loans that are available to establish buffers or other water resource protection measures.140.14(b) The provisions of sections 103E.011, subdivision 5; 103E.021, subdivision 6; 140.15and 103E.715 may be used in advance or retroactively to acquire or provide compensation
         140.16for all or part of the buffer strip establishment or alternative riparian water quality
         140.17practices as required under subdivision 3, paragraph (a), within the benefited area
         of a 140.18public drainage system. Implementation of this subdivision is not subject to limitation
         of 140.19project costs to the current benefits adopted for the drainage system.140.20    Subd. 11.State lands.This section applies to the state and its departments and 140.21agencies.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    Subd. 10g.In-lieu fee program."In-lieu fee program" means a program in which 141.15wetland replacement requirements of section 103G.222 are satisfied through payment
         of 141.16money to the board or a board-approved sponsor to develop replacement credits according
         141.17to section 103G.2242, subdivision 12.141.18    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 actions that provide 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; and142.12    (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 for 143.11wetland replacement according to 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 wetland replacement.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; and144.7    (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; and145.18    (4) in another wetland bank service area; and.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(b) Notwithstanding paragraph (a), wetland banking credits approved according to 145.29a complete wetland banking application submitted to a local government unit by April
         145.301, 1996, may be used to replace wetland impacts resulting from public transportation
         145.31projects statewide.145.32    (c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for 145.33replacement by wetland banking begins at paragraph (a), clause (3), according to rules
         145.34adopted under section 103G.2242, subdivision 1.146.1    (c) (d) 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) (e) 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; and146.12    (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    (g) The board must establish wetland replacement ratios and wetland bank service 146.23area priorities to implement the siting and targeting of wetland replacement and encourage
         146.24the use of high priority areas for wetland replacement.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; and may address the state establishment and administration 146.32of a wetland banking program for public and private projects, which may include including 146.33provisions allowing monetary payment to the wetland banking program for alteration of 146.34wetlands on agricultural land for an in-lieu fee program; 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. Any in-lieu fee program established by the board 147.4must conform with Code of Federal Regulations, title 33, section 332.8, as amended.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 sequencing, 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(c) The board must establish an interagency team to assist in identifying and 148.2evaluating potential wetland replacement sites. The team must consist of members 148.3of the Technical Evaluation Panel and representatives from the Department of Natural
         148.4Resources; the Pollution Control Agency; the United States Army Corps of Engineers,
         St. 148.5Paul district; and other organizations as determined by the board.148.6    Sec. 84. Minnesota Statutes 2014, section 103G.2242, subdivision 3, is amended to 148.7read:148.8    Subd. 3. Replacement completion.(a) Replacement of wetland values must be 148.9completed prior to or concurrent with the actual draining or filling of a wetland,
         unless:148.10(1) an irrevocable bank letter of credit or other security financial assurance 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.; or148.13(2) the replacement is approved under an in-lieu fee program according to rules 148.14adopted under subdivision 1. In the case of an in-lieu fee program established by
         a 148.15board-approved sponsor, the board may require that a financial assurance in an amount
         148.16and method acceptable to the board be given to the board to ensure the approved sponsor
         148.17fulfills the sponsor's obligation to complete the required wetland replacement. 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.(b) The board may acquire land in fee title, purchase or accept 148.22easements, enter into agreements, and purchase existing wetland replacement credits
         to 148.23facilitate the wetland banking program. The board may establish in-lieu fee payment
         148.24amounts and hold money in an account in the special revenue fund, which is appropriated
         148.25to the board to be used solely for establishing replacement wetlands and administering
         the 148.26wetland banking program. 148.27(c) 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 sequencing 149.1applications, and exemption or no-loss determination requests must act on all replacement
         149.2plan applications, banking plan sequencing 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 or the board, 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; and149.26    (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.; and149.32    (5) in a greater than 80 percent area, restoration and protection of streams and 149.33riparian buffers that are important to the functions and sustainability of aquatic
         resources.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; and150.12    (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    (d) The board may assess a fee to pay the costs associated with establishing 150.20conservation easements, or other long-term protection mechanisms prescribed in the
         rules 150.21adopted under subdivision 1, on property used for wetland replacement.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, riparian buffers, and 150.26watershed areas essential to maintaining important functions and sustainability of
         aquatic 150.27resources in the watershed that are 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; or151.6(2) a drainage project for a drainage system established under chapter 103E that does
         151.7not substantially affect public waters.; or151.8(3) culvert restoration or replacement of the same size and elevation, if the 151.9restoration or replacement does not impact a designated trout stream.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 April 1 and October 151.141, or, for agricultural land with a crop, until November 15, 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. The commissioner may issue a 151.24permit for a system in existence prior to January 1, 2015, for up to 5,000,000 gallons
         151.25annually. 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 groundwater thermal exchange devices 151.30or 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. The commissioner may waive 152.8payment of fees for past unpermitted appropriations for a residential system permitted
         152.9under subdivision 5, paragraph (b).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) (4) 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; and152.34(6) (5) 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. [103G.289] WELL INTERFERENCE; WELL SEALING.153.13The commissioner shall not validate a well interference claim if the affected well
         has 153.14been sealed prior to the completion of the commissioner's investigation of the complaint.
         153.15If the well is sealed prior to completion of the investigation, the commissioner must
         153.16dismiss the complaint.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 473.1565, 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 4.154.12EFFECTIVE DATE.This section is effective the day following final enactment.154.13    Sec. 96. Minnesota Statutes 2014, section 103G.301, subdivision 5a, is amended to read:154.14    Subd. 5a. Town fees limited exemption. Notwithstanding this section or any 154.15other law, no permit application, general permit notification, or field inspection
         fee shall 154.16be 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. [114C.40] VOLUNTARY SELF REPORTING OF VIOLATIONS.154.19    Subdivision 1.Definitions.(a) For the purposes of this section, the following terms 154.20have the meaning given.154.21(b) "Commissioner" means the commissioner of the Pollution Control Agency.154.22(c) "Environmental requirement" means a requirement in a law administered by the 154.23agency, a rule adopted by the agency, a permit or order issued by the agency, an agreement
         154.24entered into with the agency, or a court order issued pursuant to any of the foregoing.154.25(d) "Regulated entity" means a public or private organization that is subject to 154.26environmental requirements.154.27    Subd. 2.Enforcement delay.The commissioner must defer for at least 90 days 154.28enforcement of an environmental requirement against a regulated entity if:154.29(1) violation of the environmental requirement was first identified by the regulated
         154.30entity or an employee of or person contracted by the regulated entity;154.31(2) the regulated entity notified the commissioner of the violation within two 154.32business days of it coming to the regulated entity's attention;154.33(3) the regulated entity has not been subject to an enforcement action within the
         past 154.34two years from the date of the notification under clause (2); and155.1(4) the regulated entity has committed, in writing, to correct the violation as 155.2expeditiously as possible under the circumstances.155.3    Subd. 3.Penalties waived.The commissioner must not impose or bring an action 155.4for any administrative, civil, or criminal penalties against a regulated entity if,
         after the 155.590-day delay provided under subdivision 2, the regulated entity has corrected the
         violation 155.6or has a schedule to correct the violation approved by the commissioner.155.7    Subd. 4.Exceptions.Notwithstanding subdivisions 2 and 3, the commissioner 155.8may, at any time, bring:155.9(1) a criminal enforcement action against any person who commits a violation 155.10under section 609.671;155.11(2) a civil or administrative enforcement action, which may include a penalty, under
         155.12section 115.071 or 116.072, against the regulated entity if:155.13(i) a violation caused serious harm to, or presents an imminent and substantial 155.14endangerment to, human health or the environment;155.15(ii) a violation is of the specific terms of an administrative order, a judicial order
         or 155.16consent decree, a stipulation agreement, or a schedule of compliance;155.17(iii) a violation has resulted in a substantial economic benefit which gives the 155.18regulated entity a clear advantage over its business competitors; or155.19(iv) a violation is identified through a legally mandated monitoring or sampling 155.20requirement prescribed by statute, regulation, permit, judicial or administrative
         order, 155.21or consent agreement; or155.22(3) an enforcement action against a regulated entity to enjoin an imminent and 155.23substantial danger under section 116.11.155.24    Subd. 5.Reporting required by law.Nothing in this section alters the obligation of 155.25any regulated entity to report releases, violations, or other matters that are required
         to be 155.26reported by state or federal law, rule, permit, or enforcement action.155.27    Sec. 98. [115.035] INDEPENDENT PEER REVIEW OF WATER QUALITY 155.28STANDARDS.155.29(a) For the purposes of this section, "independent peer review" means a peer review
         155.30conducted by an expert or experts in an area related to the work being reviewed who
         was 155.31not directly or indirectly involved with the work conducted or contracted by the agency
         155.32and who is not currently employed by the agency.155.33(b) The commissioner of the Pollution Control Agency shall ensure that any 155.34proposed change to a water quality standard under this chapter or chapter 116 is subject
         to 155.35an independent peer review when:156.1(1) the estimated financial impact to affected permittees is $50,000,000 or more,
         in 156.2total, within the first five years of implementation;156.3(2) the change supports or proposes a significant new precedent, model, or 156.4methodology; or156.5(3) the change addresses a significant controversial issue.156.6(c) The commissioner must provide notice and take public comment on the charge 156.7questions for independent peer review and must allow written and oral public comment
         as 156.8part of the independent peer review process and the peer review report. Documentation
         of 156.9compliance with the notice and comment requirements and the peer review report must
         156.10be included in the statement of need and reasonableness.156.11(d) The commissioner shall ensure that peer review is conducted in accordance 156.12with the guidance contained in the United States Environmental Protection Agency's
         156.13Peer Review Handbook.156.14    Sec. 99. Minnesota Statutes 2014, section 115.44, is amended by adding a subdivision 156.15to read:156.16    Subd. 9.Annual report.(a) By January 15 each year, the commissioner shall 156.17post on the Pollution Control Agency's Web site a report on the agency's activities
         156.18the previous calendar year to implement standards and classification requirements
         into 156.19national pollutant discharge elimination system and state disposal system permits
         held by 156.20municipalities. The report must include:156.21(1) a summary of permits issued or reissued over the previous calendar year, 156.22including any changes to permitted effluent limits due to water quality standards
         adopted 156.23or revised during the previous permit term;156.24(2) highlights of innovative approaches employed by the agency and municipalities
         156.25to develop and achieve permit requirements in a cost-effective manner;156.26(3) a summary of standards development and water quality rulemaking activities 156.27over the previous calendar year, including economic analyses;156.28(4) a summary of standards development and water quality rulemaking activities 156.29anticipated for the next three years, including economic analyses;156.30(5) a process and timeframe for municipalities to provide input to the agency 156.31regarding their needs based on the information provided in the report; and156.32(6) a list of anticipated permitting initiatives in the next calendar year that may
         156.33impact municipalities and the agency's plan for involving the municipalities throughout
         156.34the planning and decision making process. The plan must include opportunities for
         input 156.35and public comment from municipalities on rulemaking initiatives prior to preparation
         of 157.1a statement of need and reasonableness required under section 14.131. The commissioner
         157.2must ensure the agency's plan under this clause is implemented.157.3(b) For the purposes of this section, "economic analyses" must include assessments
         157.4of the potential costs to regulated municipalities associated with water quality standards
         157.5or rules proposed by the agency.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; or157.16    (2) in areas without compliant ordinances described in clause (1), the subsurface
         157.17sewage treatment system rules.157.18(d) "Building sewer connected to a subsurface sewage treatment system" means the 157.19pipe that connects a structure to a subsurface sewage treatment system. Building sewers
         157.20connected to subsurface sewage treatment systems are codefined as both plumbing and
         157.21subsurface sewage treatment system components.157.22    (d) (e) "City" means a statutory or home rule charter city.157.23    (e) (f) "Commissioner" means the commissioner of the Pollution Control Agency.157.24    (f) (g) "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) (h) "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. Subsurface sewage treatment system includes a building sewer connected 157.30to a subsurface sewage treatment system.157.31    (h) (i) "Subsurface sewage treatment system professional" means an inspector, 157.32installer, designer, service provider, or maintainer.157.33    (i) (j) "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) (k) "Inspector" means a person who inspects subsurface sewage treatment 158.2systems for compliance with the applicable requirements.158.3    (k) (l) "Installer" means a person who constructs or repairs subsurface sewage 158.4treatment systems.158.5    (l) (m) "Local unit of government" means a township, city, or county.158.6    (m) (n) "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) (o) "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) (p) "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) (q) "Septic system tank" means any covered receptacle designed, constructed, 158.17and installed as part of a subsurface sewage treatment system.158.18    (q) (r) "Designer" means a person who:158.19    (1) investigates soils and site characteristics to determine suitability, limitations,
         and 158.20sizing requirements; and158.21    (2) designs subsurface sewage treatment systems.158.22    (r) (s) "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; or159.11    (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 $25,000, 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 satisfies the requirements and references 159.25identified in 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, and sole source food waste streams that are managed through 160.5biodegradative processes. 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 rejects do not exceed 15 percent by weight of the 160.21total material delivered to the facility; and160.22    (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; and161.12    (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(f) For the ninth program year, the agency shall publish a statewide recycling goal
         of 161.3316,000,000 pounds.161.34(g) For the ninth program year, the agency shall determine each registered 161.35manufacturer's market share of video display devices to be collected and recycled
         based 161.36on the manufacturer's percentage share of the total weight of video display devices
         sold 162.1as reported to the department for the eighth program year as reported to the agency
         by 162.2July 15, 2015. By July 30, 2015, the agency shall provide each manufacturer with a
         162.3determination of its share of video display devices to be collected and recycled,
         which 162.4is the quotient of the total weight of the manufacturer's video display devices sold
         to 162.5households in the eighth program year, divided by the total weight of all manufacturers'
         162.6video display devices sold to households in this state based on reporting to the agency
         for 162.7the eighth program year, then applied proportionally to the statewide recycling goal
         of 162.816,000,000 pounds as specified in paragraph (f). 162.9(h) If a manufacturer's obligation for the recycling of video display devices as 162.10determined in paragraph (b), clauses (1) and (2), by weight is higher than the obligation
         162.11determined by the agency in paragraph (g), then the higher number is the obligation
         for 162.12program year nine. 162.13(i) For the ninth program year, a manufacturer that did not report sales data to the
         162.14department for the eighth or ninth program years shall be subject to a recycling obligation
         162.15that is equal to 80 percent by weight of the manufacturer's video display devices
         sold 162.16to households.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, 2015, 2016, and 2017, 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; and163.11(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(c) Any quantified recyclable materials that meet the definition in subdivision 1,
         163.17paragraph (a), or section 115A.03, subdivision 25a, are eligible to be counted toward
         a 163.18county's recycling goal under this subdivision.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; and164.1(9) compost source-separated compostable materials, including the provision of 164.2receptacles for residential composting.;164.3(10) prevent food waste or collect and transport food donated to humans or to be 164.4fed to animals; and 164.5(11) process source-separated compostable materials that are to be used to produce
         164.6Class I or Class II compost, as defined in Minnesota Rules, part 7035.2836, after
         being 164.7processed in an anaerobic digester, but not to construct buildings or acquire equipment.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 clauses (9) to (11); and (2) the remainder must be expended on 164.13activities in paragraph (a), clauses (1) to (7) and (9) to (11) that advance the county toward 164.14achieving its recycling goal under section 
         115A.551.164.15EFFECTIVE DATE.This section is effective the day following final enactment.164.16    Sec. 108. [115A.565] RECYCLING COMPETITIVE GRANT PROGRAM.164.17    Subdivision 1.Grant program established.The commissioner shall make 164.18competitive grants to political subdivisions to establish curbside recycling or composting,
         164.19increase recycling or composting, reduce the amount of recyclable materials entering
         164.20disposal facilities, or reduce the costs associated with hauling waste by locating
         collection 164.21sites as close as possible to the site where the waste is generated. To be eligible
         for grants 164.22under this section, a political subdivision must be located outside the seven-county
         164.23metropolitan area and a city must have a population of less than 45,000.164.24    Subd. 2.Application.(a) The commissioner must develop forms and procedures 164.25for soliciting and reviewing applications for grants under this section.164.26(b) The determination of whether to make a grant under this section is within the
         164.27discretion of the commissioner, subject to subdivision 4. The commissioner's decisions
         164.28are not subject to judicial review, except for abuse of discretion.164.29    Subd. 3.Priorities; eligible projects.(a) If applications for grants exceed the 164.30available appropriations, grants must be made for projects that, in the commissioner's
         164.31judgment, provide the highest return in public benefits.164.32(b) To be eligible to receive a grant, a project must:164.33(1) be locally administered;164.34(2) have an educational component and measurable outcomes;164.35(3) request $250,000 or less;165.1(4) demonstrate local direct and indirect matching support of at least a quarter 165.2amount of the grant request; and165.3(5) include at least one of the following elements:165.4(i) transition to residential recycling through curbside or centrally located collection
         165.5sites; 165.6(ii) development of local recycling systems to support curbside recycling; or165.7(iii) development or expansion of local recycling systems to support recycling bulk
         165.8materials, including, but not limited to, electronic waste.165.9    Subd. 4.Cancellation of grant.If a grant is awarded under this section and 165.10funds are not encumbered for the grant within four years after the award date, the
         grant 165.11must be canceled.165.12    Sec. 109. Minnesota Statutes 2014, section 115A.93, subdivision 1, is amended to read:165.13    Subdivision 1. License and registration required; reporting.(a) 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. The local licensing entity shall submit 165.16a list of licensed collectors to the agency.165.17(b) A person may not collect recyclable materials for hire unless registered with
         the 165.18agency. If a person is licensed under paragraph (a), the person need not register
         with 165.19the agency under this paragraph.165.20(c) The agency, in consultation with the Solid Waste Management Coordinating 165.21Board, the Association of Minnesota Counties, the Minnesota Solid Waste Administrators
         165.22Association, and representatives from the waste industry shall, by July 1, 2016, develop
         165.23uniform short and long reporting forms that will reduce duplicative reporting to 165.24governmental units by collectors of solid waste and recyclable materials.165.25(d) A collector of mixed municipal solid waste or recyclable materials shall separately
         165.26report to the agency on an annual basis information including, but not limited to,
         the 165.27quantity of mixed municipal solid waste and the quantity of recyclable materials collected:165.28(1) from commercial customers;165.29(2) from residential customers;165.30(3) by county of origin; and165.31(4) by destination of the material.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(2) the reasonable cost to install a mitigation system for the claimant's principal
         166.11residence, not to exceed the amount actually expended by the claimant, if the agency
         has 166.12recommended such installation to protect human health due to soil vapor intrusion
         into 166.13the residence from releases of harmful substances. Reimbursement of eligible claims
         166.14shall not exceed $25,000;166.15(2) (3) 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; and166.19(3) (4) 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) (4), 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; and166.29(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    Subd. 9.Owner or operator."Owner or operator" means a person who:167.4(1) owns or has owned a dry cleaning facility; or167.5(2) owns or owned real property on which a dry cleaning facility operates or operated.167.6EFFECTIVE DATE.This section is effective only upon enactment of a transfer 167.7of $743,000 in fiscal year 2016 from the general account in the remediation fund to
         the 167.8dry cleaner environmental response and reimbursement account for reimbursement 167.9of remediation costs by persons other than responsible parties, as specified in article
         3, 167.10section 2, subdivision 4.167.11    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 commissioner of the 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 116.02.168.5    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
         ; and168.21(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 permita notification, 169.3permit, or license requirement under subchapter this chapter, subchapters I and V of 169.4the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or section 169.5116.081 or rules adopted thereunder. The annual fee shall be used to pay for all direct 169.6and indirect reasonable costs, including attorney general legal costs, required to develop 169.7and administer the notification, permit, or license program requirements of subchapter 169.8this chapter, subchapters I and V of the federal Clean Air Act, United States Code, title 169.942, section 7401 et seq., and sections of this chapter and theor rules adopted under 169.10this chapter related to air contamination and noise thereunder. 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; and169.25(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(d) The agency may not issue a permit for a new disposal facility, as defined in 171.6section 115A.03, subdivision 10, or a permit to expand an existing disposal facility
         unless:171.7(1) all local units of government in which the facility is to be sited and exercising
         171.8their respective land use and zoning authority pursuant to chapter 366, 494, or 462
         have 171.9granted approval for and provided any required public notices of the new or expanded
         171.10facility prior to the issuance of the permit;171.11(2) all local units of government in which the facility is to be sited and exercising
         171.12their respective land use and zoning authority pursuant to chapter 366, 494, or 462
         have 171.13authorized the permit to be issued prior to or concurrent with the required approval
         by 171.14the local unit of government; or171.15(3) the new or expanded facility is part of and will be sited on land already identified
         171.16in an approved solid waste management plan as described in paragraph (a).171.17(e) The commissioners of the Pollution Control Agency and natural resources shall
         171.18apply Minnesota Rules, parts 7001.3050, subpart 3, item G, and 7035.2525, subpart
         2, 171.19item G, to solid waste facilities permitted under and in compliance with those rules
         and in 171.20compliance with Minnesota Rules, chapter 6132.171.21EFFECTIVE DATE.This section is effective the day following final enactment.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; and172.1(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; or174.1(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; and174.12(3) in associated livestock access lanes used to convey livestock to and from areas
         174.13of the pasture.174.14(r) A feedlot operator who stores and applies up to 100,000 gallons per calendar year
         174.15of private truck wash wastewater resulting from trucks that transport animals or supplies
         174.16to and from the feedlot does not require a permit to land-apply industrial by-products
         174.17if the feedlot operator stores and applies the wastewater in accordance with Pollution
         174.18Control Agency requirements for land applications of industrial by-product that do
         not 174.19require a permit.174.20(s) A feedlot operator who holds a permit from the Pollution Control Agency to 174.21land-apply industrial by-products from a private truck wash is not required to have
         a 174.22certified land applicator apply the private truck wash wastewater if the wastewater
         is 174.23applied by the feedlot operator to cropland owned or leased by the feedlot operator
         or 174.24by a commercial animal waste technician licensed by the commissioner of agriculture
         174.25under chapter 18C.174.26For purposes of this paragraph and paragraph (r), "private truck wash" means a truck
         174.27washing facility owned or leased, operated, and used only by a feedlot operator to
         wash 174.28trucks owned or leased by the feedlot operator and used to transport animals or supplies
         174.29to and from the feedlot.174.30    Sec. 119. Minnesota Statutes 2014, section 116.07, is amended by adding a subdivision 174.31to read:174.32    Subd. 13.Limitation regarding certain policies, guidelines, and other 174.33nonbinding interpretive statements. The commissioner shall not seek to implement or 174.34enforce against any entity or permittee a policy, guideline, or other nonbinding interpretive
         174.35statement that meets the definition of a rule under chapter 14 if the policy, guideline,
         or 175.1other nonbinding interpretive statement has not been adopted as a rule in accordance
         175.2with chapter 14.175.3    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 a final rule is adopted pursuant to Laws 2013, chapter 114, 175.6article 4, section 105, paragraph (d), 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; or175.13(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; and175.31(6) mitigation measures that could eliminate or minimize any adverse environmental
         175.32effects for the project.175.33EFFECTIVE DATE.This section is effective the day following final enactment.176.1    Sec. 121. Minnesota Statutes 2014, section 116D.04, is amended by adding a 176.2subdivision to read:176.3    Subd. 17.Discretionary review notification.The commissioners of natural 176.4resources and the Pollution Control Agency, when ordering the preparation of a 176.5discretionary environmental impact statement or discretionary environmental assessment
         176.6worksheet for a proposed action, must notify the proposer of the action by certified
         mail at 176.7least 21 calendar days prior to making the order.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    Subd. 4.Camper cabins and bunk houses.Camper cabins and bunk houses are 176.18exempt from floor space, air space, or bed spacing requirements applicable to lodging
         176.19establishments adopted by the commissioner. For the purposes of this section:176.20(1) "bunk house" means a building, structure, or enclosure intended to sleep more
         176.21than one person for up to three nights that does not include a kitchen or bathroom;
         and176.22(2) "camper cabin" means a permanent rustic enclosure with walls and a floor 176.23that does not include a kitchen or bath; is located in a state park administered by
         the 176.24commissioner of natural resources, at a resort as defined under section 157.15, subdivision
         176.2511, or at a recreational camping area as defined under section 327.14, subdivision
         8; and is 176.26intended to be a place where sleeping accommodations are furnished to the public.176.27    Sec. 124. Minnesota Statutes 2014, section 171.07, is amended by adding a subdivision 176.28to read:176.29    Subd. 18.All-terrain vehicle safety certificate.(a) The department shall maintain 176.30in its records information transmitted electronically from the commissioner of natural
         176.31resources identifying each person to whom the commissioner has issued an all-terrain
         176.32vehicle safety certificate. The records transmitted from the Department of Natural
         176.33Resources must contain the full name and date of birth as required for the driver's
         license 177.1or identification card. Records that are not matched to a driver's license or identification
         177.2card record may be deleted after seven years.177.3(b) After receiving information under paragraph (a) that a person has received an
         177.4all-terrain vehicle safety certificate, the department shall include, on all drivers'
         licenses 177.5or Minnesota identification cards subsequently issued to the person, a graphic or
         written 177.6indication that the person has received the certificate.177.7(c) If a person who has received an all-terrain vehicle safety certificate applies
         177.8for a driver's license or Minnesota identification card before that information has
         been 177.9transmitted to the department, the department may accept a copy of the certificate
         as proof 177.10of its issuance and shall then follow the procedures in paragraph (b).177.11EFFECTIVE DATE.This section is effective January 1, 2016, or the date the new 177.12driver and vehicle services information technology system is implemented, whichever
         177.13comes later.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 Minnesota Statutes 2014, 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 177.27infrastructure 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; or178.4(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. Notwithstanding Minnesota Rules, chapter 7077, the Pollution 178.14Control Agency may rank a drinking water infrastructure project on the agency's project
         178.15priority list if the project is necessary to meet an applicable requirement in subdivision
         1.178.16    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 infrastructure project;178.22(2) the Pollution Control Agency has approved the as-bid costs and certified the 178.23grant eligible portion of the project; and178.24(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 COMMITTEES.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 policy advisory committee established in this section, 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; and179.9    (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; and179.15    (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 Policy and Technical Advisory 179.19Committee Committees established in subdivision 2 this section.179.20    Subd. 2. Policy advisory committee. (a) A Metropolitan Area Water Supply 179.21Policy Advisory Committee is established to assist the council in its planning activities
         in 179.22subdivision 1. The policy 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, in consultation with the Association of Minnesota Counties;179.30    (6) five officials of noncounty local governmental units that are located in the 179.31metropolitan area, appointed by the governor, in consultation with the Association of 179.32Metropolitan Municipalities;179.33    (7) the chair of the Metropolitan Council or the chair's designee, who is chair of
         the 179.34advisory committee; and180.1(8) one official each from the counties of Chisago, Isanti, Sherburne, and Wright,
         180.2appointed by the governor, in consultation with the Association of Minnesota Counties 180.3and the League of Minnesota Cities; and180.4(9) a representative of the Saint Paul Regional Water Services, appointed by and 180.5serving at the pleasure of the Saint Paul Regional Water Services, and a representative
         180.6of the Minneapolis Water Department, appointed by and serving at the pleasure of the
         180.7mayor of the city of Minneapolis.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 policy advisory 180.16committee when the council is preparing its regional development framework.180.17    Subd. 2a.Technical advisory committee.A Metropolitan Area Water Supply 180.18Technical Advisory Committee is established to inform the policy advisory committee's
         180.19work by providing scientific and engineering expertise necessary to provide the region
         180.20an adequate and sustainable water supply. The technical advisory committee consists
         of 180.2115 members appointed by the policy advisory committee, with the majority of members
         180.22representing single-city and multicity public water supply systems in the metropolitan
         180.23area and including experts in:180.24(1) water resources analysis and modeling;180.25(2) hydrology; and180.26(3) the engineering, planning, design, and construction of water systems or water
         180.27systems finance.180.28Members of the technical advisory committee serve at the pleasure of the policy advisory
         180.29committee, without compensation, but may be reimbursed for their reasonable expenses
         as 180.30determined by the council.180.31    Subd. 3. Reports to legislature.(a) 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(b) By February 15, 2017, and at least every five years thereafter, the policy advisory
         180.36committee shall report to the council, the Legislative Water Commission, and the chairs
         181.1and ranking minority members of the house of representatives and senate committees
         and 181.2divisions with jurisdiction over environment and natural resources with the information
         181.3required under this section. The policy advisory committee's report and recommendations
         181.4must include information provided by the technical advisory committee.181.5EFFECTIVE DATE; APPLICATION.This section is effective the day following 181.6final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
         181.7Scott, and Washington.181.8    Sec. 130. SURPLUS STATE LAND SALES.181.9The school trust lands director shall identify, in consultation with the commissioner
         181.10of natural resources, at least $5,000,000 in state-owned lands suitable for sale.
         The lands 181.11identified shall not be within a unit of the outdoor recreation system under Minnesota
         181.12Statutes, section 86A.05, an administrative site, or trust land. The commissioner
         shall 181.13sell at least $3,000,000 worth of lands identified under this section by June 30,
         2017. 181.14Notwithstanding Minnesota Statutes, section 94.16, subdivision 3, or any other law
         to the 181.15contrary, the amount of the proceeds from the sale of lands that exceeds the actual
         expenses 181.16of selling the lands must be deposited in the school trust lands account and used
         to 181.17extinguish the school trust interest as provided under Minnesota Statutes, section
         92.83, on 181.18school trust lands that have public water access sites or old growth forests located
         on them.181.19    Sec. 131. REQUIRED RULEMAKING; SUBSURFACE SEWAGE TREATMENT 181.20SYSTEMS.181.21The commissioner of the Pollution Control Agency shall adopt rules, using the 181.22expedited rulemaking process in Minnesota Statutes, section 14.389, that set forth
         181.23procedures to conform with the changes to Minnesota Statutes, chapter 115, under this
         act 181.24and to streamline the subsurface sewage treatment system (SSTS) license application
         and 181.25renewal process in a manner that:181.26(1) surety bond and insurance requirements of licensed SSTS businesses meet the 181.27requirements of Minnesota Statutes, chapter 115 and section 326B.46, subdivision 2;
         and181.28(2) properly trained SSTS installers may complete work on a building sewer with 181.29respect to the Plumbing Code and plumbing program and SSTS designers and inspectors
         181.30may complete work on a building sewer connected to an SSTS with respect to the 181.31Plumbing Code and plumbing program.181.32    Sec. 132. WETLAND CONSERVATION ACT REPORT.182.1By March 15, 2016, the Board of Water and Soil Resources, in cooperation with the
         182.2Department of Natural Resources, shall report to the committees with jurisdiction
         over 182.3environment and natural resources on the proposals to implement high priority areas
         for 182.4wetland replacement and in-lieu fees for replacement and modify wetland replacement
         182.5siting and actions eligible for credit. In developing the report, the board and department
         182.6shall consult with stakeholders and agencies.182.7    Sec. 133. ALL-TERRAIN VEHICLE REGISTRATION TRANSITION.182.8(a) A person must have an unexpired class 1 or class 2 all-terrain vehicle or off-road
         182.9vehicle registration and may continue to display the unexpired class 1 or class 2
         all-terrain 182.10vehicle or off-road vehicle registration until the electronic licensing system has
         been 182.11upgraded to conform with the amendments to Minnesota Statutes, section 84.92, under
         182.12this act.182.13(b) When the electronic licensing system has been upgraded, a person who possesses
         182.14an unexpired class 1 or class 2 all-terrain vehicle or off-road vehicle registration
         may 182.15continue to display that unexpired class 1 or class 2 all-terrain vehicle or off-road
         vehicle 182.16registration until the class 1 or class 2 all-terrain vehicle or off-road vehicle
         registration is 182.17renewed, transferred, or replacement registration is applied for.182.18    Sec. 134. COST ANALYSIS OF WATER QUALITY STANDARDS.182.19(a) The commissioner of management and budget, after consultation with the 182.20commissioner of the Pollution Control Agency, shall issue a request for proposal not
         to 182.21exceed $500,000 to contract with a nonstate entity for an engineering cost analysis
         of 182.22current and recently adopted, proposed, or anticipated changes to water quality standards
         182.23and rules, including:182.24(1) recently adopted or proposed changes to total suspended solid, nutrient, chloride,
         182.25nitrate, and sulfate standards;182.26(2) proposed nondegradation rulemaking provisions; and182.27(3) proposed changes to water quality standards to incorporate a tiered aquatic 182.28life use framework.182.29(b) The contractor may employ engineering subcontractors serving local 182.30governments to complete the analysis. The analysis must include a cost analysis for
         a 182.31representative sample of at least 15 communities and provide an estimate of the cost
         impact 182.32to average residential and commercial connections in those communities. The sample
         182.33must include a diverse set of communities based on geography, watersheds, community
         183.1size, wastewater facility types and operators, storm water system types, and other
         factors 183.2to ensure the analysis is representative of the state as a whole. The analysis must
         include:183.3(1) an estimate of the overall capital and operating costs to maintain and upgrade
         183.4wastewater and storm water systems for existing water quality standards;183.5(2) an estimate of the overall capital and operating costs likely to be incurred 183.6to upgrade wastewater and storm water systems for recently adopted, proposed, or 183.7anticipated changes to water quality standards; and183.8(3) an estimate of the incremental effect to overall water quality in the receiving
         183.9waters as a direct result of the recently adopted, proposed, or anticipated changes
         to 183.10water quality standards.183.11(c) The commissioner shall submit the analysis to the chairs and ranking minority
         183.12members of the committees and divisions of the house of representatives and senate
         with 183.13jurisdiction over water quality standards no later than January 1, 2017.183.14(d) Any appropriation for the contract under paragraph (a) does not cancel and is
         183.15available until expended. Any money in excess of the $500,000 needed must be paid
         183.16from the agency's base budget.183.17EFFECTIVE DATE.This section is effective the day following final enactment.183.18    Sec. 135. RED RIVER MINIMUM WATER QUALITY STANDARDS.183.19As part of achieving phosphorous reductions needed to protect the Red River and 183.20Lake Winnipeg, the Minnesota Pollution Control Agency shall work with the North Dakota
         183.21Department of Health and the United States Environmental Protection Agency Regions
         5 183.22and 8 and with wastewater treatment plants in the Red River Basin that discharge more
         183.23than 1,800 pounds of phosphorus per year to place wastewater treatment plants on a
         183.24schedule to achieve a one milligram per liter total phosphorus effluent limit no sooner
         than 183.252025, unless a sooner date is mutually agreed to for a treatment plant by the agencies.183.26    Sec. 136. WILD RICE WATER QUALITY STANDARDS.183.27(a) Until the commissioner of the Pollution Control Agency amends rules refining 183.28the wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2,
         to 183.29consider all independent research and publicly funded research and to include criteria
         for 183.30identifying waters and a list of waters subject to the standard, implementation of
         the wild 183.31rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, shall be
         limited 183.32to the following, unless the permittee requests additional conditions:184.1(1) when issuing, modifying, or renewing national pollutant discharge elimination
         184.2system (NPDES) or state disposal system (SDS) permits, the agency shall endeavor to
         184.3protect wild rice, and in doing so shall be limited by the following conditions:184.4(i) the agency shall not require permittees to expend money for design or 184.5implementation of sulfate treatment technologies or other forms of sulfate mitigation;
         and184.6(ii) the agency may require sulfate minimization plans in permits; and184.7(2) the agency shall not list waters containing natural beds of wild rice as impaired
         184.8for sulfate under section 303(d) of the federal Clean Water Act, United States Code,
         title 184.933, section 1313, until the rulemaking described in this paragraph takes effect.184.10(b) Upon the rule described in paragraph (a) taking effect, the agency may reopen
         184.11permits issued or reissued after the effective date of this section as needed to include
         184.12numeric permit limits based on the wild rice water quality standard.184.13(c) The commissioner shall complete the rulemaking described in paragraph (a) by 184.14January 15, 2018.184.15    Sec. 137. FEDERAL CLEAN WATER ACT SECTION 404 PERMIT PROGRAM 184.16FEASIBILITY STUDY.184.17(a) The Board of Water and Soil Resources and the commissioner of natural 184.18resources shall study the feasibility of the state assuming administration of the
         section 184.19404 permit program of the federal Clean Water Act. The United States Army Corps of
         184.20Engineers, St. Paul District; and the United States Environmental Protection Agency
         shall 184.21be consulted with during the development of the study. The study shall identify:184.22(1) the federal requirements for state assumption of the 404 program;184.23(2) the potential extent of assumption, including those waters that would remain under
         184.24the jurisdiction of the United States Army Corps of Engineers due to the prohibition
         of 404 184.25assumption in certain waters as defined in section 404(g)(1) of the federal Clean
         Water Act;184.26(3) differences in waters regulated under Minnesota laws compared to waters of the
         184.27United States, including complications and potential solutions to address the current
         184.28uncertainties relating to determining waters of the United States;184.29(4) measures to ensure the protection of aquatic resources consistent with the Clean
         184.30Water Act, Wetland Conservation Act, and the public waters program administered by
         the 184.31Department of Natural Resources;184.32(5) changes to existing state law, including changes to current implementation 184.33structure and processes, that would need to occur to allow for state assumption of
         the 184.34404 program;185.1(6) new agency responsibilities for implementing federal requirements and 185.2procedures that would become the obligation of the state under assumption, including
         the 185.3staff and resources needed for implementation;185.4(7) the estimated costs and savings that would accrue to affected units of government;185.5(8) the effect on application review and approval processes and time frames;185.6(9) alternatives to assumption that would also achieve the goals of regulatory 185.7simplification, efficiency, and reduced permitting times;185.8(10) options for financing any additional costs of implementation; and185.9(11) other information as determined by the board and commissioner.185.10(b) The board and commissioner shall involve stakeholders in the development of 185.11the plan of study consistent with Minnesota Statutes, section 103B.101, subdivision
         16.185.12(c) By January 15, 2017, the board and commissioner must report the study to the 185.13legislative policy and finance committees and divisions with jurisdiction over environment
         185.14and natural resources.185.15    Sec. 138. METROPOLITAN PARKS; INTEREST EARNINGS.185.16Notwithstanding Laws 1985, First Special Session chapter 15, section 5, subdivision
         185.172, paragraph (b), and Laws 1987, chapter 384, article 3, section 45, the Metropolitan
         185.18Council shall use the interest earnings in Laws 1985, First Special Session chapter
         15, 185.19section 5, subdivision 2, for the use and betterment of all regional recreational
         open space 185.20lands under the jurisdiction of the Metropolitan Council.185.21EFFECTIVE DATE.This section is effective January 1, 2018.185.22    Sec. 139. REFUNDS; YOUTH BEAR LICENSES.185.23The commissioner of natural resources may issue refunds for youth bear licenses 185.24that were purchased between August 1, 2013, and June 30, 2014, to individuals who
         were 185.2510, 11, or 12 years old at the time of purchase until June 30, 2016.185.26    Sec. 140. WATER RETENTION PROJECTS.185.27By August 1, 2015, the commissioner of natural resources, in cooperation with 185.28the commissioners of agriculture and the Pollution Control Agency, the Board of Water
         185.29and Soil Resources, and other interested parties, shall develop proposals for significant
         185.30large-scale  projects that provide flood water retention, water quality improvements,
         185.31nutrient and sediment reduction, and wildlife habitat for submission to the Lessard-Sams
         185.32Outdoor Heritage Council, Clean Water Council, and the Legislative-Citizen Commission
         185.33on Minnesota Resources for funding in fiscal year 2017. Any deadlines established
         by the 186.1Lessard-Sams Outdoor Heritage Council, Clean Water Council, or the Legislative-Citizen
         186.2Commission on Minnesota Resources are waived for purposes of the submissions.186.3    Sec. 141. WILD TURKEY CRITICAL HABITAT PLATE.186.4The commissioner of natural resources and the commissioner of public safety must 186.5select a design depicting wild turkey when selecting designs for the next selection
         of critical 186.6habitat plates as provided under Minnesota Statutes, section 168.1296, subdivision
         2.186.7    Sec. 142. BASE BUDGET REPORT.186.8The commissioners of agriculture, natural resources, and the Pollution Control 186.9Agency shall each submit a report that contains the details of their base budgets,
         186.10including prior appropriation riders, to the chairs and ranking minority members of
         the 186.11house of representatives and senate committees and divisions with jurisdiction over
         the 186.12environment and natural resources by October 15, 2016.186.13    Sec. 143. NEGATIVE SURFACE WATER IMPACTS; RECOMMENDATIONS.186.14By December 15, 2015, the commissioner of natural resources shall consult with 186.15interested stakeholders and submit a report to the Legislative Water Commission and
         186.16the chairs and ranking minority members of the house of representatives and senate
         186.17committees and divisions with jurisdiction over the environment and natural resources
         186.18policy and finance on recommendations for statutory or rule definitions and thresholds
         for 186.19negative impacts to surface waters as described in Minnesota Statutes, sections 103G.285
         186.20and 103G.287, subdivision 2. Stakeholders must include but are not limited to agricultural
         186.21interests; environmental interests; businesses; community water suppliers; state,
         federal, 186.22and local agencies; universities; and other interested stakeholders.186.23    Sec. 144. RULEMAKING; SSTS; EXISTING CAMPGROUNDS AND 186.24RESORTS.186.25(a) The commissioner of the Pollution Control Agency shall adopt rules, using the
         186.26expedited rulemaking process in Minnesota Statutes, section 14.389, to eliminate the
         need 186.27for existing campgrounds and resorts that are open for 180 days or less per year to
         estimate 186.28wastewater flow rates to subsurface sewage treatment systems as required by Minnesota
         186.29Rules, part 7081.0040, subpart 1, item B. The rules shall establish flow monitoring
         and 186.30recording for subsurface sewage treatment systems at existing campgrounds and resorts
         186.31that are open for 180 days or less per year as provided in paragraphs (b) to (f).187.1(b) The rules shall provide that existing campgrounds and resorts are allowed to use
         187.2the following flow measurement methods:187.3(1) sewage lift station pump with runtime meter and counter;187.4(2) sewage flow meter;187.5(3) flow meters on wells; and187.6(4) water softener system with flow measurement when the measurement includes 187.7all flow to the subsurface soil treatment system, including backwash.187.8(c) The measured flow rate must include the total of all treatment systems that are
         187.9located on the resort or campground. If fewer than 25 percent of the systems are not
         187.10measured, an average of the metered systems can be used to determine the flow from
         187.11the unmetered systems.187.12(d) A daily flow rate and daily campground occupancy rate must be recorded for a 187.13minimum of two weeks, centered on and including July 4. Weekly monitoring must also
         187.14be done for an additional continuous two weeks prior and two weeks following July
         4.187.15(e) If no flow data exists, the existing campground or resort owner or operator shall
         187.16implement an acceptable flow measurement plan and start measuring and recording flow
         187.17data within 120 days of notification.187.18(f) Flow measurement devices must be calibrated before start-up of monitoring and
         187.19another calibration during the test to verify results.187.20EFFECTIVE DATE.This section is effective the day following final enactment.187.21    Sec. 145. RULEMAKING; SEPTIC SYSTEM PROFESSIONALS; 187.22ELIGIBILITY.187.23The commissioner of the Pollution Control Agency shall adopt rules, using the 187.24expedited rulemaking process in Minnesota Statutes, section 14.389, to create a procedure
         187.25for previously or currently certification-eligible septic system professionals to
         apply to 187.26re-establish or maintain certification eligibility. The conditional eligibility shall
         begin upon 187.27acceptance of an application by the Pollution Control Agency and end upon completion
         of 187.28recertification procedures, including completion of necessary continuing education
         and 187.29examinations. The length of the conditional eligibility shall be limited to one year.187.30EFFECTIVE DATE.This section is effective the day following final enactment.187.31    Sec. 146. INITIAL IMPLEMENTATION; WAIVERS.187.32A soil and water conservation district must grant a conditional compliance waiver
         187.33under Minnesota Statutes, section 103F.48, to landowners who have applied for and
         188.1maintained eligibility for financial assistance within one year of the dates listed
         in 188.2Minnesota Statutes, section 103F.48, subdivision 3, paragraph (e), according to Minnesota
         188.3Statutes, section 103F.48. A conditional compliance waiver also must be granted to
         188.4landowners who are subject to a drainage proceeding commenced under Minnesota 188.5Statutes, sections 103E.011, subdivision 5; 103E.021, subdivision 6; and 103E.715.
         The 188.6conditional compliance waiver is valid until financial assistance is available for
         buffer 188.7installation, but not later than November 1, 2018.188.8    Sec. 147. TRANSFERS.188.9(a) By June 30, 2015, the commissioner of management and budget shall transfer 188.10to the natural resources conservation easement stewardship account, established in
         188.11Minnesota Statutes, section 84.69, the remaining balance in the forests for the future
         188.12conservation easement account under Minnesota Statutes, section 84.68.188.13(b) By June 30, 2015, the commissioner of management and budget shall transfer 188.14to the natural resources conservation easement stewardship account, established in
         188.15Minnesota Statutes, section 84.69, the following amounts:188.16(1) $114,840 from Laws 2011, First Special Session chapter 6, article 1, section 188.172, subdivision 3, paragraph (a);188.18(2) $25,000 from Laws 2012, chapter 264, article 1, section 2, subdivision 5, 188.19paragraph (a); and188.20(3) $14,000 from Laws 2013, chapter 137, article 1, section 2, subdivision 2, 188.21paragraph (c).188.22(c) The commissioner of management and budget shall transfer additional 188.23amounts from Laws 2013, chapter 137, article 1, section 2, subdivision 2, paragraph
         188.24(c), to the natural resources conservation easement stewardship account, established
         in 188.25Minnesota Statutes, section 84.69, upon closing on conservation easements funded by
         the 188.26appropriation, provided that total transfers to the account shall not exceed $42,000.188.27(d) The commissioner of management and budget shall transfer amounts from 188.28Laws 2014, chapter 256, article 1, section 2, subdivision 2, paragraph (e), to the
         natural 188.29resources conservation easement stewardship account, established in Minnesota Statutes,
         188.30section 84.69, upon closing on conservation easements funded by the appropriation,
         188.31provided that total transfers to the account shall not exceed $112,000.188.32(e) By June 30, 2015, the commissioner of management and budget shall transfer to
         188.33the water and soil conservation easement stewardship account, established in Minnesota
         188.34Statutes, section 103B.103, the following amounts:189.1(1) $191,667 from Laws 2011, First Special Session chapter 6, article 1, section 189.22, subdivision 2, paragraph (c);189.3(2) $57,750 from Laws 2011, First Special Session chapter 6, article 1, section 189.42, subdivision 4, paragraph (a);189.5(3) $15,750 from Laws 2011, First Special Session chapter 6, article 1, section 189.62, subdivision 4, paragraph (c);189.7(4) $48,000 from Laws 2012, chapter 264, article 1, section 2, subdivision 2, 189.8paragraph (a);189.9(5) $1,821 from Laws 2012, chapter 264, article 1, section 2, subdivision 3, 189.10paragraph (a);189.11(6) $26,400 from Laws 2013, chapter 137, article 1, section 2, subdivision 3, 189.12paragraph (b);189.13(7) $26,400 from Laws 2013, chapter 137, article 1, section 2, subdivision 2, 189.14paragraph (e);189.15(8) $4,800 from Laws 2013, chapter 137, article 1, section 2, subdivision 4, 189.16paragraph (d); and189.17(9) $4,500 from Laws 2014, chapter 256, article 1, section 2, subdivision 2, 189.18paragraph (f).189.19(f) The commissioner of management and budget shall continue to transfer money, 189.20appropriated to the Board of Water and Soil Resources on or before June 30, 2015,
         189.21for conservation easement monitoring and enforcement funds to the water and soil 189.22conservation easement stewardship account, established in Minnesota Statutes, section
         189.23103B.103, upon closing on conservation easements, provided that total transfers to
         the 189.24account shall not exceed the "up to" amount specified in each appropriation.189.25EFFECTIVE DATE.This section is effective the day following final enactment.189.26    Sec. 148. REVISOR'S INSTRUCTIONS.189.27(a) The revisor of statutes shall delete the range reference "88.47 to 88.53" wherever
         189.28it appears in Minnesota Statutes and Minnesota Rules and insert "88.49 to 88.53."189.29(b) The revisor of statutes shall renumber the subdivisions of Minnesota Statutes,
         189.30section 103G.005, to retain alphabetical order and shall correct cross-references
         to the 189.31renumbered subdivisions.189.32    Sec. 149. REVISOR'S INSTRUCTION.189.33The revisor of statutes shall prepare draft legislation to amend statutes to conform
         189.34with structural changes to the Minnesota Pollution Control Agency under sections 110
         190.1to 113 and 147. The revisor shall submit the proposed legislation to the chairs of
         the 190.2house of representatives and senate committees with jurisdiction over environment
         policy 190.3by January 1, 2016.190.4    Sec. 150.  REPEALER.190.5(a) Minnesota Statutes 2014, sections 84.68; 88.47; 88.48; 88.49, subdivisions 1, 2,
         190.6and 10; 88.491, subdivision 1; 88.51, subdivision 2; and 282.013, are repealed.190.7(b) Minnesota Statutes 2014, section 86B.13, subdivisions 2 and 4, are repealed.190.8(c) Minnesota Statutes 2014, section 116.02, subdivisions 2, 3, 4, 6, 7, 8, 9, and
         190.910, are repealed.190.10(d) Minnesota Statutes 2014, sections 103F.421, subdivision 5; 103F.451; and 190.11114D.50, subdivision 4a, are repealed.190.12EFFECTIVE DATE.Paragraph (b) of this section is effective the day following 190.13final enactment.190.14ARTICLE 5190.15GAME AND FISH190.16    Section 1. Minnesota Statutes 2014, section 84.027, subdivision 13a, is amended to read:190.17    Subd. 13a. Game and fish expedited permanent rules.(a) 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; or190.25    (2) section 
         84D.12 to list prohibited invasive species, regulated invasive species, and 190.26unregulated nonnative species.190.27(b) The commissioner of natural resources may adopt rules under section 14.389 190.28that are authorized under chapters 97A, 97B, and 97C, for purposes in addition to
         those 190.29listed in paragraph (a), clause (1), subject to the notice and public hearing provisions
         190.30of section 14.389, subdivision 5.190.31EFFECTIVE DATE.This section is effective the day following final enactment.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.
         191.4Notwithstanding subdivision 5, paragraph (g), and sections 117.52 and 117.521, the
         owner 191.5shall not be paid relocation costs when the owner requests that their lands be condemned.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; and191.19    (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 191.35and the right to be reimbursed for appraisal fees up to $1,500 if the land is sold
         to the state;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) when the property is being acquired by condemnation or the condemnation is 192.4specifically authorized by law, the right to receive or waive relocation assistance, services, 192.5payments and benefits as provided in sections 
         117.52 and 
         117.521 and to contest the state's 192.6offer for relocation and moving expenses;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; and192.12    (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), 192.16(c), or (d), and section 
         97C.341.192.17    (b) In waters that are listed as infested waters, except those listed because they 192.18contain as infested with 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 192.21toas provided in a permit issued under section 
         84D.11, subject to rules adopted by the 192.22commissioner; and192.23    (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.192.27(3) (c) In streams or rivers that are listed as infested waters, except those listed
         as 192.28infested with certifiable diseases of fish, as defined under section 17.4982, subdivision
         6, 192.29the 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 is allowed as follows:192.32(i) (1) fish taken under this clause paragraph must be used on the same body of water 192.33where caught and while still on that water body. Where the river or stream is divided by 192.34barriers such as dams, the fish must be caught and used on the same section of the
         river 192.35or stream;193.1(ii) (2) fish taken under this clause paragraph may not be transported live from or 193.2off the water body;193.3(iii) (3) fish harvested under this clause paragraph may only be used in accordance 193.4with this section;193.5(iv) (4) any other use of wild animals used for bait from infested waters is prohibited;193.6(v) (5) fish taken under this clause paragraph must meet all other size restrictions 193.7and requirements as established in rules; and193.8(vi) (6) all species listed under this clause paragraph shall be included in the person's 193.9daily limit as established in rules, if applicable.193.10(d) In the Mississippi River downstream of St. Anthony Falls and the St. 193.11Croix River downstream of the dam at Taylors Falls, including portions described as
         193.12Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1,
         193.13items A and B, the harvest of gizzard shad by cast net for noncommercial personal
         use as 193.14bait for angling, as provided in a permit issued under section 84D.11, is allowed
         as follows:193.15    (1) nontarget species must immediately be returned to the water;193.16(2) gizzard shad taken under this paragraph must be used on the same body of water
         193.17where caught and while still on that water body. Where the river is divided by barriers
         193.18such as dams, the gizzard shad must be caught and used on the same section of the
         river;193.19(3) gizzard shad taken under this paragraph may not be transported off the water 193.20body; and 193.21(4) gizzard shad harvested under this paragraph may only be used in accordance 193.22with this section.193.23This paragraph expires December 1, 2017.193.24    (c) (e) 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    Subd. 4.Construction area restrictions.The commissioner, after consulting with 193.30the governmental units and contractors involved in a construction project, may adopt,
         193.31by written order, temporary water surface use controls for recreational uses at public
         193.32construction and maintenance sites that cross or are adjacent to waters of the state
         for a 193.33period of time not to exceed the duration of the construction or maintenance project.
         193.34Temporary controls adopted under this subdivision are exempt from the rulemaking 193.35requirements of chapter 14 and section 14.386 does not apply.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 (USCG) approved Type I, II, III, or V wearable personal flotation device 194.7with a USCG label indicating it either is approved for or does not prohibit use with
         194.8personal watercraft or water skiing;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; or194.15(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; or194.19(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; or194.33(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; and195.9(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 (USCG) approved Type I, II, III, or V 195.15wearable  personal flotation device with a USCG label indicating it either is approved for 195.16or does not prohibit use with personal watercraft or water skiing and any other required 195.17safety equipment to all persons who rent a personal watercraft at no additional cost;
         and195.18(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 create a wake for a wake surfer or 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; or196.3(2) the boat is equipped with a mirror providing the operator a wide field of vision
         196.4to the rear.196.5    Subd. 2. Prohibited night skiing or towing prohibited activities.On waters of this 196.6state, from one-half hour after sunset to sunrise of the following day, a person may not:196.7(1) wake surf;196.8(2) operate a watercraft creating a wake for a wake surfer;196.9(3) be towed by a watercraft; or196.10(4) 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 including ducks, with a fully feathered wing intact; or196.16(2) a duck with a fully feathered wing and head attached; or196.17(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 posting restrictions on public access to active disease areas or by 197.3emergency rule adopted under section 
         84.027, subdivision 13.197.4EFFECTIVE DATE.This section is effective the day following final enactment.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. Notwithstanding section 16E.145 or 197.10any other law to the contrary, an appropriation for an information or telecommunications
         197.11technology project from the game and fish fund, as established in section 97A.055,
         must 197.12be made to the commissioner. Any assets acquired with or expenditures made from the
         197.13game and fish fund must remain under control of the commissioner.197.14EFFECTIVE DATE.This section is effective the day following final enactment.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; or197.21(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 or electronic 197.25notice to appear in court as provided by Rules of Criminal Procedure and section 169.99. 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, and the offense, and. The notice 197.28must contain 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 or must direct the 197.30defendant to contact the court or violations bureau to schedule an appearance.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" notice 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; prosecution of aggregated offenses.198.9(a) Except as allowed in paragraph (b), 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(b) In any prosecution that involves two or more offenses committed by the same 198.13person within six months in two or more counties, the accused may be prosecuted in
         any 198.14county in which one of the offenses was committed for all of the offenses in aggregate.198.15EFFECTIVE DATE.This section is effective the day following final enactment.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 unless it is was issued prior to legal shooting hours on the day of its first use.198.21(b) The commissioner may issue a license to take additional deer under section 198.2297B.301, subdivision 4
         , that is not valid immediately upon issuance unless it was issued 198.23prior to legal shooting hours on the day the license is first used.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 permit area, and their family members who live on the qualifying land, 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    Subd. 7.Residents of veterans homes.(a) A resident from a Minnesota veterans 199.8home may obtain a firearm or muzzleloader deer license during the season and take
         199.9antlerless deer without a permit in all areas of the state open during the respective
         regular 199.10firearms or muzzleloader deer seasons in any permit area. This subdivision does not
         199.11authorize the taking of an antlerless deer by another member of a party under section
         199.1297B.301, subdivision 3, in an area closed to taking antlerless deer or where the number
         of 199.13antlerless deer that may be taken is limited by a quota on the number of permits.199.14(b) A person may assist a Minnesota veterans home resident during the firearms or
         199.15muzzleloader deer season without having a deer hunting license, but the person may
         199.16not shoot a deer.199.17    Sec. 18. [97A.56] FERAL SWINE.199.18    Subdivision 1.Definition.For purposes of this section, "feral swine" means a 199.19member of the genus and species Sus scrofa that lives in the wild.199.20    Subd. 2.Prohibited actions; penalty.(a) A person may not possess or release 199.21feral swine or swine that were feral during any part of the swines' lifetime or allow
         feral 199.22swine to run at large.199.23(b) A person may not hunt or trap feral swine, except as authorized by the 199.24commissioner for feral swine control or eradication. It is not a violation of this
         section if a 199.25person shoots a feral swine and reports the taking to the commissioner within 24 hours.
         199.26All swine taken in this manner must be surrendered to the commissioner.199.27(c) A person who violates this subdivision is guilty of a misdemeanor.199.28    Subd. 3.Authorized removal of feral swine.A person authorized under game and 199.29fish laws to take feral swine is not liable to the owner for the value of the animals.199.30EFFECTIVE DATE.This section is effective the day following final enactment.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; and200.16    (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
         ; and200.24(2) a firearm as described in paragraph (a), clauses (2) to (5).200.25(c) A first violation of paragraph (a) is punishable by a warning.200.26    Sec. 20. Minnesota Statutes 2014, section 97B.063, is amended to read:200.2797B.063 HUNTER SATISFACTION SURVEY.200.28The commissioner shall annually 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. The commissioner 200.32shall annually submit a summary of the information gathered under this section to
         200.33the chairs and ranking minority members of the house of representatives and senate
         200.34committees and divisions with jurisdiction over environment and natural resources
         no 201.1later than January 1 for the preceding fiscal year. The commissioner shall also make
         the 201.2summary information available on the department's Web site.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; and201.13(v) not within 200 feet of a motor vehicle; or201.14(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; and201.17(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; or201.22(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(d) It is not a violation of this section for a licensed bear hunter to cast the rays
         of a 201.28handheld artificial light to track or retrieve a wounded or dead bear while possessing
         a 201.29firearm, provided that the person:201.30(1) has the person's valid bear hunting license in possession;201.31(2) is on foot; and201.32(3) is following the blood trail of a bear that was shot during legal shooting hours.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    Subd. 9.Residents age 84 or over may take deer of either sex.A resident age 84 202.9or over may take a deer of either sex. This subdivision does not authorize the taking
         of an 202.10antlerless deer by another member of a party under subdivision 3.202.11    Sec. 24. [97B.722] POSSESSION OF FIREARMS; HUNTING TURKEY.202.12(a) While afield hunting turkeys, licensees may not have in possession or control
         202.13any firearm or bow and arrow except those defined as legal for taking turkeys in rules
         202.14adopted by the commissioner.202.15(b) Paragraph (a) does not apply to a person carrying a handgun in compliance 202.16with section 624.714.202.17    Sec. 25. [97B.9251] BEAVER SEASON.202.18The commissioner may establish open seasons and restrictions for taking beaver from
         202.199:00 a.m. on the Saturday nearest October 26 in the North Zone and from 9:00 a.m.
         on the 202.20Saturday nearest October 30 in the South Zone. The seasons shall be open until May
         15.202.21    Sec. 26. Minnesota Statutes 2014, section 97C.345, is amended by adding a 202.22subdivision to read:202.23    Subd. 3a.Cast nets for gizzard shad.(a) Cast nets may be used only to take 202.24gizzard shad for use as bait for angling:202.25(1) from July 1 to November 30; and202.26(2) from the Mississippi River downstream of St. Anthony Falls and the St. 202.27Croix River downstream of the dam at Taylors Falls, including portions described as
         202.28Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 202.291, items A and B, that are listed as infested waters as allowed under section 84D.03,
         202.30subdivision 3.203.1(b) Cast nets used under this subdivision must be monofilament and may not exceed
         203.2seven feet in diameter, and mesh size must be from three-eighths to five-eighths inch
         bar 203.3measure.203.4(c) This subdivision expires December 1, 2017. The commissioner must report 203.5to the chairs and ranking minority members of the house of representatives and senate
         203.6committees with jurisdiction over environment and natural resources by March 1, 2018,
         203.7on the number of permits issued, conservation impacts from the use of cast nets, and
         203.8recommendations for any necessary changes in statutes or rules.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(e) A minnow dealer may designate employees as helpers who are authorized to 203.28take, buy, sell, and transport minnows on behalf of the minnow dealer. The employees
         203.29designated as helpers must be listed on the minnow dealer's license, and a copy of
         the 203.30license designating the employee as a helper must be in the helper's possession when
         203.31acting on behalf of the minnow dealer. The minnow dealer may add and delete helpers
         203.32listed on the dealer's license within a license year by notifying the commissioner
         in writing 203.33of the change to the license. Employees who are acting under the direction and control
         of 203.34the minnow dealer but who are not designated as helpers may not buy or sell minnows
         on 204.1behalf of the minnow dealer. This paragraph does not apply to employees selling minnows
         204.2at the retail outlet location under paragraph (d).204.3EFFECTIVE DATE.This section is effective March 1, 2016.204.4    Sec. 28. RULEMAKING; LIFTING SPEARING BANS AND NORTHERN PIKE 204.5REGULATIONS.204.6(a) The commissioner of natural resources shall amend Minnesota Rules, parts 204.76262.0575, subpart 9, and 6264.0400, subparts 70 and 72, to delete the language 204.8prohibiting spearing.204.9(b) Notwithstanding Minnesota Statutes, section 97C.007, the commissioner of 204.10natural resources shall amend Minnesota Rules, part 6264.0400, subpart 71, to delete
         the 204.11language prohibiting spearing and modify the northern pike protected slot to 26 to
         40 inches.204.12(c) The commissioner may use the good cause exemption under Minnesota Statutes, 204.13section 14.388, subdivision 1, clause (3), to adopt rules under this section, and
         Minnesota 204.14Statutes, section 14.386, does not apply.204.15EFFECTIVE DATE.This section is effective July 1, 2015.204.16    Sec. 29. RULEMAKING; WATER SURFACE USE RESTRICTIONS.204.17(a) The commissioner of natural resources shall amend Minnesota Rules, part 204.186110.3700, subpart 9, to allow a longer period of temporary special controls in situations
         204.19of local emergency by deleting "five" and inserting "30" and deleting "five-day" and
         204.20inserting "30-day."204.21(b) The commissioner may use the good cause exemption under Minnesota Statutes, 204.22section 14.388, subdivision 1, clause (3), to adopt rules under this section, and
         Minnesota 204.23Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
         204.24section 14.388.204.25    Sec. 30. RULEMAKING; PERSONAL FLOTATION DEVICES.204.26(a) To conform with changes in federal regulation, the commissioner of natural 204.27resources shall amend Minnesota Rules, part 6110.1200, subpart 3, as follows:204.28(1) delete the term "Type I, II, or III" and insert "wearable";204.29(2) delete the term "Type IV" and insert "throwable";204.30(3) delete items B and D and reletter the remaining items; and204.31(4) insert a new item that reads:204.32"C. All personal flotation devices required by this subpart must be:205.1(1) approved by the U.S. Coast Guard;205.2(2) legibly marked with any requirements and the approval number issued by the 205.3U.S. Coast Guard;205.4(3) in serviceable condition free of tears, rot, punctures, or waterlogging, and with
         205.5all straps and fasteners present and in good condition;205.6(4) of the appropriate size for the intended wearer, if the device is designed to
         be worn, 205.7and in compliance with any requirements listed on the U.S. Coast Guard approval label;205.8(5) for wearable devices, either readily accessible or worn, except when:205.9(a) devices are required to be worn to be accepted as U.S. Coast Guard-approved; or205.10(b) wearing a U.S. Coast Guard-approved wearable personal flotation device is 205.11mandatory; and205.12(6) for throwable devices, immediately available.205.13"Readily accessible" means easily retrievable within a reasonable amount of time 205.14in an emergency. "Immediately available" means easily reached in time of emergency.
         205.15Personal flotation devices located in locked containers, under heavy objects, or left
         in 205.16shipping bags are not considered readily accessible or immediately available."205.17(b) The commissioner may use the good cause exemption under Minnesota Statutes, 205.18section 14.388, subdivision 1, clause (3), to adopt rules under this section, and
         Minnesota 205.19Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
         205.20section 14.388.205.21    Sec. 31. RULEMAKING; MOTORIZED TRAIL ENVIRONMENTAL REVIEW.205.22(a) The Environmental Quality Board shall amend Minnesota Rules, chapter 4410, to
         205.23allow the following without preparing a mandatory environmental assessment worksheet:205.24(1) constructing a recreational trail less than 25 miles long on forested or other
         205.25naturally vegetated land for a recreational use;205.26(2) adding a new motorized recreational use or a seasonal motorized recreational 205.27use to an existing motorized recreational trail if the treadway width is not expanded
         as a 205.28result of the added use; and205.29(3) designating an existing, legally constructed route, such as a logging road, for
         205.30motorized recreational trail use.205.31(b) The board may use the good cause exemption rulemaking procedure under 205.32Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under
         this 205.33section, and Minnesota Statutes, section 14.386, does not apply except as provided
         under 205.34Minnesota Statutes, section 14.388.206.1    Sec. 32.  REPEALER.206.2(a) Minnesota Statutes 2014, section 97A.475, subdivision 25, is repealed.206.3(b) Minnesota Rules, part 6264.0400, subparts 27 and 28, are repealed.206.4EFFECTIVE DATE.Paragraph (b) is effective July 1, 2015."206.5Amend the title as follows:206.6Page 1, delete lines 2 to 17206.7Page 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

207.1We request the adoption of this report and repassage of the bill.207.2House Conferees:207.3
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                     						207.4Denny McNamaraRod Hamilton207.5
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                     						207.6Tom HackbarthDan Fabian207.7
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                     						207.8David Dill207.9Senate Conferees:207.10
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                     						207.11David J. TomassoniDan Sparks207.12
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                     						207.13John A. HoffmanJohn Marty207.14
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                     						207.15Bill Weber