1.1 	A bill for an act
1.2 	relating to state government; appropriating money for environment, natural 
1.3 	resources, and tourism purposes; modifying fees; providing for disposition of 
1.4 	certain receipts; modifying grant, contract, and lease provisions; modifying state 
1.5 	park permit requirements; modifying water safety provisions; modifying provisions 
1.6 	to take, possess, and transport wildlife; modifying duties and authority; modifying 
1.7 	Minnesota Naturalist Corps provisions; modifying prescribed burn provisions; 
1.8 	modifying timber sales provisions; providing for certain contested case hearings, 
1.9 	appeals, and reviews; modifying landfill cleanup program; modifying tax-forfeited 
1.10 	land provisions; providing for consumer choice in merchant bags; modifying buffer 
1.11 	requirements; providing for riparian protection aid; modifying the Water Law; 
1.12 	modifying invasive species provisions; modifying off-highway vehicle provisions; 
1.13 	modifying permit and license requirements; modifying Petroleum Tank Release 
1.14 	Cleanup Act; extending ban on open air swine basins; modifying environmental 
1.15 	review; modifying Environmental Quality Board; requiring reports; requiring 
1.16 	rulemaking;amending Minnesota Statutes 2016, sections 84.01, by adding a 
1.17 	subdivision; 84.027, subdivisions 14a, 14b, by adding subdivisions; 84.788, 
1.18 	subdivision 2; 84.793, subdivision 1; 84.8031; 84.82, subdivision 2; 84.925, 
1.19 	subdivision 1; 84.9256, subdivisions 1, 2; 84.946, subdivision 2, by adding a 
1.20 	subdivision; 84.992, subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 84D.04, 
1.21 	subdivision 1; 84D.05, subdivision 1; 84D.108, subdivision 2a, by adding 
1.22 	subdivisions; 84D.11, by adding a subdivision; 85.052, subdivision 1; 85.053, 
1.23 	subdivisions 8, 10; 85.054, by adding a subdivision; 85.055, subdivision 1; 85.22, 
1.24 	subdivision 2a; 85.32, subdivision 1; 86B.301, subdivision 2; 86B.313, subdivision 
1.25 	1; 86B.701, subdivision 3; 88.01, subdivision 28; 88.523; 89.39; 90.01, subdivisions 
1.26 	8, 12, by adding a subdivision; 90.041, subdivision 2; 90.051; 90.101, subdivision 
1.27 	2; 90.14; 90.145, subdivision 2; 90.151, subdivision 1; 90.162; 90.252; 93.25, 
1.28 	subdivision 2; 93.47, subdivision 4; 93.481, subdivision 2; 93.50; 94.343, 
1.29 	subdivision 9; 94.344, subdivision 9; 97A.015, subdivisions 39, 43, 45, 52, 53, by 
1.30 	adding a subdivision; 97A.045, subdivision 10; 97A.055, subdivision 2; 97A.075, 
1.31 	subdivision 1; 97A.137, subdivision 5; 97A.201, subdivision 2, by adding a 
1.32 	subdivision; 97A.225, subdivision 8; 97A.301, subdivision 1; 97A.338; 97A.420, 
1.33 	subdivision 1; 97A.421, subdivision 2a; 97A.441, subdivision 1; 97B.031, 
1.34 	subdivision 6; 97B.071; 97B.405; 97B.431; 97B.516; 97B.655, subdivision 1; 
1.35 	97C.315, subdivision 1; 97C.355, subdivision 2a; 97C.401, subdivision 2; 97C.501, 
1.36 	subdivision 1; 97C.515, subdivision 2; 97C.701, by adding a subdivision; 103B.101, 
1.37 	subdivision 12a; 103F.411, subdivision 1; 103F.48, subdivisions 1, 3, 7; 103G.005, 
1.38 	subdivisions 10b, 10h, by adding a subdivision; 103G.222, subdivisions 1, 3; 
1.39 	103G.223; 103G.2242, subdivisions 1, 2; 103G.2372, subdivision 1; 103G.271, 
2.1 	subdivisions 1, 6, 6a, 7, by adding a subdivision; 103G.287, subdivisions 1, 4; 
2.2 	103G.411; 114D.25, by adding a subdivision; 115B.39, subdivision 2; 115B.40, 
2.3 	subdivision 4; 115C.021, subdivision 1, by adding a subdivision; 116.03, 
2.4 	subdivision 2b, by adding subdivisions; 116.07, subdivision 4d, by adding 
2.5 	subdivisions; 116.0714; 116C.03, subdivision 2; 116C.04, subdivision 2; 116D.04, 
2.6 	subdivisions 2a, 10; 116D.045, subdivision 1; 160.06; 168.1295, subdivision 1; 
2.7 	282.018, subdivision 1; 282.04, subdivision 1; 296A.18, subdivision 6a; Laws 
2.8 	2000, chapter 486, section 4, as amended; Laws 2013, chapter 114, article 4, section 
2.9 	105; Laws 2015, First Special Session chapter 4, article 4, section 136; Laws 2016, 
2.10 	chapter 189, article 3, sections 6; 26; 46; proposing coding for new law in 
2.11 	Minnesota Statutes, chapters 85; 93; 97B; 115; 115B; 116; 471; 477A; repealing 
2.12 	Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5; 
2.13 	97C.701, subdivisions 1a, 6; 97C.705; 97C.711; 116C.04, subdivisions 3, 4; 
2.14 	Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; 
2.15 	6258.0600; 6258.0700, subparts 1, 4, 5; 6258.0800; 6258.0900.
2.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.17 	ARTICLE 1
2.18 	ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

2.19	Section 1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
 	
2.20 	The sums shown in the columns marked "Appropriations" are appropriated to the agencies 
2.21 	and for the purposes specified in this article. The appropriations are from the general fund, 
2.22 	or another named fund, and are available for the fiscal years indicated for each purpose. 
2.23 	The figures "2018" and "2019" used in this article mean that the appropriations listed under 
2.24 	them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively. 
2.25 	"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium" 
2.26 	is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are 
2.27 	effective the day following final enactment.

2.28				APPROPRIATIONS
	
2.29				Available for the Year
	
2.30				Ending June 30
	
2.31					2018
		2019

2.32	Sec. 2. POLLUTION CONTROL AGENCY

2.33	Subdivision 1.Total Appropriation
 	$
	96,036,000
	$
	91,666,000

2.34	Appropriations by Fund
	
2.35		2018
	2019
	
2.36
2.37	State Government 
Special Revenue
	75,000
	75,000
	
2.38	Environmental
	80,527,000
	80,157,000
	
2.39	Remediation
	11,434,000
	11,434,000
	
3.1
3.2	Closed Landfill 
Investment
	4,000,000
	-0-
	
3.3 	The amounts that may be spent for each 
3.4 	purpose are specified in the following 
3.5 	subdivisions.
3.6 	The commissioner must present the agency's 
3.7 	biennial budget for fiscal years 2020 and 2021 
3.8 	to the legislature in a transparent way by 
3.9 	agency division, including the proposed 
3.10 	budget bill and presentations of the budget to 
3.11 	committees and divisions with jurisdiction 
3.12 	over the agency's budget.

3.13	Subd. 2.Environmental Analysis and Outcomes
 		12,547,000
		12,497,000

3.14	Appropriations by Fund
	
3.15		2018
	2019
	
3.16	Environmental
	12,366,000
	12,316,000
	
3.17	Remediation
	181,000
	181,000
	
3.18 	(a) $88,000 the first year and $88,000 the 
3.19 	second  year are from the environmental fund 
3.20 	for:
3.21 	(1) a municipal liaison to assist municipalities 
3.22 	in implementing and participating in the 
3.23 	water-quality standards rulemaking process 
3.24 	and navigating the NPDES/SDS permitting 
3.25 	process;
3.26 	(2) enhanced economic analysis in the 
3.27 	water-quality standards rulemaking process, 
3.28 	including more-specific analysis and 
3.29 	identification of cost-effective permitting;
3.30 	(3) developing statewide economic analyses 
3.31 	and templates to reduce the amount of 
3.32 	information and time required for 
3.33 	municipalities to apply for variances from 
3.34 	water-quality standards; and
4.1 	(4) coordinating with the Public Facilities 
4.2 	Authority to identify and advocate for the  
4.3 	resources needed for municipalities to achieve 
4.4 	permit requirements.
4.5 	(b) $204,000 the first year and $204,000 the 
4.6 	second year are from the environmental fund 
4.7 	for a monitoring program under Minnesota 
4.8 	Statutes, section 116.454.
4.9 	(c) $346,000 the first year and $346,000 the 
4.10 	second year are from the environmental fund 
4.11 	for monitoring ambient air for hazardous 
4.12 	pollutants.
4.13 	(d) $90,000 the first year and $90,000 the 
4.14 	second year are from the environmental fund 
4.15 	for duties related to harmful chemicals in 
4.16 	children's products under Minnesota Statutes, 
4.17 	sections 116.9401 to 116.9407. Of this 
4.18 	amount, $57,000 each year is transferred to 
4.19 	the commissioner of health.
4.20 	(e) $109,000 the first year and $109,000 the 
4.21 	second year are from the environmental fund 
4.22 	for registration of wastewater laboratories.
4.23 	(f) $913,000 the first year and $913,000 the 
4.24 	second year are from the environmental fund 
4.25 	to continue perfluorochemical biomonitoring 
4.26 	in eastern-metropolitan communities, as 
4.27 	recommended by the Environmental Health 
4.28 	Tracking and Biomonitoring Advisory Panel, 
4.29 	and address other environmental health risks, 
4.30 	including air quality. The communities must 
4.31 	include Hmong and other immigrant farming 
4.32 	communities. Of this amount, up to $677,000 
4.33 	the first year and $677,000 the second year 
4.34 	are for transfer to the Department of Health.
5.1 	(g) $100,000 the first year and $50,000 the 
5.2 	second year are from the environmental fund 
5.3 	for impaired waters listing procedures required 
5.4 	under this act.

5.5	Subd. 3.Industrial
 		13,509,000
		13,508,000

5.6	Appropriations by Fund
	
5.7		2018
	2019
	
5.8	Environmental
	12,979,000
	12,978,000
	
5.9	Remediation
	530,000
	530,000
	
5.10 	$530,000 the first year and $530,000 the 
5.11 	second year are from the remediation fund for 
5.12 	the leaking underground storage tank program 
5.13 	to investigate, clean up, and  prevent future 
5.14 	releases from underground petroleum storage 
5.15 	tanks and to the petroleum remediation 
5.16 	program for vapor assessment and 
5.17 	remediation. These same annual amounts are 
5.18 	transferred from the  petroleum tank fund to 
5.19 	the remediation fund.

5.20	Subd. 4.Municipal
 		6,625,000
		6,624,000
	
5.21 	(a) $162,000 the first year and $162,000 the 
5.22 	second  year are from the environmental fund 
5.23 	for:
5.24 	(1) a municipal liaison to assist municipalities 
5.25 	in implementing and participating in the 
5.26 	water-quality standards rulemaking process 
5.27 	and navigating the NPDES/SDS permitting 
5.28 	process;
5.29 	(2) enhanced economic analysis in the 
5.30 	water-quality standards rulemaking process, 
5.31 	including more specific analysis and 
5.32 	identification of cost-effective permitting;
5.33 	(3) development of statewide economic 
5.34 	analyses and templates to reduce the amount 
6.1 	of information and time required for 
6.2 	municipalities to apply for variances from 
6.3 	water quality standards; and
6.4 	(4) coordinating with the Public Facilities 
6.5 	Authority to identify and advocate for the 
6.6 	resources needed for municipalities to achieve 
6.7 	permit requirements.
6.8 	(b) $50,000 the first year and $50,000 the 
6.9 	second year are from the environmental fund 
6.10 	for transfer to the Office of Administrative 
6.11 	Hearings to establish sanitary districts.
6.12 	(c) $615,000 the first year and $614,000 the 
6.13 	second year are from the environmental fund 
6.14 	for subsurface sewage treatment system 
6.15 	(SSTS) program administration and 
6.16 	community technical assistance and education, 
6.17 	including grants and technical assistance to 
6.18 	communities for water-quality protection. Of 
6.19 	this amount, $129,000 each year is for 
6.20 	assistance to counties through grants for SSTS 
6.21 	program administration. A county receiving 
6.22 	a grant from this appropriation must submit 
6.23 	the results achieved with the grant to the 
6.24 	commissioner as part of its annual SSTS 
6.25 	report. Any unexpended balance in the first 
6.26 	year does not cancel but is available in the 
6.27 	second year.
6.28 	(d) $639,000 the first year and $640,000 the 
6.29 	second year are from the environmental fund 
6.30 	to address the need for continued increased 
6.31 	activity in the areas of new technology review, 
6.32 	technical assistance for local governments, 
6.33 	and enforcement under Minnesota Statutes, 
6.34 	sections 115.55 to 115.58, and to complete the 
7.1 	requirements of Laws 2003, chapter 128, 
7.2 	article 1, section 165.
7.3 	(e) Notwithstanding Minnesota Statutes, 
7.4 	section 16A.28, the appropriations 
7.5 	encumbered on or before June 30, 2019, as 
7.6 	grants or contracts for subsurface sewage 
7.7 	treatment systems, surface water and 
7.8 	groundwater assessments, storm water, and 
7.9 	water-quality protection in this subdivision 
7.10 	are available until June 30, 2022.

7.11	Subd. 5.Operations
 		5,339,000
		5,040,000

7.12	Appropriations by Fund
	
7.13		2018
	2019
	
7.14	Environmental
	4,575,000
	4,275,000
	
7.15	Remediation
	764,000
	765,000
	
7.16 	(a) $174,000 the first year and $174,000 the 
7.17 	second year are from the remediation fund for 
7.18 	purposes of the leaking underground storage 
7.19 	tank program to investigate, clean up, and 
7.20 	prevent future releases from underground 
7.21 	petroleum storage tanks, and to the petroleum 
7.22 	remediation program for vapor assessment 
7.23 	and remediation. These same annual amounts 
7.24 	are transferred from the  petroleum tank fund 
7.25 	to the remediation fund.
7.26 	(b) $400,000 the first year and $400,000 the 
7.27 	second  year are from the environmental fund 
7.28 	to develop and maintain systems to support 
7.29 	permitting and  regulatory business processes 
7.30 	and agency data.
7.31 	(c) $300,000 the first year is from the 
7.32 	environmental fund for a grant to the 
7.33 	Metropolitan Council under Minnesota 
7.34 	Statutes, section 116.195, for wastewater 
7.35 	infrastructure to support waste to biofuel 
8.1 	development. This is a onetime appropriation 
8.2 	and is available until June 30, 2019.

8.3	Subd. 6.Remediation
 		14,645,000
		10,644,000

8.4	Appropriations by Fund
	
8.5		2018
	2019
	
8.6	Environmental
	904,000
	904,000
	
8.7	Remediation
	9,741,000
	9,740,000
	
8.8
8.9	Closed Landfill 
Investment
	4,000,000
	-0-
	
8.10 	(a) All money for environmental response, 
8.11 	compensation, and compliance in the 
8.12 	remediation fund not otherwise appropriated 
8.13 	is appropriated to the commissioners of the 
8.14 	Pollution Control Agency and agriculture for 
8.15 	purposes of Minnesota Statutes, section 
8.16 	115B.20, subdivision 2, clauses (1), (2), (3), 
8.17 	(6), and (7). At the beginning of each fiscal 
8.18 	year, the two commissioners shall jointly 
8.19 	submit an annual spending plan to the 
8.20 	commissioner of management and budget that 
8.21 	maximizes the use of resources and 
8.22 	appropriately allocates the money between the 
8.23 	two departments. This appropriation is 
8.24 	available until June 30, 2019.
8.25 	(b) $432,000 the first year and $432,000 the 
8.26 	second year are from the environmental fund 
8.27 	to manage contaminated sediment projects at 
8.28 	multiple sites identified in the St. Louis River 
8.29 	remedial action plan to restore water quality 
8.30 	in the St. Louis River area of concern. The 
8.31 	base budget for fiscal year 2020 is $432,000 
8.32 	and for fiscal year 2021 is $0.
8.33 	(c) $3,521,000 the first year and $3,520,000 
8.34 	the second year are from the remediation fund 
8.35 	for purposes of the leaking underground 
9.1 	storage  tank program to investigate, clean up, 
9.2 	and prevent future releases from underground 
9.3 	petroleum storage tanks, and to the petroleum 
9.4 	remediation program for purposes of vapor 
9.5 	assessment and remediation. These same 
9.6 	annual amounts are transferred from the 
9.7 	petroleum tank fund to the remediation fund.
9.8 	(d) $252,000 the first year and $252,000 the 
9.9 	second year are from the remediation fund for 
9.10 	transfer to the commissioner of health for 
9.11 	private water-supply monitoring and health 
9.12 	assessment costs in areas contaminated by 
9.13 	unpermitted mixed municipal solid waste 
9.14 	disposal facilities and drinking water 
9.15 	advisories and public information activities 
9.16 	for areas contaminated by hazardous releases.
9.17 	(e) Notwithstanding Minnesota Statutes, 
9.18 	section 115B.421, $4,000,000 the first year is 
9.19 	from the closed landfill investment fund for 
9.20 	remedial investigations, feasibility studies, 
9.21 	engineering, and cleanup-related activities for 
9.22 	purposes of environmental response actions 
9.23 	at a priority qualified facility under Minnesota 
9.24 	Statutes, section 115B.406. By January 15, 
9.25 	2018, the commissioner must submit a status 
9.26 	report to the chairs and ranking minority 
9.27 	members of the house of representatives and 
9.28 	senate committees and divisions with 
9.29 	jurisdiction over the environment and natural 
9.30 	resources. This is a onetime appropriation and 
9.31 	is available until June 30, 2019.

9.32	Subd. 7.Resource Management and Assistance
 		33,137,000
		33,119,000

9.33	Appropriations by Fund
	
9.34		2018
	2019
	
9.35
9.36	State Government 
Special Revenue
	75,000
	75,000
	
10.1	Environmental
	33,062,000
	33,044,000
	
10.2 	(a) Up to $150,000 the first year and $150,000 
10.3 	the second year may be transferred from the  
10.4 	environmental fund to the small business 
10.5 	environmental improvement loan account 
10.6 	established in Minnesota Statutes, section 
10.7 	116.993.
10.8 	(b) $500,000 the first year and $500,000 the 
10.9 	second year are from the environmental fund 
10.10 	for competitive recycling grants under 
10.11 	Minnesota Statutes, section 115A.565. This 
10.12 	appropriation is available until June 30, 2021. 
10.13 	Any unencumbered grant and loan balances 
10.14 	in the first year do not cancel but are available 
10.15 	for grants and loans in the second year.
10.16 	(c) $693,000 the first year and $693,000 the 
10.17 	second year are from the environmental fund 
10.18 	for emission reduction activities and grants to 
10.19 	small businesses and other nonpoint emission 
10.20 	reduction efforts. Any unencumbered grant 
10.21 	and loan balances in the first year do not 
10.22 	cancel but are available for grants and loans 
10.23 	in the second year.
10.24 	(d) $19,750,000 the first year and $19,750,000 
10.25 	the second year are from the environmental 
10.26 	fund for SCORE block grants to counties.
10.27 	(e) $119,000 the first year and $119,000 the 
10.28 	second year are from the environmental fund 
10.29 	for environmental assistance grants or loans 
10.30 	under Minnesota Statutes, section 115A.0716. 
10.31 	Any unencumbered grant and loan balances 
10.32 	in the first year do not cancel but are available 
10.33 	for grants and loans in the second year.
11.1 	(f) $68,000 the first year and $69,000 the 
11.2 	second year are from the environmental fund 
11.3 	for subsurface sewage treatment system 
11.4 	(SSTS) program administration and 
11.5 	community technical assistance and education, 
11.6 	including grants and technical assistance to 
11.7 	communities for water-quality protection.
11.8 	(g) $125,000 the first year and $126,000 the 
11.9 	second year are from the environmental fund 
11.10 	to address the need for continued increased 
11.11 	activity in the areas of new technology review, 
11.12 	technical assistance for local governments, 
11.13 	and enforcement under Minnesota Statutes, 
11.14 	sections 115.55 to 115.58, and to complete the 
11.15 	requirements of Laws 2003, chapter 128, 
11.16 	article 1, section 165.
11.17 	(h) All money deposited in the environmental 
11.18 	fund for the metropolitan solid waste landfill 
11.19 	fee in accordance with Minnesota Statutes, 
11.20 	section 473.843, and not otherwise 
11.21 	appropriated, is appropriated for the purposes 
11.22 	of Minnesota Statutes, section 473.844.
11.23 	(i) Notwithstanding Minnesota Statutes, 
11.24 	section 16A.28, the appropriations 
11.25 	encumbered on or before June 30, 2019, as 
11.26 	contracts or grants for environmental 
11.27 	assistance awarded under Minnesota Statutes, 
11.28 	section 115A.0716; technical and research 
11.29 	assistance under Minnesota Statutes, section 
11.30 	115A.152; technical assistance under 
11.31 	Minnesota Statutes, section 115A.52; and 
11.32 	pollution prevention assistance under 
11.33 	Minnesota Statutes, section 115D.04, are 
11.34 	available until June 30, 2021.
12.1 	(j) $20,000 the first year is from the 
12.2 	environmental fund for four grants to local 
12.3 	units of government to assist with plastic bag 
12.4 	recycling efforts. Two of the grants must be 
12.5 	for local units of government in urban areas 
12.6 	and two of the grants to local units of 
12.7 	government in rural areas of the state. By 
12.8 	January 15, 2018, grantees shall report to the 
12.9 	commissioner on the activities and results of 
12.10 	their efforts to increase plastic bag recycling. 
12.11 	This is a onetime appropriation.

12.12	Subd. 8.Watershed
 		9,220,000
		9,220,000

12.13	Appropriations by Fund
	
12.14		2018
	2019
	
12.15	Environmental
	9,002,000
	9,002,000
	
12.16	Remediation
	218,000
	218,000
	
12.17 	(a) $1,959,000 the first year and $1,959,000 
12.18 	the second year are from the environmental 
12.19 	fund for grants to delegated counties to 
12.20 	administer the county feedlot program under 
12.21 	Minnesota Statutes, section 116.0711, 
12.22 	subdivisions 2 and 3. Money remaining after 
12.23 	the first year is available for the second year.
12.24 	(b) $207,000 the first year and $207,000 the 
12.25 	second year are from the environmental fund 
12.26 	for the costs of implementing general 
12.27 	operating permits for feedlots over 1,000 
12.28 	animal units.
12.29 	(c) $118,000 the first year and $118,000 the 
12.30 	second year are from the remediation fund for 
12.31 	purposes of the leaking underground storage 
12.32 	tank program to investigate, clean up, and 
12.33 	prevent future releases from underground  
12.34 	petroleum storage tanks, and to the petroleum 
12.35 	remediation program for vapor assessment 
13.1 	and remediation. These same annual amounts 
13.2 	are transferred from the petroleum tank fund 
13.3 	to the remediation fund.

13.4	Subd. 9.Environmental Quality Board
 		1,014,000
		1,014,000
	
13.5 	(a) $511,000 the first year and $511,000 the 
13.6 	second year are from the environmental fund 
13.7 	for Environmental Quality Board operations 
13.8 	and support.
13.9 	(b) $503,000 the first year and $503,000 the 
13.10 	second year are from the environmental fund 
13.11 	for the Environmental Quality Board to lead 
13.12 	an interagency team to provide technical 
13.13 	assistance regarding the mining, processing, 
13.14 	and transporting of silica sand. Of this amount, 
13.15 	up to $75,000 each year may be transferred to 
13.16 	the commissioner of natural resources to 
13.17 	review the implementation of the rules adopted 
13.18 	by the commissioner pursuant to Laws 2013, 
13.19 	chapter 114, article 4, section 105, paragraph 
13.20 	(b), pertaining to the reclamation of silica sand 
13.21 	mines, to ensure that local government 
13.22 	reclamation programs are implemented in a 
13.23 	manner consistent with the rules.

13.24	Subd. 10.Transfers
 					
13.25 	(a) The commissioner shall transfer up to 
13.26 	$34,000,000 from the environmental fund to 
13.27 	the remediation fund for the purposes of the 
13.28 	remediation fund under Minnesota Statutes, 
13.29 	section 116.155, subdivision 2.
13.30 	(b) The commissioner shall transfer 
13.31 	$2,800,000 in fiscal year 2018 and $2,500,000 
13.32 	in fiscal year 2019 and each year thereafter  
13.33 	from the environmental fund in Minnesota 
13.34 	Statutes, section 16A.531, to the commissioner 
14.1 	of management and budget for deposit in the 
14.2 	general fund.

14.3	Sec. 3. NATURAL RESOURCES

14.4	Subdivision 1.Total Appropriation
 	$
	273,360,000
	$
	270,668,000

14.5	Appropriations by Fund
	
14.6		2018
	2019
	
14.7	General
	79,515,000
	77,173,000
	
14.8	Natural Resources
	95,253,000
	94,953,000
	
14.9	Game and Fish
	98,292,000
	98,242,000
	
14.10	Remediation
	100,000
	100,000
	
14.11	Permanent School
	200,000
	200,000
	
14.12 	The amounts that may be spent for each 
14.13 	purpose are specified in the following 
14.14 	subdivisions.

14.15
14.16	Subd. 2.Land and Mineral Resources 
Management
 		5,646,000
		5,646,000

14.17	Appropriations by Fund
	
14.18		2018
	2019
	
14.19	General
	1,710,000
	1,710,000
	
14.20	Natural Resources
	3,392,000
	3,392,000
	
14.21	Game and Fish
	344,000
	344,000
	
14.22	Permanent School
	200,000
	200,000
	
14.23 	(a) $319,000 the first year and $319,000 the 
14.24 	second year are for environmental research 
14.25 	relating to mine permitting, of which $200,000 
14.26 	each year is from the minerals management 
14.27 	account and $119,000 each year is from the 
14.28 	general fund.
14.29 	(b) $2,815,000 the first year and $2,815,000 
14.30 	the second year are from the minerals 
14.31 	management account in the natural resources 
14.32 	fund for use as provided in Minnesota Statutes, 
14.33 	section 93.2236, paragraph (c), for mineral 
14.34 	resource management, projects to enhance 
15.1 	future mineral income, and projects to promote 
15.2 	new mineral resource opportunities.
15.3 	(c) $200,000 the first year and $200,000 the 
15.4 	second year are from the state forest suspense 
15.5 	account in the permanent school fund to secure 
15.6 	maximum long-term economic return from 
15.7 	the school trust lands consistent with fiduciary 
15.8 	responsibilities and sound natural resources 
15.9 	conservation and management principles.
15.10 	(d) $125,000 the first year and $125,000 the 
15.11 	second year are for conservation easement 
15.12 	stewardship.

15.13	Subd. 3.Ecological and Water Resources
 		32,930,000
		32,763,000

15.14	Appropriations by Fund
	
15.15		2018
	2019
	
15.16	General
	17,213,000
	17,046,000
	
15.17	Natural Resources
	10,826,000
	10,826,000
	
15.18	Game and Fish
	4,891,000
	4,891,000
	
15.19 	(a) $3,242,000 the first year and $3,242,000 
15.20 	the second year are from the invasive species 
15.21 	account in the natural resources fund and 
15.22 	$3,206,000 the first year and $3,206,000 the 
15.23 	second year are from the general fund for 
15.24 	management, public awareness, assessment 
15.25 	and monitoring research, and water access 
15.26 	inspection to prevent the spread of invasive 
15.27 	species; management of invasive plants in 
15.28 	public waters; and management of terrestrial 
15.29 	invasive species on state-administered lands.
15.30 	(b) $5,000,000 the first year and $5,000,000 
15.31 	the second year are from the water 
15.32 	management account in the natural resources 
15.33 	fund for only the purposes specified in 
15.34 	Minnesota Statutes, section 103G.27, 
15.35 	subdivision 2.
16.1 	(c) $124,000 the first year and $124,000 the 
16.2 	second year are for a grant to the Mississippi 
16.3 	Headwaters Board for up to 50 percent of the 
16.4 	cost of implementing the comprehensive plan 
16.5 	for the upper Mississippi within areas under 
16.6 	the board's jurisdiction.
16.7 	(d) $10,000 the first year and $10,000 the 
16.8 	second year are for payment to the Leech Lake 
16.9 	Band of Chippewa Indians to implement the 
16.10 	band's portion of the comprehensive plan for 
16.11 	the upper Mississippi.
16.12 	(e) $264,000 the first year and $264,000 the 
16.13 	second year are for grants for up to 50 percent 
16.14 	of the cost of implementation of the Red River 
16.15 	mediation agreement.
16.16 	(f) $2,018,000 the first year and $2,018,000 
16.17 	the second year are from the heritage 
16.18 	enhancement account in the game and fish 
16.19 	fund for only the purposes specified in 
16.20 	Minnesota Statutes, section 297A.94, 
16.21 	paragraph (e), clause (1).
16.22 	(g) $950,000 the first year and $950,000 the 
16.23 	second year are from the nongame wildlife 
16.24 	management account in the natural resources 
16.25 	fund for the purpose of nongame wildlife 
16.26 	management. Notwithstanding Minnesota 
16.27 	Statutes, section 290.431, $100,000 the first 
16.28 	year and $100,000 the second year may be 
16.29 	used for nongame wildlife information, 
16.30 	education, and promotion.
16.31 	(h) Notwithstanding Minnesota Statutes, 
16.32 	section 84.943, $13,000 the first year and 
16.33 	$13,000 the second year from the critical 
16.34 	habitat private sector matching account may 
17.1 	be used to publicize the critical habitat license 
17.2 	plate match program.
17.3 	(i) $6,000,000 the first year and $6,000,000 
17.4 	the second year are from the general fund for 
17.5 	the following activities:
17.6 	(1) financial reimbursement and technical 
17.7 	support to soil and water conservation districts 
17.8 	or other local units of government for 
17.9 	groundwater level monitoring;
17.10 	(2) surface water monitoring and analysis, 
17.11 	including installation of monitoring gauges;
17.12 	(3) groundwater analysis to assist with water 
17.13 	appropriation permitting decisions;
17.14 	(4) permit application review incorporating 
17.15 	surface water and groundwater technical 
17.16 	analysis;
17.17 	(5) precipitation data and analysis to improve 
17.18 	the use of irrigation;
17.19 	(6) information technology, including 
17.20 	electronic permitting and integrated data 
17.21 	systems; and
17.22 	(7) compliance and monitoring.
17.23 	(j) $167,000 the first year is for a grant to the 
17.24 	Koronis Lake Association for purposes of 
17.25 	removing and preventing aquatic invasive 
17.26 	species. This is a onetime appropriation and 
17.27 	is available until June 30, 2022.
17.28 	(k) $250,000 the first year and $250,000 the 
17.29 	second year are from the water management 
17.30 	account in the natural resources fund for 
17.31 	economic impact analysis of groundwater 
17.32 	management area and water appropriation 
17.33 	permit plans required under Minnesota 
18.1 	Statutes, sections 103G.271, subdivision 8, 
18.2 	and 103G.287, subdivision 4.
18.3 	(l) $410,000 the first year and $410,000 the 
18.4 	second year are from the heritage enhancement 
18.5 	account in the game and fish fund for grants 
18.6 	to the Minnesota Aquatic Invasive Species 
18.7 	Research Center at the University of 
18.8 	Minnesota to prioritize, support, and develop 
18.9 	research-based solutions that can reduce the 
18.10 	effects of aquatic invasive species in 
18.11 	Minnesota by preventing spread, controlling 
18.12 	populations, and managing ecosystems and to 
18.13 	advance knowledge to inspire action by others.

18.14	Subd. 4.Forest Management
 		45,781,000
		45,281,000

18.15	Appropriations by Fund
	
18.16		2018
	2019
	
18.17	General
	28,350,000
	28,350,000
	
18.18	Natural Resources
	16,144,000
	15,644,000
	
18.19	Game and Fish
	1,287,000
	1,287,000
	
18.20 	(a) $7,145,000 the first year and $7,145,000 
18.21 	the second year are for prevention, 
18.22 	presuppression, and suppression costs of 
18.23 	emergency firefighting and other costs 
18.24 	incurred under Minnesota Statutes, section 
18.25 	88.12. The amount necessary to pay for 
18.26 	presuppression and suppression costs during 
18.27 	the biennium is appropriated from the general 
18.28 	fund. By January 15 of each year, the 
18.29 	commissioner of natural resources shall submit 
18.30 	a report to the chairs and ranking minority 
18.31 	members of the house and senate committees 
18.32 	and divisions having jurisdiction over 
18.33 	environment and natural resources finance, 
18.34 	identifying all firefighting costs incurred and 
18.35 	reimbursements received in the prior fiscal 
19.1 	year. These appropriations may not be 
19.2 	transferred. Any reimbursement of firefighting 
19.3 	expenditures made to the commissioner from 
19.4 	any source other than federal mobilizations 
19.5 	must be deposited into the general fund.
19.6 	(b) $11,644,000 the first year and $11,644,000 
19.7 	the second year are from the forest 
19.8 	management investment account in the natural 
19.9 	resources fund for only the purposes specified 
19.10 	in Minnesota Statutes, section 89.039, 
19.11 	subdivision 2.
19.12 	(c) $1,287,000 the first year and $1,287,000 
19.13 	the second year are from the heritage 
19.14 	enhancement account in the game and fish 
19.15 	fund to advance ecological classification 
19.16 	systems (ECS) scientific management tools 
19.17 	for forest and invasive species management.
19.18 	(d) $780,000 the first year and $780,000 the 
19.19 	second year are for the Forest Resources 
19.20 	Council to implement the Sustainable Forest 
19.21 	Resources Act.
19.22 	(e) $500,000 the first year is from the forest 
19.23 	management investment account in the natural 
19.24 	resources fund for a study of the ability to 
19.25 	sustainably harvest at least 1,000,000 cords 
19.26 	of wood annually on state-administered forest 
19.27 	lands. No later than January 2, 2018, the 
19.28 	commissioner must report the study's findings 
19.29 	to the legislative committees with jurisdiction 
19.30 	over environment and natural resources policy 
19.31 	and finance. This is a onetime appropriation.
19.32 	(f) $2,000,000 the first year and $2,000,000 
19.33 	the second year are from the forest 
19.34 	management investment account in the natural 
20.1 	resources fund for state forest reforestation. 
20.2 	The base from the forest management 
20.3 	investment account in the natural resources 
20.4 	fund for fiscal year 2020 and later is 
20.5 	$1,250,000.
20.6 	(g) $2,000,000 the first year and $2,000,000 
20.7 	the second year are from the forest 
20.8 	management investment account in the natural 
20.9 	resources fund for the Next Generation Core 
20.10 	Forestry data system. The appropriation is 
20.11 	available until June 30, 2021. The base from 
20.12 	the forest management investment account in 
20.13 	the natural resources fund for fiscal year 2020 
20.14 	and later is $500,000.
20.15 	(h) The base for the natural resources fund in 
20.16 	fiscal year 2020 and later is $13,394,000.

20.17	Subd. 5.Parks and Trails Management
 		79,805,000
		79,750,000

20.18	Appropriations by Fund
	
20.19		2018
	2019
	
20.20	General
	25,182,000
	24,927,000
	
20.21	Natural Resources
	52,350,000
	52,550,000
	
20.22	Game and Fish
	2,273,000
	2,273,000
	
20.23 	(a) $1,075,000 the first year and $1,075,000 
20.24 	the second year are from the water recreation 
20.25 	account in the natural resources fund for 
20.26 	enhancing public water-access facilities.
20.27 	(b) $5,740,000 the first year and $5,740,000 
20.28 	the second year are from the natural resources 
20.29 	fund for state trail, park, and recreation area 
20.30 	operations. This appropriation is from the 
20.31 	revenue deposited in the natural resources fund 
20.32 	under Minnesota Statutes, section 297A.94, 
20.33 	paragraph (e), clause (2).
21.1 	(c) $17,350,000 the first year and $17,750,000 
21.2 	the second year are from the state parks 
21.3 	account in the natural resources fund for state 
21.4 	park and state recreation area operation and 
21.5 	maintenance.
21.6 	(d) $1,005,000 the first year and $1,005,000 
21.7 	the second year are from the natural resources 
21.8 	fund for park and trail grants to local units of 
21.9 	government on land to be maintained for at 
21.10 	least 20 years for the purposes of the grants. 
21.11 	This appropriation is from the revenue 
21.12 	deposited in the natural resources fund under 
21.13 	Minnesota Statutes, section 297A.94, 
21.14 	paragraph (e), clause (4). Any unencumbered 
21.15 	balance does not cancel at the end of the first 
21.16 	year and is available for the second year.
21.17 	(e) $130,000 the first year is from the general 
21.18 	fund, and $8,424,000 the first year and 
21.19 	$8,424,000 the second year are from the 
21.20 	snowmobile trails and enforcement account 
21.21 	in the natural resources fund for the 
21.22 	snowmobile grants-in-aid program. Any 
21.23 	unencumbered balance does not cancel at the 
21.24 	end of the first year and is available for the 
21.25 	second year.
21.26 	(f) $1,685,000 the first year and $1,685,000 
21.27 	the second year are from the natural resources 
21.28 	fund for the off-highway vehicle grants-in-aid 
21.29 	program. Of this amount, $1,210,000 the first 
21.30 	year and $1,210,000 the second year are from 
21.31 	the all-terrain vehicle account; $150,000 each 
21.32 	year is from the off-highway motorcycle 
21.33 	account; and $325,000 each year is from the 
21.34 	off-road vehicle account. Any unencumbered 
22.1 	balance does not cancel at the end of the first 
22.2 	year and is available for the second year.
22.3 	(g) $75,000 the first year and $75,000 the 
22.4 	second year are from the cross-country ski 
22.5 	account in the natural resources fund for 
22.6 	grooming and maintaining cross-country ski 
22.7 	trails in state parks, trails, and recreation areas.
22.8 	(h) $250,000 the first year and $250,000 the 
22.9 	second year are from the state land and water 
22.10 	conservation account in the natural resources 
22.11 	fund for priorities established by the 
22.12 	commissioner for eligible state projects and 
22.13 	administrative and planning activities 
22.14 	consistent with Minnesota Statutes, section 
22.15 	84.0264, and the federal Land and Water 
22.16 	Conservation Fund Act. Any unencumbered 
22.17 	balance does not cancel at the end of the first 
22.18 	year and is available for the second year.
22.19 	(i) $150,000 the first year is from the 
22.20 	all-terrain vehicle account in the natural 
22.21 	resources fund for a grant to the city of Orr to 
22.22 	predesign, design, and construct the Voyageur 
22.23 	all-terrain vehicle trail system, including:
22.24 	(1) design of the alignment for phase I of the 
22.25 	Voyageur all-terrain vehicle trail system and 
22.26 	development of a preliminary phase II 
22.27 	alignment;
22.28 	(2) completion of wetland delineation and 
22.29 	wetland permitting;
22.30 	(3) completion of the engineering design and 
22.31 	cost estimates for a snowmobile and 
22.32 	off-highway vehicle bridge over the Vermilion 
22.33 	River to establish a trail connection; and
23.1 	(4) completion of the master plan for the 
23.2 	Voyageur all-terrain vehicle trail system.
23.3 	This is a onetime appropriation and is 
23.4 	available until June 30, 2020.
23.5 	(j) $125,000 the first year is from the general 
23.6 	fund for all terrain vehicle grants-in-aid 
23.7 	program. This is a onetime appropriation.
23.8 	(k) $250,000 the first year and $250,000 the 
23.9 	second year are from the general fund for 
23.10 	matching grants for local parks and outdoor 
23.11 	recreation areas under Minnesota Statutes, 
23.12 	section 85.019, subdivision 2.
23.13 	(l) $250,000 the first year and $250,000 the 
23.14 	second year are from the general fund for 
23.15 	matching grants for local trail connections 
23.16 	under Minnesota Statutes, section 85.019, 
23.17 	subdivision 4c.
23.18 	(m) $50,000 the first year is from the 
23.19 	all-terrain vehicle account in the natural 
23.20 	resources fund for a grant to the city of 
23.21 	Virginia to assist the Virginia Area All-Terrain 
23.22 	Vehicle Club to plan, design, engineer, and 
23.23 	permit a comprehensive all-terrain vehicle 
23.24 	system in the Virginia area and to connect with 
23.25 	the Iron Range Off-Highway Vehicle 
23.26 	Recreation Area. This is a onetime 
23.27 	appropriation and is available until June 30, 
23.28 	2020.

23.29	Subd. 6.Fish and Wildlife Management
 		67,581,000
		67,531,000

23.30	Appropriations by Fund
	
23.31		2018
	2019
	
23.32	Natural Resources
	1,912,000
	1,912,000
	
23.33	Game and Fish
	65,669,000
	65,619,000
	
24.1 	(a) $8,167,000 the first year and $8,167,000 
24.2 	the second year are from the heritage 
24.3 	enhancement account in the game and fish 
24.4 	fund only for activities specified in Minnesota 
24.5 	Statutes, section 297A.94, paragraph (e), 
24.6 	clause (1). Notwithstanding Minnesota 
24.7 	Statutes, section 297A.94, five percent of this 
24.8 	appropriation may be used for expanding 
24.9 	hunter and angler recruitment and retention.
24.10 	(b) $30,000 the first year is from the heritage 
24.11 	enhancement account in the game and fish 
24.12 	fund for the commissioner of natural resources 
24.13 	to contract with a private entity to search for 
24.14 	a site to construct a world-class shooting range 
24.15 	and club house for use by the Minnesota State 
24.16 	High School League and for other regional, 
24.17 	statewide, national, and international shooting 
24.18 	events. The commissioner must provide public 
24.19 	notice of the search, including making the 
24.20 	public aware of the process through the 
24.21 	Department of Natural Resources' media 
24.22 	outlets, and solicit input on the location and 
24.23 	building options for the facility. The siting 
24.24 	search process must include a public process 
24.25 	to determine if any business or individual is 
24.26 	interested in donating land for the facility, 
24.27 	anticipated to be at least 500 acres. The site 
24.28 	search team must meet with interested third 
24.29 	parties affected by or interested in the facility. 
24.30 	The commissioner must submit a report with 
24.31 	the results of the site search to the chairs and 
24.32 	ranking minority members of the legislative 
24.33 	committees and divisions with jurisdiction 
24.34 	over environment and natural resources by 
24.35 	March 1, 2018. This is a onetime 
24.36 	appropriation.
25.1 	(c) $20,000 the first year is from the heritage 
25.2 	enhancement account in the game and fish 
25.3 	fund for a study on the effects of lead shot on 
25.4 	wildlife on state lands. By January 15, 2018, 
25.5 	the commissioner shall provide a report of the 
25.6 	study to the chairs and ranking minority 
25.7 	members of the legislative committees with 
25.8 	jurisdiction over natural resources policy and 
25.9 	finance. This is a onetime appropriation.

25.10	Subd. 7.Enforcement
 		39,377,000
		39,377,000

25.11	Appropriations by Fund
	
25.12		2018
	2019
	
25.13	General
	5,140,000
	5,140,000
	
25.14	Natural Resources
	10,309,000
	10,309,000
	
25.15	Game and Fish
	23,828,000
	23,828,000
	
25.16	Remediation
	100,000
	100,000
	
25.17 	(a) $1,718,000 the first year and $1,718,000 
25.18 	the second year are from the general fund for 
25.19 	enforcement efforts to prevent the spread of 
25.20 	aquatic invasive species.
25.21 	(b) $1,580,000 the first year and $1,580,000 
25.22 	the second year are from the heritage 
25.23 	enhancement account in the game and fish 
25.24 	fund for only the purposes specified in 
25.25 	Minnesota Statutes, section 297A.94, 
25.26 	paragraph (e), clause (1).
25.27 	(c) $1,082,000 the first year and $1,082,000 
25.28 	the second year are from the water recreation 
25.29 	account in the natural resources fund for grants 
25.30 	to counties for boat and water safety. Any 
25.31 	unencumbered balance does not cancel at the 
25.32 	end of the first year and is available for the 
25.33 	second year.
25.34 	(d) $315,000 the first year and $315,000 the 
25.35 	second year are from the snowmobile trails 
26.1 	and enforcement account in the natural 
26.2 	resources fund for grants to local law 
26.3 	enforcement agencies for snowmobile 
26.4 	enforcement activities. Any unencumbered 
26.5 	balance does not cancel at the end of the first 
26.6 	year and is available for the second year.
26.7 	(e) $250,000 the first year and $250,000 the 
26.8 	second year are from the all-terrain vehicle 
26.9 	account for grants to qualifying organizations 
26.10 	to assist in safety and environmental education 
26.11 	and monitoring trails on public lands under 
26.12 	Minnesota Statutes, section 84.9011. Grants 
26.13 	issued under this paragraph must be issued 
26.14 	through a formal agreement with the 
26.15 	organization. By December 15 each year, an 
26.16 	organization receiving a grant under this 
26.17 	paragraph shall report to the commissioner 
26.18 	with details on expenditures and outcomes 
26.19 	from the grant. Of this appropriation, $25,000 
26.20 	each year is for administration of these grants. 
26.21 	Any unencumbered balance does not cancel 
26.22 	at the end of the first year and is available for 
26.23 	the second year.
26.24 	(f) $510,000 the first year and $510,000 the 
26.25 	second year are from the natural resources 
26.26 	fund for grants to county law enforcement 
26.27 	agencies for off-highway vehicle enforcement 
26.28 	and public education activities based on 
26.29 	off-highway vehicle use in the county. Of this 
26.30 	amount, $498,000 each year is from the 
26.31 	all-terrain vehicle account; $11,000 each year 
26.32 	is from the off-highway motorcycle account; 
26.33 	and $1,000 each year is from the off-road 
26.34 	vehicle account. The county enforcement 
26.35 	agencies may use money received under this 
27.1 	appropriation to make grants to other local 
27.2 	enforcement agencies within the county that 
27.3 	have a high concentration of off-highway 
27.4 	vehicle use. Of this appropriation, $25,000 
27.5 	each year is for administration of these grants. 
27.6 	Any unencumbered balance does not cancel 
27.7 	at the end of the first year and is available for 
27.8 	the second year.
27.9 	(g) $1,000,000 each year is for recruiting, 
27.10 	training, and maintaining additional 
27.11 	conservation officers.
27.12 	(h) The commissioner may hold a conservation 
27.13 	officer academy if necessary.

27.14	Subd. 8.Operations Support
 		1,920,000
		0
	
27.15 	$1,920,000 the first year is available for legal 
27.16 	costs. Of this amount, up to $500,000 may be 
27.17 	transferred to the Minnesota Pollution Control 
27.18 	Agency. This is a onetime appropriation and 
27.19 	is available until June 30, 2021.

27.20	Subd. 9.Pass Through Funds
 		320,000
		320,000

27.21	Appropriations by Fund
	
27.22		2018
	2019
	
27.23	Natural Resources
	320,000
	320,000
	
27.24 	$320,000 the first year and $320,000 the 
27.25 	second year are from the natural resources 
27.26 	fund for grants to be divided equally between 
27.27 	the city of St. Paul for the Como Park Zoo and 
27.28 	Conservatory and the city of Duluth for the 
27.29 	Duluth Zoo. This appropriation is from the 
27.30 	revenue deposited to the natural resources fund 
27.31 	under Minnesota Statutes, section 297A.94, 
27.32 	paragraph (e), clause (5).

27.33	Subd. 10.Cancellation
 					
28.1 	The remaining amount of the general fund 
28.2 	appropriation in Laws 2016, chapter 189, 
28.3 	article 3, section 3, subdivision 3, for a grant 
28.4 	to the Koronis Lake Association, estimated to 
28.5 	be $167,000, is canceled on June 30, 2017.
28.6 	This subdivision is effective the day following 
28.7 	final enactment.

28.8
28.9	Sec. 4. BOARD OF WATER AND SOIL 
RESOURCES
 	$
	13,829,000
	$
	13,529,000
	
28.10 	(a) $3,423,000 the first year and $3,423,000 
28.11 	the second year are for natural resources block 
28.12 	grants to local governments. Grants must be 
28.13 	matched with a combination of local cash or 
28.14 	in-kind contributions. The base grant portion 
28.15 	related to water planning must be matched by 
28.16 	an amount as specified by Minnesota Statutes, 
28.17 	section 103B.3369. The board may reduce the 
28.18 	amount of the natural resources block grant 
28.19 	to a county by an amount equal to any 
28.20 	reduction in the county's general services 
28.21 	allocation to a soil and water conservation 
28.22 	district from the county's previous year 
28.23 	allocation when the board determines that the 
28.24 	reduction was disproportionate.
28.25 	(b) $3,116,000 the first year and $3,116,000 
28.26 	the second year are for grants to soil and water 
28.27 	conservation districts for the purposes of 
28.28 	Minnesota Statutes, sections 103C.321 and 
28.29 	103C.331, and for general purposes, nonpoint 
28.30 	engineering, and implementation and 
28.31 	stewardship of the reinvest in Minnesota 
28.32 	reserve program. Expenditures may be made 
28.33 	from these appropriations for supplies and 
28.34 	services benefiting soil and water conservation 
28.35 	districts. Any district receiving a payment 
29.1 	under this paragraph shall maintain a Web 
29.2 	page that publishes, at a minimum, its annual 
29.3 	report, annual audit, annual budget, and 
29.4 	meeting notices.
29.5 	(c) $260,000 the first year and $260,000 the 
29.6 	second year are for feedlot water quality cost 
29.7 	share grants for feedlots under 300 animal 
29.8 	units and nutrient and manure management 
29.9 	projects in watersheds where there are 
29.10 	impaired waters.
29.11 	(d) $1,200,000 the first year and $1,200,000 
29.12 	the second year are for soil and water 
29.13 	conservation district cost-sharing contracts for 
29.14 	perennially vegetated riparian buffers, erosion 
29.15 	control, water retention and treatment, and 
29.16 	other high-priority conservation practices.
29.17 	(e) $100,000 the first year and $100,000 the 
29.18 	second year are for county cooperative weed 
29.19 	management cost-share programs and to 
29.20 	restore native plants in selected invasive 
29.21 	species management sites.
29.22 	(f) $761,000 the first year and $761,000 the 
29.23 	second year are for implementation, 
29.24 	enforcement, and oversight of the Wetland 
29.25 	Conservation Act, including administration of 
29.26 	the wetland banking program and in-lieu fee 
29.27 	mechanism.
29.28 	(g) $300,000 the first year is for improving 
29.29 	the efficiency and effectiveness of Minnesota's 
29.30 	wetland regulatory programs through 
29.31 	continued examination of United States Clean 
29.32 	Water Act section 404 assumption including 
29.33 	negotiation of draft agreements with the 
29.34 	United States Environmental Protection 
30.1 	Agency and the United States Army Corps of 
30.2 	Engineers, planning for an online permitting 
30.3 	system, upgrading the existing wetland 
30.4 	banking database, and developing an in-lieu 
30.5 	fee wetland banking program as authorized 
30.6 	by statute. This is a onetime appropriation.
30.7 	(h) $166,000 the first year and $166,000 the 
30.8 	second year are to provide technical assistance 
30.9 	to local drainage management officials and 
30.10 	for the costs of the Drainage Work Group.
30.11 	(i) $100,000 the first year and $100,000 the 
30.12 	second year are for a grant to the Red River 
30.13 	Basin Commission for water quality and 
30.14 	floodplain management, including 
30.15 	administration of programs. This appropriation 
30.16 	must be matched by nonstate funds. If the 
30.17 	appropriation in either year is insufficient, the 
30.18 	appropriation in the other year is available for 
30.19 	it.
30.20 	(j) $140,000 the first year and $140,000 the 
30.21 	second year are for grants to Area II 
30.22 	Minnesota River Basin Projects for floodplain 
30.23 	management.
30.24 	(k) $125,000 the first year and $125,000 the 
30.25 	second year are for conservation easement 
30.26 	stewardship.
30.27 	(l) $240,000 the first year and $240,000 the 
30.28 	second year are for a grant to the Lower 
30.29 	Minnesota River Watershed District to defray 
30.30 	the annual cost of operating and maintaining 
30.31 	sites for dredge spoil to sustain the state, 
30.32 	national, and international commercial and 
30.33 	recreational navigation on the lower Minnesota 
30.34 	River.
31.1 	(m) $3,898,000 the first year and $3,898,000 
31.2 	the second year are for Board of Water and 
31.3 	Soil Resources agency administration and 
31.4 	operations.
31.5 	(n) Notwithstanding Minnesota Statutes, 
31.6 	section 103C.501, the board may shift 
31.7 	cost-share funds in this section and may adjust 
31.8 	the technical and administrative assistance 
31.9 	portion of the grant funds to leverage federal 
31.10 	or other nonstate funds or to address 
31.11 	high-priority needs identified in local water 
31.12 	management plans or comprehensive water 
31.13 	management plans.
31.14 	(o) The appropriations for grants in this section 
31.15 	are available until June 30, 2021. If an 
31.16 	appropriation for grants in either year is 
31.17 	insufficient, the appropriation in the other year 
31.18 	is available for it.
31.19 	(p) Notwithstanding Minnesota Statutes, 
31.20 	section 16B.97, the appropriations for grants 
31.21 	in this section are exempt from Department 
31.22 	of Administration, Office of Grants 
31.23 	Management Policy 08-10 Grant Monitoring.

31.24	Sec. 5. METROPOLITAN COUNCIL
 	$
	8,540,000
	$
	8,540,000

31.25	Appropriations by Fund
	
31.26		2018
	2019
	
31.27	General
	2,540,000
	2,540,000
	
31.28	Natural Resources
	6,000,000
	6,000,000
	
31.29 	(a) $2,540,000 the first year and $2,540,000 
31.30 	the second year are for metropolitan area 
31.31 	regional parks operation and maintenance 
31.32 	according to Minnesota Statutes, section 
31.33 	473.351.
32.1 	(b) $6,000,000 the first year and $6,000,000 
32.2 	the second year are from the natural resources 
32.3 	fund for metropolitan area regional parks and 
32.4 	trails maintenance and operations. This 
32.5 	appropriation is from the revenue deposited 
32.6 	in the natural resources fund under Minnesota 
32.7 	Statutes, section 297A.94, paragraph (e), 
32.8 	clause (3).

32.932.10
	Sec. 6. CONSERVATION CORPS 
MINNESOTA
 	$
	945,000
	$
	945,000

32.11	Appropriations by Fund
	
32.12		2018
	2019
	
32.13	General
	455,000
	455,000
	
32.14	Natural Resources
	490,000
	490,000
	
32.15 	Conservation Corps Minnesota may receive 
32.16 	money appropriated from the natural resources 
32.17 	fund under this section only as provided in an 
32.18 	agreement with the commissioner of natural 
32.19 	resources.

32.20	Sec. 7. ZOOLOGICAL BOARD
 	$
	8,610,000
	$
	8,610,000

32.21	Appropriations by Fund
	
32.22		2018
	2019
	
32.23	General
	8,450,000
	8,450,000
	
32.24	Natural Resources
	160,000
	160,000
	
32.25 	$160,000 the first year and $160,000 the 
32.26 	second year are from the natural resources 
32.27 	fund from the revenue deposited under 
32.28 	Minnesota Statutes, section 297A.94, 
32.29 	paragraph (e), clause (5).

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

32.31	Sec. 9. ADMINISTRATION
 	$
	800,000
	$
	300,000
	
33.1 	(a) $300,000 the first year and $300,000 the 
33.2 	second year are from the state forest suspense 
33.3 	account in the permanent school fund for the 
33.4 	school trust lands director. This appropriation 
33.5 	is to be used for securing long-term economic 
33.6 	return from the school trust lands consistent 
33.7 	with fiduciary responsibilities and sound 
33.8 	natural resources conservation and 
33.9 	management principles.
33.10 	(b) $500,000 the first year is from the state 
33.11 	forest suspense account in the permanent 
33.12 	school fund for the school trust lands director 
33.13 	to initiate the private sale of surplus school 
33.14 	trust lands identified according to Minnesota 
33.15 	Statutes, section 92.82, paragraph (d), 
33.16 	including but not limited to valuation 
33.17 	expenses, legal fees, and transactional staff 
33.18 	costs. This is a onetime appropriation and is 
33.19 	available until June 30, 2019.

33.20	Sec. 10. EXPLORE MINNESOTA TOURISM
 	$
	15,148,000
	$
	14,248,000
	
33.21 	(a) To develop maximum private sector 
33.22 	involvement in tourism, $500,000 the first 
33.23 	year and $500,000 the second year must be 
33.24 	matched by Explore Minnesota Tourism from 
33.25 	nonstate sources. Each $1 of state incentive 
33.26 	must be matched with $6 of private sector 
33.27 	funding. Cash match is defined as revenue to 
33.28 	the state or documented cash expenditures 
33.29 	directly expended to support Explore 
33.30 	Minnesota Tourism programs. Up to one-half 
33.31 	of the private sector contribution may be 
33.32 	in-kind or soft match. The incentive in fiscal 
33.33 	year 2018 shall be based on fiscal year 2017 
33.34 	private sector contributions. The incentive in 
33.35 	fiscal year 2019 shall be based on fiscal year 
34.1 	2018 private sector contributions. This 
34.2 	incentive is ongoing.
34.3 	(b) Funding for the marketing grants is 
34.4 	available either year of the biennium. 
34.5 	Unexpended grant funds from the first year 
34.6 	are available in the second year.
34.7 	(c) $100,000 each year is for a grant to the 
34.8 	Northern Lights International Music Festival.
34.9 	(d) $900,000 the first year is for the major 
34.10 	events grant program. This is a onetime 
34.11 	appropriation and is available until June 30, 
34.12 	2021.

34.13	Sec. 11. REVENUE
 	$
	0
	$
	2,300,000
	
34.14 	$2,300,000 the second year is for riparian 
34.15 	protection aid payments under Minnesota 
34.16 	Statutes, section 477A.21.

34.17 	Sec. 12. Laws 2016, chapter 189, article 3, section 6, is amended to read:

34.18	Sec. 6. ADMINISTRATION
 	$
	250,000
	$
	-0-
	
34.19 	$250,000 the first year is from the state forest 
34.20 	suspense account in the permanent school fund 
34.21 	for the school trust lands director to initiate 
34.22 	real estate development projects on school 
34.23 	trust lands as determined by the school trust 
34.24 	lands director. This is a onetime appropriation
34.25 	and is available until June 30, 2019.

34.26 	EFFECTIVE DATE. This section is effective the day following final enactment.

34.27 	ARTICLE 2
34.28 	ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES

34.29 	Section 1. Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision 
34.30 	to read:
35.1 		Subd. 6.Legal counsel. The commissioner of natural resources may appoint attorneys 
35.2 	or outside counsel to render title opinions, represent the department in severed mineral 
35.3 	interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute 
35.4 	to the contrary, represent the state in quiet title or title registration actions affecting land or 
35.5 	interests in land administered by the commissioner.

35.6 	Sec. 2. Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read:
35.7 		Subd. 14a.Permitting efficiency; public notice. (a) It is the goal of the state that 
35.8 	environmental and resource management permits be issued or denied within 90 days for 
35.9 	Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application. 
35.10 	The commissioner of natural resources shall establish management systems designed to 
35.11 	achieve the goal.
35.12 	(b) The commissioner shall prepare an annual permitting efficiency report that includes 
35.13 	statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit 
35.14 	categories. The report is due August 1 each year. For permit applications that have not met 
35.15 	the goal, the report must state the reasons for not meeting the goal. In stating the reasons 
35.16 	for not meeting the goal, the commissioner shall separately identify delays caused by the 
35.17 	responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the 
35.18 	level of public engagement. The report must specify the number of days from initial 
35.19 	submission of the application to the day of determination that the application is complete. 
35.20 	The report must aggregate the data for the year and assess whether program or system 
35.21 	changes are necessary to achieve the goal. The report must be posted on the department's 
35.22 	Web site and submitted to the governor and the chairs and ranking minority members of 
35.23 	the house of representatives and senate committees having jurisdiction over natural resources 
35.24 	policy and finance.
35.25 	(c) The commissioner shall allow electronic submission of environmental review and 
35.26 	permit documents to the department.
35.27 	(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject 
35.28 	to paragraph (a), the commissioner of natural resources shall notify the project proposer
35.29 	permit applicant, in writing, whether the application is complete or incomplete. If the 
35.30 	commissioner determines that an application is incomplete, the notice to the applicant must 
35.31 	enumerate all deficiencies, citing specific provisions of the applicable rules and statutes, 
35.32 	and advise the applicant on how the deficiencies can be remedied. If the commissioner 
35.33 	determines that the application is complete, the notice must confirm the application's Tier 
35.34 	1 or Tier 2 permit status and, upon request of the permit applicant of an individual Tier 2 
36.1 	permit, provide the permit applicant with a schedule for reviewing the permit application. 
36.2 	This paragraph does not apply to an application for a permit that is subject to a grant or loan 
36.3 	agreement under chapter 446A.
36.4 	(e) When public notice of a draft individual Tier 2 permit is required, the commissioner 
36.5 	must issue the notice with the draft permit within 150 days of receiving a completed permit 
36.6 	application unless the permit applicant and the commissioner mutually agree to a different 
36.7 	date. Upon request of the permit applicant, the commissioner must provide a copy of the 
36.8 	draft permit to the permit applicant and consider comments on the draft permit from the 
36.9 	permit applicant before issuing the public notice.

36.10 	Sec. 3. Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read:
36.11 		Subd. 14b.Expediting costs; reimbursement. Permit applicants who wish to construct, 
36.12 	reconstruct, modify, or operate a facility needing any permit from the commissioner of 
36.13 	natural resources to construct, reconstruct, or modify a project or to operate a facility may 
36.14 	offer to reimburse the department for the reasonable costs of staff time or consultant services
36.15 	needed to expedite the preapplication process and permit development process through the 
36.16 	final decision on the permit, including the analysis of environmental review documents. 
36.17 	The reimbursement shall be in addition to permit application fees imposed by law. When 
36.18 	the commissioner determines that additional resources are needed to develop the permit 
36.19 	application in an expedited manner, and that expediting the development is consistent with 
36.20 	permitting program priorities, the commissioner may accept the reimbursement. The 
36.21 	commissioner must give the permit applicant an estimate of costs for the expedited service 
36.22 	to be incurred by the commissioner. The estimate must include a brief description of the 
36.23 	tasks to be performed, a schedule for completing the tasks, and the estimated cost for each 
36.24 	task. The proposer and the commissioner shall enter into a written agreement detailing the 
36.25 	estimated costs for the expedited service to be incurred by the department and any recourse 
36.26 	available to the applicant if the department fails to comply with the schedule. The agreement 
36.27 	must also identify staff anticipated to be assigned to the project and describe the 
36.28 	commissioner's commitment to making assigned staff available for the project until the 
36.29 	permit decision is made. The commissioner must not issue a permit until the applicant has 
36.30 	paid all fees in full. The commissioner must refund any unobligated balance of fees paid. 
36.31 	Reimbursements accepted by the commissioner are appropriated to the commissioner for 
36.32 	the purpose of developing the permit or analyzing environmental review documents. 
36.33 	Reimbursement by a permit applicant shall precede and not be contingent upon issuance of 
36.34 	a permit; shall not affect the commissioner's decision on whether to issue or deny a permit, 
36.35 	what conditions are included in a permit, or the application of state and federal statutes and 
37.1 	rules governing permit determinations; and shall not affect final decisions regarding 
37.2 	environmental review.

37.3 	Sec. 4. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to 
37.4 	read:
37.5 		Subd. 14c.Irrevocability, suspensions, or expiration of permits; environmental 
37.6 	review. (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to 
37.7 	appropriate money to the commissioner of natural resources for environmental review and 
37.8 	permitting activities of the Department of Natural Resources:
37.9 	(1) a permit granted by the commissioner may not be terminated or suspended for the 
37.10 	term of the permit nor shall it expire without the consent of the permittee, except for breach 
37.11 	or nonperformance of any condition of the permit by the permittee that is an imminent threat 
37.12 	to impair or destroy the environment or injure the health, safety, or welfare of the citizens 
37.13 	of the state; and
37.14 	(2) environmental review and permit application work on environmental review and 
37.15 	permits filed before July 1 of that year must not be suspended or terminated.
37.16 	(b) Paragraph (a), clause (1), applies until legislation appropriating money to the 
37.17 	commissioner for the environmental review and permitting activities is enacted.

37.18 	Sec. 5. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to 
37.19 	read:
37.20 		Subd. 14d.Unadopted rules. (a) The commissioner of natural resources must not enforce 
37.21 	or attempt to enforce an unadopted rule. For the purposes of this subdivision, "unadopted 
37.22 	rule" means a guideline, bulletin, criterion, manual standard, interpretive statement, or 
37.23 	similar pronouncement, if the guideline, bulletin, criterion, manual standard, interpretive 
37.24 	statement, or similar pronouncement meets the definition of a rule as defined under section 
37.25 	14.02, subdivision 4, but has not been adopted according to the rulemaking process provided 
37.26 	under chapter 14. If an unadopted rule is challenged under section 14.381, the commissioner 
37.27 	must overcome a presumption against the unadopted rule.
37.28 	(b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion, 
37.29 	manual standard, interpretive statement, or similar pronouncement into a statute, rule, or 
37.30 	standard, the commissioner must follow the rulemaking process provided under chapter 14 
37.31 	to amend or revise any such guideline, bulletin, criterion, manual standard, interpretive 
37.32 	statement, or similar pronouncement.

38.1 	Sec. 6. Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read:
38.2 		Subd. 2.Exemptions. Registration is not required for off-highway motorcycles:
38.3 	(1) owned and used by the United States, an Indian tribal government, the state, another 
38.4 	state, or a political subdivision;
38.5 	(2) registered in another state or country that have not been within this state for more 
38.6 	than 30 consecutive days;
38.7 	(3) registered under chapter 168, when operated on forest roads to gain access to a state 
38.8 	forest campground;
38.9 	(4) used exclusively in organized track racing events;
38.10 	(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident 
38.11 	off-highway motorcycle state trail pass; or
38.12 	(6) operated by a person participating in an event for which the commissioner has issued 
38.13 	a special use permit.; or
38.14 	(7) operated on boundary trails and registered in another state or country providing equal 
38.15 	reciprocal registration or licensing exemptions for registrants of this state.

38.16 	Sec. 7. Minnesota Statutes 2016, section 84.793, subdivision 1, is amended to read:
38.17 		Subdivision 1.Prohibitions on youthful operators. (a) A person six years or older but 
38.18 	less than 16 years of age operating an off-highway motorcycle on public lands or waters 
38.19 	must possess a valid off-highway motorcycle safety certificate issued by the commissioner.
38.20 	(b) Except for operation on public road rights-of-way that is permitted under section 
38.21 	84.795, subdivision 1, a driver's license issued by the state or another state is required to 
38.22 	operate an off-highway motorcycle along or on a public road right-of-way.
38.23 	(c) A person under 12 years of age may not:
38.24 	(1) make a direct crossing of a public road right-of-way;
38.25 	(2) operate an off-highway motorcycle on a public road right-of-way in the state; or
38.26 	(3) operate an off-highway motorcycle on public lands or waters unless accompanied 
38.27 	by a person 18 years of age or older or participating in an event for which the commissioner 
38.28 	has issued a special use permit.
38.29 	(d) Except for public road rights-of-way of interstate highways, a person less than 16 
38.30 	years of age may make a direct crossing of a public road right-of-way of a trunk, county 
39.1 	state-aid, or county highway only if that person is accompanied by a person 18 years of age 
39.2 	or older who holds a valid driver's license.
39.3 	(e) A person less than 16 years of age may operate an off-highway motorcycle on public 
39.4 	road rights-of-way in accordance with section 84.795, subdivision 1, paragraph (a), only if 
39.5 	that person is accompanied by a person 18 years of age or older who holds a valid driver's 
39.6 	license.
39.7 	(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may operate 
39.8 	an off-highway motorcycle on public lands or waters if the nonresident youth has in 
39.9 	possession evidence of completing an off-road safety course offered by the Motorcycle 
39.10 	Safety Foundation or another state as provided in section 84.791, subdivision 4.

39.11 	Sec. 8. Minnesota Statutes 2016, section 84.8031, is amended to read:
39.12 	84.8031 GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.
39.13 	The commissioner must review an off-road vehicle grant-in-aid application and, if 
39.14 	approved, commence begin public review of the application within 60 days after the 
39.15 	completed application has been locally approved and submitted to an area parks and trails 
39.16 	office. If the commissioner fails to approve or deny the application within 60 days after 
39.17 	submission, the application is deemed approved and the commissioner must provide for a 
39.18 	30-day public review period. If the commissioner denies an application, the commissioner 
39.19 	must provide the applicant with a written explanation for denying the application at the time 
39.20 	the applicant is notified of the denial.

39.21 	Sec. 9. Minnesota Statutes 2016, section 84.82, subdivision 2, is amended to read:
39.22 		Subd. 2.Application, issuance, issuing fee. (a) Application for registration or 
39.23 	reregistration shall be made to the commissioner or an authorized deputy registrar of motor 
39.24 	vehicles in a format prescribed by the commissioner and shall state the legal name and 
39.25 	address of every owner of the snowmobile.
39.26 	(b) A person who purchases a snowmobile from a retail dealer shall make application 
39.27 	for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary 
39.28 	21-day registration permit to each purchaser who applies to the dealer for registration. The 
39.29 	temporary permit must contain the dealer's identification number and phone number. Each 
39.30 	retail dealer shall submit completed registration and fees to the deputy registrar at least once 
39.31 	a week. No fee may be charged by a dealer to a purchaser for providing the temporary 
39.32 	permit.
40.1 	(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy 
40.2 	registrar shall issue to the applicant, or provide to the dealer, an assigned registration number 
40.3 	or a commissioner or deputy registrar temporary 21-day permit. Once issued, the registration 
40.4 	number must be affixed to the snowmobile in a clearly visible and permanent manner for 
40.5 	enforcement purposes as the commissioner of natural resources shall prescribe. A dealer 
40.6 	subject to paragraph (b) shall provide the registration materials or temporary permit to the 
40.7 	purchaser within the temporary 21-day permit period. The registration is not valid unless 
40.8 	signed by at least one owner.
40.9 	(d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall also 
40.10 	be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement 
40.11 	with the commissioner of public safety may prescribe the accounting and procedural 
40.12 	requirements necessary to assure efficient handling of registrations and registration fees. 
40.13 	Deputy registrars shall strictly comply with these accounting and procedural requirements.
40.14 	(e) A fee of $2 In addition to that otherwise other fees prescribed by law shall be charged 
40.15 	for, an issuing fee of $4.50 is charged for each snowmobile registration renewal, duplicate 
40.16 	or replacement registration card, and replacement decal and an issuing fee of $7 is charged 
40.17 	for each snowmobile registration and registration transfer issued by:
40.18 	(1) each snowmobile registered by the a registrar or a deputy registrar and the additional 
40.19 	fee shall be disposed of must be deposited in the manner provided in section 168.33, 
40.20 	subdivision 2; or
40.21 	(2) each snowmobile registered by the commissioner and the additional fee shall must
40.22 	be deposited in the state treasury and credited to the snowmobile trails and enforcement 
40.23 	account in the natural resources fund.

40.24 	Sec. 10. Minnesota Statutes 2016, section 84.925, subdivision 1, is amended to read:
40.25 		Subdivision 1.Program established. (a) The commissioner shall establish a 
40.26 	comprehensive all-terrain vehicle environmental and safety education and training program, 
40.27 	including the preparation and dissemination of vehicle information and safety advice to the 
40.28 	public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle 
40.29 	safety certificates to vehicle operators over the age of 12 years who successfully complete 
40.30 	the all-terrain vehicle environmental and safety education and training course. A parent or 
40.31 	guardian must be present at the hands-on training portion of the program for youth who are 
40.32 	six through ten years of age.
41.1 	(b) For the purpose of administering the program and to defray the expenses of training 
41.2 	and certifying vehicle operators, the commissioner shall collect a fee from each person who 
41.3 	receives the training. The commissioner shall collect a fee, to include a $1 issuing fee for 
41.4 	licensing agents, for issuing a duplicate all-terrain vehicle safety certificate. The 
41.5 	commissioner shall establish both fees in a manner that neither significantly overrecovers 
41.6 	nor underrecovers costs, including overhead costs, involved in providing the services. The 
41.7 	fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not 
41.8 	apply. The fees may be established by the commissioner notwithstanding section 16A.1283. 
41.9 	Fee proceeds, except for the issuing fee for licensing agents under this subdivision, shall 
41.10 	be deposited in the all-terrain vehicle account in the natural resources fund and the amount 
41.11 	thereof, except for the electronic licensing system commission established by the 
41.12 	commissioner under section 84.027, subdivision 15, and issuing fees collected by the 
41.13 	commissioner, is appropriated annually to the Enforcement Division of the Department of 
41.14 	Natural Resources for the administration of the programs. In addition to the fee established 
41.15 	by the commissioner, instructors may charge each person up to the established fee amount 
41.16 	for class materials and expenses.
41.17 	(c) The commissioner shall cooperate with private organizations and associations, private 
41.18 	and public corporations, and local governmental units in furtherance of the program 
41.19 	established under this section. School districts may cooperate with the commissioner and 
41.20 	volunteer instructors to provide space for the classroom portion of the training. The 
41.21 	commissioner shall consult with the commissioner of public safety in regard to training 
41.22 	program subject matter and performance testing that leads to the certification of vehicle 
41.23 	operators. The commissioner shall incorporate a riding component in the safety education 
41.24 	and training program.

41.25 	Sec. 11. Minnesota Statutes 2016, section 84.9256, subdivision 1, is amended to read:
41.26 		Subdivision 1.Prohibitions on youthful operators. (a) Except for operation on public 
41.27 	road rights-of-way that is permitted under section 84.928 and as provided under paragraph 
41.28 	(j), a driver's license issued by the state or another state is required to operate an all-terrain 
41.29 	vehicle along or on a public road right-of-way.
41.30 	(b) A person under 12 years of age shall not:
41.31 	(1) make a direct crossing of a public road right-of-way;
41.32 	(2) operate an all-terrain vehicle on a public road right-of-way in the state; or
42.1 	(3) operate an all-terrain vehicle on public lands or waters, except as provided in 
42.2 	paragraph (f).
42.3 	(c) Except for public road rights-of-way of interstate highways, a person 12 years of age 
42.4 	but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, 
42.5 	county state-aid, or county highway or operate on public lands and waters or state or 
42.6 	grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate 
42.7 	issued by the commissioner and is accompanied by a person 18 years of age or older who 
42.8 	holds a valid driver's license.
42.9 	(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old, 
42.10 	but less than 16 years old, must:
42.11 	(1) successfully complete the safety education and training program under section 84.925, 
42.12 	subdivision 1, including a riding component; and
42.13 	(2) be able to properly reach and control the handle bars and reach the foot pegs while 
42.14 	sitting upright on the seat of the all-terrain vehicle.
42.15 	(e) A person at least 11 six years of age may take the safety education and training 
42.16 	program and may receive an all-terrain vehicle safety certificate under paragraph (d), but 
42.17 	the certificate is not valid until the person reaches age 12.
42.18 	(f) A person at least ten years of age but under 12 years of age may operate an all-terrain 
42.19 	vehicle with an engine capacity up to 90cc 110cc if the vehicle is a class 1 all-terrain vehicle 
42.20 	with straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with 
42.21 	side-by-side-style seating on public lands or waters if accompanied by a parent or legal 
42.22 	guardian.
42.23 	(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
42.24 	(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands 
42.25 	or waters or on state or grant-in-aid trails if the person cannot properly reach and control:
42.26 	(1) the handle bars and reach the foot pegs while sitting upright on the seat of the 
42.27 	all-terrain vehicle with straddle-style seating; or
42.28 	(2) the steering wheel and foot controls of a class 1 all-terrain vehicle with 
42.29 	side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged.
42.30 	(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16 
42.31 	years old, may make a direct crossing of a public road right-of-way of a trunk, county 
43.1 	state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or 
43.2 	state or grant-in-aid trails if:
43.3 	(1) the nonresident youth has in possession evidence of completing an all-terrain safety 
43.4 	course offered by the ATV Safety Institute or another state as provided in section 84.925, 
43.5 	subdivision 3; and
43.6 	(2) the nonresident youth is accompanied by a person 18 years of age or older who holds 
43.7 	a valid driver's license.
43.8 	(j) A person 12 years of age but less than 16 years of age may operate an all-terrain 
43.9 	vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted 
43.10 	under section 84.928 if the person:
43.11 	(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner; 
43.12 	and
43.13 	(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

43.14 	Sec. 12. Minnesota Statutes 2016, section 84.9256, subdivision 2, is amended to read:
43.15 		Subd. 2.Helmet and seat belts required. (a) A person less than 18 years of age shall 
43.16 	not ride as a passenger or as an operator of an all-terrain vehicle on public land, public 
43.17 	waters, or on a public road right-of-way unless wearing a safety helmet approved by the 
43.18 	commissioner of public safety.
43.19 	(b) A person less than 18 years of age shall not ride as a passenger or as an operator of 
43.20 	a class 2 an all-terrain vehicle without wearing a seat belt when provided by the manufacturer.

43.21 	Sec. 13. Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read:
43.22 		Subd. 2.Standards. (a) An appropriation for asset preservation may be used only for a 
43.23 	capital expenditure on a capital asset previously owned by the state, within the meaning of 
43.24 	generally accepted accounting principles as applied to public expenditures. The commissioner 
43.25 	of natural resources will consult with the commissioner of management and budget to the 
43.26 	extent necessary to ensure this and will furnish the commissioner of management and budget 
43.27 	a list of projects to be financed from the account in order of their priority. The legislature 
43.28 	assumes that many projects for preservation and replacement of portions of existing capital 
43.29 	assets will constitute betterments and capital improvements within the meaning of the 
43.30 	Constitution and capital expenditures under generally accepted accounting principles, and 
43.31 	will be financed more efficiently and economically under this section than by direct 
43.32 	appropriations for specific projects.
44.1 	(b) An appropriation for asset preservation must not be used to acquire land or to acquire 
44.2 	or construct buildings or other facilities.
44.3 	(c) Capital budget expenditures for natural resource asset preservation and replacement 
44.4 	projects must be for one or more of the following types of capital projects that support the 
44.5 	existing programmatic mission of the department: code compliance including health and 
44.6 	safety, Americans with Disabilities Act requirements, hazardous material abatement, access 
44.7 	improvement, or air quality improvement; building energy efficiency improvements using 
44.8 	current best practices; building or infrastructure repairs necessary to preserve the interior 
44.9 	and exterior of existing buildings; projects to remove life safety hazards such as building 
44.10 	code violations or structural defects; or renovation of other existing improvements to land, 
44.11 	including but not limited to trails and bridges.
44.12 	(d) Up to ten percent of an appropriation awarded under this section may be used for 
44.13 	design costs for projects eligible to be funded from this account in anticipation of future 
44.14 	funding from the account.

44.15 	Sec. 14. Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to 
44.16 	read:
44.17 		Subd. 4.Priorities; report. The commissioner of natural resources must establish 
44.18 	priorities for natural resource asset preservation and replacement projects. By January 15 
44.19 	each year, the commissioner must submit to the commissioner of management and budget 
44.20 	a list of the projects that have been paid for with money from a natural resource asset 
44.21 	preservation and replacement appropriation during the preceding calendar year.

44.22 	Sec. 15. Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read:
44.23 		Subd. 3.Training and mentoring. The commissioner must develop and implement a 
44.24 	training program that adequately prepares Minnesota Naturalist Corps members for the 
44.25 	tasks assigned. Each corps member shall be is assigned a state park an interpretive naturalist 
44.26 	as a mentor.

44.27 	Sec. 16. Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read:
44.28 		Subd. 4.Uniform patch pin. Uniforms worn by members of the Minnesota Naturalist 
44.29 	Corps must have a patch pin that includes the name of the Minnesota Naturalist Corps and 
44.30 	information that the program is funded by the clean water, land, and legacy amendment to 
44.31 	the Minnesota Constitution adopted by the voters in November 2008.

45.1 	Sec. 17. Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read:
45.2 		Subd. 5.Eligibility. A person is eligible to enroll in the Minnesota Naturalist Corps if 
45.3 	the person:
45.4 	(1) is a permanent resident of the state;
45.5 	(2) is a participant in an approved college internship program or has a postsecondary 
45.6 	degree in a field related to natural resource resources, cultural history, interpretation, or 
45.7 	conservation related field; and
45.8 	(3) has completed at least one year of postsecondary education.

45.9 	Sec. 18. Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read:
45.10 		Subd. 6.Corps member status. Minnesota Naturalist Corps members are not eligible 
45.11 	for unemployment benefits if their services are excluded under section 268.035, subdivision 
45.12 	20, and are not eligible for other benefits except workers' compensation. The corps members 
45.13 	are not employees of the state within the meaning of section 43A.02, subdivision 21.

45.14 	Sec. 19. Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read:
45.15 		Subd. 3.Bait harvest from infested waters. (a) Taking wild animals from infested 
45.16 	waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b), 
45.17 	(c), or (d), and section 97C.341.
45.18 	(b) In waters that are listed as infested waters, except those listed as infested with 
45.19 	prohibited invasive species of fish or certifiable diseases of fish, as defined under section 
45.20 	17.4982, subdivision 6, taking wild animals may be permitted for:
45.21 	(1) commercial taking of wild animals for bait and aquatic farm purposes as provided 
45.22 	in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
45.23 	(2) bait purposes for noncommercial personal use in waters that contain Eurasian 
45.24 	watermilfoil, when the infested waters are listed solely because they contain Eurasian 
45.25 	watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not 
45.26 	exceeding 16 inches in diameter and 32 inches in length.
45.27 	(c) In streams or rivers that are listed as infested waters, except those listed as infested 
45.28 	with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest 
45.29 	of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by 
45.30 	hook and line for noncommercial personal use is allowed as follows:
46.1 	(1) fish taken under this paragraph must be used on the same body of water where caught 
46.2 	and while still on that water body. Where the river or stream is divided by barriers such as 
46.3 	dams, the fish must be caught and used on the same section of the river or stream;
46.4 	(2) fish taken under this paragraph may not be transported live from or off the water 
46.5 	body;
46.6 	(3) fish harvested under this paragraph may only be used in accordance with this section;
46.7 	(4) any other use of wild animals used for bait from infested waters is prohibited;
46.8 	(5) fish taken under this paragraph must meet all other size restrictions and requirements 
46.9 	as established in rules; and
46.10 	(6) all species listed under this paragraph shall be included in the person's daily limit as 
46.11 	established in rules, if applicable.
46.12 	(d) In the Mississippi River downstream of St. Anthony Falls and the St. Croix River 
46.13 	downstream of the dam at Taylors Falls, including portions described as 
46.14 	Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items 
46.15 	A and B, the harvest of gizzard shad by cast net for noncommercial personal use as bait for 
46.16 	angling, as provided in a permit issued under section 84D.11, is allowed as follows:
46.17 	(1) nontarget species must immediately be returned to the water;
46.18 	(2) gizzard shad taken under this paragraph must be used on the same body of water 
46.19 	where caught and while still on that water body. Where the river is divided by barriers such 
46.20 	as dams, the gizzard shad must be caught and used on the same section of the river;
46.21 	(3) gizzard shad taken under this paragraph may not be transported off the water body; 
46.22 	and
46.23 	(4) gizzard shad harvested under this paragraph may only be used in accordance with 
46.24 	this section.
46.25 	This paragraph expires December 1, 2017.
46.26 	(e) Equipment authorized for minnow harvest in a listed infested water by permit issued 
46.27 	under paragraph (b) may not be transported to, or used in, any waters other than waters 
46.28 	specified in the permit.
46.29 	(f) Bait intended for sale may not be held in infested water after taking and before sale, 
46.30 	unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.

47.1 	Sec. 20. Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read:
47.2 		Subd. 4.Commercial fishing and turtle, frog, and crayfish harvesting restrictions 
47.3 	in infested and noninfested waters. (a) All nets, traps, buoys, anchors, stakes, and lines 
47.4 	used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that 
47.5 	is listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined 
47.6 	in section 17.4982, may not be used in any other waters. If a commercial licensee operates 
47.7 	in an infested water listed because it contains invasive fish, invertebrates, or certifiable 
47.8 	diseases, as defined in section 17.4982, all nets, traps, buoys, anchors, stakes, and lines used 
47.9 	for commercial fishing or turtle, frog, or crayfish harvesting in waters listed as infested with 
47.10 	invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, must be 
47.11 	tagged with tags provided by the commissioner, as specified in the commercial licensee's 
47.12 	license or permit. Tagged gear must not be used in water bodies other than those specified 
47.13 	in the license or permit. The permit may authorize department staff to remove tags after the 
47.14 	gear is decontaminated. This tagging requirement does not apply to commercial fishing 
47.15 	equipment used in Lake Superior.
47.16 	(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, 
47.17 	frog, or crayfish harvesting in an infested water that is listed solely because it contains 
47.18 	Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum 
47.19 	of two days before they are used in any other waters, except as provided in this paragraph. 
47.20 	Commercial licensees must notify the department's regional or area fisheries office or a 
47.21 	conservation officer before removing nets or equipment from an infested water listed solely 
47.22 	because it contains Eurasian watermilfoil and before resetting those nets or equipment in 
47.23 	any other waters. Upon notification, the commissioner may authorize a commercial licensee 
47.24 	to move nets or equipment to another water without freezing or drying, if that water is listed 
47.25 	as infested solely because it contains Eurasian watermilfoil.
47.26 	(c) A commercial licensee must remove all aquatic macrophytes from nets and other 
47.27 	equipment before placing the equipment into waters of the state.
47.28 	(d) The commissioner shall provide a commercial licensee with a current listing of listed 
47.29 	infested waters at the time that a license or permit is issued.

47.30 	Sec. 21. Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read:
47.31 		Subdivision 1.Classes. The commissioner shall, as provided in this chapter, classify 
47.32 	nonnative species of aquatic plants and wild animals, including subspecies, genotypes, 
47.33 	cultivars, hybrids, or genera of nonnative species, according to the following categories:
48.1 	(1) prohibited invasive species, which may not be possessed, imported, purchased, sold, 
48.2 	propagated, transported, or introduced except as provided in section 84D.05;
48.3 	(2) regulated invasive species, which may not be introduced except as provided in section 
48.4 	84D.07;
48.5 	(3) unlisted nonnative species, which are subject to the classification procedure in section 
48.6 	84D.06; and
48.7 	(4) unregulated nonnative species, which are not subject to regulation under this chapter.

48.8 	Sec. 22. Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read:
48.9 		Subdivision 1.Prohibited activities. A person may not possess, import, purchase, sell, 
48.10 	propagate, transport, or introduce a prohibited invasive species, except:
48.11 	(1) under a permit issued by the commissioner under section 84D.11;
48.12 	(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;
48.13 	(3) under a restricted species permit issued under section 17.457;
48.14 	(4) when being transported to the department, or another destination as the commissioner 
48.15 	may direct, in a sealed container for purposes of identifying the species or reporting the 
48.16 	presence of the species;
48.17 	(5) when being transported for disposal as part of a harvest or control activity when 
48.18 	specifically authorized under a permit issued by the commissioner according to section 
48.19 	103G.615, when being transported for disposal as specified under a commercial fishing 
48.20 	license issued by the commissioner according to section 97A.418, 97C.801, 97C.811, 
48.21 	97C.825, 97C.831, or 97C.835, or when being transported as specified by the commissioner;
48.22 	(6) when being removed from watercraft and equipment, or caught while angling, and 
48.23 	immediately returned to the water from which they came; or
48.24 	(7) when being transported from riparian property to a legal disposal site that is at least 
48.25 	100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited 
48.26 	invasive species are in a covered commercial vehicle specifically designed and used for 
48.27 	hauling trash; or
48.28 	(7) (8) as the commissioner may otherwise prescribe by rule.

49.1 	Sec. 23. Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read:
49.2 		Subd. 2a.Lake Minnetonka pilot study. (a) The commissioner may issue an additional 
49.3 	permit to service providers to return to Lake Minnetonka water-related equipment with 
49.4 	zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired. 
49.5 	The permit must include verification and documentation requirements and any other 
49.6 	conditions the commissioner deems necessary.
49.7 	(b) Water-related equipment with zebra mussels attached may be returned only to Lake 
49.8 	Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted 
49.9 	under subdivision 1.
49.10 	(c) The service provider's place of business must be within the Lake Minnetonka 
49.11 	Conservation District as established according to sections 103B.601 to 103B.645 or within 
49.12 	a municipality immediately bordering the Lake Minnetonka Conservation District's 
49.13 	boundaries.
49.14 	(d) A service provider applying for a permit under this subdivision must, if approved 
49.15 	for a permit and before the permit is valid, furnish a corporate surety bond in favor of the 
49.16 	state for $50,000 payable upon violation of this chapter while the service provider is acting 
49.17 	under a permit issued according to this subdivision.
49.18 	(e) This subdivision expires December 1, 2018 2019.

49.19 	Sec. 24. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision 
49.20 	to read:
49.21 		Subd. 2b.Gull Lake pilot study. (a) The commissioner may include an additional 
49.22 	targeted pilot study to include water-related equipment with zebra mussels attached for the 
49.23 	Gull Narrows State Water Access Site, Government Point State Water Access Site, and 
49.24 	Gull East State Water Access Site on Gull Lake (DNR Division of Waters number 11-0305) 
49.25 	in Cass and Crow Wing Counties using the same authorities, general procedures, and 
49.26 	requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake service 
49.27 	providers participating in the Gull Lake targeted pilot study place of business must be located 
49.28 	in Cass or Crow Wing County.
49.29 	(b) If an additional targeted pilot project for Gull Lake is implemented under this section, 
49.30 	the report to the chairs and ranking minority members of the senate and house of 
49.31 	representatives committees having jurisdiction over natural resources required under Laws 
49.32 	2016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study 
49.33 	recommendations and assessments.
50.1 	(c) This subdivision expires December 1, 2019.

50.2 	Sec. 25. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision 
50.3 	to read:
50.4 		Subd. 2c.Cross Lake pilot study. (a) The commissioner may include an additional 
50.5 	targeted pilot study to include water-related equipment with zebra mussels attached for the 
50.6 	Cross Lake #1 State Water Access Site on Cross Lake (DNR Division of Waters number 
50.7 	18-0312) in Crow Wing County using the same authorities, general procedures, and 
50.8 	requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The place 
50.9 	of business of lake service providers participating in the Cross Lake targeted pilot study 
50.10 	must be located in Cass or Crow Wing County.
50.11 	(b) If an additional targeted pilot project for Cross Lake is implemented under this 
50.12 	section, the report to the chairs and ranking minority members of the senate and house of 
50.13 	representatives committees having jurisdiction over natural resources required under Laws 
50.14 	2016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot 
50.15 	study recommendations and assessments.
50.16 	(c) This subdivision expires December 1, 2019.

50.17 	Sec. 26. Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to 
50.18 	read:
50.19 		Subd. 1a.Permit for invasive carp. The commissioner may issue a permit to 
50.20 	departmental divisions for tagging bighead, black, grass, or silver carp for research or 
50.21 	control. Under the permit, the carp may be released into the water body from which the carp 
50.22 	was captured. This subdivision expires December 31, 2021.

50.23 	Sec. 27. [85.0507] FORT RIDGELY GOLF COURSE; GOLF CARTS.
50.24 	The commissioner may by contract, concession agreement, or lease, authorize the use 
50.25 	of golf carts on the golf course at Fort Ridgely State Park.

50.26 	Sec. 28. Minnesota Statutes 2016, section 85.052, subdivision 1, is amended to read:
50.27 		Subdivision 1.Authority to establish. (a) The commissioner may establish, by written 
50.28 	order, provisions for the use of state parks for the following:
50.29 	(1) special parking space for automobiles or other motor-driven vehicles in a state park 
50.30 	or state recreation area;
51.1 	(2) special parking spurs, campgrounds for automobiles, sites for tent camping, other 
51.2 	types of lodging, camping, or day use facilities, and special auto trailer coach parking spaces, 
51.3 	for the use of the individual charged for the space or facility;
51.4 	(3) improvement and maintenance of golf courses already established in state parks, and 
51.5 	charging reasonable use fees; and
51.6 	(4) providing water, sewer, and electric service to trailer or tent campsites and charging 
51.7 	a reasonable use fee.
51.8 	(b) Provisions established under paragraph (a) are exempt from section 16A.1283 and 
51.9 	the rulemaking provisions of chapter 14. Section 14.386 does not apply.
51.10 	(c) For the purposes of this subdivision, "lodging" means an enclosed shelter, room, or 
51.11 	building with furnishings for overnight use.

51.12 	Sec. 29. Minnesota Statutes 2016, section 85.053, subdivision 8, is amended to read:
51.13 		Subd. 8.Free permit; military personnel; exemption. (a) A one-day permit, Annual 
51.14 	permits under subdivision 4, shall 1 must be issued without a fee for a motor vehicle being 
51.15 	used by a person who is serving in to active military service personnel in any branch or unit 
51.16 	of the United States armed forces and who is stationed outside Minnesota, during the period 
51.17 	of active service and for 90 days immediately thereafter, if the or their dependents and to 
51.18 	recipients of a Purple Heart medal. To qualify for a free permit under this subdivision, a
51.19 	person presents the person's current military orders must present qualifying military 
51.20 	identification or an annual pass for the United States military issued through the National 
51.21 	Parks and Federal Recreational Lands Pass program to the park attendant on duty or other 
51.22 	designee of the commissioner.
51.23 	(b) For purposes of this section, "active service" has the meaning given under section 
51.24 	190.05, subdivision 5c, when performed outside Minnesota subdivision, the commissioner 
51.25 	shall establish what constitutes qualifying military identification in the State Register.
51.26 	(c) A permit is not required for a motor vehicle being used by military personnel or their 
51.27 	dependents who have in their possession the annual pass for United States military and their 
51.28 	dependents issued by the federal government for access to federal recreation sites For 
51.29 	vehicles permitted under paragraph (a), the permit or decal issued under this subdivision is 
51.30 	valid only when displayed on a vehicle owned and occupied by the person to whom the 
51.31 	permit is issued.
51.32 	(d) The commissioner may issue a daily vehicle permit free of charge to an individual 
51.33 	who qualifies under paragraph (a) and does not own or operate a motor vehicle.

52.1 	Sec. 30. Minnesota Statutes 2016, section 85.053, subdivision 10, is amended to read:
52.2 		Subd. 10.Free entrance permit; disabled veterans. (a) The commissioner shall issue 
52.3 	an annual park permit for no charge to any veteran with a total and permanent 
52.4 	service-connected disability, and a daily park permit to any resident veteran with any level 
52.5 	of service-connected disability, as determined by the United States Department of Veterans 
52.6 	Affairs, who presents each year a copy of the veteran's determination letter or other official 
52.7 	form of validation issued by the United States Department of Veterans Affairs or the United 
52.8 	States Department of Defense to a park attendant or commissioner's designee. For the 
52.9 	purposes of this section subdivision, "veteran" has the meaning given in section 197.447.
52.10 	(b) For vehicles permitted under paragraph (a), the permit or decal issued under this 
52.11 	subdivision is valid only when displayed on a vehicle owned and occupied by the person 
52.12 	to whom the permit is issued.
52.13 	(c) The commissioner may issue a daily vehicle permit free of charge to an individual 
52.14 	who qualifies under paragraph (a) and does not own or operate a motor vehicle.

52.15 	Sec. 31. Minnesota Statutes 2016, section 85.054, is amended by adding a subdivision to 
52.16 	read:
52.17 		Subd. 19.Fort Ridgely golf course. The commissioner may by contract, concession 
52.18 	agreement, or lease waive a state park permit and associated fee for motor vehicle entry or 
52.19 	parking for persons playing golf at the Fort Ridgely State Park golf course provided that 
52.20 	the contract, concession agreement, or lease payment to the state is set, in part, to compensate 
52.21 	the state park system for the loss of the state park fees.

52.22 	Sec. 32. Minnesota Statutes 2016, section 85.055, subdivision 1, is amended to read:
52.23 		Subdivision 1.Fees. The fee for state park permits for:
52.24 	(1) an annual use of state parks is $25 $35;
52.25 	(2) a second or subsequent vehicle state park permit is $18 $26;
52.26 	(3) a state park permit valid for one day is $5 $7;
52.27 	(4) a daily vehicle state park permit for groups is $3 $5;
52.28 	(5) an annual permit for motorcycles is $20 $30;
52.29 	(6) an employee's state park permit is without charge; and
53.1 	(7) a state park permit for persons with disabilities under section 85.053, subdivision 7, 
53.2 	paragraph (a), clauses (1) to (3), is $12.
53.3 	The fees specified in this subdivision include any sales tax required by state law.

53.4 	Sec. 33. Minnesota Statutes 2016, section 85.22, subdivision 2a, is amended to read:
53.5 		Subd. 2a.Receipts, appropriation. All receipts derived from the rental or sale of state 
53.6 	park items, tours at Forestville Mystery Cave State Park, interpretation programs, educational 
53.7 	programs, and operation of Douglas Lodge shall be deposited in the state treasury and be 
53.8 	credited to the state parks working capital account. Receipts and expenses from Douglas 
53.9 	Lodge shall be tracked separately within the account. Money in the account is annually 
53.10 	appropriated for the purchase and payment of expenses attributable to items for resale or 
53.11 	rental and operation of Douglas Lodge. Any excess receipts in this account are annually 
53.12 	appropriated for state park management and interpretive programs.

53.13 	Sec. 34. Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read:
53.14 		Subdivision 1.Areas marked Designation. The commissioner of natural resources is 
53.15 	authorized in cooperation with local units of government and private individuals and groups 
53.16 	when feasible to mark manage state water trails on the Lake Superior water trail under 
53.17 	section 85.0155 and on the following rivers, which have historic, recreational, and scenic 
53.18 	values: Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, 
53.19 	Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, 
53.20 	Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa 
53.21 	from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River 
53.22 	of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock, andVermilion in 
53.23 	St. Louis County, North Fork of the Crow, and South Fork of the Crow Rivers, which have 
53.24 	historic and scenic values, and to mark appropriately. The commissioner may map and sign
53.25 	points of interest, public water access sites, portages, camp sites, and all dams, rapids, 
53.26 	waterfalls, whirlpools, and other serious hazards that are dangerous to canoe, kayak, and 
53.27 	watercraft travelers. The commissioner may maintain passageway for watercraft on state 
53.28 	water trails.

53.29 	Sec. 35. [85.47] SPECIAL USE PERMITS; FEES.
53.30 	Fees collected for special use permits to use state trails not on state forest, state park, or 
53.31 	state recreation area lands and for use of state water access sites must be deposited in the 
53.32 	natural resources fund.

54.1 	Sec. 36. Minnesota Statutes 2016, section 86B.301, subdivision 2, is amended to read:
54.2 		Subd. 2.Exemptions. A watercraft license is not required for:
54.3 	(1) a watercraft that is covered by a license or number in full force and effect under 
54.4 	federal law or a federally approved licensing or numbering system of another state, or a 
54.5 	watercraft that is owned by a person from another state and that state does not require 
54.6 	licensing that type of watercraft, and the watercraft has not been within this state for more 
54.7 	than 90 consecutive days, which does not include days that a watercraft is laid up at dock 
54.8 	over winter or for repairs at a Lake Superior port or another port in the state;
54.9 	(2) a watercraft from a country other than the United States that has not been within this 
54.10 	state for more than 90 consecutive days, which does not include days that a watercraft is 
54.11 	laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
54.12 	(3) a watercraft owned by the United States, an Indian tribal government, a state, or a 
54.13 	political subdivision of a state, except watercraft used for recreational purposes;
54.14 	(4) a ship's lifeboat;
54.15 	(5) a watercraft that has been issued a valid marine document by the United States 
54.16 	government;
54.17 	(6) a waterfowl boat during waterfowl-hunting season;
54.18 	(7) a rice boat during the harvest season;
54.19 	(8) a seaplane;
54.20 	(9) a nonmotorized watercraft ten feet in length or less; and
54.21 	(10) a watercraft that is covered by a valid license or number issued by a federally 
54.22 	recognized Indian tribe in the state under a federally approved licensing or numbering system 
54.23 	and that is owned by a member of that tribe.

54.24 	Sec. 37. Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read:
54.25 		Subdivision 1.General requirements. (a) In addition to requirements of other laws 
54.26 	relating to watercraft, a person may not operate or permit the operation of a personal 
54.27 	watercraft:
54.28 	(1) without each person on board the personal watercraft wearing a United States Coast 
54.29 	Guard (USCG) approved wearable personal flotation device with a that is approved by the 
54.30 	United States Coast Guard (USCG) and has a USCG label indicating it the flotation device
54.31 	either is approved for or does not prohibit use with personal watercraft or water skiing;
55.1 	(2) between one hour before sunset and 9:30 a.m.;
55.2 	(3) at greater than slow-no wake speed within 150 feet of:
55.3 	(i) a shoreline;
55.4 	(ii) a dock;
55.5 	(iii) a swimmer;
55.6 	(iv) a raft used for swimming or diving; or
55.7 	(v) a moored, anchored, or nonmotorized watercraft;
55.8 	(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other 
55.9 	device unless:
55.10 	(i) an observer is on board; or
55.11 	(ii) the personal watercraft is equipped with factory-installed or factory-specified 
55.12 	accessory mirrors that give the operator a wide field of vision to the rear;
55.13 	(5) without the lanyard-type engine cutoff switch being attached to the person, clothing, 
55.14 	or personal flotation device of the operator, if the personal watercraft is equipped by the 
55.15 	manufacturer with such a device;
55.16 	(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or 
55.17 	tampered with so as to interfere with the return-to-idle system;
55.18 	(7) to chase or harass wildlife;
55.19 	(8) through emergent or floating vegetation at other than a slow-no wake speed;
55.20 	(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property, 
55.21 	including weaving through congested watercraft traffic, jumping the wake of another 
55.22 	watercraft within 150 feet of the other watercraft, or operating the watercraft while facing 
55.23 	backwards;
55.24 	(10) in any other manner that is not reasonable and prudent; or
55.25 	(11) without a personal watercraft rules decal, issued by the commissioner, attached to 
55.26 	the personal watercraft so as to be in full view of the operator.
55.27 	(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft 
55.28 	to launch or land a person on water skis, a kneeboard, or similar device by the most direct 
55.29 	route to open water.

56.1 	Sec. 38. Minnesota Statutes 2016, section 86B.701, subdivision 3, is amended to read:
56.2 		Subd. 3.Allocation of funding. (a) Notwithstanding section 16A.41, expenditures 
56.3 	directly related to each appropriation's purpose made on or after January 1 of the fiscal year 
56.4 	in which the grant is made or the date of work plan approval, whichever is later, are eligible 
56.5 	for reimbursement unless otherwise provided.
56.6 	(b) The amount of funds to be allocated under subdivisions 1 and 2 and shall be 
56.7 	determined by the commissioner on the basis of the following criteria:
56.8 	(1) the number of watercraft using the waters wholly or partially within the county;
56.9 	(2) the number of watercraft using particular bodies of water, wholly or partially within 
56.10 	the county, in relation to the size of the body of water and the type, speed, and size of the 
56.11 	watercraft utilizing the water body;
56.12 	(3) the amount of water acreage wholly or partially within the county;
56.13 	(4) the overall performance of the county in the area of boat and water safety;
56.14 	(5) special considerations, such as volume of transient or nonresident watercraft use, 
56.15 	number of rental watercraft, extremely large bodies of water wholly or partially in the 
56.16 	county; or
56.17 	(6) any other factor as determined by the commissioner.
56.18 	(b) (c) The commissioner may require reports from the counties, make appropriate 
56.19 	surveys or studies, or utilize local surveys or studies to determine the criteria required in 
56.20 	allocation funds.

56.21 	Sec. 39. Minnesota Statutes 2016, section 88.01, subdivision 28, is amended to read:
56.22 		Subd. 28.Prescribed burn. "Prescribed burn" means a fire that is intentionally ignited, 
56.23 	managed, and controlled for the purpose of managing forests, prairies, or wildlife habitats 
56.24 	by an entity meeting certification requirements established by the commissioner for the 
56.25 	purpose of managing vegetation. A prescribed burn that has exceeded its prescribed 
56.26 	boundaries and requires immediate suppression action by a local fire department or other 
56.27 	agency with wildfire suppression responsibilities is considered a wildfire.

56.28 	Sec. 40. Minnesota Statutes 2016, section 88.523, is amended to read:
56.29 	88.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.
57.1 	Upon application of the owner, any auxiliary forest contract may be made subject to any 
57.2 	provisions of law enacted subsequent to the execution of the contract and in force at the 
57.3 	time of application, so far as not already applicable, with the approval of the county board 
57.4 	and the commissioner of natural resources. A supplemental agreement in a form format
57.5 	prescribed by the commissioner and approved by the attorney general must be executed by 
57.6 	the commissioner in behalf of the state and by the owner. The supplemental agreement must 
57.7 	be filed and recorded in like manner as the supplemental contract under section 88.49, 
57.8 	subdivision 9, and takes effect upon filing and recording.

57.9 	Sec. 41. Minnesota Statutes 2016, section 89.39, is amended to read:
57.10 	89.39 PURCHASE AGREEMENTS AND PENALTIES.
57.11 	Every individual, partnership, or private corporation to whom any planting stock is 
57.12 	supplied for planting on private land hereunder shall under sections 89.35 to 89.39 must
57.13 	execute an agreement, upon a form in a format approved by the attorney general
57.14 	commissioner, to comply with all the requirements of sections 89.35 to 89.39 and all
57.15 	conditions prescribed by the commissioner hereunder thereunder. Any party to such an 
57.16 	agreement who shall violate any provision thereof shall, violates the agreement is, in addition 
57.17 	to any other penalties that may be applicable, be liable to the state in a sum equal to three 
57.18 	times the reasonable value of the trees affected by the violation at the time the same trees
57.19 	were shipped for planting; provided, that if such the trees are sold or offered for sale for 
57.20 	any purpose not herein authorized, such under sections 89.35 to 89.39, the penalty shall be
57.21 	is equal to three times the sale price. Such The penalties shall be are recoverable in a civil 
57.22 	action brought in the name of the state by the attorney general.

57.23 	Sec. 42. Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision to 
57.24 	read:
57.25 		Subd. 1a.Affiliate. "Affiliate" means a person who:
57.26 	(1) controls, is controlled by, or is under common control with any other person, 
57.27 	including, without limitation, a partner, business entity with common ownership, or principal 
57.28 	of any business entity or a subsidiary, parent company, or holding company of any person; 
57.29 	or
57.30 	(2) bids as a representative for another person.

58.1 	Sec. 43. Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read:
58.2 		Subd. 8.Permit holder. "Permit holder" means the person or affiliate of the person who 
58.3 	is the signatory of a permit to cut timber on state lands.

58.4 	Sec. 44. Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read:
58.5 		Subd. 12.Responsible bidder. "Responsible bidder" means a person or affiliate of a 
58.6 	person who is financially responsible; demonstrates the judgment, skill, ability, capacity, 
58.7 	and integrity requisite and necessary to perform according to the terms of a permit issued 
58.8 	under this chapter; and is not currently debarred by another a government entity for any 
58.9 	cause.

58.10 	Sec. 45. Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read:
58.11 		Subd. 2.Trespass on state lands. The commissioner may compromise and settle, with 
58.12 	notification to the attorney general, upon terms the commissioner deems just, any claim of 
58.13 	the state for casual and involuntary trespass upon state lands or timber; provided that no 
58.14 	claim shall be settled for less than the full value of all timber or other materials taken in 
58.15 	casual trespass or the full amount of all actual damage or loss suffered by the state as a 
58.16 	result. Upon request, the commissioner shall advise the Executive Council of any information 
58.17 	acquired by the commissioner concerning any trespass on state lands, giving all details and 
58.18 	names of witnesses and all compromises and settlements made under this subdivision.

58.19 	Sec. 46. Minnesota Statutes 2016, section 90.051, is amended to read:
58.20 	90.051 SUPERVISION OF SALES; BOND.
58.21 	The department employee delegated to supervise state timber appraisals and sales shall 
58.22 	be bonded in a form to be prescribed by the attorney general commissioner and in the sum 
58.23 	of not less than $25,000, conditioned upon the faithful and honest performance of duties.

58.24 	Sec. 47. Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read:
58.25 		Subd. 2.Sale list and notice. At least 30 days before the date of sale, the commissioner 
58.26 	shall compile a list containing a description of each tract of land upon which any timber to 
58.27 	be offered is situated and a statement of the estimated quantity of timber and of the appraised 
58.28 	price of each kind of timber thereon as shown by the report of the state appraiser. No 
58.29 	description shall be added after the list is posted and no timber shall be sold from land not 
58.30 	described in the list. Copies of the list shall must be furnished to all interested applicants. 
58.31 	At least 30 days before the date of sale, a copy of the list shall must be posted on the Internet 
59.1 	or conspicuously posted in the forest office or other public facility most accessible to potential 
59.2 	bidders at least 30 days prior to the date of sale. The commissioner shall cause a notice to 
59.3 	be published once not less than one week before the date of sale in a legal newspaper in the 
59.4 	county or counties where the land is situated. The notice shall state the time and place of 
59.5 	the sale and the location at which further information regarding the sale may be obtained.
59.6 	The commissioner may give other published or posted notice as the commissioner deems 
59.7 	proper to reach prospective bidders.

59.8 	Sec. 48. Minnesota Statutes 2016, section 90.14, is amended to read:
59.9 	90.14 AUCTION SALE PROCEDURE.
59.10 	(a) All state timber shall be offered and sold by the same unit of measurement as it was 
59.11 	appraised. No tract shall be sold to any person other than the purchaser responsible bidder
59.12 	in whose name the bid was made. The commissioner may refuse to approve any and all bids 
59.13 	received and cancel a sale of state timber for good and sufficient reasons.
59.14 	(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid, 
59.15 	or, if unsold at public auction, at the time of purchase at a subsequent sale under section 
59.16 	90.101, subdivision 1, pay to the commissioner a down payment of 15 percent of the 
59.17 	appraised value. In case any purchaser fails to make such payment, the purchaser shall be 
59.18 	liable therefor to the state in a civil action, and the commissioner may reoffer the timber 
59.19 	for sale as though no bid or sale under section 90.101, subdivision 1, therefor had been 
59.20 	made.
59.21 	(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state 
59.22 	timber may, at the time of payment by the purchaser to the commissioner of 15 percent of 
59.23 	the appraised value, elect in writing on a form format prescribed by the attorney general
59.24 	commissioner to purchase a permit based solely on the appraiser's estimate of the volume 
59.25 	of timber described in the permit, provided that the commissioner has expressly designated 
59.26 	the availability of such option for that tract on the list of tracts available for sale as required 
59.27 	under section 90.101. A purchaser who elects in writing on a form format prescribed by the 
59.28 	attorney general commissioner to purchase a permit based solely on the appraiser's estimate 
59.29 	of the volume of timber described on the permit does not have recourse to the provisions 
59.30 	of section 90.281.
59.31 	(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be 
59.32 	awarded to the high bidder, who shall pay to the commissioner a down payment of 15 
59.33 	percent of the appraised value that must be received or postmarked within 14 days of the 
59.34 	date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser 
60.1 	is liable for the down payment to the state and the commissioner may offer the timber for 
60.2 	sale to the next highest bidder as though no higher bid had been made.
60.3 	(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued 
60.4 	under section 90.151, the commissioner shall require the purchaser to make a bid guarantee 
60.5 	payment to the commissioner in an amount equal to 15 percent of the total purchase price 
60.6 	of the permit less the down payment amount required by paragraph (b) for any bid increase 
60.7 	in excess of $10,000 of the appraised value. If a required bid guarantee payment is not 
60.8 	submitted with the signed permit, no harvesting may occur, the permit cancels, and the 
60.9 	down payment for timber forfeits to the state. The bid guarantee payment forfeits to the 
60.10 	state if the purchaser and successors in interest fail to execute an effective permit.

60.11 	Sec. 49. Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read:
60.12 		Subd. 2.Purchaser registration. To facilitate the sale of permits issued under section 
60.13 	90.151, the commissioner may establish a registration system to verify the qualifications 
60.14 	of a person or affiliate as a responsible bidder to purchase a timber permit. Any system 
60.15 	implemented by the commissioner shall be limited in scope to only that information that is 
60.16 	required for the efficient administration of the purchaser qualification requirements of this 
60.17 	chapter. The registration system established under this subdivision is not subject to the 
60.18 	rulemaking provisions of chapter 14 and section 14.386 does not apply.

60.19 	Sec. 50. Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read:
60.20 		Subdivision 1.Issuance; expiration. (a) Following receipt of the down payment for 
60.21 	state timber required under section 90.14 or 90.191, the commissioner shall issue a numbered 
60.22 	permit to the purchaser, in a form format approved by the attorney general commissioner, 
60.23 	by the terms of which the purchaser shall be is authorized to enter upon the land, and to cut 
60.24 	and remove the timber therein described in the permit as designated for cutting in the report 
60.25 	of the state appraiser, according to the provisions of this chapter. The permit shall must be 
60.26 	correctly dated and executed by the commissioner and signed by the purchaser. If a permit 
60.27 	is not signed by the purchaser within 45 days from the date of purchase, the permit cancels 
60.28 	and the down payment for timber required under section 90.14 forfeits to the state. The 
60.29 	commissioner may grant an additional period for the purchaser to sign the permit, not to 
60.30 	exceed ten business days, provided the purchaser pays a $200 penalty fee.
60.31 	(b) The permit shall expire expires no later than five years after the date of sale as the 
60.32 	commissioner shall specify or as specified under section 90.191, and the timber shall must
60.33 	be cut and removed within the time specified therein. If additional time is needed, the permit 
61.1 	holder must request, prior to before the expiration date, and may be granted, for good and 
61.2 	sufficient reasons, up to 90 additional days for the completion of skidding, hauling, and 
61.3 	removing all equipment and buildings. All cut timber, equipment, and buildings not removed 
61.4 	from the land after expiration of the permit becomes the property of the state.
61.5 	(c) The commissioner may grant an additional period of time not to exceed 240 days 
61.6 	for the removal of removing cut timber, equipment, and buildings upon receipt of a written 
61.7 	request by the permit holder for good and sufficient reasons. The permit holder may combine 
61.8 	in the written request under this paragraph the request for additional time under paragraph 
61.9 	(b).

61.10 	Sec. 51. Minnesota Statutes 2016, section 90.162, is amended to read:
61.11 	90.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.
61.12 	In lieu of the security deposit equal to the value of all timber covered by the permit 
61.13 	required by section 90.161, a purchaser of state timber may elect in writing on a form format
61.14 	prescribed by the attorney general commissioner to give good and valid surety to the state 
61.15 	of Minnesota equal to the purchase price for any designated cutting block identified on the 
61.16 	permit before the date the purchaser enters upon the land to begin harvesting the timber on 
61.17 	the designated cutting block.

61.18 	Sec. 52. Minnesota Statutes 2016, section 90.252, is amended to read:
61.19 	90.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES; 
61.20 	FEES.
61.21 		Subdivision 1.Scaling agreement. The commissioner may enter into an agreement with 
61.22 	either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling 
61.23 	of the cut timber and the collection of the payment for the same can be consummated by 
61.24 	the state. Such an The agreement shall must be approved as to form and content by the 
61.25 	attorney general commissioner and shall must provide for a bond or cash in lieu of a bond 
61.26 	and such other safeguards as are necessary to protect the interests of the state. The scaling 
61.27 	and payment collection procedure may be used for any state timber sale, except that no 
61.28 	permittee who is also the consumer shall both cut and scale the timber sold unless such the
61.29 	scaling is supervised by a state scaler.
61.30 		Subd. 2.Weight measurement services; fees. The commissioner may enter into an 
61.31 	agreement with the owner or operator of any weight scale inspected, tested, and approved 
61.32 	under chapter 239 to provide weight measurements for the scaling of state timber according 
62.1 	to section 90.251. The agreement shall must be on a form in a format prescribed by the 
62.2 	attorney general commissioner, shall become a becomes part of the official record of any 
62.3 	state timber permit so scaled, and shall must contain safeguards that are necessary to protect 
62.4 	the interests of the state. Except as otherwise provided by the commissioner, the cost of any 
62.5 	agreement to provide weight measurement of state timber shall must be paid by the permit 
62.6 	holder of any state timber permit so measured and the cost shall must be included in the 
62.7 	statement of the amount due for the permit under section 90.181, subdivision 1.

62.8 	Sec. 53. Minnesota Statutes 2016, section 93.25, subdivision 2, is amended to read:
62.9 		Subd. 2.Lease requirements. All leases for nonferrous metallic minerals or petroleum 
62.10 	must be approved by the Executive Council, and any other mineral lease issued pursuant 
62.11 	to this section that covers 160 or more acres must be approved by the Executive Council. 
62.12 	The rents, royalties, terms, conditions, and covenants of all such leases shall be fixed by 
62.13 	the commissioner according to rules adopted by the commissioner, but no lease shall be for 
62.14 	a longer term than 50 years, and all rents, royalties, terms, conditions, and covenants shall 
62.15 	be fully set forth in each lease issued. No lease shall be canceled by the state for failure to 
62.16 	meet production requirements prior to the 36th year of the lease. The rents and royalties 
62.17 	shall be credited to the funds as provided in section 93.22.

62.18 	EFFECTIVE DATE. This section is effective the day following final enactment and 
62.19 	applies to leases in effect or issued on or after that date.

62.20 	Sec. 54. Minnesota Statutes 2016, section 93.47, subdivision 4, is amended to read:
62.21 		Subd. 4.Administration and enforcement. The commissioner shall administer and 
62.22 	enforce sections 93.44 to 93.51 and the rules adopted pursuant hereto. In so doing the 
62.23 	commissioner may (1) conduct such investigations and inspections as the commissioner 
62.24 	deems necessary for the proper administration of sections 93.44 to 93.51; (2) enter upon 
62.25 	any parts of the mining areas in connection with any such investigation and inspection 
62.26 	without liability to the operator or landowner provided that reasonable prior notice of 
62.27 	intention to do so shall have been given the operator or landowner; (3) conduct such research 
62.28 	or enter into contracts related to mining areas and the reclamation thereof as may be necessary 
62.29 	to carry out the provisions of sections 93.46 to 93.50; and (4) allocate surplus wetland credits 
62.30 	that are approved by the commissioner under a permit to mine on or after July 1, 1991, and 
62.31 	that are not otherwise deposited in a state wetland bank.

62.32 	EFFECTIVE DATE. This section is effective retroactively from July 1, 1991.

63.1 	Sec. 55. Minnesota Statutes 2016, section 93.481, subdivision 2, is amended to read:
63.2 		Subd. 2.Commissioner's review; hearing; burden of proof. Within 120 days after 
63.3 	receiving the an application, or after receiving additional information requested, or after 
63.4 	holding a hearing as provided in this section the commissioner has deemed complete and 
63.5 	filed, the commissioner shall grant the permit applied for, with or without modifications or 
63.6 	conditions, or deny the application unless a contested case hearing is requested under section 
63.7 	93.483. If written objections to the proposed application are filed with the commissioner 
63.8 	within 30 days after the last publication required pursuant to this section or within seven 
63.9 	days after publication in the case of an application to conduct lean ore stockpile removal, 
63.10 	by any person owning property which will be affected by the proposed operation or by any 
63.11 	federal, state, or local governmental agency having responsibilities affected by the proposed 
63.12 	operations, a public hearing shall be held by the commissioner in the locality of the proposed 
63.13 	operations within 30 days of receipt of such written objections and after appropriate notice 
63.14 	and publication of the date, time, and location of the hearing.The commissioner's decision 
63.15 	to grant the permit, with or without modifications, or deny the application constitutes a final 
63.16 	order for purposes of section 93.50. The commissioner in granting a permit with or without 
63.17 	modifications shall determine that the reclamation or restoration planned for the operation 
63.18 	complies with lawful requirements and can be accomplished under available technology 
63.19 	and that a proposed reclamation or restoration technique is practical and workable under 
63.20 	available technology. The commissioner may hold public meetings on the application.

63.21 	Sec. 56. [93.483] CONTESTED CASE.
63.22 		Subdivision 1.Petition for contested case hearing. Any person owning property that 
63.23 	is adjacent to the proposed operation or any federal, state, or local government having 
63.24 	responsibilities affected by the proposed operation identified in the application for a permit 
63.25 	to mine under section 93.481 may file a petition with the commissioner to hold a contested 
63.26 	case hearing on the completed application. To be considered by the commissioner, a petition 
63.27 	must be submitted in writing, must contain the information specified in subdivision 2, and 
63.28 	must be submitted to the commissioner within 30 days after the application is deemed 
63.29 	complete and filed. In addition, the commissioner may, on the commissioner's own motion, 
63.30 	order a contested case hearing on the completed application.
63.31 		Subd. 2.Petition contents. (a) A petition for a contested case hearing must include the 
63.32 	following information:
63.33 	(1) a statement of reasons or proposed findings supporting the commissioner's decision 
63.34 	to hold a contested case hearing pursuant to the criteria in subdivision 3; and
64.1 	(2) a statement of the issues proposed to be addressed by a contested case hearing and 
64.2 	the specific relief requested or resolution of the matter.
64.3 	(b) To the extent known by the petitioner, a petition for a contested case hearing may 
64.4 	also include:
64.5 	(1) a proposed list of prospective witnesses to be called, including experts, with a brief 
64.6 	description of the proposed testimony or a summary of evidence to be presented at a contested 
64.7 	case hearing;
64.8 	(2) a proposed list of publications, references, or studies to be introduced and relied 
64.9 	upon at a contested case hearing; and
64.10 	(3) an estimate of time required for the petitioner to present the matter at a contested 
64.11 	case hearing.
64.12 	(c) A petitioner is not bound or limited to the witnesses, materials, or estimated time 
64.13 	identified in the petition if the requested contested case is granted by the commissioner.
64.14 	(d) Any person may serve timely responses to a petition for a contested case hearing. 
64.15 	The commissioner shall establish deadlines for responses to be submitted.
64.16 		Subd. 3.Commissioner's decision to hold hearing. The commissioner may grant the 
64.17 	petition to hold a contested case hearing or order upon the commissioner's own motion that 
64.18 	a contested case hearing be held if the commissioner finds that:
64.19 	(1) there is a material issue of fact in dispute concerning the completed application before 
64.20 	the commissioner;
64.21 	(2) the commissioner has jurisdiction to make a determination on the disputed material 
64.22 	issue of fact; and
64.23 	(3) there is a reasonable basis underlying a disputed material issue of fact so that a 
64.24 	contested case hearing would allow the introduction of information that would aid the 
64.25 	commissioner in resolving the disputed facts in order to make a final decision on the 
64.26 	completed application.
64.27 		Subd. 4.Hearing upon demand of applicant. If the commissioner denies an application, 
64.28 	the applicant may, within 30 days after receipt of the commissioner's order denying the 
64.29 	application, file a demand for a contested case.
64.30 		Subd. 5.Scope of hearing. If the commissioner decides to hold a contested case hearing, 
64.31 	the commissioner shall identify the issues to be resolved and limit the scope and conduct 
64.32 	of the hearing in accordance with applicable law, due process, and fundamental fairness. 
65.1 	The commissioner may, before granting or ordering a contested case hearing, develop a 
65.2 	proposed permit or permit conditions to inform the contested case. The contested case 
65.3 	hearing must be conducted in accordance with sections 14.57 to 14.62. The final decision 
65.4 	by the commissioner to grant, with or without modifications or conditions, or deny the 
65.5 	application after a contested case shall constitute a final order for purposes of section 93.50.
65.6 		Subd. 6.Consistency with administrative rules. The commissioner shall construe the 
65.7 	administrative procedures under Minnesota Rules, parts 6130.4800 and 6132.4000, in a 
65.8 	manner that is consistent with this section. To the extent any provision of Minnesota Rules, 
65.9 	parts 6130.4800 and 6132.4000, conflicts with this section, this section controls.

65.10 	Sec. 57. Minnesota Statutes 2016, section 93.50, is amended to read:
65.11 	93.50 APPEAL.
65.12 	Any person aggrieved by any final order, ruling, or decision of the commissioner may 
65.13 	appeal seek judicial review of such order, ruling, or decision in the manner provided in 
65.14 	chapter 14 under sections 14.63 to 14.69.

65.15 	Sec. 58. Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read:
65.16 		Subd. 9.Approval by attorney general commissioner. No exchange of class A land 
65.17 	shall be consummated unless the attorney general shall have given an opinion in writing
65.18 	commissioner determines that the title to the land proposed to be conveyed to the state is 
65.19 	good and marketable, free from all liens and, with all encumbrances identified except 
65.20 	reservations herein authorized. The commissioner may use title insurance to aid in the title 
65.21 	determination. If required by the attorney general commissioner, the landowner shall must
65.22 	submit an abstract of title and make and file with the commissioner an affidavit as to 
65.23 	possession of the land, improvements, liens, and encumbrances thereon, and other matters 
65.24 	affecting the title.

65.25 	Sec. 59. Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read:
65.26 		Subd. 9.Approval of county attorney. No exchange of class B land shall be 
65.27 	consummated unless the title to the land proposed to be exchanged therefor shall is first be
65.28 	approved by the county attorney in like manner as provided for approval by the attorney 
65.29 	general commissioner in case of class A land. The county attorney's opinion on the title 
65.30 	shall be is subject to approval by the attorney general commissioner.

66.1 	Sec. 60. Minnesota Statutes 2016, section 97A.015, is amended by adding a subdivision 
66.2 	to read:
66.3 		Subd. 35a.Portable shelter. "Portable shelter" means a fish house, dark house, or other 
66.4 	shelter that is set on the ice of state waters to provide shelter and that collapses, folds, or is 
66.5 	disassembled for transportation.

66.6 	Sec. 61. Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read:
66.7 		Subd. 39.Protected wild animals. "Protected wild animals" are the following wild 
66.8 	animals: means big game, small game, game fish, rough fish, minnows, leeches, alewives, 
66.9 	ciscoes, chubs, and lake whitefish, and the subfamily Coregoninae, rainbow smelt, frogs, 
66.10 	turtles, clams, mussels, wolf, mourning doves, bats, snakes, salamanders, lizards, any animal 
66.11 	species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter 
66.12 	6134, and wild animals that are protected by a restriction in the time or manner of taking, 
66.13 	other than a restriction in the use of artificial lights, poison, or motor vehicles.

66.14 	Sec. 62. Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read:
66.15 		Subd. 43.Rough fish. "Rough fish" means carp, buffalo, sucker, sheepshead, bowfin, 
66.16 	burbot, cisco, gar, goldeye, and bullhead, except for any fish species listed as endangered, 
66.17 	threatened, or of special concern in Minnesota Rules, chapter 6134.

66.18 	Sec. 63. Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read:
66.19 		Subd. 45.Small game. "Small game" means game birds, gray squirrel, fox squirrel, 
66.20 	cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, short-tailed weasel, 
66.21 	long-tailed weasel, wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar, 
66.22 	wolverine, muskrat, mink, otter, and beaver.

66.23 	Sec. 64. Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read:
66.24 		Subd. 52.Unprotected birds. "Unprotected birds" means English sparrow, blackbird,
66.25 	starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar partridge, 
66.26 	quail other than bobwhite quail, and mute swan.

66.27 	Sec. 65. Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read:
66.28 		Subd. 53.Unprotected wild animals. "Unprotected wild animals" means wild animals 
66.29 	that are not protected wild animals including weasel, coyote, plains pocket gopher, porcupine, 
67.1 	striped skunk, and unprotected birds, except any animal species listed as endangered, 
67.2 	threatened, or of special concern in Minnesota Rules, chapter 6134.

67.3 	Sec. 66. Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read:
67.4 		Subd. 10.Reciprocal agreements on violations. The commissioner, with the approval 
67.5 	of the attorney general, may enter into reciprocal agreements with game and fish authorities 
67.6 	in other states and the United States government to provide for:
67.7 	(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents 
67.8 	for violations of game and fish laws committed in signatory jurisdictions which that result 
67.9 	in license revocation in that jurisdiction;
67.10 	(2) reporting convictions and license revocations of residents of signatory states for 
67.11 	violations of game and fish laws of Minnesota to game and fish authorities in the 
67.12 	nonresident's state of residence; and
67.13 	(3) release upon signature without posting of bail for residents of signatory states accused 
67.14 	of game and fish law violations in this state, providing for recovery, in the resident 
67.15 	jurisdiction, of fines levied if the citation is not answered in this state.
67.16 	As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail.

67.17 	Sec. 67. Minnesota Statutes 2016, section 97A.055, subdivision 2, is amended to read:
67.18 		Subd. 2.Receipts. The commissioner of management and budget shall credit to the 
67.19 	game and fish fund all money received under the game and fish laws and all income from 
67.20 	state lands acquired by purchase or gift for game or fish purposes, including receipts from:
67.21 	(1) licenses and permits issued;
67.22 	(2) fines and forfeited bail;
67.23 	(3) sales of contraband, wild animals, and other property under the control of the division, 
67.24 	except as provided in section 97A.225, subdivision 8, clause (2);
67.25 	(4) fees from advanced education courses for hunters and trappers;
67.26 	(5) reimbursements of expenditures by the division;
67.27 	(6) contributions to the division; and
67.28 	(7) revenue credited to the game and fish fund under section 297A.94, paragraph (e), 
67.29 	clause (1).

68.1 	Sec. 68. Minnesota Statutes 2016, section 97A.075, subdivision 1, is amended to read:
68.2 		Subdivision 1.Deer, bear, and lifetime licenses. (a) For purposes of this subdivision, 
68.3 	"deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5), 
68.4 	(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and 
68.5 	8, paragraph (b), and licenses issued under section 97B.301, subdivision 4.
68.6 	(b) $2 from each annual deer license and $2 annually from the lifetime fish and wildlife 
68.7 	trust fund, established in section 97A.4742, for each license issued under section 97A.473, 
68.8 	subdivision 4, shall be credited to the deer management account and is appropriated to the 
68.9 	commissioner for deer habitat improvement or deer management programs.
68.10 	(c) $1 from each annual deer license and each bear license and $1 annually from the 
68.11 	lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued 
68.12 	under section 97A.473, subdivision 4, shall be credited to the deer and bear management 
68.13 	account and is appropriated to the commissioner for deer and bear management programs, 
68.14 	including a computerized licensing system.
68.15 	(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild 
68.16 	cervidae health management account and is appropriated for emergency deer feeding and 
68.17 	wild cervidae health management. Money appropriated for emergency deer feeding and 
68.18 	wild cervidae health management is available until expended.
68.19 	When the unencumbered balance in the appropriation for emergency deer feeding and 
68.20 	wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the 
68.21 	unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear 
68.22 	management programs and computerized licensing.
68.23 	(e) Fifty cents from each annual deer license and 50 cents annually from the lifetime 
68.24 	fish and wildlife trust fund established in section 97A.4742, for each license issued under 
68.25 	section 97A.473, subdivision 4, shall be credited to the wolf management and monitoring 
68.26 	account under subdivision 7.

68.27 	EFFECTIVE DATE. This section is effective July 1 of the year following the year the 
68.28 	wolf is delisted under the federal Endangered Species Act.

68.29 	Sec. 69. Minnesota Statutes 2016, section 97A.137, subdivision 5, is amended to read:
68.30 		Subd. 5.Portable stands. Prior to the Saturday on or nearest September 16, A portable 
68.31 	stand may be left overnight in a wildlife management area by a person with a valid bear
68.32 	license who is hunting within 100 yards of a bear bait site that is legally tagged and registered 
68.33 	as prescribed under section 97B.425 to take big game during the respective season. Any 
69.1 	person leaving a portable stand overnight under this subdivision must affix a tag with: (1) 
69.2 	the person's name and address; (2) the licensee's driver's license number; or (3) the "MDNR#" 
69.3 	license identification number issued to the licensee. The tag must be affixed to the stand in 
69.4 	a manner that it can be read from the ground and be made of a material sufficient to withstand 
69.5 	weather conditions. A person leaving a portable stand overnight in a wildlife management 
69.6 	area may not leave more than two portable stands in any one wildlife management area.

69.7 	Sec. 70. Minnesota Statutes 2016, section 97A.201, subdivision 2, is amended to read:
69.8 		Subd. 2.Duty of county attorneys and peace officers. County attorneys and All peace 
69.9 	officers must enforce the game and fish laws.

69.10 	Sec. 71. Minnesota Statutes 2016, section 97A.201, is amended by adding a subdivision 
69.11 	to read:
69.12 		Subd. 3.Prosecuting authority. County attorneys are the primary prosecuting authority 
69.13 	for violations under section 97A.205, clause (5). Prosecution includes associated civil 
69.14 	forfeiture actions provided by law.

69.15 	Sec. 72. Minnesota Statutes 2016, section 97A.225, subdivision 8, is amended to read:
69.16 		Subd. 8.Proceeds of sale. After determining the expense The proceeds from the sale 
69.17 	after payment of the costs of seizing, towing, keeping, and selling the property, the 
69.18 	commissioner must pay the and satisfying valid liens from the proceeds according to the 
69.19 	court order. The remaining proceeds against the property must be distributed as follows:
69.20 	(1) 70 percent of the money or proceeds shall be deposited in the state treasury and 
69.21 	credited to the game and fish fund; and
69.22 	(2) 30 percent of the money or proceeds is considered a cost of forfeiting the property 
69.23 	and must be forwarded to the prosecuting authority that handled the forfeiture for deposit 
69.24 	as a supplement to its operating fund or similar fund for prosecutorial purposes.

69.25 	Sec. 73. Minnesota Statutes 2016, section 97A.301, subdivision 1, is amended to read:
69.26 		Subdivision 1.Misdemeanor. Unless a different penalty is prescribed, a person is guilty 
69.27 	of a misdemeanor if that person:
69.28 	(1) takes, buys, sells, transports or possesses a wild animal in violation of violates the 
69.29 	game and fish laws;
69.30 	(2) aids or assists in committing the violation;
70.1 	(3) knowingly shares in the proceeds of the violation;
70.2 	(4) fails to perform a duty or comply with a requirement of the game and fish laws;
70.3 	(5) knowingly makes a false statement related to an affidavit regarding a violation or 
70.4 	requirement of the game and fish laws; or
70.5 	(6) violates or attempts to violate a rule under the game and fish laws.

70.6 	Sec. 74. Minnesota Statutes 2016, section 97A.338, is amended to read:
70.7 	97A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.
70.8 	(a) A person who takes, possesses, or transports wild animals over the legal limit, in 
70.9 	closed season, or without a valid license, when the restitution value of the wild animals is 
70.10 	over $1,000 is guilty of a gross overlimit violation. Except as provided in paragraph (b), a 
70.11 	violation under this section paragraph is a gross misdemeanor.
70.12 	(b) If a wild animal involved in a gross overlimit violation is listed as a threatened or 
70.13 	endangered wild animal, the penalty in paragraph (a) does not apply unless more than one 
70.14 	animal is taken, possessed, or transported in violation of the game and fish laws.

70.15 	Sec. 75. Minnesota Statutes 2016, section 97A.420, subdivision 1, is amended to read:
70.16 		Subdivision 1.Seizure. (a) An enforcement officer shall immediately seize the license 
70.17 	of a person who unlawfully takes, transports, or possesses wild animals when the restitution 
70.18 	value of the wild animals exceeds $500. Except as provided in subdivisions 2, 4, and 5, the 
70.19 	person may not use or obtain any license to take the same type of wild animals involved, 
70.20 	including a duplicate license, until an action is taken under subdivision 6. If the license 
70.21 	seized under this paragraph was for a big game animal, the license seizure applies to all 
70.22 	licenses to take big game issued to the individual. If the license seized under this paragraph 
70.23 	was for small game animals, the license seizure applies to all licenses to take small game 
70.24 	issued to the individual.
70.25 	(b) In addition to the license seizure under paragraph (a), if the restitution value of the 
70.26 	wild animals unlawfully taken, possessed, or transported is $5,000 $1,000 or more, all other 
70.27 	game and fish licenses held by the person shall be immediately seized. Except as provided 
70.28 	in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit, 
70.29 	including a duplicate license, until an action is taken under subdivision 6.
70.30 	(c) A person may not take wild animals covered by a license seized under this subdivision 
70.31 	until an action is taken under subdivision 6.

71.1 	Sec. 76. Minnesota Statutes 2016, section 97A.421, subdivision 2a, is amended to read:
71.2 		Subd. 2a.Issuance after conviction; gross overlimits. (a) A person may not obtain a 
71.3 	license to take a wild animal and is prohibited from taking wild animals for ten years after 
71.4 	the date of conviction of a violation when the restitution value of the wild animals is $2,000 
71.5 	or more.
71.6 	(b) A person may not obtain a license to take a wild animal and is prohibited from taking 
71.7 	wild animals for a period of five years after the date of conviction of:
71.8 	(1) a violation when the restitution value of the wild animals is $5,000 $1,000 or more, 
71.9 	but less than $2,000; or
71.10 	(2) a violation when the restitution value of the wild animals exceeds $500 and the 
71.11 	violation occurs within ten years of one or more previous license revocations under this 
71.12 	subdivision.
71.13 	(b) (c) A person may not obtain a license to take the type of wild animals involved in a 
71.14 	violation when the restitution value of the wild animals exceeds $500 and is prohibited from 
71.15 	taking the type of wild animals involved in the violation for a period of three years after the 
71.16 	date of conviction of a violation.
71.17 	(c)(d) The time period of multiple revocations under paragraph (a) or (b), clause (2), 
71.18 	shall be are consecutive and no wild animals of any kind may be taken during the entire 
71.19 	revocation period.
71.20 	(e) If a wild animal involved in the conviction is listed as a threatened or endangered 
71.21 	wild animal, the revocations under this subdivision do not apply unless more than one animal 
71.22 	is taken, possessed, or transported in violation of the game and fish laws.
71.23 	(d)(f) The court may not stay or reduce the imposition of license revocation provisions 
71.24 	under this subdivision.

71.25 	Sec. 77. Minnesota Statutes 2016, section 97A.441, subdivision 1, is amended to read:
71.26 		Subdivision 1.Angling and spearing; disabled residents. (a) A person authorized to 
71.27 	issue licenses must issue, without a fee, licenses to take fish by angling or spearing to a 
71.28 	resident who is:
71.29 	(1) blind;
71.30 	(2) a recipient of Supplemental Security Income for the aged, blind, and disabled;
72.1 	(3) a recipient of Social Security aid to the disabled under United States Code, title 42, 
72.2 	section 416, paragraph (i)(l), or section 423(d);
72.3 	(4) a recipient of workers' compensation based on a finding of total and permanent 
72.4 	disability;
72.5 	(5) 65 years of age or older and was qualified under clause (2) or (3) at the age of 64; 
72.6 	or
72.7 	(6) permanently disabled and meets the disability requirements for Supplemental Security 
72.8 	Income or Social Security aid to the disabled under United States Code, title 42, section 
72.9 	416, paragraph (i)(l), or section 423(d);
72.10 	(7) receiving aid under the federal Railroad Retirement Act of 1974, United States Code, 
72.11 	title 45, section 231a(a)(1)(v); or
72.12 	(8) a former employee of the United States Postal Service receiving disability pay under 
72.13 	United States Code, title 5, section 8337.
72.14 	(b) A driver's license or Minnesota identification card bearing the applicable designation 
72.15 	under section 171.07, subdivision 17, serves as satisfactory evidence to obtain a license 
72.16 	under this subdivision at all agent locations.

72.17 	Sec. 78. Minnesota Statutes 2016, section 97B.031, subdivision 6, is amended to read:
72.18 		Subd. 6.Scopes; age 60 or over. A person age 60 or over may use a muzzleloader with 
72.19 	a scope to take deer during the muzzleloader season. The scope may have magnification 
72.20 	capabilities.

72.21 	Sec. 79. [97B.032] RULES LIMITING USE OF LEAD SHOT PROHIBITED.
72.22 	The commissioner of natural resources shall not adopt rules further restricting the use 
72.23 	of lead shot.

72.24 	EFFECTIVE DATE. This section is effective the day following final enactment and 
72.25 	applies to rules adopted on or after that date.

72.26 	Sec. 80. Minnesota Statutes 2016, section 97B.071, is amended to read:
72.27 	97B.071 BLAZE ORANGE CLOTHING REQUIREMENTS; BLAZE ORANGE 
72.28 	OR BLAZE PINK.
72.29 	(a) Except as provided in rules adopted under paragraph (c), a person may not hunt or 
72.30 	trap during the open season where deer may be taken by firearms under applicable laws and 
73.1 	ordinances, unless the visible portion of the person's cap and outer clothing above the waist, 
73.2 	excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze pink
73.3 	includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within each 
73.4 	foot square. This section does not apply to migratory-waterfowl hunters on waters of this 
73.5 	state or in a stationary shooting location or to trappers on waters of this state.
73.6 	(b) Except as provided in rules adopted under paragraph (c), and in addition to the 
73.7 	requirement in paragraph (a), a person may not take small game other than turkey, migratory 
73.8 	birds, raccoons, and predators, except while trapping, unless a visible portion of at least one 
73.9 	article of the person's clothing above the waist is blaze orange or blaze pink. This paragraph 
73.10 	does not apply to a person when in a stationary location while hunting deer by archery or 
73.11 	when hunting small game by falconry.
73.12 	(c) The commissioner may, by rule, prescribe an alternative color in cases where 
73.13 	paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public 
73.14 	Law 103-141.
73.15 	(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only by 
73.16 	a safety warning.

73.17 	Sec. 81. Minnesota Statutes 2016, section 97B.405, is amended to read:
73.18 	97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
73.19 	(a) The commissioner may limit the number of persons that may hunt bear in an area, 
73.20 	if it is necessary to prevent an overharvest or improve the distribution of hunters. The 
73.21 	commissioner may establish, by rule, a method, including a drawing, to impartially select 
73.22 	the hunters for an area. The commissioner shall give preference to hunters that have 
73.23 	previously applied and have not been selected.
73.24 	(b) If the commissioner limits the number of persons that may hunt bear in an area under 
73.25 	paragraph (a), the commissioner must reserve one permit and give first preference for that 
73.26 	permit to a resident of a Minnesota veterans home.
73.27 	(b) (c) A person selected through a drawing must purchase a license by August 1. Any 
73.28 	remaining available licenses not purchased shall be issued to any eligible person as prescribed 
73.29 	by the commissioner on a first-come, first-served basis beginning three business days after 
73.30 	August 1.

73.31 	Sec. 82. Minnesota Statutes 2016, section 97B.431, is amended to read:
73.32 	97B.431 BEAR-HUNTING OUTFITTERS.
74.1 	(a) A person may not place bait for bear, or guide hunters to take bear, for compensation 
74.2 	without a bear-hunting-outfitter license. A bear-hunting outfitter is not required to have a 
74.3 	license to take bear unless the outfitter is attempting to shoot a bear. The commissioner 
74.4 	shall adopt rules for qualifications for issuance and administration of the licenses.
74.5 	(b) The commissioner shall establish a resident master bear-hunting-outfitter license 
74.6 	under which one person serves as the bear-hunting outfitter and one other person is eligible 
74.7 	to guide and bait bear. Additional persons may be added to the license and are eligible to 
74.8 	guide and bait bear under the license, provided the additional fee under section 97A.475, 
74.9 	subdivision 16, is paid for each person added. The commissioner shall adopt rules for 
74.10 	qualifications for issuance and administration of the licenses. The commissioner must not 
74.11 	require a person to have certification or training in first aid or CPR to be eligible for a license 
74.12 	under this section.

74.13 	Sec. 83. Minnesota Statutes 2016, section 97B.516, is amended to read:
74.14 	97B.516 ELK MANAGEMENT PLAN.
74.15 	(a) The commissioner of natural resources must adopt an elk management plan that:
74.16 	(1) recognizes the value and uniqueness of elk;
74.17 	(2) provides for integrated management of an elk population in harmony with the 
74.18 	environment; and
74.19 	(3) affords optimum recreational opportunities.
74.20 	(b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd in 
74.21 	Kittson, Roseau, Marshall, or Beltrami Counties in a manner that would increase the size 
74.22 	of the herd, including adoption or implementation of an elk management plan designed to 
74.23 	increase an elk herd, unless the commissioner of agriculture verifies that crop and fence 
74.24 	damages paid under section 3.7371 and attributed to the herd have not increased for at least 
74.25 	two years.
74.26 	(c) At least 60 days prior to implementing a plan to increase an elk herd, the 
74.27 	commissioners of natural resources and agriculture must hold a joint public meeting in the 
74.28 	county where the elk herd to be increased is located. At the meeting, the commissioners 
74.29 	must present evidence that crop and fence damages have not increased in the prior two years 
74.30 	and must detail the practices that will be used to reduce elk conflicts with area landowners.

75.1 	Sec. 84. Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read:
75.2 		Subdivision 1.Owners and occupants may take certain animals. A person or the 
75.3 	person's agent may take bats, snakes, salamanders, lizards, weasel, mink, squirrel, rabbit, 
75.4 	hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the 
75.5 	person where the animal is causing damage. The person or the person's agent may take the 
75.6 	animal without a license and in any manner except by poison, or artificial lights in the closed 
75.7 	season or by poison. Raccoons may be taken under this subdivision with artificial lights 
75.8 	during open season. A person thator the person's agent who kills mink, raccoon, bobcat, 
75.9 	fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer 
75.10 	or employee of the Fish and Wildlife Division within 24 hours after the animal is killed.

75.11 	Sec. 85. Minnesota Statutes 2016, section 97C.315, subdivision 1, is amended to read:
75.12 		Subdivision 1.Lines. An angler may not use more than one line except:
75.13 	(1) two lines may be used to take fish through the ice; and
75.14 	(2) the commissioner may, by rule, authorize the use of two lines in areas designated by 
75.15 	the commissioner in Lake Superior; and
75.16 	(3) two lines may be used to take fish during the open-water season, except on waters 
75.17 	during a catch and release season for any species, by a resident or nonresident angler who 
75.18 	purchases a second-line endorsement for $5. Of the amount collected from purchases of 
75.19 	second-line endorsements, 50 percent must be spent on walleye stocking.

75.20 	EFFECTIVE DATE. This section is effective March 1, 2018.

75.21 	Sec. 86. Minnesota Statutes 2016, section 97C.355, subdivision 2a, is amended to read:
75.22 		Subd. 2a.Portable shelters. (a) A person using a portable shelter that is not identified 
75.23 	under subdivision 1 may not leave the portable shelter unattended between midnight and 
75.24 	sunrise and must remain within 200 feet of the shelter while the shelter is on the ice of state 
75.25 	waters.
75.26 	(b) If a person leaves the portable shelter unattended any time between midnight and 
75.27 	one hour before sunrise or is not within 200 feet of the portable shelter, the portable shelter 
75.28 	must be licensed as provided under subdivision 2.

76.1 	Sec. 87. Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read:
76.2 		Subd. 2.Walleye; northern pike. (a) Except as provided in paragraph (b), A person 
76.3 	may have no more than one walleye larger than 20 inches and one northern pike larger than 
76.4 	30 inches in possession. This subdivision does not apply to boundary waters.
76.5 	(b) The restrictions in paragraph (a) do not apply to boundary waters.

76.6 	Sec. 88. Minnesota Statutes 2016, section 97C.501, subdivision 1, is amended to read:
76.7 		Subdivision 1.Minnow retailers. (a) A person may not be a minnow retailer without 
76.8 	a minnow retailer license except as provided in subdivisions 2, paragraph (d), and 3. A 
76.9 	person must purchase a minnow retailer license for each minnow retail outlet operated, 
76.10 	except as provided by subdivision 2, paragraph (d).
76.11 	(b) A minnow retailer must obtain a minnow retailer's vehicle license for each motor 
76.12 	vehicle used by the minnow retailer to transport more than 12 dozen minnows to the minnow 
76.13 	retailer's place of business, except as provided in subdivision 3. A minnow retailer is not 
76.14 	required to obtain a minnow retailer's vehicle license:
76.15 	(1) as provided in subdivision 3;
76.16 	(2) if the minnow retailer is licensed as a resort under section 157.16, is transporting 
76.17 	minnows purchased from a minnow dealer's place of business directly to the resort, possesses 
76.18 	a detailed receipt, including the date and time of purchase, and presents the receipt and 
76.19 	minnows for inspection upon request; or
76.20 	(3) if minnows are being transported by common carrier and information is provided 
76.21 	that allows the commissioner to find out the location of the shipment in the state.

76.22 	Sec. 89. Minnesota Statutes 2016, section 97C.515, subdivision 2, is amended to read:
76.23 		Subd. 2.Permit for transportation; importation. (a) A person may transport live 
76.24 	minnows through the state with a permit from the commissioner. The permit must state the 
76.25 	name and address of the person, the number and species of minnows, the point of entry into 
76.26 	the state, the destination, and the route through the state. The permit is not valid for more 
76.27 	than 12 hours after it is issued. A person must not import minnows into the state except as 
76.28 	provided in this section.
76.29 	(b) Minnows transported under this subdivision must be in a tagged container. The tag 
76.30 	number must correspond with tag numbers listed on the minnow transportation permit.
77.1 	(c) The commissioner may require the person transporting minnow species found on 
77.2 	the official list of viral hemorrhagic septicemia susceptible species published by the United 
77.3 	States Department of Agriculture, Animal and Plant Health Inspection Services, to provide 
77.4 	health certification for viral hemorrhagic septicemia. The certification must disclose any 
77.5 	incidentally isolated replicating viruses, and must be dated within the 12 months preceding 
77.6 	transport.
77.7 	(d) Golden shiner minnows may be imported as provided in this subdivision. Golden 
77.8 	shiner minnows that are imported must be certified as healthy according to Arkansas 
77.9 	standards in accordance with the Arkansas baitfish certification program.
77.10 	(e) Golden shiner minnows must be certified free of viral hemorrhagic septicemia, 
77.11 	infectious hematopoietic necrosis, infectious pancreatic necrosis, spring viremia of carp 
77.12 	virus, fathead minnow nidovirus, heterosporis, aeromonas salmonicida, and yersinia ruckeri.
77.13 	(f) Golden shiner minnows must originate from a biosecure facility that has tested 
77.14 	negative for invasive species.
77.15 	(g) Only a person that holds a Minnesota wholesale minnow dealer's license issued under 
77.16 	section 97C.501, subdivision 2, may obtain a permit to import golden shiner minnows.

77.17 	Sec. 90. Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision 
77.18 	to read:
77.19 		Subd. 7.Harvesting mussel shells. Live mussels may not be harvested. A person 
77.20 	possessing a valid resident or nonresident angling license or a person not required to have 
77.21 	an angling license to take fish may take and possess at any time, for personal use only, not 
77.22 	more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may 
77.23 	be harvested in waters of the state where fish may be taken by angling. Mussel shells must 
77.24 	be harvested by hand-picking only and may not be purchased or sold.

77.25 	Sec. 91. Minnesota Statutes 2016, section 103B.101, subdivision 12a, is amended to read:
77.26 		Subd. 12a.Authority to issue penalty orders. (a) A county or watershed district with 
77.27 	jurisdiction or The Board of Water and Soil Resources may issue an order requiring violations 
77.28 	of the water resources riparian protection requirements under sections 103F.415, 103F.421, 
77.29 	and 103F.48 to be corrected and administratively assessing monetary penalties up to $500 
77.30 	for noncompliance commencing on day one of the 11th month after the noncompliance 
77.31 	notice was issued. The proceeds collected from an administrative penalty order issued under 
78.1 	this section must be remitted to the county or watershed district with jurisdiction over the 
78.2 	noncompliant site, or otherwise remitted to the Board of Water and Soil Resources.
78.3 	(b) Before exercising this authority, the Board of Water and Soil Resources must adopt 
78.4 	a plan containing procedures for the issuance of administrative penalty orders by local 
78.5 	governments and the board as authorized in this subdivision. This plan, and any subsequent 
78.6 	amendments, will become effective 30 days after being published in the State Register. The 
78.7 	initial plan must be published in the State Register no later than July 1, 2017.
78.8 	(c) Administrative penalties may be reissued and appealed under paragraph (a) according 
78.9 	to section 103F.48, subdivision 9.

78.10 	Sec. 92. Minnesota Statutes 2016, section 103F.411, subdivision 1, is amended to read:
78.11 		Subdivision 1.Authority. The Board of Water and Soil Resources, in consultation with 
78.12 	counties, soil and water conservation districts, and other appropriate agencies, shall adopt 
78.13 	a model ordinance and rules that serve as a guide for local governments that have adopted 
78.14 	a soil loss ordinance to implement sections 103F.401 to 103F.455 and provide administrative 
78.15 	procedures for the board for sections 103F.401 to 103F.455.

78.16 	Sec. 93. Minnesota Statutes 2016, section 103F.48, subdivision 1, is amended to read:
78.17 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms have 
78.18 	the meanings given them.
78.19 	(b) "Board" means the Board of Water and Soil Resources.
78.20 	(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive plants 
78.21 	and noxious weeds, adjacent to all bodies of water within the state and that protects the 
78.22 	water resources of the state from runoff pollution; stabilizes soils, shores, and banks; and 
78.23 	protects or provides riparian corridors.
78.24 	(d) "Buffer protection map" means buffer maps established and maintained by the 
78.25 	commissioner of natural resources.
78.26 	(e) "Commissioner" means the commissioner of natural resources.
78.27 	(f) "Executive director" means the executive director of the Board of Water and Soil 
78.28 	Resources.
78.29 	(g) "Local water management authority" means a watershed district, metropolitan water 
78.30 	management organization, or county operating separately or jointly in its role as local water 
78.31 	management authority under chapter 103B or 103D.
79.1 	(h) "Normal water level" means the level evidenced by the long-term presence of surface 
79.2 	water as indicated directly by hydrophytic plants or hydric soils or indirectly determined 
79.3 	via hydrological models or analysis.
79.4 	(i) "Public waters" has the meaning given in section 103G.005, subdivision 15. The term
79.5 	means public waters as used in this section applies to waters that are on the public waters 
79.6 	inventory as provided in section 103G.201.
79.7 	(j) "With jurisdiction" means a board determination that the county or watershed district 
79.8 	that has adopted a rule, ordinance, or official controls providing procedures for the issuance 
79.9 	of administrative penalty orders, enforcement, and appeals for purposes of this section and 
79.10 	section 103B.101, subdivision 12a that has notified the board.

79.11 	Sec. 94. Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:
79.12 		Subd. 3.Water resources riparian protection requirements on public waters and 
79.13 	public drainage systems. (a) Except as provided in paragraph (b), landowners owning 
79.14 	property adjacent to a water body identified and mapped on a buffer protection map must 
79.15 	maintain a buffer to protect the state's water resources as follows:
79.16 	(1) for all public waters that have a shoreland classification, the more restrictive of:
79.17 	(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially 
79.18 	rooted vegetation; or
79.19 	(ii) the state shoreland standards and criteria adopted by the commissioner under section 
79.20 	103F.211; and
79.21 	(2) for public drainage systems established under chapter 103E and public waters that 
79.22 	do not have a shoreland classification, a 16.5-foot minimum width continuous buffer as 
79.23 	provided in section 103E.021, subdivision 1. The buffer vegetation shall not impede future 
79.24 	maintenance of the ditch.
79.25 	(b) A landowner owning property adjacent to a water body identified in a buffer protection 
79.26 	map and whose property is used for cultivation farming may meet the requirements under 
79.27 	paragraph (a) by adopting an alternative riparian water quality practice, or combination of 
79.28 	structural, vegetative, and management practices, based on the Natural Resources 
79.29 	Conservation Service Field Office Technical Guide or other practices approved by the local 
79.30 	soil and water conservation district board, that provide water quality protection comparable 
79.31 	to the buffer protection for the water body that the property abuts. Included in these practices 
79.32 	are retention ponds and alternative measures that prevent overland flow to the water resource.
79.33 	A landowner, authorized agent, or operator may request the soil and water conservation 
80.1 	district to make a determination whether a specific alternative water quality practice would 
80.2 	meet the applicable requirements under this section. If a landowner, authorized agent, or 
80.3 	operator has requested, at least 90 days before the applicable effective date under paragraph 
80.4 	(e), that the soil and water conservation district make a determination, then the landowner 
80.5 	must not be found noncompliant until the soil and water conservation district has notified 
80.6 	the landowner, agent, or operator in writing whether the practice would meet the applicable 
80.7 	requirements.
80.8 	(c) The width of a buffer on public waters must be measured from the top or crown of 
80.9 	the bank. Where there is no defined bank, measurement must be from the edge of the normal 
80.10 	water level. The width of the buffer on public drainage systems must be measured as provided 
80.11 	in section 103E.021, subdivision 1.
80.12 	(d) Upon request by a landowner or authorized agent or operator of a landowner, a 
80.13 	technical professional employee or contractor of the soil and water conservation district or 
80.14 	its delegate may issue a validation of compliance with the requirements of this subdivision. 
80.15 	The soil and water conservation district validation may be appealed to the board as described 
80.16 	in subdivision 9.
80.17 	(e) Buffers or alternative water quality practices required under paragraph (a) or (b) 
80.18 	must be in place on or before:
80.19 	(1) November 1, 2017 2019, for public waters; and
80.20 	(2) November 1, 2018 2020, for public drainage systems.
80.21 	(f) Nothing in this section limits the eligibility of a landowner or authorized agent or 
80.22 	operator of a landowner to participate in federal or state conservation programs, including 
80.23 	enrolling or reenrolling in federal conservation programs.
80.24 	(g) After the effective date of this section, a person planting buffers or water quality 
80.25 	protection practices to meet the requirements in paragraph (a) must use only seed mixes 
80.26 	that are certified to be free of Palmer amaranth or other noxious weed seeds. The board, a 
80.27 	county, or a watershed district must not take corrective action under subdivision 7 against 
80.28 	a landowner who does not have seed available to comply with this paragraph.

80.29 	EFFECTIVE DATE. This section is effective the day following final enactment.

80.30 	Sec. 95. Minnesota Statutes 2016, section 103F.48, subdivision 7, is amended to read:
80.31 		Subd. 7.Corrective actions. (a) If the soil and water conservation district determines 
80.32 	a landowner is not in compliance with this section, and the landowner has declined state or 
81.1 	federal assistance to pay 100 percent of the cost to establish buffers or other water resource 
81.2 	protection measures approved by the board and annual payments or an easement for the 
81.3 	land, the district must notify the county or watershed district with jurisdiction over the 
81.4 	noncompliant site and the board. The county or watershed district with jurisdiction or the 
81.5 	board must provide the landowner with a list of corrective actions needed to come into 
81.6 	compliance and a practical timeline to meet the requirements in this section. The county or 
81.7 	watershed district with jurisdiction must provide a copy of the corrective action notice to 
81.8 	the board.
81.9 	(b) A county or watershed district exercising jurisdiction under this subdivision and the
81.10 	enforcement authority granted in section 103B.101, subdivision 12a, shall affirm their 
81.11 	jurisdiction and identify the ordinance, rule, or other official controls to carry out the 
81.12 	compliance provisions of this section and section 103B.101, subdivision 12a, by notice to 
81.13 	the board prior to March 31, 2017. A county or watershed district must provide notice to 
81.14 	the board at least 60 days prior to the effective date of a subsequent decision on their 
81.15 	jurisdiction.
81.16 	(c) If the landowner does not comply with the list of actions and timeline provided, the 
81.17 	county or watershed district may enforce this section under the authority granted in section 
81.18 	103B.101, subdivision 12a, or by rule of the watershed district or ordinance or other official 
81.19 	control of the county. Before exercising administrative penalty authority, a county or 
81.20 	watershed district must adopt a plan consistent with the plan adopted by the board containing 
81.21 	procedures for the issuance of administrative penalty orders and may issue orders beginning 
81.22 	November 1, 2017. If a county or watershed district with jurisdiction over the noncompliant 
81.23 	site has not adopted a plan, rule, ordinance, or official control under this paragraph, the 
81.24 	board must enforce this section under the authority granted in section 103B.101, subdivision 
81.25 	12a.
81.26 	(d) If the county, watershed district, or board determines that sufficient steps have been 
81.27 	taken to fully resolve noncompliance, all or part of the penalty may be forgiven.
81.28 	(e) An order issued under paragraph (c) may be appealed to the board as provided under 
81.29 	subdivision 9.
81.30 	(f) A corrective action is not required for conditions resulting from a flood or other act 
81.31 	of nature.
81.32 	(g) A landowner agent or operator of a landowner may not remove or willfully degrade 
81.33 	a riparian buffer or water quality practice, wholly or partially, unless the agent or operator 
81.34 	has obtained a signed statement from the property owner stating that the permission for the 
82.1 	work has been granted by the unit of government authorized to approve the work in this 
82.2 	section or that a buffer or water quality practice is not required as validated by the soil and 
82.3 	water conservation district. Removal or willful degradation of a riparian buffer or water 
82.4 	quality practice, wholly or partially, by an agent or operator is a separate and independent 
82.5 	offense and may be subject to the corrective actions and penalties in this subdivision.
82.6 	(h) A county or watershed district or the board shall not enforce this section unless 
82.7 	federal or state assistance is available to the landowner to pay 100 percent of the cost to 
82.8 	establish buffers or other water resource protection measures approved by the board and 
82.9 	annual payments or an easement for the land.

82.10 	Sec. 96. Minnesota Statutes 2016, section 103G.005, is amended by adding a subdivision 
82.11 	to read:
82.12 		Subd. 8a.Constructed management facilities for storm water. "Constructed 
82.13 	management facilities for storm water" means ponds, basins, holding tanks, cisterns, 
82.14 	infiltration trenches and swales, or other best management practices that have been designed, 
82.15 	constructed, and operated to store or treat storm water in accordance with local, state, or 
82.16 	federal requirements.

82.17 	Sec. 97. Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to read:
82.18 		Subd. 10b.Greater than 80 percent area. "Greater than 80 percent area" means a 
82.19 	county or, watershed, or, for purposes of wetland replacement, bank service area where 80 
82.20 	percent or more of the presettlement wetland acreage is intact and:
82.21 	(1) ten percent or more of the current total land area is wetland; or
82.22 	(2) 50 percent or more of the current total land area is state or federal land.

82.23 	Sec. 98. Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to read:
82.24 		Subd. 10h.Less than 50 percent area. "Less than 50 percent area" means a county or,
82.25 	watershed, or, for purposes of wetland replacement, bank service area with less than 50 
82.26 	percent of the presettlement wetland acreage intact or any county or, watershed, or bank 
82.27 	service area not defined as a "greater than 80 percent area" or "50 to 80 percent area."

82.28 	Sec. 99. Minnesota Statutes 2016, section 103G.222, subdivision 1, is amended to read:
82.29 		Subdivision 1.Requirements. (a) Wetlands must not be drained or filled, wholly or 
82.30 	partially, unless replaced by actions that provide at least equal public value under a 
83.1 	replacement plan approved as provided in section 103G.2242, a replacement plan under a 
83.2 	local governmental unit's comprehensive wetland protection and management plan approved 
83.3 	by the board under section 103G.2243, or, if a permit to mine is required under section 
83.4 	93.481, under a mining reclamation plan approved by the commissioner under the permit 
83.5 	to mine. Project-specific wetland replacement plans submitted as part of a project for which 
83.6 	a permit to mine is required and approved by the commissioner on or after July 1, 1991, 
83.7 	may include surplus wetland credits to be allocated by the commissioner to offset future 
83.8 	mining-related wetland impacts under any permits to mine held by the permittee, the operator, 
83.9 	the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant to an 
83.10 	assignment under section 93.481, subdivision 5. For project-specific wetland replacement 
83.11 	completed prior to wetland impacts authorized or conducted under a permit to mine within 
83.12 	the Great Lakes and Rainy River watershed basins, those basins shall be considered a single 
83.13 	watershed for purposes of determining wetland replacement ratios. Mining reclamation 
83.14 	plans shall apply the same principles and standards for replacing wetlands that are applicable 
83.15 	to mitigation plans approved as provided in section 103G.2242. The commissioner must 
83.16 	provide notice of an application for wetland replacement under a permit to mine to the 
83.17 	county in which the impact is proposed and the county in which a mitigation site is proposed. 
83.18 	Public value must be determined in accordance with section 103B.3355 or a comprehensive 
83.19 	wetland protection and management plan established under section 103G.2243. Sections 
83.20 	103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently 
83.21 	flooded areas of types 3, 4, and 5 wetlands.
83.22 	(b) Replacement must be guided by the following principles in descending order of 
83.23 	priority:
83.24 	(1) avoiding the direct or indirect impact of the activity that may destroy or diminish 
83.25 	the wetland;
83.26 	(2) minimizing the impact by limiting the degree or magnitude of the wetland activity 
83.27 	and its implementation;
83.28 	(3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland 
83.29 	environment;
83.30 	(4) reducing or eliminating the impact over time by preservation and maintenance 
83.31 	operations during the life of the activity;
83.32 	(5) compensating for the impact by restoring a wetland; and
83.33 	(6) compensating for the impact by replacing or providing substitute wetland resources 
83.34 	or environments.
84.1 	For a project involving the draining or filling of wetlands in an amount not exceeding 
84.2 	10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9, 
84.3 	paragraph (a), the local government unit may make an on-site sequencing determination 
84.4 	without a written alternatives analysis from the applicant.
84.5 	(c) If a wetland is located in a cultivated field, then replacement must be accomplished 
84.6 	through restoration only without regard to the priority order in paragraph (b), provided that 
84.7 	the altered wetland is not converted to a nonagricultural use for at least ten years.
84.8 	(d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241, 
84.9 	subdivision 2, paragraph (b) or (e), the local government unit may require a deed restriction 
84.10 	that prohibits nonagricultural use for at least ten years. The local government unit may 
84.11 	require the deed restriction if it determines the wetland area drained is at risk of conversion 
84.12 	to a nonagricultural use within ten years based on the zoning classification, proximity to a 
84.13 	municipality or full service road, or other criteria as determined by the local government 
84.14 	unit.
84.15 	(e) Restoration and replacement of wetlands must be accomplished in accordance with 
84.16 	the ecology of the landscape area affected and ponds that are created primarily to fulfill 
84.17 	storm water management, and water quality treatment requirements may not be used to 
84.18 	satisfy replacement requirements under this chapter unless the design includes pretreatment 
84.19 	of runoff and the pond is functioning as a wetland.
84.20 	(f) Except as provided in paragraph (g), for a wetland or public waters wetland located 
84.21 	on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland 
84.22 	for each acre of drained or filled wetland.
84.23 	(g) For a wetland or public waters wetland located on agricultural land or in a greater 
84.24 	than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for 
84.25 	each acre of drained or filled wetland.
84.26 	(h) Wetlands that are restored or created as a result of an approved replacement plan are 
84.27 	subject to the provisions of this section for any subsequent drainage or filling.
84.28 	(i) Except in a greater than 80 percent area, only wetlands that have been restored from 
84.29 	previously drained or filled wetlands, wetlands created by excavation in nonwetlands, 
84.30 	wetlands created by dikes or dams along public or private drainage ditches, or wetlands 
84.31 	created by dikes or dams associated with the restoration of previously drained or filled 
84.32 	wetlands may be used for wetland replacement according to rules adopted under section 
84.33 	103G.2242, subdivision 1. Modification or conversion of nondegraded naturally occurring 
84.34 	wetlands from one type to another are not eligible for wetland replacement.
85.1 	(j) The Technical Evaluation Panel established under section 103G.2242, subdivision 
85.2 	2, shall ensure that sufficient time has occurred for the wetland to develop wetland 
85.3 	characteristics of soils, vegetation, and hydrology before recommending that the wetland 
85.4 	be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason 
85.5 	to believe that the wetland characteristics may change substantially, the panel shall postpone 
85.6 	its recommendation until the wetland has stabilized.
85.7 	(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply 
85.8 	to the state and its departments and agencies.
85.9 	(l) For projects involving draining or filling of wetlands associated with a new public 
85.10 	transportation project, and for projects expanded solely for additional traffic capacity, public 
85.11 	transportation authorities may purchase credits from the board at the cost to the board to 
85.12 	establish credits. Proceeds from the sale of credits provided under this paragraph are 
85.13 	appropriated to the board for the purposes of this paragraph. For the purposes of this 
85.14 	paragraph, "transportation project" does not include an airport project.
85.15 	(m) A replacement plan for wetlands is not required for individual projects that result 
85.16 	in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or 
85.17 	replacement of a currently serviceable existing state, city, county, or town public road 
85.18 	necessary, as determined by the public transportation authority, to meet state or federal 
85.19 	design or safety standards or requirements, excluding new roads or roads expanded solely 
85.20 	for additional traffic capacity lanes. This paragraph only applies to authorities for public 
85.21 	transportation projects that:
85.22 	(1) minimize the amount of wetland filling or draining associated with the project and 
85.23 	consider mitigating important site-specific wetland functions on site;
85.24 	(2) except as provided in clause (3), submit project-specific reports to the board, the 
85.25 	Technical Evaluation Panel, the commissioner of natural resources, and members of the 
85.26 	public requesting a copy at least 30 days prior to construction that indicate the location, 
85.27 	amount, and type of wetlands to be filled or drained by the project or, alternatively, convene 
85.28 	an annual meeting of the parties required to receive notice to review projects to be 
85.29 	commenced during the upcoming year; and
85.30 	(3) for minor and emergency maintenance work impacting less than 10,000 square feet, 
85.31 	submit project-specific reports, within 30 days of commencing the activity, to the board 
85.32 	that indicate the location, amount, and type of wetlands that have been filled or drained.
85.33 	Those required to receive notice of public transportation projects may appeal 
85.34 	minimization, delineation, and on-site mitigation decisions made by the public transportation 
86.1 	authority to the board according to the provisions of section 103G.2242, subdivision 9. The 
86.2 	Technical Evaluation Panel shall review minimization and delineation decisions made by 
86.3 	the public transportation authority and provide recommendations regarding on-site mitigation 
86.4 	if requested to do so by the local government unit, a contiguous landowner, or a member 
86.5 	of the Technical Evaluation Panel.
86.6 	Except for state public transportation projects, for which the state Department of 
86.7 	Transportation is responsible, the board must replace the wetlands, and wetland areas of 
86.8 	public waters if authorized by the commissioner or a delegated authority, drained or filled 
86.9 	by public transportation projects on existing roads.
86.10 	Public transportation authorities at their discretion may deviate from federal and state 
86.11 	design standards on existing road projects when practical and reasonable to avoid wetland 
86.12 	filling or draining, provided that public safety is not unreasonably compromised. The local 
86.13 	road authority and its officers and employees are exempt from liability for any tort claim 
86.14 	for injury to persons or property arising from travel on the highway and related to the 
86.15 	deviation from the design standards for construction or reconstruction under this paragraph. 
86.16 	This paragraph does not preclude an action for damages arising from negligence in 
86.17 	construction or maintenance on a highway.
86.18 	(n) If a landowner seeks approval of a replacement plan after the proposed project has 
86.19 	already affected the wetland, the local government unit may require the landowner to replace 
86.20 	the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required.
86.21 	(o) A local government unit may request the board to reclassify a county or watershed 
86.22 	on the basis of its percentage of presettlement wetlands remaining. After receipt of 
86.23 	satisfactory documentation from the local government, the board shall change the 
86.24 	classification of a county or watershed. If requested by the local government unit, the board 
86.25 	must assist in developing the documentation. Within 30 days of its action to approve a 
86.26 	change of wetland classifications, the board shall publish a notice of the change in the 
86.27 	Environmental Quality Board Monitor.
86.28 	(p) One hundred citizens who reside within the jurisdiction of the local government unit 
86.29 	may request the local government unit to reclassify a county or watershed on the basis of 
86.30 	its percentage of presettlement wetlands remaining. In support of their petition, the citizens 
86.31 	shall provide satisfactory documentation to the local government unit. The local government 
86.32 	unit shall consider the petition and forward the request to the board under paragraph (o) or 
86.33 	provide a reason why the petition is denied.

86.34 	EFFECTIVE DATE. This section is effective retroactively from July 1, 1991.

87.1 	Sec. 100. Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:
87.2 		Subd. 3.Wetland replacement siting. (a) Impacted wetlands in a 50 to Impacted 
87.3 	wetlands outside of a greater than 80 percent area must not be replaced in a 50 togreater 
87.4 	than 80 percent area or in a less than 50 percent area. Impacted wetlands in a less than 50 
87.5 	percent area must be replaced in a less than 50 percent area. All wetland replacement must 
87.6 	follow this priority order:
87.7 	(1) on site or in the same minor watershed as the impacted wetland;
87.8 	(2) in the same watershed as the impacted wetland;
87.9 	(3) in the same county or wetland bank service area as the impacted wetland; and
87.10 	(4) in another wetland bank service area.
87.11 	(b) Notwithstanding paragraph (a), wetland banking credits approved according to a 
87.12 	complete wetland banking application submitted to a local government unit by April 1, 
87.13 	1996, may be used to replace wetland impacts resulting from public transportation projects 
87.14 	statewide.
87.15 	(c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement 
87.16 	by wetland banking begins at paragraph (a), clause (3), according to rules adopted under 
87.17 	section 103G.2242, subdivision 1.
87.18 	(d) When reasonable, practicable, and environmentally beneficial replacement 
87.19 	opportunities are not available in siting priorities listed in paragraph (a), the applicant may 
87.20 	seek opportunities at the next level.
87.21 	(e) For the purposes of this section, "reasonable, practicable, and environmentally 
87.22 	beneficial replacement opportunities" are defined as opportunities that:
87.23 	(1) take advantage of naturally occurring hydrogeomorphological conditions and require 
87.24 	minimal landscape alteration;
87.25 	(2) have a high likelihood of becoming a functional wetland that will continue in 
87.26 	perpetuity;
87.27 	(3) do not adversely affect other habitat types or ecological communities that are 
87.28 	important in maintaining the overall biological diversity of the area; and
87.29 	(4) are available and capable of being done after taking into consideration cost, existing 
87.30 	technology, and logistics consistent with overall project purposes.
88.1 	(f) Regulatory agencies, local government units, and other entities involved in wetland 
88.2 	restoration shall collaborate to identify potential replacement opportunities within their 
88.3 	jurisdictional areas.
88.4 	(g) The board must establish wetland replacement ratios and wetland bank service area 
88.5 	priorities to implement the siting and targeting of wetland replacement and encourage the 
88.6 	use of high priority areas for wetland replacement.
88.7 	(h) Wetland replacement sites identified in accordance with the priority order for 
88.8 	replacement siting in paragraph (a) as part of the completion of an adequate environmental 
88.9 	impact statement may be approved for a replacement plan under section 93.481, 103G.2242, 
88.10 	or 103G.2243 without further modification related to the priority order, notwithstanding 
88.11 	availability of new mitigation sites or availability of credits after completion of an adequate 
88.12 	environmental impact statement. Wetland replacement plan applications must be submitted 
88.13 	within one year of the adequacy determination of the environmental impact statement to be 
88.14 	eligible for approval under this paragraph.

88.15 	Sec. 101. Minnesota Statutes 2016, section 103G.223, is amended to read:
88.16 	103G.223 CALCAREOUS FENS.
88.17 	(a) Calcareous fens, as identified by the commissioner by written order published in the 
88.18 	State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by 
88.19 	any activity, unless the commissioner, under an approved management plan, decides some 
88.20 	alteration is necessary. Identifications made by the commissioner are not subject to the 
88.21 	rulemaking provisions of chapter 14 and section 14.386 does not apply.
88.22 	(b) Notwithstanding paragraph (a), the commissioner must allow temporary reductions 
88.23 	in groundwater resources on a seasonal basis under an approved management plan for 
88.24 	appropriating water.

88.25 	Sec. 102. Minnesota Statutes 2016, section 103G.2242, subdivision 1, is amended to read:
88.26 		Subdivision 1.Rules. (a) The board, in consultation with the commissioner, shall adopt 
88.27 	rules governing the approval of wetland value replacement plans under this section and 
88.28 	public-waters-work permits affecting public waters wetlands under section 103G.245. These 
88.29 	rules must address the criteria, procedure, timing, and location of acceptable replacement 
88.30 	of wetland values and may address the state establishment and administration of a wetland 
88.31 	banking program for public and private projects, including provisions for an in-lieu fee 
88.32 	program; the administrative, monitoring, and enforcement procedures to be used; and a 
89.1 	procedure for the review and appeal of decisions under this section. In the case of peatlands, 
89.2 	the replacement plan rules must consider the impact on carbon. Any in-lieu fee program 
89.3 	established by the board must conform with Code of Federal Regulations, title 33, section 
89.4 	332.8, as amended.
89.5 	(b) After the adoption of the rules, a replacement plan must be approved by a resolution 
89.6 	of the governing body of the local government unit, consistent with the provisions of the 
89.7 	rules or a comprehensive wetland protection and management plan approved under section 
89.8 	103G.2243.
89.9 	(c) If the local government unit fails to apply the rules, or fails to implement a local 
89.10 	comprehensive wetland protection and management plan established under section 
89.11 	103G.2243, the government unit is subject to penalty as determined by the board.
89.12 	(d) When making a determination under rules adopted pursuant to this subdivision on 
89.13 	whether a rare natural community will be permanently adversely affected, consideration of 
89.14 	measures to mitigate any adverse effect on the community must be considered.

89.15 	Sec. 103. Minnesota Statutes 2016, section 103G.2242, subdivision 2, is amended to read:
89.16 		Subd. 2.Evaluation. (a) Questions concerning the public value, location, size, or type 
89.17 	of a wetland shall be submitted to and determined by a Technical Evaluation Panel after an 
89.18 	on-site inspection. The Technical Evaluation Panel shall be composed of a technical 
89.19 	professional employee of the board, a technical professional employee of the local soil and 
89.20 	water conservation district or districts, a technical professional with expertise in water 
89.21 	resources management appointed by the local government unit, and a technical professional 
89.22 	employee of the Department of Natural Resources for projects affecting public waters or 
89.23 	wetlands adjacent to public waters. The panel shall use the "United States Army Corps of 
89.24 	Engineers Wetland Delineation Manual" (January 1987), including updates, supplementary 
89.25 	guidance, and replacements, if any, "Wetlands of the United States" (United States Fish and 
89.26 	Wildlife Service Circular 39, 1971 edition), and "Classification of Wetlands and Deepwater 
89.27 	Habitats of the United States" (1979 edition). The panel shall provide the wetland 
89.28 	determination and recommendations on other technical matters to the local government unit 
89.29 	that must approve a replacement plan, sequencing, exemption determination, no-loss 
89.30 	determination, or wetland boundary or type determination and may recommend approval 
89.31 	or denial of the plan. The authority must consider and include the decision of the Technical 
89.32 	Evaluation Panel in their approval or denial of a plan or determination.
89.33 	(b) A member of the Technical Evaluation Panel that has a financial interest in a wetland 
89.34 	bank or management responsibility to sell or make recommendations in their official capacity 
90.1 	to sell credits from a publicly owned wetland bank must disclose that interest, in writing, 
90.2 	to the Technical Evaluation Panel and the local government unit.
90.3 	(b) (c) Persons conducting wetland or public waters boundary delineations or type 
90.4 	determinations are exempt from the requirements of chapter 326. The board may develop 
90.5 	a professional wetland delineator certification program.
90.6 	(c) (d) The board must establish an interagency team to assist in identifying and evaluating 
90.7 	potential wetland replacement sites. The team must consist of members of the Technical 
90.8 	Evaluation Panel and representatives from the Department of Natural Resources; the Pollution 
90.9 	Control Agency; the United States Army Corps of Engineers, St. Paul district; and other 
90.10 	organizations as determined by the board.

90.11 	Sec. 104. Minnesota Statutes 2016, section 103G.2372, subdivision 1, is amended to read:
90.12 		Subdivision 1.Authority; orders. (a) The commissioner of natural resources, 
90.13 	conservation officers, and peace officers shall enforce laws preserving and protecting 
90.14 	groundwater quantity, wetlands, and public waters. The commissioner of natural resources, 
90.15 	a conservation officer, or a peace officer may issue a cease and desist order to stop any 
90.16 	illegal activity adversely affecting groundwater quantity, a wetland, or public waters.
90.17 	(b) In the order, or by separate order, the commissioner, conservation officer, or peace 
90.18 	officer may require restoration or replacement of the wetland or public waters, as determined 
90.19 	by the local soil and water conservation district for wetlands and the commissioner of natural 
90.20 	resources for public waters. Restoration or replacement orders may be recorded or filed in 
90.21 	the office of the county recorder or registrar of titles, as appropriate, in the county where 
90.22 	the real property is located by the commissioner of natural resources, conservation officers, 
90.23 	or peace officers as a deed restriction on the property that runs with the land and is binding 
90.24 	on the owners, successors, and assigns until the conditions of the order are met or the order 
90.25 	is rescinded. Notwithstanding section 386.77, the agency shall pay the applicable filing fee 
90.26 	for any document filed under this section.
90.27 	(c) If a court has ruled that there has not been a violation of the restoration or replacement 
90.28 	order, an order may not be recorded or filed under this section.
90.29 	(d) If an order was recorded before a court finding that there has not been a violation or 
90.30 	an order was filed before the effective date of this section and the deed restriction would 
90.31 	have been in violation of paragraph (c), the commissioner must remove the deed restriction 
90.32 	if the owner of the property requests the commissioner to remove it. Within 30 days of 
90.33 	receiving the request for removal from the owner, the commissioner must contact, in writing, 
91.1 	the office of the county recorder or registrar of titles where the order is recorded or filed, 
91.2 	along with all applicable fees, and have the order removed. Within 30 days of receiving 
91.3 	notification from the office of the county recorder or registrar of titles that the order has 
91.4 	been removed, the commissioner must inform the owner that the order has been removed 
91.5 	and provide the owner with a copy of any documentation provided by the office of the 
91.6 	county recorder or registrar of titles.

91.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

91.8 	Sec. 105. Minnesota Statutes 2016, section 103G.271, subdivision 1, is amended to read:
91.9 		Subdivision 1.Permit required. (a) Except as provided in paragraph (b), the state, a 
91.10 	person, partnership, or association, private or public corporation, county, municipality, or 
91.11 	other political subdivision of the state may not appropriate or use waters of the state without 
91.12 	a water-use permit from the commissioner.
91.13 	(b) This section does not apply to the following water uses:
91.14 	(1) use for a water supply by less than 25 persons for domestic purposes, except as 
91.15 	required by the commissioner under section 103G.287, subdivision 4, paragraph (b).;
91.16 	(2) nonconsumptive diversion of a surface water of the state from its natural channel for 
91.17 	the production of hydroelectric or hydromechanical power at structures that were in existence 
91.18 	on and before July 1, 1937, including repowering, upgrades, or additions to those facilities; 
91.19 	or
91.20 	(3) appropriation or use of storm water collected and used to reduce storm-water runoff 
91.21 	volume, treat storm water, or sustain groundwater supplies when water is extracted from 
91.22 	constructed management facilities for storm water.
91.23 	(c) The commissioner may issue a state general permit for appropriation of water to a 
91.24 	governmental subdivision or to the general public. The general permit may authorize more 
91.25 	than one project and the appropriation or use of more than one source of water. Water-use 
91.26 	permit processing fees and reports required under subdivision 6 and section 103G.281, 
91.27 	subdivision 3, are required for each project or water source that is included under a general 
91.28 	permit, except that no fee is required for uses totaling less than 15,000,000 gallons annually.

91.29 	Sec. 106. Minnesota Statutes 2016, section 103G.271, subdivision 6, is amended to read:
91.30 		Subd. 6.Water-use permit processing fee. (a) Except as described in paragraphs (b) 
91.31 	to (g), a water-use permit processing fee must be prescribed by the commissioner in 
91.32 	accordance with the schedule of fees in this subdivision for each water-use permit in force 
92.1 	at any time during the year. Fees collected under this paragraph are credited to the water 
92.2 	management account in the natural resources fund. The schedule is as follows, with the 
92.3 	stated fee in each clause applied to the total amount appropriated:
92.4 	(1) $140 for amounts not exceeding 50,000,000 gallons per year;
92.5 	(2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less 
92.6 	than 100,000,000 gallons per year;
92.7 	(3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less than 
92.8 	150,000,000 gallons per year;
92.9 	(4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less 
92.10 	than 200,000,000 gallons per year;
92.11 	(5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less than 
92.12 	250,000,000 gallons per year;
92.13 	(6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less 
92.14 	than 300,000,000 gallons per year;
92.15 	(7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less than 
92.16 	350,000,000 gallons per year;
92.17 	(8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less 
92.18 	than 400,000,000 gallons per year;
92.19 	(9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less than 
92.20 	450,000,000 gallons per year;
92.21 	(10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less 
92.22 	than 500,000,000 gallons per year; and
92.23 	(11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
92.24 	(b) For once-through cooling systems, a water-use processing fee must be prescribed 
92.25 	by the commissioner in accordance with the following schedule of fees for each water-use 
92.26 	permit in force at any time during the year:
92.27 	(1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
92.28 	(2) for all other users, $420 per 1,000,000 gallons.
92.29 	(c) The fee is payable based on the amount of water appropriated during the year and, 
92.30 	except as provided in paragraph (f), the minimum fee is $100.
92.31 	(d) For water-use processing fees other than once-through cooling systems:
93.1 	(1) the fee for a city of the first class may not exceed $250,000 per year;
93.2 	(2) the fee for other entities for any permitted use may not exceed:
93.3 	(i) $60,000 per year for an entity holding three or fewer permits;
93.4 	(ii) $90,000 per year for an entity holding four or five permits; or
93.5 	(iii) $300,000 per year for an entity holding more than five permits;
93.6 	(3) the fee for agricultural irrigation may not exceed $750 per year;
93.7 	(4) the fee for a municipality that furnishes electric service and cogenerates steam for 
93.8 	home heating may not exceed $10,000 for its permit for water use related to the cogeneration 
93.9 	of electricity and steam; and
93.10 	(5) the fee for a facility that temporarily diverts a water of the state from its natural 
93.11 	channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per 
93.12 	year. A permit for such a facility does not count toward the number of permits held by an 
93.13 	entity as described in paragraph (d); and
93.14 	(5) (6) no fee is required for a project involving the appropriation of surface water to 
93.15 	prevent flood damage or to remove flood waters during a period of flooding, as determined 
93.16 	by the commissioner.
93.17 	(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten 
93.18 	percent per month calculated from the original due date must be imposed on the unpaid 
93.19 	balance of fees remaining 30 days after the sending of a second notice of fees due. A fee 
93.20 	may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal 
93.21 	governmental agency holding a water appropriation permit.
93.22 	(f) The minimum water-use processing fee for a permit issued for irrigation of agricultural 
93.23 	land is $20 for years in which:
93.24 	(1) there is no appropriation of water under the permit; or
93.25 	(2) the permit is suspended for more than seven consecutive days between May 1 and 
93.26 	October 1.
93.27 	(g) The commissioner shall waive the water-use permit fee for installations and projects 
93.28 	that use storm water runoff or where public entities are diverting water to treat a water 
93.29 	quality issue and returning the water to its source without using the water for any other 
93.30 	purpose, unless the commissioner determines that the proposed use adversely affects surface 
93.31 	water or groundwater.
94.1 	(h) A surcharge of $30 per million gallons in addition to the fee prescribed in paragraph 
94.2 	(a) shall be applied to the volume of water used in each of the months of June, July, and 
94.3 	August that exceeds the volume of water used in January for municipal water use, irrigation 
94.4 	of golf courses, and landscape irrigation. The surcharge for municipalities with more than 
94.5 	one permit shall be determined based on the total appropriations from all permits that supply 
94.6 	a common distribution system.

94.7 	Sec. 107. Minnesota Statutes 2016, section 103G.271, subdivision 6a, is amended to read:
94.8 		Subd. 6a.Fees for past unpermitted appropriations. An entity that appropriates water 
94.9 	without a required permit under subdivision 1 must pay the applicable water-use permit 
94.10 	processing fee specified in subdivision 6 for the period during which the unpermitted 
94.11 	appropriation occurred. The fees for unpermitted appropriations are required for the previous 
94.12 	seven calendar years after being notified of the need for a permit. This fee is in addition to 
94.13 	any other fee or penalty assessed. The commissioner may waive payment of fees for past 
94.14 	unpermitted appropriations for a residential system permitted under subdivision 5, paragraph 
94.15 	(b), or for a hydroelectric or hydromechanical facility that temporarily diverts a water of 
94.16 	the state from its natural channel.

94.17 	Sec. 108. Minnesota Statutes 2016, section 103G.271, subdivision 7, is amended to read:
94.18 		Subd. 7.Transfer of permit. A water-use permit may be transferred to a successive 
94.19 	owner of real property if the permittee conveys the real property where the source of water 
94.20 	is located. The new owner must notify the commissioner immediately after the conveyance 
94.21 	and request transfer of the permit. If notified, the commissioner must transfer the permit to 
94.22 	the successive owner.

94.23 	Sec. 109. Minnesota Statutes 2016, section 103G.271, is amended by adding a subdivision 
94.24 	to read:
94.25 		Subd. 8.Management plans; economic impacts. Before requiring a change to a 
94.26 	management plan for appropriating water, the commissioner must provide estimates of the 
94.27 	economic impact of any new restriction or policy on existing and future groundwater users 
94.28 	in the affected area.

95.1 	Sec. 110. Minnesota Statutes 2016, section 103G.287, subdivision 1, is amended to read:
95.2 		Subdivision 1.Applications for groundwater appropriations; preliminary well 
95.3 	construction approval. (a) Groundwater use permit applications are not complete until the 
95.4 	applicant has supplied:
95.5 	(1) a water well record as required by section 103I.205, subdivision 9, information on 
95.6 	the subsurface geologic formations penetrated by the well and the formation or aquifer that 
95.7 	will serve as the water source, and geologic information from test holes drilled to locate the 
95.8 	site of the production well;
95.9 	(2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested;
95.10 	(3) information on groundwater quality in terms of the measures of quality commonly 
95.11 	specified for the proposed water use and details on water treatment necessary for the proposed 
95.12 	use;
95.13 	(4) the results of an aquifer test completed according to specifications approved by the 
95.14 	commissioner. The test must be conducted at the maximum pumping rate requested in the 
95.15 	application and for a length of time adequate to assess or predict impacts to other wells and 
95.16 	surface water and groundwater resources. The permit applicant is responsible for all costs 
95.17 	related to the aquifer test, including the construction of groundwater and surface water 
95.18 	monitoring installations, and water level readings before, during, and after the aquifer test; 
95.19 	and
95.20 	(5) the results of any assessments conducted by the commissioner under paragraph (c).
95.21 	(b) The commissioner may waive an application requirement in this subdivision if the 
95.22 	information provided with the application is adequate to determine whether the proposed 
95.23 	appropriation and use of water is sustainable and will protect ecosystems, water quality, 
95.24 	and the ability of future generations to meet their own needs.
95.25 	(c) The commissioner shall provide an assessment of a proposed well needing a 
95.26 	groundwater appropriation permit. The commissioner shall evaluate the information submitted 
95.27 	as required under section 103I.205, subdivision 1, paragraph (f), and determine whether the 
95.28 	anticipated appropriation request is likely to meet the applicable requirements of this chapter. 
95.29 	If the appropriation request is likely to meet applicable requirements, the commissioner 
95.30 	shall provide the person submitting the information with a letter providing preliminary 
95.31 	approval to construct the well and the requirements, including test-well information, that 
95.32 	will be needed to obtain the permit.
96.1 	(d) The commissioner must provide an applicant denied a groundwater use permit or 
96.2 	issued a groundwater use permit that is reduced or restricted from the original request with 
96.3 	all information the commissioner used in making the determination, including hydrographs, 
96.4 	flow tests, aquifer tests, topographic maps, field reports, photographs, and proof of equipment 
96.5 	calibration.

96.6 	Sec. 111. Minnesota Statutes 2016, section 103G.287, subdivision 4, is amended to read:
96.7 		Subd. 4.Groundwater management areas. (a) The commissioner may designate 
96.8 	groundwater management areas and limit total annual water appropriations and uses within 
96.9 	a designated area to ensure sustainable use of groundwater that protects ecosystems, water 
96.10 	quality, and the ability of future generations to meet their own needs. Water appropriations 
96.11 	and uses within a designated management area must be consistent with a groundwater 
96.12 	management area plan approved by the commissioner that addresses water conservation 
96.13 	requirements and water allocation priorities established in section 103G.261. At least 30 
96.14 	days prior to implementing or modifying a groundwater management area plan under this 
96.15 	subdivision, the commissioner shall consult with the advisory team established in paragraph 
96.16 	(c).
96.17 	(b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota 
96.18 	Rules, within designated groundwater management areas, the commissioner may require 
96.19 	general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water 
96.20 	users using less than 10,000 gallons per day or 1,000,000 gallons per year and water suppliers 
96.21 	serving less than 25 persons for domestic purposes. The commissioner may waive the 
96.22 	requirements under section 103G.281 for general permits issued under this paragraph, and 
96.23 	the fee specified in section 103G.301, subdivision 2, paragraph (c), does not apply to general 
96.24 	permits issued under this paragraph.
96.25 	(c) When designating a groundwater management area, the commissioner shall assemble 
96.26 	an advisory team to assist in developing a groundwater management area plan for the area. 
96.27 	The advisory team members shall be selected from public and private entities that have an 
96.28 	interest in the water resources affected by the groundwater management area. A majority 
96.29 	of the advisory team members shall be public and private entities that currently hold water-use 
96.30 	permits for water appropriations from the affected water resources. The commissioner shall 
96.31 	consult with the League of Minnesota Cities, the Association of Minnesota Counties, the 
96.32 	Minnesota Association of Watershed Districts, and the Minnesota Association of Townships 
96.33 	in appointing the local government representatives to the advisory team. The advisory team 
96.34 	may also include representatives from the University of Minnesota, the Minnesota State 
97.1 	Colleges and Universities, other institutions of higher learning in Minnesota, political 
97.2 	subdivisions with jurisdiction over water issues, nonprofits with expertise in water, and 
97.3 	federal agencies.
97.4 	(d) Before making a change under a groundwater management area plan, the 
97.5 	commissioner must provide estimates of the economic effect of any new restriction or policy 
97.6 	on existing and future groundwater users in the affected area.

97.7 	Sec. 112. Minnesota Statutes 2016, section 103G.411, is amended to read:
97.8 	103G.411 STIPULATION OF LOW-WATER MARK.
97.9 	If the state is a party in a civil action relating to the navigability or ownership of the bed 
97.10 	of a body of water, river, or stream, the commissioner, in behalf of the state, with the approval 
97.11 	of the attorney general, may agree by written stipulation with a riparian owner who is a 
97.12 	party to the action on the location of the ordinary low-water mark on the riparian land of 
97.13 	the party. After the stipulation is executed by all parties, it must be presented to the judge 
97.14 	of the district court where the action is pending for approval. If the stipulation is approved, 
97.15 	the judge shall make and enter an order providing that the final judgment when entered shall 
97.16 	conform to the location of the ordinary, low-water mark as provided for in the stipulation 
97.17 	as it relates to the parties to the stipulation.

97.18 	Sec. 113. Minnesota Statutes 2016, section 114D.25, is amended by adding a subdivision 
97.19 	to read:
97.20 		Subd. 6.Impaired waters list; public notice and process. The commissioner of the 
97.21 	Pollution Control Agency must allow at least 60 days for public comment after publishing 
97.22 	the draft impaired waters list required under the federal Clean Water Act. A person may 
97.23 	petition the agency to hold a contested case hearing on the draft impaired waters list. A 
97.24 	valid basis for challenging an impairment determination includes, but is not limited to, 
97.25 	agency reliance on data that do not reflect recent significant infrastructure investments and 
97.26 	documented pollutant reductions.

97.27 	Sec. 114. [115.051] REVIEW OF PROPOSED ACTIONS OF THE POLLUTION 
97.28 	CONTROL AGENCY.
97.29 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this section.
97.30 	(b) "Local government unit" means a statutory or home rule charter city, county, local 
97.31 	public utilities commission, sanitary district, or an organization formed for the joint exercise 
97.32 	of powers under section 471.59.
98.1 	(c) "Proposed action" means an action that is all of the following:
98.2 	(1) being considered by the commissioner of the Pollution Control Agency or has been 
98.3 	undertaken by the commissioner but is not yet final;
98.4 	(2) would, once final, constitute one of the following:
98.5 	(i) the issuance, amendment, modification, or denial of a water quality standard under 
98.6 	section 115.44, a water-related permit, a total maximum daily load (TMDL) study, or a 
98.7 	watershed restoration and protection strategy (WRAPS); or
98.8 	(ii) another action or decision undertaken pursuant to the commissioner's authority under 
98.9 	this chapter or chapter 114D that is or would be eligible for a contested case hearing under 
98.10 	chapter 14 or that would constitute rulemaking under that chapter.
98.11 	(d) "Requisite number" means five or more if the proposed action is rulemaking under 
98.12 	chapter 14. The term means one or more if the proposed action is one that is or would be 
98.13 	eligible for a contested case hearing under chapter 14.
98.14 	(e) "Review petition" means a written petition of a local government unit adopted by 
98.15 	resolution of the applicable governing body that describes the need for review by an expert 
98.16 	review panel of the scientific basis of a proposed action that potentially affects the petitioner.
98.17 	(f) "Review proceeding" means a proceeding under chapter 14 of the Office of 
98.18 	Administrative Hearings to review a proposed action.
98.19 		Subd. 2.Office of Administrative Hearings review of scientific basis for proposed 
98.20 	action. In any review proceeding, the administrative law judge must examine the 
98.21 	administrative record and, without deference to the commissioner, independently determine 
98.22 	from the record whether:
98.23 	(1) the proposed action is based on reliable scientific data and analyses, as confirmed 
98.24 	by publicly available peer-reviewed literature;
98.25 	(2) every test, measurement, or model the commissioner relied on in support of the 
98.26 	proposed action was used by the commissioner for the purpose for which the test, 
98.27 	measurement, or model was designed, consistent with generally accepted and peer-reviewed 
98.28 	scientific practice;
98.29 	(3) the proposed action is consistent with the findings of any applicable external peer 
98.30 	review panel the commissioner convened under section 115.035; and
98.31 	(4) the proposed action is based on a demonstrated, significant causal relationship between 
98.32 	the parameters of concern and the water-quality objective at issue, not the correlation alone. 
99.1 	When a causal relationship may be confounded by other factors, the reviewing authority 
99.2 	must determine whether the relevance and effect of those factors were assessed to ensure 
99.3 	the predicted causal relationship is valid.
99.4 		Subd. 3.Effect of Office of Administrative Hearings finding of inadequate basis for 
99.5 	proposed action. If an administrative law judge determines that any of the conditions set 
99.6 	forth in subdivision 2, clauses (1) to (4), are not satisfied, then:
99.7 	(1) if the proposed action was a proposed rule, the administrative law judge must find 
99.8 	that the need for or reasonableness of the rule has not been established pursuant to section 
99.9 	14.14, subdivision 2; and
99.10 	(2) if the proposed action was before the Office of Administrative Hearings as part of a 
99.11 	contested case hearing, the administrative law judge must include this finding in the report 
99.12 	required by sections 14.48 to 14.56, which shall constitute the final decision in the case.
99.13 		Subd. 4.When independent expert review panel required; composition. The Office 
99.14 	of Administrative Hearings must convene an expert review panel to review the scientific 
99.15 	basis of a proposed action when it receives the requisite number of review petitions and 
99.16 	finds, based on its independent review of the petitions, that the petitions demonstrate the 
99.17 	existence of a material scientific dispute regarding the scientific validity of the commissioner's 
99.18 	proposed action. The Office of Administrative Hearings shall issue an order granting or 
99.19 	denying a petition within 30 days of its receipt of the petition. A review panel must consist 
99.20 	of three independent experts with qualifications in the subject matter of the scientific dispute 
99.21 	who are employed neither by the Pollution Control Agency nor by a petitioner to the 
99.22 	proceeding and who are not directly or indirectly involved with the work conducted or 
99.23 	contracted by the agency. The composition of the panel must be determined as follows:
99.24 	(1) the commissioner of the Pollution Control Agency must select one expert satisfying 
99.25 	the requirements of this subdivision;
99.26 	(2) the petitioners must jointly select one expert satisfying the requirements of this 
99.27 	subdivision; and
99.28 	(3) the two experts selected under clauses (1) and (2) must mutually agree to a third 
99.29 	expert satisfying the requirements of this subdivision. If the two experts are unable to agree 
99.30 	on a third expert, the Office of Administrative Hearings must make the appointment.
99.31 		Subd. 5.Conduct of independent expert review panel. Upon granting a petition for 
99.32 	independent expert review, the Office of Administrative Hearings must, as soon as practicable 
99.33 	thereafter, issue an order establishing the independent expert review panel, identifying the 
100.1 	independent experts selected pursuant to subdivision 4. This order must include a statement 
100.2 	of the specific scientific issues or questions in dispute to be submitted for review by the 
100.3 	panel. The commissioner and all petitioners must agree on the issues or questions in dispute 
100.4 	to be submitted for review. If they cannot agree on one or more issues or questions, the 
100.5 	Office of Administrative Hearings must determine the issue or questions to be submitted 
100.6 	giving substantial consideration to the questions raised in any petitions it has received. The 
100.7 	panel must review the scientific evidence relevant to those issues or questions as found in 
100.8 	the petitions, the administrative record for the proposed action, and the results of any external 
100.9 	peer review conducted according to section 115.035, in accordance with the guidance in 
100.10 	the United States Environmental Protection Agency's Peer Review Handbook. The panel 
100.11 	must submit a written opinion on the scientific validity of the commissioner's approach that 
100.12 	is in controversy. If the panel finds deficiencies, the panel must recommend how the 
100.13 	deficiencies can be corrected. The written opinion shall become part of the administrative 
100.14 	record and must be submitted to the Office of Administrative Hearings, which shall send a 
100.15 	written copy of the opinion to the commissioner of the Pollution Control Agency, all 
100.16 	petitioners, and the chairs and ranking minority members of the house of representatives 
100.17 	and senate committees having jurisdiction over environment and natural resources policy 
100.18 	and finance.
100.19 		Subd. 6.Status of action pending independent expert panel review. Once the Office 
100.20 	of Administrative Hearings has received the requisite number of review petitions, it must 
100.21 	notify the Pollution Control Agency of this fact and:
100.22 	(1) the Pollution Control Agency shall not grant or deny a contested case petition filed 
100.23 	by the local government unit on the proposed action that is the subject of a petition or 
100.24 	otherwise proceed towards finalizing the proposed action until the Office of Administrative 
100.25 	Hearings denies the petition for independent expert review, or if the petition is granted, it 
100.26 	has received and considered the written opinion required by subdivision 5; and
100.27 	(2) the Office of Administrative Hearings shall not conduct the review required by 
100.28 	subdivision 2 until it has received the written opinion required by subdivision 5.
100.29 		Subd. 7.Chapter 14 requirements must be followed. Nothing in this section shall be 
100.30 	construed to abrogate or otherwise repeal any of the procedural requirements of chapter 14. 
100.31 	Upon receipt of a written opinion pursuant to subdivision 5, the Pollution Control Agency 
100.32 	and the Office of Administrative Hearings shall make the opinion available to the public 
100.33 	for review and continue to follow all applicable provisions of chapter 14, including public 
100.34 	comment and hearing requirements.
101.1 		Subd. 8.Timing of review petition submission. A review petition submitted to the 
101.2 	Office of Administrative Hearings must be submitted within the time period for filing a 
101.3 	contested case petition or prior to the expiration of the public comment period as noticed 
101.4 	in the statement of intent to adopt the rule, as applicable.
101.5 		Subd. 9.This section is supplementary. The duties and procedures set forth in this 
101.6 	section are supplementary and applicable to those set forth in section 14.091.

101.7 	Sec. 115. [115.542] NOTICE REQUIREMENTS FOR PUBLICLY OWNED 
101.8 	WASTEWATER TREATMENT FACILITIES.
101.9 		Subdivision 1.Definitions. For the purpose of this section, the following terms have 
101.10 	the meanings given:
101.11 	(1) "permit" means a national pollutant discharge elimination system (NPDES) permit 
101.12 	or state disposal system (SDS) permit; and
101.13 	(2) "permit applicant" means a person or entity submitting an application for a new 
101.14 	permit or renewal, modification, or revocation of an existing permit for a publicly owned 
101.15 	wastewater treatment facility.
101.16 		Subd. 2.Applicability. This section applies to all draft permits and permits for publicly 
101.17 	owned wastewater treatment facilities for which the commissioner of the Pollution Control 
101.18 	Agency makes a preliminary determination whether to issue or deny.
101.19 		Subd. 3.Notice requirements. The commissioner of the Pollution Control Agency must 
101.20 	provide a permit applicant with a copy of the draft permit and any fact sheets required by 
101.21 	agency rules at least 30 days before the distribution and public notice of the permit application 
101.22 	and preliminary determination.
101.23 		Subd. 4.Public comment period. The commissioner must prepare and issue a public 
101.24 	notice of a completed application and the commissioner's preliminary determination as to 
101.25 	whether the permit should be issued or denied. The public comment period must be at least 
101.26 	60 days for permit applications under this section.

101.27 	Sec. 116. Minnesota Statutes 2016, section 115B.39, subdivision 2, is amended to read:
101.28 		Subd. 2.Definitions. (a) In addition to the definitions in this subdivision, the definitions 
101.29 	in sections 115A.03 and 115B.02 apply to sections 115B.39 to 115B.445, except as 
101.30 	specifically modified in this subdivision.
102.1 	(b) "Cleanup order" means a consent order between responsible persons and the agency 
102.2 	or an order issued by the United States Environmental Protection Agency under section 106 
102.3 	of the federal Superfund Act.
102.4 	(c) "Closure" means actions to prevent or minimize the threat to public health and the 
102.5 	environment posed by a mixed municipal solid waste disposal facility that has stopped 
102.6 	accepting waste by controlling the sources of releases or threatened releases at the facility. 
102.7 	"Closure" includes removing contaminated equipment and liners; applying final cover; 
102.8 	grading and seeding final cover; installing wells, borings, and other monitoring devices; 
102.9 	constructing groundwater and surface water diversion structures; and installing gas control 
102.10 	systems and site security systems, as necessary. The commissioner may authorize use of 
102.11 	final cover that includes processed materials that meet the requirements in Code of Federal 
102.12 	Regulations, title 40, section 503.32, paragraph (a).
102.13 	(d) "Closure upgrade" means construction activity that will, at a minimum, modify an 
102.14 	existing cover so that it satisfies current rule requirements for mixed municipal solid waste 
102.15 	land disposal facilities.
102.16 	(e) "Contingency action" means organized, planned, or coordinated courses of action to 
102.17 	be followed in case of fire, explosion, or release of solid waste, waste by-products, or 
102.18 	leachate that could threaten human health or the environment.
102.19 	(f) "Corrective action" means steps taken to repair facility structures including liners, 
102.20 	monitoring wells, separation equipment, covers, and aeration devices and to bring the facility 
102.21 	into compliance with design, construction, groundwater, surface water, and air emission 
102.22 	standards.
102.23 	(g) "Custodial" or "custodial care" means actions taken for the care, maintenance, and 
102.24 	monitoring of closure actions at a mixed municipal solid waste disposal facility after 
102.25 	completion of the postclosure period.
102.26 	(h) "Decomposition gases" means gases produced by chemical or microbial activity 
102.27 	during the decomposition of solid waste.
102.28 	(h) (i) "Dump materials" means nonhazardous mixed municipal solid wastes disposed 
102.29 	at a Minnesota waste disposal site other than a qualified facility prior to 1973.
102.30 	(i) (j) "Environmental response action" means response action at a qualified facility, 
102.31 	including corrective action, closure, postclosure care; contingency action; environmental 
102.32 	studies, including remedial investigations and feasibility studies; engineering, including 
103.1 	remedial design; removal; remedial action; site construction; and other similar cleanup-related 
103.2 	activities.
103.3 	(j) (k) "Environmental response costs" means:
103.4 	(1) costs of environmental response action, not including legal or administrative expenses; 
103.5 	and
103.6 	(2) costs required to be paid to the federal government under section 107(a) of the federal 
103.7 	Superfund Act, as amended.
103.8 	(l) "Priority qualified facility" means a qualified facility that is on the list of priorities 
103.9 	for the federal Comprehensive Environmental Response, Compensation, and Liability Act 
103.10 	and the Minnesota Environmental Response and Liability Act; has received notice under 
103.11 	section 115B.40, subdivision 3; has failed to comply with section 115B.40, subdivision 4; 
103.12 	and has not entered into a binding agreement with the commissioner.
103.13 	(k) (m) "Postclosure" or "postclosure care" means actions taken for the care, maintenance, 
103.14 	and monitoring of closure actions at a mixed municipal solid waste disposal facility.
103.15 	(l) (n) "Qualified facility" means a mixed municipal solid waste disposal facility as 
103.16 	described in the most recent agency permit, including adjacent property used for solid waste 
103.17 	disposal that did not occur under a permit from the agency, that:
103.18 	(1)(i) is or was permitted by the agency;
103.19 	(ii) stopped accepting solid waste, except demolition debris, for disposal by April 9, 
103.20 	1994; and
103.21 	(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that 
103.22 	demolition debris may be accepted until May 1, 1995, at a permitted area where disposal 
103.23 	of demolition debris is allowed, if the area where the demolition debris is deposited is at 
103.24 	least 50 feet from the fill boundary of the area where mixed municipal solid waste was 
103.25 	deposited; or
103.26 	(2) is or was permitted by the agency; and
103.27 	(i) stopped accepting waste by January 1, 2000, except that demolition debris, industrial 
103.28 	waste, and municipal solid waste combustor ash may be accepted until January 1, 2001, at 
103.29 	a permitted area where disposal of such waste is allowed, if the area where the waste is 
103.30 	deposited is at least 50 feet from the fill boundary of the area where mixed municipal solid 
103.31 	waste was deposited; or
104.1 	(ii) stopped accepting waste by January 1, 2019, and is located in a county that meets 
104.2 	all applicable recycling goals in section 115A.551 and that has arranged for all mixed 
104.3 	municipal solid waste generated in the county to be delivered to and processed by a resource 
104.4 	recovery facility located in the county for at least 20 years; or
104.5 	(3) is or was permitted by the agency and stopped accepting mixed municipal solid waste 
104.6 	and industrial waste for disposal by January 1, 2009, and for which the postclosure care 
104.7 	period ended on July 26, 2013.

104.8 	Sec. 117. Minnesota Statutes 2016, section 115B.40, subdivision 4, is amended to read:
104.9 		Subd. 4.Qualified facility not under cleanup order; duties. (a) The owner or operator 
104.10 	of a qualified facility that is not subject to a cleanup order shall:
104.11 	(1) complete closure activities at the facility, or enter into a binding agreement with the 
104.12 	commissioner to do so, as provided in paragraph (e), within one year from the date the 
104.13 	owner or operator is notified by the commissioner under subdivision 3 of the closure activities 
104.14 	that are necessary to properly close the facility in compliance with facility's permit, closure 
104.15 	orders, or enforcement agreement with the agency, and with the solid waste rules in effect 
104.16 	at the time the facility stopped accepting waste;
104.17 	(2) undertake or continue postclosure or custodial care at the facility until the date of 
104.18 	notice of compliance under subdivision 7;
104.19 	(3) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 
104.20 	(l) (n), clause (1), transfer to the commissioner of revenue for deposit in the remediation 
104.21 	fund established in section 116.155 any funds required for proof of financial responsibility 
104.22 	under section 116.07, subdivision 4h, that remain after facility closure and any postclosure 
104.23 	care and response action undertaken by the owner or operator at the facility including, if 
104.24 	proof of financial responsibility is provided through a letter of credit or other financial 
104.25 	instrument or mechanism that does not accumulate money in an account, the amount that 
104.26 	would have accumulated had the owner or operator utilized a trust fund, less any amount 
104.27 	used for closure, postclosure care, and response action at the facility; and
104.28 	(4) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 
104.29 	(l) (n), clause (2), transfer to the commissioner of revenue for deposit in the remediation 
104.30 	fund established in section 116.155 an amount of cash that is equal to the sum of their 
104.31 	approved current contingency action cost estimate and the present value of their approved 
104.32 	estimated remaining postclosure care costs required for proof of financial responsibility 
104.33 	under section 116.07, subdivision 4h.; and
105.1 	(5) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 
105.2 	(n), clause (3), transfer to the commissioner of revenue for deposit in the remediation fund 
105.3 	established in section 116.155 an amount of cash that is equal to any funds required for 
105.4 	proof of financial responsibility under section 116.07, subdivision 4h, that remain after 
105.5 	facility closure and any postclosure and custodial care and response action undertaken by 
105.6 	the owner or operator at the facility have been reimbursed.
105.7 	(b) The owner or operator of a qualified facility that is not subject to a cleanup order 
105.8 	shall:
105.9 	(1) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 
105.10 	(l) (n), clause (1), provide the commissioner with a copy of all applicable comprehensive 
105.11 	general liability insurance policies and other liability policies relating to property damage, 
105.12 	certificates, or other evidence of insurance coverage held during the life of the facility; and
105.13 	(2) enter into a binding agreement with the commissioner to:
105.14 	(i) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 
105.15 	(l) (n), clause (1), take any actions necessary to preserve the owner or operator's rights to 
105.16 	payment or defense under insurance policies included in clause (1); cooperate with the 
105.17 	commissioner in asserting claims under the policies; and, within 60 days of a request by 
105.18 	the commissioner, but no earlier than July 1, 1996, assign only those rights under the policies 
105.19 	related to environmental response costs;
105.20 	(ii) cooperate with the commissioner or other persons acting at the direction of the 
105.21 	commissioner in taking additional environmental response actions necessary to address 
105.22 	releases or threatened releases and to avoid any action that interferes with environmental 
105.23 	response actions, including allowing entry to the property and to the facility's records and 
105.24 	allowing entry and installation of equipment; and
105.25 	(iii) refrain from developing or altering the use of property described in any permit for 
105.26 	the facility except after consultation with the commissioner and in conformance with any 
105.27 	conditions established by the commissioner for that property, including use restrictions, to 
105.28 	protect public health and welfare and the environment.
105.29 	(c) The owner or operator of a qualified facility defined in section 115B.39, subdivision 
105.30 	2, paragraph (l) (n), clause (1), that is a political subdivision may use a portion of any funds 
105.31 	established for response at the facility, which are available directly or through a financial 
105.32 	instrument or other financial arrangement, for closure or postclosure care at the facility if 
105.33 	funds available for closure or postclosure care are inadequate and shall assign the rights to 
105.34 	any remainder to the commissioner.
106.1 	(d) The agreement required in paragraph (b), clause (2), must be in writing and must 
106.2 	apply to and be binding upon the successors and assigns of the owner. The owner shall 
106.3 	record the agreement, or a memorandum approved by the commissioner that summarizes 
106.4 	the agreement, with the county recorder or registrar of titles of the county where the property 
106.5 	is located.
106.6 	(e) A binding agreement entered into under paragraph (a), clause (1), may include a 
106.7 	provision that the owner or operator will reimburse the commissioner for the costs of closing 
106.8 	the facility to the standard required in that clause.

106.9 	Sec. 118. [115B.406] STATE RESPONSE AT PRIORITY QUALIFIED FACILITIES.
106.10 		Subdivision 1.Environmental response action. The agency may take any environmental 
106.11 	response action at a priority qualified facility that the agency deems necessary to protect 
106.12 	the public health or welfare or the environment. Before taking any action, the agency shall 
106.13 	take actions as provided in this section.
106.14 		Subd. 2.Request for action to owner or operator of priority qualified facility. The 
106.15 	agency shall request the owner or operator of a priority qualified facility to take actions that 
106.16 	the agency deems reasonable and necessary to protect the public health or welfare or the 
106.17 	environment, stating the reasons for the actions; a reasonable time for beginning and 
106.18 	completing the actions, taking into account the urgency of the actions for protecting the 
106.19 	public health or welfare or the environment; and the intention of the agency to take action 
106.20 	if the requested actions are not taken as requested.
106.21 		Subd. 3.Action to compel performance. When the owner or operator of the priority 
106.22 	qualified facility fails to take response actions or make reasonable progress in completing 
106.23 	response actions requested as provided in subdivision 2, the attorney general may bring an 
106.24 	action in the name of the state to compel performance of the requested response actions. If 
106.25 	a person having any right, title, or interest in and to the real property where the facility is 
106.26 	located or where response actions are proposed to be taken is not a person responsible for 
106.27 	the environment, the person may be joined as an indispensable party in an action to compel 
106.28 	performance to ensure that the requested response actions can be taken on that property by 
106.29 	the owner or operator.
106.30 		Subd. 4.Determination of failure to act. If the agency determines that the actions 
106.31 	requested under this section will not be taken by the owner or operator of the priority 
106.32 	qualified facility in the manner and within the time requested, the agency may undertake 
106.33 	any environmental response action it deems necessary for the protection of the public health 
106.34 	or welfare or the environment under this section.
107.1 		Subd. 5.Civil penalties. Any owner or operator of a priority qualified facility that fails 
107.2 	to take the actions under this section shall forfeit and pay to the state a civil penalty in an 
107.3 	amount to be determined by the court of not more than $20,000 per day for each day that 
107.4 	the owner or operator fails to take reasonable and necessary response actions or to make 
107.5 	reasonable progress in completing response actions requested by the agency. The penalty 
107.6 	provided under this subdivision may be recovered by an action brought by the attorney 
107.7 	general in the name of the state in a separate action in the District Court of Ramsey County. 
107.8 	All penalties recovered under this subdivision must be deposited in the remediation fund.
107.9 		Subd. 6.Investigation and testing. The agency may undertake investigations, monitoring, 
107.10 	surveys, testing, and other similar activities necessary or appropriate to identify the existence 
107.11 	and extent of the contamination at the priority qualified facility and the extent of danger.  
107.12 	In addition, the agency may undertake planning, legal, fiscal, economic, engineering, 
107.13 	architectural, and other studies or investigations necessary or appropriate to plan and direct 
107.14 	a response action, to recover the costs of the response action, and to enforce this section.
107.15 		Subd. 7.Duty to compel information. Any person who the agency has determined to 
107.16 	have information regarding the priority qualified facility or the owner or operator of the 
107.17 	priority qualified facility must furnish to the agency any information that person may have 
107.18 	or may reasonably obtain that is relevant to the priority qualified facility or the owner or 
107.19 	operator. The agency upon presentation of credentials may examine and copy any books, 
107.20 	papers, records, memoranda, or data of any person who has a duty to provide information 
107.21 	to the agency and may enter upon any property, public or private, to take any action 
107.22 	authorized by this section, including obtaining information from any person who has a duty 
107.23 	to provide the information.
107.24 		Subd. 8.Program operations. Upon the owner or operator's failure to act, the agency 
107.25 	shall conduct the program operations under section 115B.412, subdivisions 1 and 2, and 
107.26 	any other environmental response action the agency deems necessary to protect public 
107.27 	health, welfare, and the environment.
107.28 		Subd. 9.Recovering expenses. Any reasonable and necessary expenses incurred by the 
107.29 	agency or commissioner under this section, including all response costs and administrative 
107.30 	and legal expenses, may be recovered in a civil action brought by the attorney general against 
107.31 	the owner or operator of the priority qualified facility. The agency's certification of expenses 
107.32 	is prima facie evidence that the expenses are reasonable and necessary. Any expenses 
107.33 	incurred under this section that are recovered by the attorney general under sections 115.071 
107.34 	and 116.072 or any other law, including any award of attorney's fees, must be deposited in 
107.35 	the remediation fund.
108.1 		Subd. 10.Environmental response costs; liens. All environmental response costs, 
108.2 	including administrative and legal expenses, incurred by the commissioner at a priority 
108.3 	qualified facility before the date of notice of compliance under section 115B.40, subdivision 
108.4 	7, constitute a lien in favor of the state upon any real property located in the state, other 
108.5 	than homestead property, owned by the owner or operator who is subject to the requirements 
108.6 	of section 115B.40, subdivision 4 or 5. A lien under this subdivision attaches when the 
108.7 	environmental response costs are first incurred and continues until the lien is satisfied or 
108.8 	becomes unenforceable as for an environmental lien under section 514.672. Notice, filing, 
108.9 	and release of the lien are governed by sections 514.671 to 514.676, except where those 
108.10 	requirements specifically are related to only cleanup action expenses as defined in section 
108.11 	514.671. Relative priority of a lien under this subdivision is governed by section 514.672, 
108.12 	except that a lien attached to property that was included in any permit for the solid waste 
108.13 	disposal facility takes precedence over all other liens regardless of when the other liens 
108.14 	were or are perfected. Amounts received to satisfy all or a part of a lien must be deposited 
108.15 	in the remediation fund.

108.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

108.17 	Sec. 119. [115B.407] SETTLEMENT AT PRIORITY QUALIFIED FACILITY.
108.18 		Subdivision 1.Settlements; general authority. In addition to the general authority 
108.19 	vested in the agency to settle any claims under sections 115B.01 to 115B.18, and 115B.40 
108.20 	to 115B.445, the agency may exercise the settlement authorities provided in subdivisions 
108.21 	2 to 5.
108.22 		Subd. 2.Settlement agreement. The commissioner must enter into a settlement 
108.23 	agreement with an eligible person under subdivision 3 who requests a settlement, under 
108.24 	which the commissioner settles with the eligible person and indemnifies and holds the 
108.25 	eligible person harmless for:
108.26 	(1) all legal responsibility, liability, or potential liability for environmental response 
108.27 	costs and natural resources damages related to the qualified facility, including any and all 
108.28 	liability and potential liability for legal and administrative costs and expenses incurred or 
108.29 	to be incurred by the state or federal government or reimbursed by the state or federal 
108.30 	government;
108.31 	(2) all legal liability or potential liability under the federal Comprehensive Environmental 
108.32 	Response, Compensation, and Liability Act related to the priority qualified facility, including 
108.33 	any and all liability and potential liability for costs incurred by the federal government in 
109.1 	cleaning up the site and legal and administrative costs and expenses incurred or to be incurred 
109.2 	by the state or federal government or reimbursed by the state or federal government; and
109.3 	(3) all legal liability or potential liability that has been asserted, could have been asserted, 
109.4 	or may be asserted in the future against the eligible person under state or federal law, common 
109.5 	law, or other legal theory related to the qualified facility, including any claim by any person 
109.6 	or entity for contribution regarding any matters to which the indemnity applies.
109.7 		Subd. 3.Eligible persons. (a) A person who is not an owner or operator of a priority 
109.8 	qualified facility is eligible to enter into a settlement agreement with the commissioner 
109.9 	provided the person agrees to:
109.10 	(1) waive all claims for environmental response costs related to the facility against all 
109.11 	persons other than the owner or operator;
109.12 	(2) provide the commissioner with a copy of all applicable comprehensive general 
109.13 	liability insurance policies and other liability insurance policies relating to property damage, 
109.14 	certificates, or other evidence of insurance coverage held during the life of the facility; and
109.15 	(3) enter into a binding agreement with the commissioner to take any actions necessary 
109.16 	to preserve the person's rights to payment or defense under insurance policies, cooperate 
109.17 	with the commissioner in asserting the claims under the policies, and assign those rights 
109.18 	under the policies related to environmental response costs.
109.19 	(b) For purposes of this subdivision, "insurance" has the meaning given in section 60A.02, 
109.20 	subdivision 3.
109.21 		Subd. 4.Recovery for illegal actions. The settlement of eligible persons under this 
109.22 	section does not prevent the commissioner from recovering costs for illegal actions at priority 
109.23 	qualified facilities as provided in section 115B.402.
109.24 		Subd. 5.Commissioner's duties. (a) In consideration of the settlor's agreement to enter 
109.25 	into an agreement under this section, the commissioner must not sue or take administrative 
109.26 	action against the settlor, must agree to release the settlor from the liabilities under 
109.27 	subdivision 1, and must indemnify and hold the settlor harmless and defend against all 
109.28 	claims or liability for state or federal environmental response actions at the priority qualified 
109.29 	facility that is the subject of the agreement and claims made by the owner or operator of 
109.30 	the priority qualified facility under state or federal law for payment of response costs and 
109.31 	related costs at the priority qualified facility.
109.32 	(b) To the extent allowed under applicable law, a person who enters into a settlement 
109.33 	agreement under this section is not liable for claims for contribution regarding matters 
110.1 	addressed in the agreement. As a condition of the agreement, the person must waive the 
110.2 	person's rights to seek contribution for any amounts paid on the person's behalf under the 
110.3 	agreement. This section does not limit the state's ability to seek contribution on the person's 
110.4 	behalf.
110.5 	(c) The commissioner, on behalf of the state, shall enter into an agreement with the 
110.6 	United States Environmental Protection Agency to settle all federal claims at a priority 
110.7 	qualified facility to release all nonowner potentially responsible parties, including to not 
110.8 	seek recovery from nonowner potentially responsible parties for costs incurred related to 
110.9 	the priority qualified facility.

110.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

110.11 	Sec. 120. [115B.408] ACQUISITION OF PRIORITY QUALIFIED FACILITY.
110.12 		Subdivision 1.Legislative findings. The legislature recognizes the need to protect the 
110.13 	public health and welfare and the environment at priority qualified facilities and that are 
110.14 	not being managed to protect the public health or welfare or the environment. It is in the 
110.15 	public interest to direct the commissioner of the Pollution Control Agency to acquire the 
110.16 	necessary interests in land at the priority qualified facility and to conduct environmental 
110.17 	response action.
110.18 		Subd. 2.Acquisition. The agency may acquire interests in land by donation or eminent 
110.19 	domain without undue delay, under section 115B.17, subdivision 15, at the priority qualified 
110.20 	facility. Acquisition by condemnation under this section may include fee title acquisition. 
110.21 	After acquiring interests in land, the commissioner must begin the process of protecting the 
110.22 	public health and welfare and the environment through environmental response action 
110.23 	according to sections 115B.39 to 115B.414.
110.24 		Subd. 3.Disposition of property acquired for response action. (a) If the commissioner 
110.25 	determines that real or personal property acquired by the agency for response action is no 
110.26 	longer needed for response action purposes, the commissioner may:
110.27 	(1) transfer the property to the commissioner of administration to be disposed of in the 
110.28 	manner required for other surplus property subject to conditions the commissioner determines 
110.29 	necessary to protect the public health and welfare or the environment or to comply with 
110.30 	federal law;
110.31 	(2) transfer the property to another state agency, a political subdivision, or special purpose 
110.32 	district; or
111.1 	(3) if required by federal law, take actions and dispose of the property as required by 
111.2 	federal law.
111.3 	(b) If the commissioner determines that real or personal property acquired by the agency 
111.4 	for response action must be operated, maintained, or monitored after completion of other 
111.5 	phases of the response action, the commissioner may transfer ownership of the property to 
111.6 	another state agency, a political subdivision, or special purpose district that agrees to accept 
111.7 	the property. A state agency, political subdivision, or special purpose district is authorized 
111.8 	to accept and implement the terms and conditions of a transfer under this paragraph. The 
111.9 	commissioner may set terms and conditions for the transfer that the commissioner considers 
111.10 	reasonable and necessary to ensure proper operation, maintenance, and monitoring of 
111.11 	response actions, protect the public health and welfare and the environment, and comply 
111.12 	with applicable federal and state laws and regulations. The state agency, political subdivision, 
111.13 	or special purpose district to which the property is transferred is not liable under this chapter 
111.14 	solely as a result of acquiring the property or acting in accordance with the terms and 
111.15 	conditions of the transfer.
111.16 	(c) If the agency acquires property under this section, the commissioner may lease or 
111.17 	grant an easement in the property to a person during the implementation of response actions 
111.18 	if the lease or easement is compatible with or necessary for response action implementation.
111.19 	(d) The proceeds of a sale, lease, or other transfer of property under this subdivision by 
111.20 	the commissioner or by the commissioner of administration must be deposited in the 
111.21 	remediation fund. Any share of the proceeds that the agency is required by federal law or 
111.22 	regulation to reimburse to the federal government is appropriated from the account to the 
111.23 	agency for that purpose. Except for section 94.16, subdivision 2, section 94.16 does not 
111.24 	apply to real property sold by the commissioner of administration that was acquired under 
111.25 	this section.

111.26 	EFFECTIVE DATE. This section is effective the day following final enactment.

111.27 	Sec. 121. [115B.409] OTHER REMEDIES PRESERVED.
111.28 	The owner of real property is barred from bringing legal action or using any remedy 
111.29 	available under any other provision of state or federal law, including common law, to recover 
111.30 	for personal injury, disease, economic loss, or response costs arising out of a release of any 
111.31 	hazardous substance or for removal or the costs of removal of that hazardous substance. 
111.32 	Sections 115B.40 to 115B.408 shall not be considered, interpreted, or construed in any way 
111.33 	as reflecting a determination, in whole or in part, of policy regarding the inapplicability of 
111.34 	strict liability or strict liability doctrines under any other state or federal law, including 
112.1 	common law, to activities past, present, or future, by the owner of real property relating to 
112.2 	hazardous substances or pollutants or contaminants, or other similar activities.

112.3 	Sec. 122. [115B.4091] DEPOSIT OF PROCEEDS.
112.4 	All amounts paid to the state under sections 115B.406 to 115B.409 must be deposited 
112.5 	in the state treasury and credited equally to the remediation fund and the closed landfill 
112.6 	investment fund.

112.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

112.8 	Sec. 123. Minnesota Statutes 2016, section 115C.021, subdivision 1, is amended to read:
112.9 		Subdivision 1.General rule. Except as provided in subdivisions 2 to 4 5, a person is 
112.10 	responsible for a release from a tank if the person is an owner or operator of the tank at any 
112.11 	time during or after the release.

112.12 	Sec. 124. Minnesota Statutes 2016, section 115C.021, is amended by adding a subdivision 
112.13 	to read:
112.14 		Subd. 5.Heating fuel oil vendor. A heating fuel oil vendor is not a responsible person 
112.15 	for a heating fuel oil release at a residential location if the release was caused solely by the 
112.16 	failure of a tank owned by the homeowner.

112.17 	Sec. 125. Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read:
112.18 		Subd. 2b.Permitting efficiency. (a) It is the goal of the state that environmental and 
112.19 	resource management permits be issued or denied within 90 days for Tier 1 permits or 150 
112.20 	days for Tier 2 permits following submission of a permit application. The commissioner of 
112.21 	the Pollution Control Agency shall establish management systems designed to achieve the 
112.22 	goal. For the purposes of this section, "Tier 1 permits" are permits that do not require 
112.23 	individualized actions or public comment periods, and "Tier 2 permits" are permits that 
112.24 	require individualized actions or public comment periods.
112.25 	(b) The commissioner shall prepare an annual permitting efficiency report that includes 
112.26 	statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit 
112.27 	categories. The report is due August 1 each year. For permit applications that have not met 
112.28 	the goal, the report must state the reasons for not meeting the goal. In stating the reasons 
112.29 	for not meeting the goal, the commissioner shall separately identify delays caused by the 
112.30 	responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the 
112.31 	level of public engagement. The report must specify the number of days from initial 
113.1 	submission of the application to the day of determination that the application is complete. 
113.2 	The report must aggregate the data for the year and assess whether program or system 
113.3 	changes are necessary to achieve the goal. The report must be posted on the agency's Web 
113.4 	site and submitted to the governor and the chairs and ranking minority members of the house 
113.5 	of representatives and senate committees having jurisdiction over environment policy and 
113.6 	finance.
113.7 	(c) The commissioner shall allow electronic submission of environmental review and 
113.8 	permit documents to the agency.
113.9 	(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject 
113.10 	to paragraph (a), the commissioner of the Pollution Control Agency shall notify the project 
113.11 	proposer permit applicant, in writing, whether the application is complete or incomplete. If 
113.12 	the commissioner determines that an application is incomplete, the notice to the applicant 
113.13 	must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes, 
113.14 	and advise the applicant on how the deficiencies can be remedied. If the commissioner 
113.15 	determines that the application is complete, the notice must confirm the application's Tier 
113.16 	1 or Tier 2 permit status and, upon request of the permit applicant of an individual Tier 2 
113.17 	permit, provide the permit applicant with a schedule for reviewing the permit application. 
113.18 	This paragraph does not apply to an application for a permit that is subject to a grant or loan 
113.19 	agreement under chapter 446A.
113.20 	(e) For purposes of this subdivision, "permit professional" means an individual not 
113.21 	employed by the Pollution Control Agency who:
113.22 	(1) has a professional license issued by the state of Minnesota in the subject area of the 
113.23 	permit;
113.24 	(2) has at least ten years of experience in the subject area of the permit; and
113.25 	(3) abides by the duty of candor applicable to employees of the Pollution Control Agency 
113.26 	under agency rules and complies with all applicable requirements under chapter 326.
113.27 	(f) Upon the agency's request, an applicant relying on a permit professional must 
113.28 	participate in a meeting with the agency before submitting an application:
113.29 	(1) at least two weeks prior to the preapplication meeting, the applicant must submit at 
113.30 	least the following:
113.31 	(i) project description, including, but not limited to, scope of work, primary emissions 
113.32 	points, discharge outfalls, and water intake points;
113.33 	(ii) location of the project, including county, municipality, and location on the site;
114.1 	(iii) business schedule for project completion; and
114.2 	(iv) other information requested by the agency at least four weeks prior to the scheduled 
114.3 	meeting; and
114.4 	(2) during the preapplication meeting, the agency shall provide for the applicant at least 
114.5 	the following:
114.6 	(i) an overview of the permit review program;
114.7 	(ii) a determination of which specific application or applications will be necessary to 
114.8 	complete the project;
114.9 	(iii) a statement notifying the applicant if the specific permit being sought requires a 
114.10 	mandatory public hearing or comment period;
114.11 	(iv) a review of the timetable established in the permit review program for the specific 
114.12 	permit being sought; and
114.13 	(v) a determination of what information must be included in the application, including 
114.14 	a description of any required modeling or testing.
114.15 	(g) The applicant may select a permit professional to undertake the preparation of the 
114.16 	permit application and draft permit.
114.17 	(h) If a preapplication meeting was held, the agency shall, within seven business days 
114.18 	of receipt of an application, notify the applicant and submitting permit professional that the 
114.19 	application is complete or is denied, specifying the deficiencies of the application.
114.20 	(i) Upon receipt of notice that the application is complete, the permit professional shall 
114.21 	submit to the agency a timetable for submitting a draft permit. The permit professional shall 
114.22 	submit a draft permit on or before the date provided in the timetable. Within 60 days after 
114.23 	the close of the public comment period, the commissioner shall notify the applicant whether 
114.24 	the permit can be issued.
114.25 	(j) Nothing in this section shall be construed to modify:
114.26 	(1) any requirement of law that is necessary to retain federal delegation to or assumption 
114.27 	by the state; or
114.28 	(2) the authority to implement a federal law or program.
114.29 	(k) The permit application and draft permit shall identify or include as an appendix all 
114.30 	studies and other sources of information used to substantiate the analysis contained in the 
114.31 	permit application and draft permit. The commissioner shall request additional studies, if 
115.1 	needed, and the project proposer permit applicant shall submit all additional studies and 
115.2 	information necessary for the commissioner to perform the commissioner's responsibility 
115.3 	to review, modify, and determine the completeness of the application and approve the draft 
115.4 	permit.

115.5 	Sec. 126. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision 
115.6 	to read:
115.7 		Subd. 7.Draft permits; public notice. When public notice of a draft individual Tier 2 
115.8 	permit is required, the commissioner must issue the notice with the draft permit within 150 
115.9 	days of receiving a completed permit application unless the permit applicant and the 
115.10 	commissioner mutually agree to a different date. Upon request of the permit applicant, the 
115.11 	commissioner must provide a copy of the draft permit to the permit applicant and consider 
115.12 	comments on the draft permit from the permit applicant before issuing the public notice.

115.13 	Sec. 127. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision 
115.14 	to read:
115.15 		Subd. 8.Clean Air Act settlement money. "Clean Air Act settlement money" means 
115.16 	money required to be paid to the state as a result of litigation or settlements of alleged 
115.17 	violations of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., 
115.18 	or rules adopted thereunder, by an automobile manufacturer. The commissioner of 
115.19 	management and budget must establish the Clean Air Act settlement account in the 
115.20 	environmental fund. Notwithstanding sections 16A.013 to 16A.016, the commissioner of 
115.21 	management and budget must deposit Clean Air Act settlement money into the Clean Air 
115.22 	Act settlement account. Clean Air Act settlement money must not be spent until it is 
115.23 	specifically appropriated by law. The commissioner of management and budget must 
115.24 	eliminate the Clean Air Act settlement account in the environmental fund after all Clean 
115.25 	Air Act settlement money has been expended.

115.26 	Sec. 128. Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read:
115.27 		Subd. 4d.Permit fees. (a) The agency may collect permit fees in amounts not greater 
115.28 	than those necessary to cover the reasonable costs of developing, reviewing, and acting 
115.29 	upon applications for agency permits and implementing and enforcing the conditions of the 
115.30 	permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The 
115.31 	fee schedule must reflect reasonable and routine direct and indirect costs associated with 
115.32 	permitting, implementation, and enforcement. The agency may impose an additional 
115.33 	enforcement fee to be collected for a period of up to two years to cover the reasonable costs 
116.1 	of implementing and enforcing the conditions of a permit under the rules of the agency. 
116.2 	Any money collected under this paragraph shall be deposited in the environmental fund.
116.3 	(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner 
116.4 	or operator of all stationary sources, emission facilities, emissions units, air contaminant 
116.5 	treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage 
116.6 	facilities subject to a notification, permit, or license requirement under this chapter, 
116.7 	subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401 
116.8 	et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and 
116.9 	indirect reasonable costs, including legal costs, required to develop and administer the 
116.10 	notification, permit, or license program requirements of this chapter, subchapters I and V 
116.11 	of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules 
116.12 	adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon 
116.13 	an application for a permit; implementing and enforcing statutes, rules, and the terms and 
116.14 	conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally 
116.15 	applicable regulations; responding to federal guidance; modeling, analyses, and 
116.16 	demonstrations; preparing inventories and tracking emissions; and providing information 
116.17 	to the public about these activities.
116.18 	(c) The agency shall set fees that:
116.19 	(1) will result in the collection, in the aggregate, from the sources listed in paragraph 
116.20 	(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant 
116.21 	regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of 
116.22 	the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national 
116.23 	primary ambient air quality standard has been promulgated;
116.24 	(2) may result in the collection, in the aggregate, from the sources listed in paragraph 
116.25 	(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is 
116.26 	regulated under this chapter or air quality rules adopted under this chapter; and
116.27 	(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount 
116.28 	needed to match grant funds received by the state under United States Code, title 42, section 
116.29 	7405 (section 105 of the federal Clean Air Act).
116.30 	The agency must not include in the calculation of the aggregate amount to be collected 
116.31 	under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant 
116.32 	from a source. The increase in air permit fees to match federal grant funds shall be a surcharge 
116.33 	on existing fees. The commissioner may not collect the surcharge after the grant funds 
117.1 	become unavailable. In addition, the commissioner shall use nonfee funds to the extent 
117.2 	practical to match the grant funds so that the fee surcharge is minimized.
117.3 	(d) To cover the reasonable costs described in paragraph (b), the agency shall provide 
117.4 	in the rules promulgated under paragraph (c) for an increase in the fee collected in each 
117.5 	year by the percentage, if any, by which the Consumer Price Index for the most recent 
117.6 	calendar year ending before the beginning of the year the fee is collected exceeds the 
117.7 	Consumer Price Index for the calendar year 1989. For purposes of this paragraph the 
117.8 	Consumer Price Index for any calendar year is the average of the Consumer Price Index for 
117.9 	all-urban consumers published by the United States Department of Labor, as of the close 
117.10 	of the 12-month period ending on August 31 of each calendar year. The revision of the 
117.11 	Consumer Price Index that is most consistent with the Consumer Price Index for calendar 
117.12 	year 1989 shall be used.
117.13 	(e) Any money collected under paragraphs (b) to (d) must be deposited in the 
117.14 	environmental fund and must be used solely for the activities listed in paragraph (b).
117.15 	(f) Permit applicants who wish to construct, reconstruct, or modify a facility project may 
117.16 	offer to reimburse the agency for the reasonable costs of staff time or consultant services
117.17 	needed to expedite the preapplication process and permit development process through the 
117.18 	final decision on the permit, including the analysis of environmental review documents. 
117.19 	The reimbursement shall be in addition to permit application fees imposed by law. When 
117.20 	the agency determines that it needs additional resources to develop the permit application 
117.21 	in an expedited manner, and that expediting the development is consistent with permitting 
117.22 	program priorities, the agency may accept the reimbursement. The commissioner must give 
117.23 	the applicant an estimate of costs to be incurred by the commissioner. The estimate must 
117.24 	include a brief description of the tasks to be performed, a schedule for completing the tasks, 
117.25 	and the estimated cost for each task. The applicant and the commissioner must enter into a 
117.26 	written agreement detailing the estimated costs for the expedited permit decision-making 
117.27 	process to be incurred by the agency and any recourse available to the applicant if the agency 
117.28 	fails to meet the schedule. The agreement must also identify staff anticipated to be assigned 
117.29 	to the project and describe the commissioner's commitment to make assigned staff available 
117.30 	for the project until the permit decision is made. The commissioner must not issue a permit 
117.31 	until the applicant has paid all fees in full. The commissioner must refund any unobligated 
117.32 	balance of fees paid. Reimbursements accepted by the agency are appropriated to the agency 
117.33 	for the purpose of developing the permit or analyzing environmental review documents. 
117.34 	Reimbursement by a permit applicant shall precede and not be contingent upon issuance of 
117.35 	a permit; shall not affect the agency's decision on whether to issue or deny a permit, what 
118.1 	conditions are included in a permit, or the application of state and federal statutes and rules 
118.2 	governing permit determinations; and shall not affect final decisions regarding environmental 
118.3 	review.
118.4 	(g) The fees under this subdivision are exempt from section 16A.1285.

118.5 	Sec. 129. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision 
118.6 	to read:
118.7 		Subd. 13.Irrevocability, suspensions, or expiration of permits; environmental 
118.8 	review. (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to 
118.9 	appropriate money to the commissioner of the Pollution Control Agency for environmental 
118.10 	review and permitting activities of the agency:
118.11 	(1) a permit granted by the commissioner may not be terminated or suspended for the 
118.12 	term of the permit nor shall it expire without the consent of the permittee, except for breach 
118.13 	or nonperformance of any condition of the permit by the permittee that is an imminent threat 
118.14 	to impair or destroy the environment or injure the health, safety, or welfare of the citizens 
118.15 	of the state; and
118.16 	(2) environmental review and permit application work on environmental review and 
118.17 	permits filed before July 1 of that year must not be suspended or terminated.
118.18 	(b) Paragraph (a), clause (1), applies until legislation appropriating money to the 
118.19 	commissioner for the environmental review and permitting activities is enacted.

118.20 	Sec. 130. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision 
118.21 	to read:
118.22 		Subd. 14.Unadopted rules. The commissioner of the Pollution Control Agency must 
118.23 	not seek to implement in a permit or enforce a penalty based upon an agency policy, 
118.24 	guideline, bulletin, criterion, manual standard, interpretive statement, or similar 
118.25 	pronouncement if the policy, guideline, bulletin, criterion, manual standard, interpretive 
118.26 	standard, or pronouncement has not been adopted under the rulemaking process under 
118.27 	chapter 14. In any proceeding under section 14.381, the commissioner has the burden of 
118.28 	proving the action is not prohibited.

119.1 	Sec. 131. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision 
119.2 	to read:
119.3 		Subd. 15.Limitation regarding certain policies, guidelines, and other interpretive 
119.4 	statements. (a) The commissioner of the Pollution Control Agency must not seek to 
119.5 	implement or enforce against any person a policy, guideline, or other interpretive statement 
119.6 	that meets the definition of a rule under section 14.02, subdivision 4, if the policy, guideline, 
119.7 	or other interpretive statement has not been adopted as a rule according to chapter 14. In 
119.8 	any proceeding under chapter 14 challenging agency action prohibited by this subdivision, 
119.9 	the reviewing authority must independently and without deference to the agency determine 
119.10 	whether the agency violated this subdivision. The agency must overcome the presumption 
119.11 	that the agency action may not be enforced as a rule.
119.12 	(b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion, 
119.13 	manual standard, interpretive statement, or similar pronouncement into a statute, rule, or 
119.14 	standard, the commissioner must follow the rulemaking process provided under chapter 14 
119.15 	to amend or revise the guideline, bulletin, criterion, manual standard, interpretive statement, 
119.16 	or similar pronouncement.

119.17 	Sec. 132. Minnesota Statutes 2016, section 116.0714, is amended to read:
119.18 	116.0714 NEW OPEN AIR SWINE BASINS.
119.19 	The commissioner of the Pollution Control Agency or a county board shall not approve 
119.20 	any permits for the construction of new open air swine basins, except that existing facilities 
119.21 	may use one basin of less than 1,000,000 gallons as part of a permitted waste treatment 
119.22 	program for resolving pollution problems or to allow conversion of an existing basin of less 
119.23 	than 1,000,000 gallons to a different animal type, provided all standards are met. This section 
119.24 	expires June 30, 2017 2022.

119.25 	EFFECTIVE DATE. This section is effective the day following final enactment.

119.26 	Sec. 133. [116.083] PROPANE SCHOOL BUS REBATE PROGRAM.
119.27 		Subdivision 1.Definitions. For the purposes of this section, the following terms have 
119.28 	the meanings given:
119.29 	(1) "propane school bus" means a school bus fueled by propane and used by a school 
119.30 	or under contract with the school to transport pupils to or from a school or to or from 
119.31 	school-related activities;
119.32 	(2) "school" means a Minnesota school district or Minnesota charter school; and
120.1 	(3) "school bus" means a type A, B, C, or D school bus under section 169.011, subdivision 
120.2 	71.
120.3 		Subd. 2.Rebate eligibility. (a) Schools that purchase a propane school bus are eligible 
120.4 	for a rebate under this section. A school that contracts for pupil transportation may apply 
120.5 	for a rebate on behalf of the school bus contractor.
120.6 	(b) Propane school buses must be registered and licensed in Minnesota.
120.7 	(c) The cost of an original equipment manufacturer propane school bus purchased is 
120.8 	eligible for a rebate under this section.
120.9 		Subd. 3.Rebate amounts. Rebates under this section may be issued for no more than 
120.10 	25 percent of the cost of a propane school bus, not to exceed $25,000.
120.11 		Subd. 4.Maximum rebate allowed. A school may receive no more than five propane 
120.12 	school bus rebates per year.
120.13 		Subd. 5.Funding. $1,500,000 is annually appropriated from the Clean Air Act settlement 
120.14 	account in the environmental fund to the agency for grants under this section. The grants 
120.15 	must be awarded through a request for proposal process established by the commissioner 
120.16 	and must comply with the litigation or settlement order providing receipts to the account.

120.17 	Sec. 134. Minnesota Statutes 2016, section 116C.03, subdivision 2, is amended to read:
120.18 		Subd. 2.Membership. The members of the board are the commissioner of administration, 
120.19 	the commissioner of commerce, the commissioner of the Pollution Control Agency, the 
120.20 	commissioner of natural resources, the commissioner of agriculture, the commissioner of 
120.21 	health, the commissioner of employment and economic development, the commissioner of 
120.22 	transportation, and the chair of the Board of Water and Soil Resources, and a representative 
120.23 	of the governor's office designated by the governor. The governor shall appoint five eight
120.24 	members from the general public to the board, one from each congressional district, subject 
120.25 	to the advice and consent of the senate. At least two of The five public members must have 
120.26 	knowledge of and be conversant in water management issues in the state environmental 
120.27 	review or permitting. Notwithstanding the provisions of section 15.06, subdivision 6, 
120.28 	members of the board may not delegate their powers and responsibilities as board members 
120.29 	to any other person.

120.30 	Sec. 135. Minnesota Statutes 2016, section 116C.04, subdivision 2, is amended to read:
120.31 		Subd. 2.Jurisdiction. (a) The board shall determine which environmental problems of 
120.32 	interdepartmental concern to state government shall be considered by the board. The board 
121.1 	shall initiate interdepartmental investigations into those matters that it determines are in 
121.2 	need of study. Topics for investigation may include but need not be limited to future 
121.3 	population and settlement patterns, air and water resources and quality, solid waste 
121.4 	management, transportation and utility corridors, economically productive open space, 
121.5 	energy policy and need, growth and development, and land use planning.
121.6 	(b) The board shall review programs of state agencies that significantly affect the 
121.7 	environment and coordinate those it determines are interdepartmental in nature, and insure 
121.8 	agency compliance with state environmental policy.
121.9 	(c) The board may review environmental rules and criteria for granting and denying 
121.10 	permits by state agencies and may resolve conflicts involving state agencies with regard to 
121.11 	programs, rules, permits and procedures significantly affecting the environment, provided 
121.12 	that such resolution of conflicts is consistent with state environmental policy.
121.13 	(d) State agencies shall submit to the board all proposed legislation of major significance 
121.14 	relating to the environment and the board shall submit a report to the governor and the 
121.15 	legislature with comments on such major environmental proposals of state agencies.

121.16 	Sec. 136. Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:
121.17 		Subd. 2a.When prepared. (a) Where there is potential for significant environmental 
121.18 	effects resulting from any major governmental action, the action shall be preceded by a 
121.19 	detailed environmental impact statement prepared by the responsible governmental unit. 
121.20 	The environmental impact statement shall be an analytical rather than an encyclopedic 
121.21 	document which describes the proposed action in detail, analyzes its significant environmental 
121.22 	impacts, discusses appropriate alternatives to the proposed action and their impacts, and 
121.23 	explores methods by which adverse environmental impacts of an action could be mitigated. 
121.24 	The environmental impact statement shall also analyze those economic, employment, and 
121.25 	sociological effects that cannot be avoided should the action be implemented. To ensure its 
121.26 	use in the decision-making process, the environmental impact statement shall be prepared 
121.27 	as early as practical in the formulation of an action.
121.28 	(a) (b) The board shall by rule establish categories of actions for which environmental 
121.29 	impact statements and for which environmental assessment worksheets shall be prepared 
121.30 	as well as categories of actions for which no environmental review is required under this 
121.31 	section. A mandatory environmental assessment worksheet shall is not be required for the 
121.32 	expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), 
121.33 	or the conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol 
121.34 	facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded 
122.1 	or converted facility to produce alcohol fuel, but must be required if the ethanol plant or 
122.2 	biobutanol facility meets or exceeds thresholds of other categories of actions for which 
122.3 	environmental assessment worksheets must be prepared. The responsible governmental unit 
122.4 	for an ethanol plant or biobutanol facility project for which an environmental assessment 
122.5 	worksheet is prepared shall be is the state agency with the greatest responsibility for 
122.6 	supervising or approving the project as a whole.
122.7 	(c) A mandatory environmental impact statement shall is not be required for a facility 
122.8 	or plant located outside the seven-county metropolitan area that produces less than 
122.9 	125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less 
122.10 	than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as 
122.11 	defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined 
122.12 	in section 41A.15, subdivision 2d; or a cellulosic biofuel facility. A facility or plant that 
122.13 	only uses a cellulosic feedstock to produce chemical products for use by another facility as 
122.14 	a feedstock shall is not be considered a fuel conversion facility as used in rules adopted 
122.15 	under this chapter.
122.16 	(b) (d) The responsible governmental unit shall promptly publish notice of the completion 
122.17 	of an environmental assessment worksheet by publishing the notice in at least one newspaper 
122.18 	of general circulation in the geographic area where the project is proposed, by posting the 
122.19 	notice on a Web site that has been designated as the official publication site for publication 
122.20 	of proceedings, public notices, and summaries of a political subdivision in which the project 
122.21 	is proposed, or in any other manner determined by the board and shall provide copies of 
122.22 	the environmental assessment worksheet to the board and its member agencies. Comments 
122.23 	on the need for an environmental impact statement may be submitted to the responsible 
122.24 	governmental unit during a 30-day period following publication of the notice that an 
122.25 	environmental assessment worksheet has been completed. The responsible governmental 
122.26 	unit's decision on the need for an environmental impact statement shall be based on the 
122.27 	environmental assessment worksheet and the comments received during the comment period, 
122.28 	and shall be made within 15 days after the close of the comment period. The board's chair 
122.29 	may extend the 15-day period by not more than 15 additional days upon the request of the 
122.30 	responsible governmental unit.
122.31 	(c) (e) An environmental assessment worksheet shall also be prepared for a proposed 
122.32 	action whenever material evidence accompanying a petition by not less than 100 individuals 
122.33 	who reside or own property in the state, submitted before the proposed project has received 
122.34 	final approval by the appropriate governmental units, demonstrates that, because of the 
122.35 	nature or location of a proposed action, there may be potential for significant environmental 
123.1 	effects. Petitions requesting the preparation of an environmental assessment worksheet shall 
123.2 	be submitted to the board. The chair of the board shall determine the appropriate responsible 
123.3 	governmental unit and forward the petition to it. A decision on the need for an environmental 
123.4 	assessment worksheet shall be made by the responsible governmental unit within 15 days 
123.5 	after the petition is received by the responsible governmental unit. The board's chair may 
123.6 	extend the 15-day period by not more than 15 additional days upon request of the responsible 
123.7 	governmental unit.
123.8 	(d) (f) Except in an environmentally sensitive location where Minnesota Rules, part 
123.9 	4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 
123.10 	review under this chapter and rules of the board, if:
123.11 	(1) the proposed action is:
123.12 	(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
123.13 	(ii) an expansion of an existing animal feedlot facility with a total cumulative capacity 
123.14 	of less than 1,000 animal units;
123.15 	(2) the application for the animal feedlot facility includes a written commitment by the 
123.16 	proposer to design, construct, and operate the facility in full compliance with Pollution 
123.17 	Control Agency feedlot rules; and
123.18 	(3) the county board holds a public meeting for citizen input at least ten business days 
123.19 	prior to before the Pollution Control Agency or county issuing a feedlot permit for the 
123.20 	animal feedlot facility unless another public meeting for citizen input has been held with 
123.21 	regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition 
123.22 	to other exemptions provided under other law and rules of the board.
123.23 	(e) (g) The board may, prior to before final approval of a proposed project, require 
123.24 	preparation of an environmental assessment worksheet by a responsible governmental unit 
123.25 	selected by the board for any action where environmental review under this section has not 
123.26 	been specifically provided for by rule or otherwise initiated.
123.27 	(f) (h) An early and open process shall be utilized to limit the scope of the environmental 
123.28 	impact statement to a discussion of those impacts, which that, because of the nature or 
123.29 	location of the project, have the potential for significant environmental effects. The same 
123.30 	process shall be utilized to determine the form, content, and level of detail of the statement 
123.31 	as well as the alternatives which that are appropriate for consideration in the statement. In 
123.32 	addition, the permits which that will be required for the proposed action shall be identified 
123.33 	during the scoping process. Further, the process shall identify those permits for which 
124.1 	information will be developed concurrently with the environmental impact statement. The 
124.2 	board shall provide in its rules for the expeditious completion of the scoping process. The 
124.3 	determinations reached in the process shall be incorporated into the order requiring the 
124.4 	preparation of an environmental impact statement.
124.5 	(g) (i) The responsible governmental unit shall, to the extent practicable, avoid duplication 
124.6 	and ensure coordination between state and federal environmental review and between 
124.7 	environmental review and environmental permitting. Whenever practical, information 
124.8 	needed by a governmental unit for making final decisions on permits or other actions required 
124.9 	for a proposed project shall be developed in conjunction with the preparation of an 
124.10 	environmental impact statement. When an environmental impact statement is prepared for 
124.11 	a project requiring multiple permits for which two or more agencies' decision processes 
124.12 	include either mandatory or discretionary hearings before a hearing officer prior to before
124.13 	the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to 
124.14 	the contrary, conduct the hearings in a single consolidated hearing process if requested by 
124.15 	the proposer. All agencies having jurisdiction over a permit that is included in the 
124.16 	consolidated hearing shall participate. The responsible governmental unit shall establish 
124.17 	appropriate procedures for the consolidated hearing process, including procedures to ensure 
124.18 	that the consolidated hearing process is consistent with the applicable requirements for each 
124.19 	permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest 
124.20 	applicable hearing procedure to initiate the hearing. All agencies having jurisdiction over 
124.21 	a permit identified in the draft environmental impact statement must accept and begin 
124.22 	reviewing any permit application upon publication of the notice of preparation of the 
124.23 	environmental impact statement.
124.24 	(h) (j) An environmental impact statement shall be prepared and its adequacy determined 
124.25 	within 280 days after notice of its preparation unless the time is extended by consent of the 
124.26 	parties or by the governor for good cause. The responsible governmental unit shall determine 
124.27 	the adequacy of an environmental impact statement, unless within 60 days after notice is 
124.28 	published that an environmental impact statement will be prepared, the board chooses to 
124.29 	determine the adequacy of an environmental impact statement. If an environmental impact 
124.30 	statement is found to be inadequate, the responsible governmental unit shall have 60 days 
124.31 	to prepare an adequate environmental impact statement.
124.32 	(i) (k) The proposer of a specific action may include in the information submitted to the 
124.33 	responsible governmental unit a preliminary draft environmental impact statement under 
124.34 	this section on that action for review, modification, and determination of completeness and 
124.35 	adequacy by the responsible governmental unit. A preliminary draft environmental impact 
125.1 	statement prepared by the project proposer and submitted to the responsible governmental 
125.2 	unit shall identify or include as an appendix all studies and other sources of information 
125.3 	used to substantiate the analysis contained in the preliminary draft environmental impact 
125.4 	statement. The responsible governmental unit shall require additional studies, if needed, 
125.5 	and obtain from the project proposer all additional studies and information necessary for 
125.6 	the responsible governmental unit to perform its responsibility to review, modify, and 
125.7 	determine the completeness and adequacy of the environmental impact statement.

125.8 	Sec. 137. Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read:
125.9 		Subd. 10.Review. A person aggrieved by a final decision on the need for an 
125.10 	environmental assessment worksheet, the need for an environmental impact statement, or 
125.11 	the adequacy of an environmental impact statement is entitled to judicial review of the 
125.12 	decision under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved 
125.13 	person for judicial review under sections 14.63 to 14.68 must be filed with the Court of 
125.14 	Appeals and served on the responsible governmental unit not more than 3045 days after 
125.15 	the party receives the final decision and order of the responsible governmental unit provides 
125.16 	notice of the decision as required by law. Proceedings for review under this section must 
125.17 	be instituted by serving a petition for a writ of certiorari personally or by certified mail upon 
125.18 	the responsible governmental unit and by promptly filing the proof of service in the Office 
125.19 	of the Clerk of the Appellate Courts and the matter will proceed in the manner provided by 
125.20 	the Rules of Civil Appellate Procedure. A copy of the petition must be provided to the 
125.21 	attorney general at the time of service. Copies of the writ must be served, personally or by 
125.22 	certified mail, upon the responsible governmental unit and the project proposer. The filing 
125.23 	of the writ of certiorari does not stay the enforcement of any other governmental action, 
125.24 	provided that the responsible governmental unit may stay enforcement or the Court of 
125.25 	Appeals may order a stay upon terms it deems proper. A bond may be required under section 
125.26 	562.02 unless at the time of hearing on the application for the bond the petitioner-relator 
125.27 	has shown that the claim is likely to succeed on the merits. The board may initiate judicial 
125.28 	review of decisions referred to herein and the board or a project proposer may intervene as 
125.29 	of right in any proceeding brought under this subdivision.

125.30 	Sec. 138. Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:
125.31 		Subdivision 1.Assessment. The board shall must by rule adopt procedures to:
125.32 	(1) assess the proposer of a specific action for the responsible governmental unit's
125.33 	reasonable costs of preparing, reviewing, and distributing the environmental impact statement. 
126.1 	The costs shall must be determined by the responsible governmental unit pursuant according
126.2 	to the rules promulgated adopted by the board; and
126.3 	(2) authorize a proposer of a specific action to prepare a draft environmental impact 
126.4 	statement for that action for submission to and review, modification, and determination of 
126.5 	completeness and adequacy by the responsible governmental unit.

126.6 	Sec. 139. Minnesota Statutes 2016, section 160.06, is amended to read:
126.7 	160.06 TRAIL OR PORTAGE DEDICATION.
126.8 	Any trail or portage between public or navigable bodies of water or from public or 
126.9 	navigable water to a public highway in this state which that has been in continued and 
126.10 	uninterrupted use by the general public for 15 years or more as a trail or portage for the 
126.11 	purposes of travel, shall be is deemed to have been dedicated to the public as a trail or 
126.12 	portage. This section shall apply applies only to forest trails on established state water trails
126.13 	canoe routes and the public shall have has the right to use the same for the purposes of travel 
126.14 	to the same extent as public highways. The width of all trails and portages dedicated by 
126.15 	user shall be is eight feet on each side of the centerline of the trail or portage.

126.16 	Sec. 140. Minnesota Statutes 2016, section 168.1295, subdivision 1, is amended to read:
126.17 		Subdivision 1.General requirements and procedures. (a) The commissioner shall 
126.18 	issue state parks and trails plates to an applicant who:
126.19 	(1) is a registered owner of a passenger automobile, recreational vehicle, one ton pickup 
126.20 	truck, or motorcycle;
126.21 	(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
126.22 	(3) pays the registration tax required under section 168.013;
126.23 	(4) pays the fees required under this chapter;
126.24 	(5) contributes a minimum of $50 $60 annually to the state parks and trails donation 
126.25 	account established in section 85.056; and
126.26 	(6) complies with this chapter and rules governing registration of motor vehicles and 
126.27 	licensing of drivers.
126.28 	(b) The state parks and trails plate application must indicate that the contribution specified 
126.29 	under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the 
126.30 	applicant may make an additional contribution to the account.
127.1 	(c) State parks and trails plates may be personalized according to section 168.12, 
127.2 	subdivision 2a.

127.3 	Sec. 141. Minnesota Statutes 2016, section 282.018, subdivision 1, is amended to read:
127.4 		Subdivision 1.Land on or adjacent to public waters. (a) All land which is the property 
127.5 	of the state as a result of forfeiture to the state for nonpayment of taxes, regardless of whether 
127.6 	the land is held in trust for taxing districts, and which borders on or is adjacent to meandered 
127.7 	lakes and other public waters and watercourses, and the live timber growing or being thereon, 
127.8 	is hereby withdrawn from sale except as hereinafter provided. The authority having 
127.9 	jurisdiction over the timber on any such of these lands may sell the timber as otherwise 
127.10 	provided by law for cutting and removal under such the conditions as the authority may 
127.11 	prescribe in accordance with approved, sustained yield forestry practices. The authority 
127.12 	having jurisdiction over the timber shall reserve such the timber and impose such the
127.13 	conditions as the authority deems necessary for the protection of watersheds, wildlife habitat, 
127.14 	shorelines, and scenic features. Within the area in Cook, Lake, and St. Louis counties 
127.15 	described in the Act of Congress approved July 10, 1930 (46 Stat. 1020), the timber on 
127.16 	tax-forfeited lands shall be subject to like restrictions as are now imposed by that act on 
127.17 	federal lands.
127.18 	(b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other public 
127.19 	waters and watercourses and so withdrawn from sale, a strip two rods in width, the ordinary 
127.20 	high-water mark being the waterside boundary thereof, and the land side boundary thereof 
127.21 	being a line drawn parallel to the ordinary high-water mark and two rods distant landward 
127.22 	therefrom, hereby is reserved for public travel thereon, and whatever the conformation of 
127.23 	the shore line or conditions require, the authority having jurisdiction over such these lands 
127.24 	shall reserve a wider strip for suchthese purposes.
127.25 	(c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold by 
127.26 	the authority having jurisdiction over the land, in the manner otherwise provided by law 
127.27 	for the sale of such the lands, if the authority determines that it is in the public interest to 
127.28 	do so. Any tract or parcel of land within a plat of record bordering on or adjacent to 
127.29 	meandered lakes and other public waters and watercourses may be sold by the authority 
127.30 	having jurisdiction over the land, in the manner otherwise provided by law for the sale of 
127.31 	the lands, if the authority determines that it is in the public interest to do so. If the authority 
127.32 	having jurisdiction over the land is not the commissioner of natural resources, the land may 
127.33 	not be offered for sale without the prior approval of the commissioner of natural resources.
128.1 	(d) Where the authority having jurisdiction over lands withdrawn from sale under this 
128.2 	section is not the commissioner of natural resources, the authority may submit proposals 
128.3 	for disposition of the lands to the commissioner. The commissioner of natural resources 
128.4 	shall evaluate the lands and their public benefits and make recommendations on the proposed 
128.5 	dispositions to the committees of the legislature with jurisdiction over natural resources. 
128.6 	The commissioner shall include any recommendations of the commissioner for disposition 
128.7 	of lands withdrawn from sale under this section over which the commissioner has jurisdiction. 
128.8 	The commissioner's recommendations may include a public sale, sale to a private party, 
128.9 	acquisition by the Department of Natural Resources for public purposes, or a cooperative 
128.10 	management agreement with, or transfer to, another unit of government.

128.11 	Sec. 142. Minnesota Statutes 2016, section 282.04, subdivision 1, is amended to read:
128.12 		Subdivision 1.Timber sales; land leases and uses. (a) The county auditor, with terms 
128.13 	and conditions set by the county board, may sell timber upon any tract that may be approved 
128.14 	by the natural resources commissioner. The sale of timber shall be made for cash at not less 
128.15 	than the appraised value determined by the county board to the highest bidder after not less 
128.16 	than one week's published notice in an official paper within the county. Any timber offered 
128.17 	at the public sale and not sold may thereafter be sold at private sale by the county auditor 
128.18 	at not less than the appraised value thereof, until the time as the county board may withdraw 
128.19 	the timber from sale. The appraised value of the timber and the forestry practices to be 
128.20 	followed in the cutting of said timber shall be approved by the commissioner of natural 
128.21 	resources.
128.22 	(b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be made 
128.23 	in cash at the time of the timber sale, except in the case of oral or sealed bid auction sales, 
128.24 	the down payment shall be no less than 15 percent of the appraised value, and the balance 
128.25 	shall be paid prior to entry. In the case of auction sales that are partitioned and sold as a 
128.26 	single sale with predetermined cutting blocks, the down payment shall be no less than 15 
128.27 	percent of the appraised price of the entire timber sale which may be held until the satisfactory 
128.28 	completion of the sale or applied in whole or in part to the final cutting block. The value of 
128.29 	each separate block must be paid in full before any cutting may begin in that block. With 
128.30 	the permission of the county contract administrator the purchaser may enter unpaid blocks 
128.31 	and cut necessary timber incidental to developing logging roads as may be needed to log 
128.32 	other blocks provided that no timber may be removed from an unpaid block until separately 
128.33 	scaled and paid for. If payment is provided as specified in this paragraph as security under 
128.34 	paragraph (a) and no cutting has taken place on the contract, the county auditor may credit 
128.35 	the security provided, less any down payment required for an auction sale under this 
129.1 	paragraph, to any other contract issued to the contract holder by the county under this chapter 
129.2 	to which the contract holder requests in writing that it be credited, provided the request and 
129.3 	transfer is made within the same calendar year as the security was received.
129.4 	(c) The county board may sell any timber, including biomass, as appraised or scaled. 
129.5 	Any parcels of land from which timber is to be sold by scale of cut products shall be so 
129.6 	designated in the published notice of sale under paragraph (a), in which case the notice shall 
129.7 	contain a description of the parcels, a statement of the estimated quantity of each species 
129.8 	of timber, and the appraised price of each species of timber for 1,000 feet, per cord or per 
129.9 	piece, as the case may be. In those cases any bids offered over and above the appraised 
129.10 	prices shall be by percentage, the percent bid to be added to the appraised price of each of 
129.11 	the different species of timber advertised on the land. The purchaser of timber from the 
129.12 	parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown in the 
129.13 	notice of sale as estimated to be standing on the land, and in addition shall pay at the same 
129.14 	rate for any additional amounts which the final scale shows to have been cut or was available 
129.15 	for cutting on the land at the time of sale under the terms of the sale. Where the final scale 
129.16 	of cut products shows that less timber was cut or was available for cutting under terms of 
129.17 	the sale than was originally paid for, the excess payment shall be refunded from the forfeited 
129.18 	tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board 
129.19 	as in case of other claims against the county. No timber, except hardwood pulpwood, may 
129.20 	be removed from the parcels of land or other designated landings until scaled by a person 
129.21 	or persons designated by the county board and approved by the commissioner of natural 
129.22 	resources. Landings other than the parcel of land from which timber is cut may be designated 
129.23 	for scaling by the county board by written agreement with the purchaser of the timber. The 
129.24 	county board may, by written agreement with the purchaser and with a consumer designated 
129.25 	by the purchaser when the timber is sold by the county auditor, and with the approval of 
129.26 	the commissioner of natural resources, accept the consumer's scale of cut products delivered 
129.27 	at the consumer's landing. No timber shall be removed until fully paid for in cash. Small 
129.28 	amounts of timber not exceeding $3,000 500 cords in appraised valuation volume may be 
129.29 	sold for not less than the full appraised value at private sale to individual persons without 
129.30 	first publishing notice of sale or calling for bids, provided that in case of a sale involving a 
129.31 	total appraised value of more than $200 the sale shall be made subject to final settlement 
129.32 	on the basis of a scale of cut products in the manner above provided and not more than two 
129.33 	of the sales, directly or indirectly to any individual shall be in effect at one time.
129.34 	(d) As directed by the county board, the county auditor may lease tax-forfeited land to 
129.35 	individuals, corporations or organized subdivisions of the state at public or private sale, and 
130.1 	at the prices and under the terms as the county board may prescribe, for use as cottage and 
130.2 	camp sites and for agricultural purposes and for the purpose of taking and removing of hay, 
130.3 	stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden sites 
130.4 	and other temporary uses provided that no leases shall be for a period to exceed ten years; 
130.5 	provided, further that any leases involving a consideration of more than $12,000 per year, 
130.6 	except to an organized subdivision of the state shall first be offered at public sale in the 
130.7 	manner provided herein for sale of timber. Upon the sale of any leased land, it shall remain 
130.8 	subject to the lease for not to exceed one year from the beginning of the term of the lease. 
130.9 	Any rent paid by the lessee for the portion of the term cut off by the cancellation shall be 
130.10 	refunded from the forfeited tax sale fund upon the claim of the lessee, to be audited and 
130.11 	allowed by the county board as in case of other claims against the county.
130.12 	(e) As directed by the county board, the county auditor may lease tax-forfeited land to 
130.13 	individuals, corporations, or organized subdivisions of the state at public or private sale, at 
130.14 	the prices and under the terms as the county board may prescribe, for the purpose of taking 
130.15 	and removing for use for road construction and other purposes tax-forfeited stockpiled 
130.16 	iron-bearing material. The county auditor must determine that the material is needed and 
130.17 	suitable for use in the construction or maintenance of a road, tailings basin, settling basin, 
130.18 	dike, dam, bank fill, or other works on public or private property, and that the use would 
130.19 	be in the best interests of the public. No lease shall exceed ten years. The use of a stockpile 
130.20 	for these purposes must first be approved by the commissioner of natural resources. The 
130.21 	request shall be deemed approved unless the requesting county is notified to the contrary 
130.22 	by the commissioner of natural resources within six months after receipt of a request for 
130.23 	approval for use of a stockpile. Once use of a stockpile has been approved, the county may 
130.24 	continue to lease it for these purposes until approval is withdrawn by the commissioner of 
130.25 	natural resources.
130.26 	(f) The county auditor, with the approval of the county board is authorized to grant 
130.27 	permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores, 
130.28 	tailings, or waste products from mines or ore milling plants, or to use for facilities needed 
130.29 	to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed 
130.30 	for a mining operation, upon the conditions and for the consideration and for the period of 
130.31 	time, not exceeding 25 years, as the county board may determine. The permits, licenses, or 
130.32 	leases are subject to approval by the commissioner of natural resources.
130.33 	(g) Any person who removes any timber from tax-forfeited land before said timber has 
130.34 	been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor.
131.1 	(h) The county auditor may, with the approval of the county board, and without first 
131.2 	offering at public sale, grant leases, for a term not exceeding 25 years, for the removal of 
131.3 	peat and for the production or removal of farm-grown closed-loop biomass as defined in 
131.4 	section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited lands 
131.5 	upon the terms and conditions as the county board may prescribe. Any lease for the removal 
131.6 	of peat, farm-grown closed-loop biomass, or short-rotation woody crops from tax-forfeited 
131.7 	lands must first be reviewed and approved by the commissioner of natural resources if the 
131.8 	lease covers 320 or more acres. No lease for the removal of peat, farm-grown closed-loop 
131.9 	biomass, or short-rotation woody crops shall be made by the county auditor pursuant to this 
131.10 	section without first holding a public hearing on the auditor's intention to lease. One printed 
131.11 	notice in a legal newspaper in the county at least ten days before the hearing, and posted 
131.12 	notice in the courthouse at least 20 days before the hearing shall be given of the hearing.
131.13 	(i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis County 
131.14 	auditor may, at the discretion of the county board, sell timber to the party who bids the 
131.15 	highest price for all the several kinds of timber, as provided for sales by the commissioner 
131.16 	of natural resources under section 90.14. Bids offered over and above the appraised price 
131.17 	need not be applied proportionately to the appraised price of each of the different species 
131.18 	of timber.
131.19 	(j) In lieu of any payment or deposit required in paragraph (b), as directed by the county 
131.20 	board and under terms set by the county board, the county auditor may accept an irrevocable 
131.21 	bank letter of credit in the amount equal to the amount otherwise determined in paragraph 
131.22 	(b). If an irrevocable bank letter of credit is provided under this paragraph, at the written 
131.23 	request of the purchaser, the county may periodically allow the bank letter of credit to be 
131.24 	reduced by an amount proportionate to the value of timber that has been harvested and for 
131.25 	which the county has received payment. The remaining amount of the bank letter of credit 
131.26 	after a reduction under this paragraph must not be less than 20 percent of the value of the 
131.27 	timber purchased. If an irrevocable bank letter of credit or cash deposit is provided for the 
131.28 	down payment required in paragraph (b), and no cutting of timber has taken place on the 
131.29 	contract for which a letter of credit has been provided, the county may allow the transfer 
131.30 	of the letter of credit to any other contract issued to the contract holder by the county under 
131.31 	this chapter to which the contract holder requests in writing that it be credited.

131.32 	Sec. 143. Minnesota Statutes 2016, section 296A.18, subdivision 6a, is amended to read:
131.33 		Subd. 6a.Computation of nonhighway use amounts. The nonhighway use amounts 
131.34 	determined in subdivisions 2 to 6 must be transferred from the highway user tax distribution 
132.1 	fund to the accounts as provided for in sections 84.794, 84.803, 84.83, 84.927, and 86B.706. 
132.2 	These amounts, together with interest and penalties for delinquency in payment, paid or 
132.3 	collected pursuant to the provisions of this chapter, must be computed for each six-month 
132.4 	period ending June 30 and December 31 and must be transferred on November 1 and June
132.5 	April 1 following each six-month period.

132.6 	Sec. 144. [471.9998] MERCHANT BAGS.
132.7 		Subdivision 1.Citation. This section may be cited as the Consumer Choice Act.
132.8 		Subd. 2.Merchant option. All merchants, itinerant vendors, and peddlers doing business 
132.9 	in this state shall have the option to provide customers a paper, plastic, or reusable bag for 
132.10 	the packaging of any item or good purchased, provided the purchase is of a size and manner 
132.11 	commensurate with the use of paper, plastic, or reusable bags.
132.12 		Subd. 3.Prohibition; bag ban or tax. Notwithstanding any other provision of law, no 
132.13 	political subdivision shall impose any ban, fee, or tax upon the use of paper, plastic, or 
132.14 	reusable bags for packaging of any item or good purchased from a merchant, itinerant 
132.15 	vendor, or peddler.

132.16 	EFFECTIVE DATE. This section is effective May 31, 2017. Ordinances existing on 
132.17 	the effective date of this section that would be prohibited under this section are invalid as 
132.18 	of the effective date of this section.

132.19 	Sec. 145. [477A.21] RIPARIAN PROTECTION AID.
132.20 		Subdivision 1.Definitions. For purposes of this section, the following terms have the 
132.21 	meanings given:
132.22 	(1) "buffer protection map" has the meaning given under section 103F.48, subdivision 
132.23 	1; and
132.24 	(2) "public watercourses" means public waters and public drainage systems subject to 
132.25 	riparian protection requirements under section 103F.48.
132.26 		Subd. 2.Certifications to commissioner. (a) The Board of Water and Soil Resources 
132.27 	must certify to the commissioner of revenue, on or before July 1 each year, which counties 
132.28 	and watershed districts have affirmed their jurisdiction under section 103F.48 and the 
132.29 	proportion of centerline miles of public watercourses, and miles of public drainage system 
132.30 	ditches on the buffer protection map, within each county and each watershed district within 
132.31 	the county with affirmed jurisdiction.
133.1 	(b) On or before July 1 each year, the commissioner of natural resources shall certify to 
133.2 	the commissioner of revenue the statewide and countywide number of centerline miles of 
133.3 	public watercourses and miles of public drainage system ditches on the buffer protection 
133.4 	map.
133.5 		Subd. 3.Distribution. (a) A county that is certified under subdivision 2, or that portion 
133.6 	of a county containing a watershed district certified under subdivision 2, is eligible to receive 
133.7 	aid under this section to enforce and implement the riparian protection and water quality 
133.8 	practices under section 103F.48. Each county's preliminary aid amount is equal to the 
133.9 	proportion calculated under paragraph (b) multiplied by the appropriation received each 
133.10 	year by the commissioner for purposes of payments under this section.
133.11 	(b) The commissioner must compute each county's proportion. A county's proportion is 
133.12 	equal to the ratio of the sum in clause (1) to the sum in clause (2):
133.13 	(1) the sum of the total number of acres in the county classified as class 2a under section 
133.14 	273.13, subdivision 23, the countywide number of centerline miles of public watercourses 
133.15 	on the buffer protection map, and the countywide number of miles of public drainage system 
133.16 	ditches on the buffer protection map; and
133.17 	(2) the sum of the statewide total number of acres classified as class 2a under section 
133.18 	273.13, subdivision 23, the statewide total number of centerline miles of public watercourses 
133.19 	on the buffer protection map, and the statewide total number of public drainage system 
133.20 	miles on the buffer protection map.
133.21 	(c) Aid to a county must not be greater than $200,000 or less than $50,000. If the sum 
133.22 	of the preliminary aids payable to counties under paragraph (a) is greater or less than the 
133.23 	appropriation received by the commissioner, the commissioner of revenue must calculate 
133.24 	the percentage of adjustment necessary so that the total of the aid under paragraph (a) equals 
133.25 	the total amount received by the commissioner, subject to the minimum and maximum 
133.26 	amounts specified in this paragraph. The minimum and maximum amounts under this 
133.27 	paragraph must be adjusted by the ratio of the actual amount appropriated to $10,000,000.
133.28 	(d) If only a portion of a county is certified as eligible to receive aid under subdivision 
133.29 	2, the aid otherwise payable to that county under this section must be multiplied by a fraction, 
133.30 	the numerator of which is the buffer protection map miles of the certified watershed districts 
133.31 	contained within the county and the denominator of which is the total buffer protection map 
133.32 	miles of the county.
133.33 	(e) Any aid that would otherwise be paid to a county or portion of a county that is not 
133.34 	certified under subdivision 2 shall be paid to the Board of Water and Soil Resources for 
134.1 	enforcing and implementing the riparian protection and water quality practices under section 
134.2 	103F.48.
134.3 		Subd. 4.Payments. The commissioner of revenue must compute the amount of riparian 
134.4 	protection aid payable to each eligible county and to the Board of Water and Soil Resources 
134.5 	under this section. On or before August 1 each year, the commissioner must certify the 
134.6 	amount to be paid to each county and the Board of Water and Soil Resources in the following 
134.7 	year, except that the payments for 2017 must be certified by July 15, 2017. The commissioner 
134.8 	must pay riparian protection aid to counties and to the Board of Water and Soil Resources 
134.9 	in the same manner and at the same time as aid payments under section 477A.015.

134.10 	EFFECTIVE DATE. This section is effective the day following final enactment and 
134.11 	applies to aids payable in 2017 and thereafter.

134.12 	Sec. 146. Laws 2000, chapter 486, section 4, as amended by Laws 2001, chapter 182, 
134.13 	section 2, is amended to read:
134.14 	Sec. 4. [BOATHOUSE LEASES; SOUDAN UNDERGROUND MINE STATE 
134.15 	PARK.]
 134.16 	(a) In 1965, United States Steel Corporation conveyed land to the state of Minnesota 
134.17 	that was included in the Soudan underground mine state park, with certain lands at Stuntz 
134.18 	Bay subject to leases outstanding for employee boathouse sites.
134.19 	(b) Notwithstanding Minnesota Statutes, sections 85.011, 85.012, subdivision 1, and 
134.20 	86A.05, subdivision 2, upon the expiration of a boathouse lease described under paragraph 
134.21 	(a), the commissioner of natural resources shall offer a new lease to the party in possession 
134.22 	at the time of lease expiration, or, if there has been a miscellaneous lease issued by the 
134.23 	Department of Natural Resources due to expiration of a lease described under paragraph 
134.24 	(a), upon its expiration to the lessee. The new lease shall be issued under the terms and 
134.25 	conditions of Minnesota Statutes, section 92.50, with the following limitations except as 
134.26 	follows:
134.27 	(1) the term of the lease shall be for the lifetime of the party being issued a renewed 
134.28 	lease and, if transferred, for the lifetime of the party to whom the lease is transferred;
134.29 	(2) the new lease shall provide that the lease may be transferred only once and the transfer 
134.30 	must be to a person within the third degree of kindred or first cousin according to civil law; 
134.31 	and
134.32 	(3) the commissioner shall limit the number of lessees per lease to no more than two 
134.33 	persons who have attained legal age; and
135.1 	(4) the lease amount must not exceed 50 percent of the average market rate, based on 
135.2 	comparable private lease rates, as determined once every five years per lease.
135.3 	At the time of the new lease, the commissioner may offer, and after agreement with the 
135.4 	leaseholder, lease equivalent alternative sites to the leaseholder.
135.5 	(c) The commissioner shall not cancel a boathouse lease described under paragraphs (a) 
135.6 	and (b) except for noncompliance with the lease agreement.
135.7 	(d) The commissioner must issue a written receipt to the lessee for each lease payment.
135.8 	(d) By January 15, 2001, the commissioner of natural resources shall report to the senate 
135.9 	and house environment and natural resources policy and finance committees on boathouse 
135.10 	leases in state parks. The report shall include information on:
135.11 	(1) the number of boathouse leases;
135.12 	(2) the number of leases that have forfeited;
135.13 	(3) the expiration dates of the leases;
135.14 	(4) the historical significance of the boathouses;
135.15 	(5) recommendations on the inclusion of the land described in paragraph (d) within the 
135.16 	park boundary; and
135.17 	(6) any other relevant information on the leases.
135.18 	(e) The commissioner of natural resources shall contact U.S.X. Corporation and local 
135.19 	units of government regarding the inclusion of the following lands within Soudan 
135.20 	underground mine state park:
135.21 	(1) all lands located South of Vermillion Lake shoreline in Section 13, Township 62 
135.22 	North, Range 15 West;
135.23 	(2) all lands located South of Vermillion Lake shoreline in the S1/2-SE1/4 of Section 
135.24 	14, Township 62 North, Range 15 West;
135.25 	(3) NE1/4-SE1/4 and E1/2-NE1/4 of Section 22, Township 62 North, Range 15 West;
135.26 	(4) all lands located South of Vermillion Lake shoreline in Section 23, Township 62 
135.27 	North, Range 15 West;
135.28 	(5) all of Section 24, Township 62 North, Range 15 West;
135.29 	(6) all lands North of trunk highway No. 169 located in Section 25, Township 62 North, 
135.30 	Range 15 West;
136.1 	(7) all lands North of trunk highway No. 169 located in Section 26, Township 62 North, 
136.2 	Range 15 West;
136.3 	(8) NE1/4-SE1/4 and SE1/4-NE1/4 of Section 27, Township 62 North, Range 15 West; 
136.4 	and
136.5 	(9) NW1/4 of Section 19, Township 62 North, Range 14 West.

136.6 	EFFECTIVE DATE. This section is effective the day following final enactment and 
136.7 	applies to monthly lease payments made on or after that date.

136.8 	Sec. 147. Laws 2013, chapter 114, article 4, section 105, is amended to read:
136.9 	Sec. 105. RULES; SILICA SAND.
 136.10 	(a) The commissioner of the Pollution Control Agency shallmay adopt rules pertaining 
136.11 	to the control of particulate emissions from silica sand projects. The rulemaking is exempt 
136.12 	from Minnesota Statutes, section 14.125.
136.13 	(b) The commissioner of natural resources shall adopt rules pertaining to the reclamation 
136.14 	of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section 14.125.
136.15 	(c) By January 1, 2014, the Department of Health shall adopt an air quality health-based 
136.16 	value for silica sand.
136.17 	(d) The Environmental Quality Board shall may amend its rules for environmental 
136.18 	review, adopted under Minnesota Statutes, chapter 116D, for silica sand mining and 
136.19 	processing to take into account the increased activity in the state and concerns over the size 
136.20 	of specific operations. The Environmental Quality Board shall consider whether the 
136.21 	requirements of Minnesota Statutes, section 116C.991, should remain part of the 
136.22 	environmental review requirements for silica sand and whether the requirements should be 
136.23 	different for different geographic areas of the state. The rulemaking is exempt from Minnesota 
136.24 	Statutes, section 14.125.

136.25 	Sec. 148. Laws 2015, First Special Session chapter 4, article 4, section 136, is amended 
136.26 	to read:
136.27 	Sec. 136. WILD RICE WATER QUALITY STANDARDS.
 136.28 	(a) Until the commissioner of the Pollution Control Agency amends rules refining the 
136.29 	wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, to consider 
136.30 	all independent research and publicly funded research and to include criteria for identifying 
136.31 	waters and a list of waters subject to the standard, implementation of the wild rice water 
137.1 	quality standard in Minnesota Rules, part 7050.0224, subpart 2, shall be limited to the 
137.2 	following, unless the permittee requests additional conditions:
137.3 	(1) when issuing, modifying, or renewing national pollutant discharge elimination system 
137.4 	(NPDES) or state disposal system (SDS) permits, the agency shall endeavor to protect wild 
137.5 	rice, and in doing so shall be limited by the following conditions:
137.6 	(i) the agency shall not require permittees to expend money for design or implementation 
137.7 	of sulfate treatment technologies or other forms of sulfate mitigation; and
137.8 	(ii) the agency may require sulfate minimization plans in permits; and
137.9 	(2) the agency shall not list waters containing natural beds of wild rice as impaired for 
137.10 	sulfate under section 303(d) of the federal Clean Water Act, United States Code, title 33, 
137.11 	section 1313, until the rulemaking described in this paragraph takes effect.
137.12 	(b) Upon the rule described in paragraph (a) taking effect, the agency may reopen permits 
137.13 	issued or reissued after the effective date of this section as needed to include numeric permit 
137.14 	limits based on the wild rice water quality standard.
137.15 	(c) The commissioner shall complete the rulemaking described in paragraph (a) by 
137.16 	January 15, 2018 2019.

137.17 	Sec. 149. Laws 2016, chapter 189, article 3, section 26, the effective date, is amended to 
137.18 	read:

137.19 	EFFECTIVE DATE. This section is effective May 1, 2017 2018.

137.20 	EFFECTIVE DATE. This section is effective retroactively from April 30, 2017.

137.21 	Sec. 150. Laws 2016, chapter 189, article 3, section 46, is amended to read:
137.22 	Sec. 46. PRESCRIBED BURN REQUIREMENTS; REPORT.
 137.23 	The commissioner of natural resources, in cooperation with prescribed burning 
137.24 	professionals, nongovernmental organizations, and local and federal governments, must 
137.25 	develop criteria for certifying an entity to conduct a prescribed burn under a general an open 
137.26 	burning permit. The certification requirements must include training, equipment, and 
137.27 	experience requirements and include an apprentice program to allow entities without 
137.28 	experience to become certified. The commissioner must establish provisions for decertifying 
137.29 	entities. The commissioner must not require additional certification or requirements for 
137.30 	burns conducted as part of normal agricultural practices not currently subject to prescribed 
137.31 	burn specifications. The commissioner must submit a report with recommendations and 
138.1 	any legislative changes needed to the chairs and ranking minority members of the house of 
138.2 	representatives and senate committees and divisions with jurisdiction over environment and 
138.3 	natural resources by January 15, 2017.

138.4 	Sec. 151. DEMOLITION DEBRIS LANDFILL PERMITTING.
 138.5 	A solid waste permit issued by the Pollution Control Agency to an existing class I 
138.6 	demolition debris landfill facility that is operating under the Pollution Control Agency 
138.7 	Demolition Landfill Guidance, issued August 2005, is extended pursuant to Minnesota 
138.8 	Rules, part 7001.0160, for a period of five years, unless a new permit is issued for the facility 
138.9 	by the Pollution Control Agency after the effective date of this section.

138.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

138.11 	Sec. 152. ENVIRONMENTAL QUALITY BOARD MEMBERSHIP TRANSITION.
 138.12 	(a) Until the governor has appointed members of the Environmental Quality Board from 
138.13 	each congressional district as required under this act, this section governs membership of 
138.14 	the board.
138.15 	(b) The citizen members of the board as of July 1, 2017, shall continue to serve until the 
138.16 	expiration of their terms.
138.17 	(c) No later than October 1, 2017, the governor shall appoint board members from the 
138.18 	first, second, seventh, and eighth congressional districts for terms to begin January 2, 2018.
138.19 	(d) No later than October 1, 2018, the governor shall appoint a board member from the 
138.20 	third congressional district for a term to begin January 8, 2019.
138.21 	(e) No later than October 1, 2019, the governor shall appoint a board member from the 
138.22 	fourth congressional district for a term to begin January 7, 2020.
138.23 	(f) No later than October 1, 2020, the governor shall appoint a board member from the 
138.24 	fifth congressional district for a term to begin January 5, 2021.
138.25 	(g) No later than October 1, 2021, the governor shall appoint a commissioner from the 
138.26 	sixth congressional district for a term to begin January 4, 2022.

138.27 	Sec. 153. SAND DUNES STATE FOREST MANAGEMENT; PLAN REQUIRED.
 138.28 		Subdivision 1.Forest management. When managing the Sand Dunes State Forest, the 
138.29 	commissioner of natural resources must:
139.1 	(1) not convert additional land to oak savanna or convert oak savanna to nonforest land 
139.2 	unless it is done as a result of a contract entered into before the effective date of this section;
139.3 	(2) require all prairie seeds planted to be from native species of a local ecotype to 
139.4 	Sherburne or Benton County; and
139.5 	(3) comply with the Minnesota Forest Resources Council's guidelines for aesthetics in 
139.6 	residential areas.
139.7 		Subd. 2.Prescribed burns; notification. At least 40 days before conducting a prescribed 
139.8 	burn, the commissioner must:
139.9 	(1) publish a notice in a newspaper of general circulation in the area;
139.10 	(2) notify the county and township in writing; and
139.11 	(3) notify residents within a quarter mile of the prescribed burn in writing.
139.12 		Subd. 3.School trust lands. Nothing in this section restricts the ability of the 
139.13 	commissioner or the school trust lands director from managing school trust lands within 
139.14 	the Sand Dunes State Forest for long-term economic return.
139.15 		Subd. 4.Township road. If the commissioner of natural resources finds that any portion 
139.16 	of 233rd Avenue within the Sand Dunes State Forest is not owned by the township, the 
139.17 	commissioner must convey an easement over and across state-owned lands administered 
139.18 	by the commissioner to the township under Minnesota Statutes, section 84.63, for the width 
139.19 	of 233rd Avenue.
139.20 		Subd. 5.Sunset. This section expires two years from the day following final enactment.

139.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

139.22 	Sec. 154. WATER USE PERMIT AND DATA COLLECTION; APPROPRIATION.
 139.23 	(a) Notwithstanding Minnesota Statutes, sections 84.0895 and 103G.223, or other law 
139.24 	to the contrary, the commissioner of natural resources must issue, upon application, a water 
139.25 	use permit for calcareous fens located in Pipestone County. The permittee must agree to 
139.26 	the following permit conditions:
139.27 	(1) the permit is for a term of 15 years, but may be revoked after five years if paragraph 
139.28 	(b) applies;
139.29 	(2) water use under the permit is limited to irrigation of agricultural crops at a rate of 
139.30 	no more than 800 gallons per minute in accordance with an irrigation plan submitted with 
139.31 	the water use permit application;
140.1 	(3) the permittee must pay for the irrigation system installed during the term of the 
140.2 	permit; and
140.3 	(4) installation of the irrigation system must minimize disturbance to the existing plant 
140.4 	community in the calcareous fens. The commissioner must provide technical advice for 
140.5 	installation of the irrigation system.
140.6 	(b) If, at any time after five years of water use, the commissioner determines the 
140.7 	drawdown of water from the fens endangers the continued sustainability of the calcareous 
140.8 	fens, the commissioner may revoke the permit. If the commissioner revokes the permit 
140.9 	before the permit's expiration date, the permittee must be reimbursed for the cost of the 
140.10 	irrigation system, prorated over the full 15-year term of the original permit.
140.11 	(c) The commissioner must monitor the calcareous fens to collect data on the effects of 
140.12 	water use from the fens for the duration of the permit. If the commissioner concludes that, 
140.13 	based on collected data, the calcareous fens remain viable after 15 years of water use, the 
140.14 	commissioner must renew the water use permit for an additional 15 years, free of the 
140.15 	condition imposed under paragraph (a), clause (1).

140.16 	Sec. 155. HILL-ANNEX MINE STATE PARK MANAGEMENT AND OPERATION 
140.17 	PLAN.
 140.18 	(a) The commissioner of natural resources must work with the commissioner of the Iron 
140.19 	Range Resources and Rehabilitation Board and representatives from the city of Calumet, 
140.20 	Itasca County, and the Western Mesabi Mine Planning Board to create an alternate operating 
140.21 	model for local management and operation of Hill-Annex Mine State Park until mining 
140.22 	resumes on the property. The commissioner of natural resources must submit a management 
140.23 	and operation plan to the chairs and ranking minority members of the house of representatives 
140.24 	and senate committees and divisions with jurisdiction over environment and natural resources 
140.25 	by January 15, 2018.
140.26 	(b) In fiscal year 2018 and fiscal year 2019, the level of service and hours of operation 
140.27 	at Hill-Annex Mine State Park must be maintained at fiscal year 2016 levels.

140.28 	Sec. 156. BASE BUDGET REPORT.
 140.29 	(a) The commissioners of natural resources and the Pollution Control Agency must each 
140.30 	submit a report that contains the details of their base budgets, by fiscal year, including:
140.31 	(1) appropriation riders for the previous biennium and the year the rider was first used;
140.32 	(2) anticipated appropriation riders for the fiscal years 2020-2021 biennium;
141.1 	(3) statutory appropriations; and
141.2 	(4) an explanation on the use of funds for each appropriation not covered by a rider.
141.3 	(b) The reports must be submitted to the chairs and ranking minority members of the 
141.4 	house of representatives and senate committees and divisions with jurisdiction over 
141.5 	environment and natural resources by October 15, 2018.

141.6 	Sec. 157. RULEMAKING; MINNOW LICENSES.
 141.7 	The commissioner of natural resources shall amend Minnesota Rules, part 6254.0100, 
141.8 	subpart 2, to conform with Minnesota Statutes, section 97C.501, subdivision 1. The 
141.9 	commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, 
141.10 	subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 
141.11 	14.386, does not apply, except as provided under Minnesota Statutes, section 14.388.

141.12 	Sec. 158. CANCELLATION OF PERMITS.
 141.13 	Water-use permits issued before July 1, 2017, for water use exempted under Minnesota 
141.14 	Statutes, section 103G.271, subdivision 1, paragraph (b), clause (3), are canceled effective 
141.15 	July 1, 2017.

141.16 	Sec. 159. RULEMAKING; EFFLUENT LIMITATION COMPLIANCE.
 141.17 	(a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules, 
141.18 	part 7001.0150, subpart 2, item A, by inserting the following:
141.19 	"For a municipality that constructs a publicly owned treatment works facility to comply 
141.20 	with a new or modified effluent limitation, compliance with any new or modified effluent 
141.21 	limitation adopted after construction begins that would require additional capital investment 
141.22 	is required no sooner than 16 years after the date of initiation of operation of the facility."
141.23 	(b) The commissioner may use the good cause exemption under Minnesota Statutes, 
141.24 	section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota 
141.25 	Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, 
141.26 	section 14.388.

141.27 	Sec. 160. DISPOSITION OF PROCEEDS; ST. LOUIS COUNTY 
141.28 	ENVIRONMENTAL TRUST FUND.
 141.29 	Notwithstanding Minnesota Statutes, chapter 282, and any other law relating to the 
141.30 	disposition of proceeds from the sale of tax-forfeited land, the St. Louis County Board must 
142.1 	deposit any money received from the sale of tax-forfeited land purchased by the Fond du 
142.2 	Lac Band of Lake Superior Chippewa with money appropriated under Laws 2014, chapter 
142.3 	256, article 1, section 2, subdivision 3, paragraph (a), into an environmental trust fund 
142.4 	established by the county. The principal from the sale of the land may not be expended. 
142.5 	The county may spend interest earned on the principal only for purposes related to improving 
142.6 	natural resources.

142.7 	EFFECTIVE DATE; LOCAL APPROVAL. This section is effective the day after 
142.8 	the St. Louis County Board and its chief clerical officer timely complete their compliance 
142.9 	with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

142.10 	Sec. 161. ACTION TO OBTAIN ACCESS PROHIBITED; CLEARWATER 
142.11 	COUNTY.
 142.12 	Before July 1, 2018, the commissioner of natural resources must not initiate a civil action 
142.13 	or otherwise seek to obtain access to land administered by the commissioner via a private 
142.14 	road connected to County Road 27, located in Clearwater County, Township 147, Range 
142.15 	32 or Range 33.

142.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

142.17 	Sec. 162. REVISOR'S INSTRUCTION.
 142.18 	In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall replace all 
142.19 	references to Minnesota Statutes, section 115B.39, subdivision 2, paragraph (l), with 
142.20 	Minnesota Statutes, section 115B.39, subdivision 2, paragraph (n), and shall make all other 
142.21 	necessary changes to preserve the meaning of the text and to conform with the paragraph 
142.22 	relettering in this act.

142.23 	Sec. 163.  REPEALER.
 142.24 	(a) Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5; 
142.25 	97C.701, subdivisions 1a and 6; 97C.705; 97C.711; and 116C.04, subdivisions 3 and 4, are 
142.26 	repealed.
142.27 	(b) Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; 
142.28 	6258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900, are repealed.

APPENDIX 

Repealed Minnesota Statutes: HF0888-4 

84.026 CONTRACTS AND GRANTS FOR PROVIDING NATURAL RESOURCES SERVICES.No active language found for: 84.026.397B.031 USE AND POSSESSION OF FIREARMS.No active language found for: 97B.031.597C.701 TAKING MUSSELS.No active language found for: 97C.701.1aNo active language found for: 97C.701.6No active language found for: 97C.705No active language found for: 97C.711116C.04 POWERS AND DUTIES.No active language found for: 116C.04.3Subd. 4.Task forces. 
The board may establish interdepartmental or citizen task forces or subcommittees to study particular problems.