SF 844

CCR-SF0844 - 90th Legislature (2017 - 2018)

Posted on 05/21/2017 08:06 p.m.

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 844 1.2A bill for an act 1.3relating to environment; providing for certain demolition debris landfill permitting. 1.4May 21, 2017 1.5The Honorable Michelle L. Fischbach 1.6President of the Senate 1.7The Honorable Kurt L. Daudt 1.8Speaker of the House of Representatives 1.9We, the undersigned conferees for S.F. No. 844 report that we have agreed upon the 1.10items in dispute and recommend as follows: 1.11That the House recede from its amendment and that S.F. No. 844 be further amended 1.12as follows: 1.13Delete everything after the enacting clause and insert: 1.14"ARTICLE 1 1.15ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS 1.16 Section 1. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. new text end 1.17     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies new text end 1.18 new text begin and for the purposes specified in this article. The appropriations are from the general fund, new text end 1.19 new text begin or another named fund, and are available for the fiscal years indicated for each purpose. new text end 1.20 new text begin The figures "2018" and "2019" used in this article mean that the appropriations listed under new text end 1.21 new text begin them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively. new text end 1.22 new text begin "The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium" new text end 1.23 new text begin is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are new text end 1.24 new text begin effective the day following final enactment. new text end 1.25 new text begin APPROPRIATIONS new text end 1.26 new text begin Available for the Year new text end 2.1 new text begin Ending June 30 new text end 2.2 new text begin 2018 new text end new text begin 2019 new text end 2.3 Sec. 2. new text begin POLLUTION CONTROL AGENCY new text end 2.4 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 101,821,000 new text end new text begin $ new text end new text begin 100,206,000 new text end 2.5 new text begin Appropriations by Fund new text end 2.6 new text begin 2018 new text end new text begin 2019 new text end 2.7 new text begin General new text end new text begin 6,543,000 new text end new text begin 6,802,000 new text end 2.8 2.9 new text begin State Government new text end new text begin Special Revenue new text end new text begin 75,000 new text end new text begin 75,000 new text end 2.10 new text begin Environmental new text end new text begin 78,984,000 new text end new text begin 79,892,000 new text end 2.11 new text begin Remediation new text end new text begin 13,219,000 new text end new text begin 13,437,000 new text end 2.12 2.13 new text begin Closed Landfill new text end new text begin Investment new text end new text begin 3,000,000 new text end new text begin -0- new text end 2.14 new text begin The amounts that may be spent for each new text end 2.15 new text begin purpose are specified in the following new text end 2.16 new text begin subdivisions. new text end 2.17 new text begin The commissioner must present the agency's new text end 2.18 new text begin biennial budget for fiscal years 2020 and 2021 new text end 2.19 new text begin to the legislature in a transparent way by new text end 2.20 new text begin agency division, including the proposed new text end 2.21 new text begin budget bill and presentations of the budget to new text end 2.22 new text begin committees and divisions with jurisdiction new text end 2.23 new text begin over the agency's budget. new text end 2.24 new text begin Subd. 2. new text end new text begin Environmental Analysis and Outcomes new text end new text begin 12,577,000 new text end new text begin 12,558,000 new text end 2.25 new text begin Appropriations by Fund new text end 2.26 new text begin 2018 new text end new text begin 2019 new text end 2.27 new text begin Environmental new text end new text begin 12,308,000 new text end new text begin 12,289,000 new text end 2.28 new text begin Remediation new text end new text begin 181,000 new text end new text begin 181,000 new text end 2.29 new text begin General new text end new text begin 88,000 new text end new text begin 88,000 new text end 2.30 new text begin (a) $88,000 the first year and $88,000 the new text end 2.31 new text begin second year are from the general fund for: new text end 2.32 new text begin (1) a municipal liaison to assist municipalities new text end 2.33 new text begin in implementing and participating in the new text end 2.34 new text begin water-quality standards rulemaking process new text end 3.1 new text begin and navigating the NPDES/SDS permitting new text end 3.2 new text begin process; new text end 3.3 new text begin (2) enhanced economic analysis in the new text end 3.4 new text begin water-quality standards rulemaking process, new text end 3.5 new text begin including more-specific analysis and new text end 3.6 new text begin identification of cost-effective permitting; new text end 3.7 new text begin (3) developing statewide economic analyses new text end 3.8 new text begin and templates to reduce the amount of new text end 3.9 new text begin information and time required for new text end 3.10 new text begin municipalities to apply for variances from new text end 3.11 new text begin water-quality standards; and new text end 3.12 new text begin (4) coordinating with the Public Facilities new text end 3.13 new text begin Authority to identify and advocate for the new text end 3.14 new text begin resources needed for municipalities to achieve new text end 3.15 new text begin permit requirements. new text end 3.16 new text begin (b) $204,000 the first year and $204,000 the new text end 3.17 new text begin second year are from the environmental fund new text end 3.18 new text begin for a monitoring program under Minnesota new text end 3.19 new text begin Statutes, section 116.454. new text end 3.20 new text begin (c) $346,000 the first year and $346,000 the new text end 3.21 new text begin second year are from the environmental fund new text end 3.22 new text begin for monitoring ambient air for hazardous new text end 3.23 new text begin pollutants. new text end 3.24 new text begin (d) $90,000 the first year and $90,000 the new text end 3.25 new text begin second year are from the environmental fund new text end 3.26 new text begin for duties related to harmful chemicals in new text end 3.27 new text begin children's products under Minnesota Statutes, new text end 3.28 new text begin sections 116.9401 to 116.9407. Of this new text end 3.29 new text begin amount, $57,000 each year is transferred to new text end 3.30 new text begin the commissioner of health. new text end 3.31 new text begin (e) $109,000 the first year and $109,000 the new text end 3.32 new text begin second year are from the environmental fund new text end 3.33 new text begin for registration of wastewater laboratories. new text end 4.1 new text begin (f) $913,000 the first year and $913,000 the new text end 4.2 new text begin second year are from the environmental fund new text end 4.3 new text begin to continue perfluorochemical biomonitoring new text end 4.4 new text begin in eastern-metropolitan communities, as new text end 4.5 new text begin recommended by the Environmental Health new text end 4.6 new text begin Tracking and Biomonitoring Advisory Panel, new text end 4.7 new text begin and address other environmental health risks, new text end 4.8 new text begin including air quality. The communities must new text end 4.9 new text begin include Hmong and other immigrant farming new text end 4.10 new text begin communities. Of this amount, up to $677,000 new text end 4.11 new text begin the first year and $677,000 the second year new text end 4.12 new text begin are for transfer to the Department of Health. new text end 4.13 new text begin (g) $100,000 the first year and $50,000 the new text end 4.14 new text begin second year are from the environmental fund new text end 4.15 new text begin for impaired waters listing procedures required new text end 4.16 new text begin under this act. new text end 4.17 new text begin Subd. 3. new text end new text begin Industrial new text end new text begin 14,079,000 new text end new text begin 14,200,000 new text end 4.18 new text begin Appropriations by Fund new text end 4.19 new text begin 2018 new text end new text begin 2019 new text end 4.20 new text begin Environmental new text end new text begin 13,099,000 new text end new text begin 13,220,000 new text end 4.21 new text begin Remediation new text end new text begin 980,000 new text end new text begin 980,000 new text end 4.22 new text begin $980,000 the first year and $980,000 the new text end 4.23 new text begin second year are from the remediation fund for new text end 4.24 new text begin the leaking underground storage tank program new text end 4.25 new text begin to investigate, clean up, and prevent future new text end 4.26 new text begin releases from underground petroleum storage new text end 4.27 new text begin tanks and to the petroleum remediation new text end 4.28 new text begin program for vapor assessment and new text end 4.29 new text begin remediation. These same annual amounts are new text end 4.30 new text begin transferred from the petroleum tank fund to new text end 4.31 new text begin the remediation fund. new text end 4.32 new text begin Subd. 4. new text end new text begin Municipal new text end new text begin 6,625,000 new text end new text begin 6,624,000 new text end 4.33 new text begin Appropriations by Fund new text end 4.34 new text begin 2018 new text end new text begin 2019 new text end 4.35 new text begin General new text end new text begin 162,000 new text end new text begin 162,000 new text end 5.1 new text begin Environmental new text end new text begin 6,463,000 new text end new text begin 6,462,000 new text end 5.2 new text begin (a) $162,000 the first year and $162,000 the new text end 5.3 new text begin second year are from the general fund for: new text end 5.4 new text begin (1) a municipal liaison to assist municipalities new text end 5.5 new text begin in implementing and participating in the new text end 5.6 new text begin water-quality standards rulemaking process new text end 5.7 new text begin and navigating the NPDES/SDS permitting new text end 5.8 new text begin process; new text end 5.9 new text begin (2) enhanced economic analysis in the new text end 5.10 new text begin water-quality standards rulemaking process, new text end 5.11 new text begin including more specific analysis and new text end 5.12 new text begin identification of cost-effective permitting; new text end 5.13 new text begin (3) development of statewide economic new text end 5.14 new text begin analyses and templates to reduce the amount new text end 5.15 new text begin of information and time required for new text end 5.16 new text begin municipalities to apply for variances from new text end 5.17 new text begin water quality standards; and new text end 5.18 new text begin (4) coordinating with the Public Facilities new text end 5.19 new text begin Authority to identify and advocate for the new text end 5.20 new text begin resources needed for municipalities to achieve new text end 5.21 new text begin permit requirements. new text end 5.22 new text begin (b) $50,000 the first year and $50,000 the new text end 5.23 new text begin second year are from the environmental fund new text end 5.24 new text begin for transfer to the Office of Administrative new text end 5.25 new text begin Hearings to establish sanitary districts. new text end 5.26 new text begin (c) $615,000 the first year and $614,000 the new text end 5.27 new text begin second year are from the environmental fund new text end 5.28 new text begin for subsurface sewage treatment system new text end 5.29 new text begin (SSTS) program administration and new text end 5.30 new text begin community technical assistance and education, new text end 5.31 new text begin including grants and technical assistance to new text end 5.32 new text begin communities for water-quality protection. Of new text end 5.33 new text begin this amount, $129,000 each year is for new text end 5.34 new text begin assistance to counties through grants for SSTS new text end 6.1 new text begin program administration. A county receiving new text end 6.2 new text begin a grant from this appropriation must submit new text end 6.3 new text begin the results achieved with the grant to the new text end 6.4 new text begin commissioner as part of its annual SSTS new text end 6.5 new text begin report. Any unexpended balance in the first new text end 6.6 new text begin year does not cancel but is available in the new text end 6.7 new text begin second year. new text end 6.8 new text begin (d) $639,000 the first year and $640,000 the new text end 6.9 new text begin second year are from the environmental fund new text end 6.10 new text begin to address the need for continued increased new text end 6.11 new text begin activity in the areas of new technology review, new text end 6.12 new text begin technical assistance for local governments, new text end 6.13 new text begin and enforcement under Minnesota Statutes, new text end 6.14 new text begin sections 115.55 to 115.58, and to complete the new text end 6.15 new text begin requirements of Laws 2003, chapter 128, new text end 6.16 new text begin article 1, section 165. new text end 6.17 new text begin (e) Notwithstanding Minnesota Statutes, new text end 6.18 new text begin section 16A.28, the appropriations new text end 6.19 new text begin encumbered on or before June 30, 2019, as new text end 6.20 new text begin grants or contracts for subsurface sewage new text end 6.21 new text begin treatment systems, surface water and new text end 6.22 new text begin groundwater assessments, storm water, and new text end 6.23 new text begin water-quality protection in this subdivision new text end 6.24 new text begin are available until June 30, 2022. new text end 6.25 new text begin Subd. 5. new text end new text begin Operations new text end new text begin 9,769,000 new text end new text begin 11,052,000 new text end 6.26 new text begin Appropriations by Fund new text end 6.27 new text begin 2018 new text end new text begin 2019 new text end 6.28 new text begin Environmental new text end new text begin 6,349,000 new text end new text begin 7,154,000 new text end 6.29 new text begin Remediation new text end new text begin 1,074,000 new text end new text begin 1,293,000 new text end 6.30 new text begin General new text end new text begin 2,346,000 new text end new text begin 2,605,000 new text end 6.31 new text begin (a) $174,000 the first year and $174,000 the new text end 6.32 new text begin second year are from the remediation fund for new text end 6.33 new text begin purposes of the leaking underground storage new text end 6.34 new text begin tank program to investigate, clean up, and new text end 6.35 new text begin prevent future releases from underground new text end 7.1 new text begin petroleum storage tanks, and to the petroleum new text end 7.2 new text begin remediation program for vapor assessment new text end 7.3 new text begin and remediation. These same annual amounts new text end 7.4 new text begin are transferred from the petroleum tank fund new text end 7.5 new text begin to the remediation fund. new text end 7.6 new text begin (b) $400,000 the first year and $400,000 the new text end 7.7 new text begin second year are from the environmental fund new text end 7.8 new text begin to develop and maintain systems to support new text end 7.9 new text begin permitting and regulatory business processes new text end 7.10 new text begin and agency data. This is a onetime new text end 7.11 new text begin appropriation. new text end 7.12 new text begin (c) $300,000 the first year is from the new text end 7.13 new text begin environmental fund for a grant to the new text end 7.14 new text begin Metropolitan Council under Minnesota new text end 7.15 new text begin Statutes, section 116.195, for wastewater new text end 7.16 new text begin infrastructure to support waste to biofuel new text end 7.17 new text begin development. This is a onetime appropriation new text end 7.18 new text begin and is available until June 30, 2019. new text end 7.19 new text begin (d) $2,346,000 the first year and $2,605,000 new text end 7.20 new text begin the second year are from the general fund for new text end 7.21 new text begin agency operating adjustments. The new text end 7.22 new text begin commissioner shall make necessary new text end 7.23 new text begin adjustments to program appropriations in this new text end 7.24 new text begin article to distribute these funds. The new text end 7.25 new text begin commissioner may transfer an amount of this new text end 7.26 new text begin appropriation to the remediation fund. By new text end 7.27 new text begin September 1, 2017, the commissioner shall new text end 7.28 new text begin report to the chairs of the legislative new text end 7.29 new text begin committees with jurisdiction over environment new text end 7.30 new text begin and natural resources finance the distribution new text end 7.31 new text begin of funds and resulting base-level new text end 7.32 new text begin appropriations for each program. new text end 7.33 new text begin (e) $1,774,000 the first year and $2,879,000 new text end 7.34 new text begin the second year are from the environmental new text end 7.35 new text begin fund for agency operating adjustments. The new text end 8.1 new text begin commissioner shall make necessary new text end 8.2 new text begin adjustments to program appropriations in this new text end 8.3 new text begin article to distribute these funds. By September new text end 8.4 new text begin 1, 2017, the commissioner shall report to the new text end 8.5 new text begin chairs of the legislative committees with new text end 8.6 new text begin jurisdiction over environment and natural new text end 8.7 new text begin resources finance the distribution of funds and new text end 8.8 new text begin resulting base-level appropriations for each new text end 8.9 new text begin program. new text end 8.10 new text begin (f) $310,000 the first year and $528,000 the new text end 8.11 new text begin second year are from the remediation fund for new text end 8.12 new text begin agency operating adjustments. The new text end 8.13 new text begin commissioner shall make necessary new text end 8.14 new text begin adjustments to program appropriations in this new text end 8.15 new text begin article to distribute these funds. By September new text end 8.16 new text begin 1, 2017, the commissioner shall report to the new text end 8.17 new text begin chairs of the legislative committees with new text end 8.18 new text begin jurisdiction over environment and natural new text end 8.19 new text begin resources finance the distribution of funds and new text end 8.20 new text begin resulting base-level appropriations for each new text end 8.21 new text begin program. If any amount under this paragraph new text end 8.22 new text begin is allocated for the leaking underground new text end 8.23 new text begin storage-tank program, the same amount is new text end 8.24 new text begin transferred from the petroleum tank fund to new text end 8.25 new text begin the remediation fund. new text end 8.26 new text begin Subd. 6. new text end new text begin Remediation new text end new text begin 14,670,000 new text end new text begin 11,669,000 new text end 8.27 new text begin Appropriations by Fund new text end 8.28 new text begin 2018 new text end new text begin 2019 new text end 8.29 new text begin Environmental new text end new text begin 688,000 new text end new text begin 688,000 new text end 8.30 new text begin Remediation new text end new text begin new text end new text begin 10,766,000 new text end new text begin new text end new text begin 10,765,000 new text end 8.31 8.32 new text begin Closed Landfill new text end new text begin Investment new text end new text begin 3,000,000 new text end new text begin -0- new text end 8.33 new text begin General new text end new text begin 216,000 new text end new text begin 216,000 new text end 8.34 new text begin (a) All money for environmental response, new text end 8.35 new text begin compensation, and compliance in the new text end 8.36 new text begin remediation fund not otherwise appropriated new text end 9.1 new text begin is appropriated to the commissioners of the new text end 9.2 new text begin Pollution Control Agency and agriculture for new text end 9.3 new text begin purposes of Minnesota Statutes, section new text end 9.4 new text begin 115B.20, subdivision 2, clauses (1), (2), (3), new text end 9.5 new text begin (6), and (7). At the beginning of each fiscal new text end 9.6 new text begin year, the two commissioners shall jointly new text end 9.7 new text begin submit an annual spending plan to the new text end 9.8 new text begin commissioner of management and budget that new text end 9.9 new text begin maximizes the use of resources and new text end 9.10 new text begin appropriately allocates the money between the new text end 9.11 new text begin two departments. This appropriation is new text end 9.12 new text begin available until June 30, 2019. new text end 9.13 new text begin (b) $216,000 the first year and $216,000 the new text end 9.14 new text begin second year are from the general fund and new text end 9.15 new text begin $216,000 the first year and $216,000 the new text end 9.16 new text begin second year are from the environmental fund new text end 9.17 new text begin to manage contaminated sediment projects at new text end 9.18 new text begin multiple sites identified in the St. Louis River new text end 9.19 new text begin remedial action plan to restore water quality new text end 9.20 new text begin in the St. Louis River area of concern. This new text end 9.21 new text begin amount is added to the base for fiscal year new text end 9.22 new text begin 2020 only. new text end 9.23 new text begin (c) $3,871,000 the first year and $3,870,000 new text end 9.24 new text begin the second year are from the remediation fund new text end 9.25 new text begin for purposes of the leaking underground new text end 9.26 new text begin storage tank program to investigate, clean up, new text end 9.27 new text begin and prevent future releases from underground new text end 9.28 new text begin petroleum storage tanks, and to the petroleum new text end 9.29 new text begin remediation program for purposes of vapor new text end 9.30 new text begin assessment and remediation. These same new text end 9.31 new text begin annual amounts are transferred from the new text end 9.32 new text begin petroleum tank fund to the remediation fund. new text end 9.33 new text begin (d) $252,000 the first year and $252,000 the new text end 9.34 new text begin second year are from the remediation fund for new text end 9.35 new text begin transfer to the commissioner of health for new text end 10.1 new text begin private water-supply monitoring and health new text end 10.2 new text begin assessment costs in areas contaminated by new text end 10.3 new text begin unpermitted mixed municipal solid waste new text end 10.4 new text begin disposal facilities and drinking water new text end 10.5 new text begin advisories and public information activities new text end 10.6 new text begin for areas contaminated by hazardous releases. new text end 10.7 new text begin (e) Notwithstanding Minnesota Statutes, new text end 10.8 new text begin section 115B.421, $3,000,000 the first year is new text end 10.9 new text begin from the closed landfill investment fund for new text end 10.10 new text begin settling obligations with the federal new text end 10.11 new text begin government, remedial investigations, new text end 10.12 new text begin feasibility studies, engineering, and new text end 10.13 new text begin cleanup-related activities for purposes of new text end 10.14 new text begin environmental response actions at a priority new text end 10.15 new text begin qualified facility under Minnesota Statutes, new text end 10.16 new text begin sections 115B.406 and 115B.407. By January new text end 10.17 new text begin 15, 2018, the commissioner must submit a new text end 10.18 new text begin status report to the chairs and ranking minority new text end 10.19 new text begin members of the house of representatives and new text end 10.20 new text begin senate committees and divisions with new text end 10.21 new text begin jurisdiction over the environment and natural new text end 10.22 new text begin resources. This is a onetime appropriation and new text end 10.23 new text begin is available until June 30, 2019. new text end 10.24 new text begin Subd. 7. new text end new text begin Resource Management and Assistance new text end new text begin 33,617,000 new text end new text begin 33,619,000 new text end 10.25 new text begin Appropriations by Fund new text end 10.26 new text begin 2018 new text end new text begin 2019 new text end 10.27 new text begin General new text end new text begin 700,000 new text end new text begin 700,000 new text end 10.28 10.29 new text begin State Government new text end new text begin Special Revenue new text end new text begin 75,000 new text end new text begin 75,000 new text end 10.30 new text begin Environmental new text end new text begin 32,842,000 new text end new text begin 32,844,000 new text end 10.31 new text begin (a) Up to $150,000 the first year and $150,000 new text end 10.32 new text begin the second year may be transferred from the new text end 10.33 new text begin environmental fund to the small business new text end 10.34 new text begin environmental improvement loan account new text end 10.35 new text begin established in Minnesota Statutes, section new text end 10.36 new text begin 116.993. new text end 11.1 new text begin (b) $1,000,000 the first year and $1,000,000 new text end 11.2 new text begin the second year are for competitive recycling new text end 11.3 new text begin grants under Minnesota Statutes, section new text end 11.4 new text begin 115A.565. Of this amount $700,000 each year new text end 11.5 new text begin is from the general fund, and $300,000 each new text end 11.6 new text begin year is from the environmental fund. This new text end 11.7 new text begin appropriation is available until June 30, 2021. new text end 11.8 new text begin Any unencumbered grant and loan balances new text end 11.9 new text begin in the first year do not cancel but are available new text end 11.10 new text begin for grants and loans in the second year. new text end 11.11 new text begin (c) $693,000 the first year and $693,000 the new text end 11.12 new text begin second year are from the environmental fund new text end 11.13 new text begin for emission reduction activities and grants to new text end 11.14 new text begin small businesses and other nonpoint emission new text end 11.15 new text begin reduction efforts. Of this amount, $100,000 new text end 11.16 new text begin the first year and $100,000 the second year new text end 11.17 new text begin are to continue work with Clean Air new text end 11.18 new text begin Minnesota, and the commissioner may enter new text end 11.19 new text begin into an agreement with Environmental new text end 11.20 new text begin Initiative to support this effort. Any new text end 11.21 new text begin unencumbered grant and loan balances in the new text end 11.22 new text begin first year do not cancel but are available for new text end 11.23 new text begin grants and loans in the second year. new text end 11.24 new text begin (d) $17,250,000 the first year and $17,250,000 new text end 11.25 new text begin the second year are from the environmental new text end 11.26 new text begin fund for SCORE block grants to counties. new text end 11.27 new text begin (e) $119,000 the first year and $119,000 the new text end 11.28 new text begin second year are from the environmental fund new text end 11.29 new text begin for environmental assistance grants or loans new text end 11.30 new text begin under Minnesota Statutes, section 115A.0716. new text end 11.31 new text begin Any unencumbered grant and loan balances new text end 11.32 new text begin in the first year do not cancel but are available new text end 11.33 new text begin for grants and loans in the second year. new text end 11.34 new text begin (f) $68,000 the first year and $69,000 the new text end 11.35 new text begin second year are from the environmental fund new text end 12.1 new text begin for subsurface sewage treatment system new text end 12.2 new text begin (SSTS) program administration and new text end 12.3 new text begin community technical assistance and education, new text end 12.4 new text begin including grants and technical assistance to new text end 12.5 new text begin communities for water-quality protection. new text end 12.6 new text begin (g) $125,000 the first year and $126,000 the new text end 12.7 new text begin second year are from the environmental fund new text end 12.8 new text begin to address the need for continued increased new text end 12.9 new text begin activity in the areas of new technology review, new text end 12.10 new text begin technical assistance for local governments, new text end 12.11 new text begin and enforcement under Minnesota Statutes, new text end 12.12 new text begin sections 115.55 to 115.58, and to complete the new text end 12.13 new text begin requirements of Laws 2003, chapter 128, new text end 12.14 new text begin article 1, section 165. new text end 12.15 new text begin (h) All money deposited in the environmental new text end 12.16 new text begin fund for the metropolitan solid waste landfill new text end 12.17 new text begin fee in accordance with Minnesota Statutes, new text end 12.18 new text begin section 473.843, and not otherwise new text end 12.19 new text begin appropriated, is appropriated for the purposes new text end 12.20 new text begin of Minnesota Statutes, section 473.844. new text end 12.21 new text begin (i) Notwithstanding Minnesota Statutes, new text end 12.22 new text begin section 16A.28, the appropriations new text end 12.23 new text begin encumbered on or before June 30, 2019, as new text end 12.24 new text begin contracts or grants for environmental new text end 12.25 new text begin assistance awarded under Minnesota Statutes, new text end 12.26 new text begin section 115A.0716; technical and research new text end 12.27 new text begin assistance under Minnesota Statutes, section new text end 12.28 new text begin 115A.152; technical assistance under new text end 12.29 new text begin Minnesota Statutes, section 115A.52; and new text end 12.30 new text begin pollution prevention assistance under new text end 12.31 new text begin Minnesota Statutes, section 115D.04, are new text end 12.32 new text begin available until June 30, 2021. new text end 12.33 new text begin Subd. 8. new text end new text begin Watershed new text end new text begin new text end new text begin 9,220,000 new text end new text begin 9,220,000 new text end 12.34 new text begin Appropriations by Fund new text end 12.35 new text begin 2018 new text end new text begin 2019 new text end 13.1 new text begin Environmental new text end new text begin 7,043,000 new text end new text begin 7,043,000 new text end 13.2 new text begin Remediation new text end new text begin 218,000 new text end new text begin 218,000 new text end 13.3 new text begin General new text end new text begin 1,959,000 new text end new text begin 1,959,000 new text end 13.4 new text begin (a) $1,959,000 the first year and $1,959,000 new text end 13.5 new text begin the second year are from the general fund for new text end 13.6 new text begin grants to delegated counties to administer the new text end 13.7 new text begin county feedlot program under Minnesota new text end 13.8 new text begin Statutes, section 116.0711, subdivisions 2 and new text end 13.9 new text begin 3. Money remaining after the first year is new text end 13.10 new text begin available for the second year. new text end 13.11 new text begin (b) $207,000 the first year and $207,000 the new text end 13.12 new text begin second year are from the environmental fund new text end 13.13 new text begin for the costs of implementing general new text end 13.14 new text begin operating permits for feedlots over 1,000 new text end 13.15 new text begin animal units. new text end 13.16 new text begin (c) $118,000 the first year and $118,000 the new text end 13.17 new text begin second year are from the remediation fund for new text end 13.18 new text begin purposes of the leaking underground storage new text end 13.19 new text begin tank program to investigate, clean up, and new text end 13.20 new text begin prevent future releases from underground new text end 13.21 new text begin petroleum storage tanks, and to the petroleum new text end 13.22 new text begin remediation program for vapor assessment new text end 13.23 new text begin and remediation. These same annual amounts new text end 13.24 new text begin are transferred from the petroleum tank fund new text end 13.25 new text begin to the remediation fund. new text end 13.26 new text begin Subd. 9. new text end new text begin Environmental Quality Board new text end new text begin 1,264,000 new text end new text begin 1,264,000 new text end 13.27 new text begin Appropriations by Fund new text end 13.28 new text begin 2018 new text end new text begin 2019 new text end 13.29 new text begin General new text end new text begin 1,072,000 new text end new text begin 1,072,000 new text end 13.30 new text begin Environmental new text end new text begin 192,000 new text end new text begin 192,000 new text end 13.31 new text begin Subd. 10. new text end new text begin Transfers new text end 13.32 new text begin The commissioner shall transfer up to new text end 13.33 new text begin $44,000,000 from the environmental fund to new text end 13.34 new text begin the remediation fund for the purposes of the new text end 14.1 new text begin remediation fund under Minnesota Statutes, new text end 14.2 new text begin section 116.155, subdivision 2. new text end 14.3 Sec. 3. new text begin NATURAL RESOURCES new text end 14.4 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 283,249,000 new text end new text begin $ new text end new text begin 286,475,000 new text end 14.5 new text begin Appropriations by Fund new text end 14.6 new text begin 2018 new text end new text begin 2019 new text end 14.7 new text begin General new text end new text begin 86,508,000 new text end new text begin 84,699,000 new text end 14.8 new text begin Natural Resources new text end new text begin 94,744,000 new text end new text begin 97,773,000 new text end 14.9 new text begin Game and Fish new text end new text begin 101,689,000 new text end new text begin 103,688,000 new text end 14.10 new text begin Remediation new text end new text begin 102,000 new text end new text begin 103,000 new text end 14.11 new text begin Permanent School new text end new text begin 206,000 new text end new text begin 212,000 new text end 14.12 new text begin The amounts that may be spent for each new text end 14.13 new text begin purpose are specified in the following new text end 14.14 new text begin subdivisions. new text end 14.15 14.16 new text begin Subd. 2. new text end new text begin Land and Mineral Resources new text end new text begin Management new text end new text begin 5,652,000 new text end new text begin 5,658,000 new text end 14.17 new text begin Appropriations by Fund new text end 14.18 new text begin 2018 new text end new text begin 2019 new text end 14.19 new text begin General new text end new text begin 1,710,000 new text end new text begin 1,710,000 new text end 14.20 new text begin Natural Resources new text end new text begin 3,392,000 new text end new text begin 3,392,000 new text end 14.21 new text begin Game and Fish new text end new text begin 344,000 new text end new text begin 344,000 new text end 14.22 new text begin Permanent School new text end new text begin 206,000 new text end new text begin 212,000 new text end 14.23 new text begin (a) $319,000 the first year and $319,000 the new text end 14.24 new text begin second year are for environmental research new text end 14.25 new text begin relating to mine permitting, of which $200,000 new text end 14.26 new text begin each year is from the minerals management new text end 14.27 new text begin account and $119,000 each year is from the new text end 14.28 new text begin general fund. new text end 14.29 new text begin (b) $2,815,000 the first year and $2,815,000 new text end 14.30 new text begin the second year are from the minerals new text end 14.31 new text begin management account in the natural resources new text end 14.32 new text begin fund for use as provided in Minnesota Statutes, new text end 14.33 new text begin section 93.2236, paragraph (c), for mineral new text end 14.34 new text begin resource management, projects to enhance new text end 15.1 new text begin future mineral income, and projects to promote new text end 15.2 new text begin new mineral resource opportunities. new text end 15.3 new text begin (c) $206,000 the first year and $212,000 the new text end 15.4 new text begin second year are from the state forest suspense new text end 15.5 new text begin account in the permanent school fund to secure new text end 15.6 new text begin maximum long-term economic return from new text end 15.7 new text begin the school trust lands consistent with fiduciary new text end 15.8 new text begin responsibilities and sound natural resources new text end 15.9 new text begin conservation and management principles. new text end 15.10 new text begin (d) $125,000 the first year and $125,000 the new text end 15.11 new text begin second year are for conservation easement new text end 15.12 new text begin stewardship. new text end 15.13 new text begin Subd. 3. new text end new text begin Ecological and Water Resources new text end new text begin 32,740,000 new text end new text begin 32,629,000 new text end 15.14 new text begin Appropriations by Fund new text end 15.15 new text begin 2018 new text end new text begin 2019 new text end 15.16 new text begin General new text end new text begin 17,213,000 new text end new text begin 17,046,000 new text end 15.17 new text begin Natural Resources new text end new text begin 10,576,000 new text end new text begin 10,576,000 new text end 15.18 new text begin Game and Fish new text end new text begin 4,951,000 new text end new text begin 5,007,000 new text end 15.19 new text begin (a) $3,242,000 the first year and $3,242,000 new text end 15.20 new text begin the second year are from the invasive species new text end 15.21 new text begin account in the natural resources fund and new text end 15.22 new text begin $3,206,000 the first year and $3,206,000 the new text end 15.23 new text begin second year are from the general fund for new text end 15.24 new text begin management, public awareness, assessment new text end 15.25 new text begin and monitoring research, and water access new text end 15.26 new text begin inspection to prevent the spread of invasive new text end 15.27 new text begin species; management of invasive plants in new text end 15.28 new text begin public waters; and management of terrestrial new text end 15.29 new text begin invasive species on state-administered lands. new text end 15.30 new text begin (b) $5,000,000 the first year and $5,000,000 new text end 15.31 new text begin the second year are from the water new text end 15.32 new text begin management account in the natural resources new text end 15.33 new text begin fund for only the purposes specified in new text end 15.34 new text begin Minnesota Statutes, section 103G.27, new text end 15.35 new text begin subdivision 2. new text end 16.1 new text begin (c) $124,000 the first year and $124,000 the new text end 16.2 new text begin second year are for a grant to the Mississippi new text end 16.3 new text begin Headwaters Board for up to 50 percent of the new text end 16.4 new text begin cost of implementing the comprehensive plan new text end 16.5 new text begin for the upper Mississippi within areas under new text end 16.6 new text begin the board's jurisdiction. new text end 16.7 new text begin (d) $10,000 the first year and $10,000 the new text end 16.8 new text begin second year are for payment to the Leech Lake new text end 16.9 new text begin Band of Chippewa Indians to implement the new text end 16.10 new text begin band's portion of the comprehensive plan for new text end 16.11 new text begin the upper Mississippi. new text end 16.12 new text begin (e) $264,000 the first year and $264,000 the new text end 16.13 new text begin second year are for grants for up to 50 percent new text end 16.14 new text begin of the cost of implementation of the Red River new text end 16.15 new text begin mediation agreement. new text end 16.16 new text begin (f) $2,078,000 the first year and $2,134,000 new text end 16.17 new text begin the second year are from the heritage new text end 16.18 new text begin enhancement account in the game and fish new text end 16.19 new text begin fund for only the purposes specified in new text end 16.20 new text begin Minnesota Statutes, section 297A.94, new text end 16.21 new text begin paragraph (e), clause (1). new text end 16.22 new text begin (g) $950,000 the first year and $950,000 the new text end 16.23 new text begin second year are from the nongame wildlife new text end 16.24 new text begin management account in the natural resources new text end 16.25 new text begin fund for the purpose of nongame wildlife new text end 16.26 new text begin management. Notwithstanding Minnesota new text end 16.27 new text begin Statutes, section 290.431, $100,000 the first new text end 16.28 new text begin year and $100,000 the second year may be new text end 16.29 new text begin used for nongame wildlife information, new text end 16.30 new text begin education, and promotion. new text end 16.31 new text begin (h) Notwithstanding Minnesota Statutes, new text end 16.32 new text begin section 84.943, $13,000 the first year and new text end 16.33 new text begin $13,000 the second year from the critical new text end 16.34 new text begin habitat private sector matching account may new text end 17.1 new text begin be used to publicize the critical habitat license new text end 17.2 new text begin plate match program. new text end 17.3 new text begin (i) $6,000,000 the first year and $6,000,000 new text end 17.4 new text begin the second year are from the general fund for new text end 17.5 new text begin the following activities: new text end 17.6 new text begin (1) financial reimbursement and technical new text end 17.7 new text begin support to soil and water conservation districts new text end 17.8 new text begin or other local units of government for new text end 17.9 new text begin groundwater level monitoring; new text end 17.10 new text begin (2) surface water monitoring and analysis, new text end 17.11 new text begin including installation of monitoring gauges; new text end 17.12 new text begin (3) groundwater analysis to assist with water new text end 17.13 new text begin appropriation permitting decisions; new text end 17.14 new text begin (4) permit application review incorporating new text end 17.15 new text begin surface water and groundwater technical new text end 17.16 new text begin analysis; new text end 17.17 new text begin (5) precipitation data and analysis to improve new text end 17.18 new text begin the use of irrigation; new text end 17.19 new text begin (6) information technology, including new text end 17.20 new text begin electronic permitting and integrated data new text end 17.21 new text begin systems; and new text end 17.22 new text begin (7) compliance and monitoring. new text end 17.23 new text begin (j) $167,000 the first year is for a grant to the new text end 17.24 new text begin Koronis Lake Association for purposes of new text end 17.25 new text begin removing and preventing aquatic invasive new text end 17.26 new text begin species. This is a onetime appropriation and new text end 17.27 new text begin is available until June 30, 2022. new text end 17.28 new text begin (k) $410,000 the first year and $410,000 the new text end 17.29 new text begin second year are from the heritage enhancement new text end 17.30 new text begin account in the game and fish fund for grants new text end 17.31 new text begin to the Minnesota Aquatic Invasive Species new text end 17.32 new text begin Research Center at the University of new text end 17.33 new text begin Minnesota to prioritize, support, and develop new text end 18.1 new text begin research-based solutions that can reduce the new text end 18.2 new text begin effects of aquatic invasive species in new text end 18.3 new text begin Minnesota by preventing spread, controlling new text end 18.4 new text begin populations, and managing ecosystems and to new text end 18.5 new text begin advance knowledge to inspire action by others. new text end 18.6 new text begin Subd. 4. new text end new text begin Forest Management new text end new text begin 47,185,000 new text end new text begin 45,981,000 new text end 18.7 new text begin Appropriations by Fund new text end 18.8 new text begin 2018 new text end new text begin 2019 new text end 18.9 new text begin General new text end new text begin 31,719,000 new text end new text begin 30,481,000 new text end 18.10 new text begin Natural Resources new text end new text begin 14,144,000 new text end new text begin 14,144,000 new text end 18.11 new text begin Game and Fish new text end new text begin 1,322,000 new text end new text begin 1,356,000 new text end 18.12 new text begin (a) $7,145,000 the first year and $7,145,000 new text end 18.13 new text begin the second year are for prevention, new text end 18.14 new text begin presuppression, and suppression costs of new text end 18.15 new text begin emergency firefighting and other costs new text end 18.16 new text begin incurred under Minnesota Statutes, section new text end 18.17 new text begin 88.12. The amount necessary to pay for new text end 18.18 new text begin presuppression and suppression costs during new text end 18.19 new text begin the biennium is appropriated from the general new text end 18.20 new text begin fund. By January 15 of each year, the new text end 18.21 new text begin commissioner of natural resources shall submit new text end 18.22 new text begin a report to the chairs and ranking minority new text end 18.23 new text begin members of the house and senate committees new text end 18.24 new text begin and divisions having jurisdiction over new text end 18.25 new text begin environment and natural resources finance, new text end 18.26 new text begin identifying all firefighting costs incurred and new text end 18.27 new text begin reimbursements received in the prior fiscal new text end 18.28 new text begin year. These appropriations may not be new text end 18.29 new text begin transferred. Any reimbursement of firefighting new text end 18.30 new text begin expenditures made to the commissioner from new text end 18.31 new text begin any source other than federal mobilizations new text end 18.32 new text begin must be deposited into the general fund. new text end 18.33 new text begin (b) $11,644,000 the first year and $11,644,000 new text end 18.34 new text begin the second year are from the forest new text end 18.35 new text begin management investment account in the natural new text end 19.1 new text begin resources fund for only the purposes specified new text end 19.2 new text begin in Minnesota Statutes, section 89.039, new text end 19.3 new text begin subdivision 2. new text end 19.4 new text begin (c) $1,322,000 the first year and $1,356,000 new text end 19.5 new text begin the second year are from the heritage new text end 19.6 new text begin enhancement account in the game and fish new text end 19.7 new text begin fund to advance ecological classification new text end 19.8 new text begin systems (ECS) scientific management tools new text end 19.9 new text begin for forest and invasive species management. new text end 19.10 new text begin (d) $780,000 the first year and $780,000 the new text end 19.11 new text begin second year are for the Forest Resources new text end 19.12 new text begin Council to implement the Sustainable Forest new text end 19.13 new text begin Resources Act. new text end 19.14 new text begin (e) $500,000 the first year is from the general new text end 19.15 new text begin fund for a study of the ability to sustainably new text end 19.16 new text begin harvest at least 1,000,000 cords of wood new text end 19.17 new text begin annually on state-administered forest lands. new text end 19.18 new text begin No later than March 1, 2018, the commissioner new text end 19.19 new text begin must report the study's findings to the new text end 19.20 new text begin legislative committees with jurisdiction over new text end 19.21 new text begin environment and natural resources policy and new text end 19.22 new text begin finance. This is a onetime appropriation. new text end 19.23 new text begin (f) $2,000,000 the first year and $2,000,000 new text end 19.24 new text begin the second year are from the forest new text end 19.25 new text begin management investment account in the natural new text end 19.26 new text begin resources fund for state forest reforestation. new text end 19.27 new text begin The base from the forest management new text end 19.28 new text begin investment account in the natural resources new text end 19.29 new text begin fund for fiscal year 2020 and later is new text end 19.30 new text begin $1,250,000. new text end 19.31 new text begin (g) $1,869,000 the first year and $1,131,000 new text end 19.32 new text begin the second year are from the general fund for new text end 19.33 new text begin the Next Generation Core Forestry data new text end 20.1 new text begin system. The appropriation is available until new text end 20.2 new text begin June 30, 2021. new text end 20.3 new text begin (h) $500,000 the first year and $500,000 the new text end 20.4 new text begin second year are from the forest management new text end 20.5 new text begin investment account in the natural resources new text end 20.6 new text begin fund for forest road maintenance on state new text end 20.7 new text begin forest roads. new text end 20.8 new text begin (i) $500,000 the first year and $500,000 the new text end 20.9 new text begin second year are from the general fund for new text end 20.10 new text begin forest road maintenance on county forest new text end 20.11 new text begin roads. new text end 20.12 new text begin (j) $500,000 the first year and $500,000 the new text end 20.13 new text begin second year are from the general fund for new text end 20.14 new text begin additional private forest management. new text end 20.15 new text begin (k) The base for the natural resources fund in new text end 20.16 new text begin fiscal year 2020 and later is $13,394,000. new text end 20.17 new text begin Subd. 5. new text end new text begin Parks and Trails Management new text end new text begin 79,830,000 new text end new text begin 81,100,000 new text end 20.18 new text begin Appropriations by Fund new text end 20.19 new text begin 2018 new text end new text begin 2019 new text end 20.20 new text begin General new text end new text begin 25,057,000 new text end new text begin 24,927,000 new text end 20.21 new text begin Natural Resources new text end new text begin 52,500,000 new text end new text begin 53,900,000 new text end 20.22 new text begin Game and Fish new text end new text begin 2,273,000 new text end new text begin 2,273,000 new text end 20.23 new text begin (a) $1,075,000 the first year and $1,075,000 new text end 20.24 new text begin the second year are from the water recreation new text end 20.25 new text begin account in the natural resources fund for new text end 20.26 new text begin enhancing and maintaining public new text end 20.27 new text begin water-access facilities. new text end 20.28 new text begin (b) $5,740,000 the first year and $5,740,000 new text end 20.29 new text begin the second year are from the natural resources new text end 20.30 new text begin fund for state trail, park, and recreation area new text end 20.31 new text begin operations. This appropriation is from the new text end 20.32 new text begin revenue deposited in the natural resources fund new text end 20.33 new text begin under Minnesota Statutes, section 297A.94, new text end 20.34 new text begin paragraph (e), clause (2). new text end 21.1 new text begin (c) $17,350,000 the first year and $17,750,000 new text end 21.2 new text begin the second year are from the state parks new text end 21.3 new text begin account in the natural resources fund for state new text end 21.4 new text begin park and state recreation area operation and new text end 21.5 new text begin maintenance. new text end 21.6 new text begin (d) $1,005,000 the first year and $1,005,000 new text end 21.7 new text begin the second year are from the natural resources new text end 21.8 new text begin fund for park and trail grants to local units of new text end 21.9 new text begin government on land to be maintained for at new text end 21.10 new text begin least 20 years for the purposes of the grants. new text end 21.11 new text begin This appropriation is from the revenue new text end 21.12 new text begin deposited in the natural resources fund under new text end 21.13 new text begin Minnesota Statutes, section 297A.94, new text end 21.14 new text begin paragraph (e), clause (4). Any unencumbered new text end 21.15 new text begin balance does not cancel at the end of the first new text end 21.16 new text begin year and is available for the second year. new text end 21.17 new text begin (e) $130,000 the first year is from the general new text end 21.18 new text begin fund, and $8,424,000 the first year and new text end 21.19 new text begin $9,624,000 the second year are from the new text end 21.20 new text begin snowmobile trails and enforcement account new text end 21.21 new text begin in the natural resources fund for the new text end 21.22 new text begin snowmobile grants-in-aid program. Any new text end 21.23 new text begin unencumbered balance does not cancel at the new text end 21.24 new text begin end of the first year and is available for the new text end 21.25 new text begin second year. new text end 21.26 new text begin (f) $1,835,000 the first year and $1,835,000 new text end 21.27 new text begin the second year are from the natural resources new text end 21.28 new text begin fund for the off-highway vehicle grants-in-aid new text end 21.29 new text begin program. Of this amount, $1,360,000 the first new text end 21.30 new text begin year and $1,360,000 the second year are from new text end 21.31 new text begin the all-terrain vehicle account; $150,000 each new text end 21.32 new text begin year is from the off-highway motorcycle new text end 21.33 new text begin account; and $325,000 each year is from the new text end 21.34 new text begin off-road vehicle account. Any unencumbered new text end 22.1 new text begin balance does not cancel at the end of the first new text end 22.2 new text begin year and is available for the second year. new text end 22.3 new text begin (g) $75,000 the first year and $75,000 the new text end 22.4 new text begin second year are from the cross-country ski new text end 22.5 new text begin account in the natural resources fund for new text end 22.6 new text begin grooming and maintaining cross-country ski new text end 22.7 new text begin trails in state parks, trails, and recreation areas. new text end 22.8 new text begin (h) $250,000 the first year and $250,000 the new text end 22.9 new text begin second year are from the state land and water new text end 22.10 new text begin conservation account in the natural resources new text end 22.11 new text begin fund for priorities established by the new text end 22.12 new text begin commissioner for eligible state projects and new text end 22.13 new text begin administrative and planning activities new text end 22.14 new text begin consistent with Minnesota Statutes, section new text end 22.15 new text begin 84.0264, and the federal Land and Water new text end 22.16 new text begin Conservation Fund Act. Any unencumbered new text end 22.17 new text begin balance does not cancel at the end of the first new text end 22.18 new text begin year and is available for the second year. new text end 22.19 new text begin (i) $150,000 the first year is from the new text end 22.20 new text begin all-terrain vehicle account in the natural new text end 22.21 new text begin resources fund for a grant to the city of Orr to new text end 22.22 new text begin predesign, design, and construct the Voyageur new text end 22.23 new text begin all-terrain vehicle trail system, including: new text end 22.24 new text begin (1) design of the alignment for phase I of the new text end 22.25 new text begin Voyageur all-terrain vehicle trail system and new text end 22.26 new text begin development of a preliminary phase II new text end 22.27 new text begin alignment; new text end 22.28 new text begin (2) completion of wetland delineation and new text end 22.29 new text begin wetland permitting; new text end 22.30 new text begin (3) completion of the engineering design and new text end 22.31 new text begin cost estimates for a snowmobile and new text end 22.32 new text begin off-highway vehicle bridge over the Vermilion new text end 22.33 new text begin River to establish a trail connection; and new text end 23.1 new text begin (4) completion of the master plan for the new text end 23.2 new text begin Voyageur all-terrain vehicle trail system. new text end 23.3 new text begin This is a onetime appropriation and is new text end 23.4 new text begin available until June 30, 2020. new text end 23.5 new text begin (j) $250,000 the first year and $250,000 the new text end 23.6 new text begin second year are from the general fund for new text end 23.7 new text begin matching grants for local parks and outdoor new text end 23.8 new text begin recreation areas under Minnesota Statutes, new text end 23.9 new text begin section 85.019, subdivision 2. new text end 23.10 new text begin (k) $250,000 the first year and $250,000 the new text end 23.11 new text begin second year are from the general fund for new text end 23.12 new text begin matching grants for local trail connections new text end 23.13 new text begin under Minnesota Statutes, section 85.019, new text end 23.14 new text begin subdivision 4c. new text end 23.15 new text begin (l) $50,000 the first year is from the all-terrain new text end 23.16 new text begin vehicle account in the natural resources fund new text end 23.17 new text begin for a grant to the city of Virginia to assist the new text end 23.18 new text begin Virginia Area All-Terrain Vehicle Club to new text end 23.19 new text begin plan, design, engineer, and permit a new text end 23.20 new text begin comprehensive all-terrain vehicle system in new text end 23.21 new text begin the Virginia area and to connect with the Iron new text end 23.22 new text begin Range Off-Highway Vehicle Recreation Area. new text end 23.23 new text begin This is a onetime appropriation and is new text end 23.24 new text begin available until June 30, 2020. new text end 23.25 new text begin Subd. 6. new text end new text begin Fish and Wildlife Management new text end new text begin 68,207,000 new text end new text begin 67,750,000 new text end 23.26 new text begin Appropriations by Fund new text end 23.27 new text begin 2018 new text end new text begin 2019 new text end 23.28 new text begin Natural Resources new text end new text begin 1,912,000 new text end new text begin 1,912,000 new text end 23.29 new text begin Game and Fish new text end new text begin 66,295,000 new text end new text begin 65,838,000 new text end 23.30 new text begin (a) $8,283,000 the first year and $8,386,000 new text end 23.31 new text begin the second year are from the heritage new text end 23.32 new text begin enhancement account in the game and fish new text end 23.33 new text begin fund only for activities specified in Minnesota new text end 23.34 new text begin Statutes, section 297A.94, paragraph (e), new text end 24.1 new text begin clause (1). Notwithstanding Minnesota new text end 24.2 new text begin Statutes, section 297A.94, five percent of this new text end 24.3 new text begin appropriation may be used for expanding new text end 24.4 new text begin hunter and angler recruitment and retention. new text end 24.5 new text begin (b) Notwithstanding Minnesota Statutes, new text end 24.6 new text begin section 297A.94, $30,000 the first year is from new text end 24.7 new text begin the heritage enhancement account in the game new text end 24.8 new text begin and fish fund for the commissioner of natural new text end 24.9 new text begin resources to contract with a private entity to new text end 24.10 new text begin search for a site to construct a world-class new text end 24.11 new text begin shooting range and club house for use by the new text end 24.12 new text begin Minnesota State High School League and for new text end 24.13 new text begin other regional, statewide, national, and new text end 24.14 new text begin international shooting events. The new text end 24.15 new text begin commissioner must provide public notice of new text end 24.16 new text begin the search, including making the public aware new text end 24.17 new text begin of the process through the Department of new text end 24.18 new text begin Natural Resources' media outlets, and solicit new text end 24.19 new text begin input on the location and building options for new text end 24.20 new text begin the facility. The siting search process must new text end 24.21 new text begin include a public process to determine if any new text end 24.22 new text begin business or individual is interested in donating new text end 24.23 new text begin land for the facility, anticipated to be at least new text end 24.24 new text begin 500 acres. The site search team must meet new text end 24.25 new text begin with interested third parties affected by or new text end 24.26 new text begin interested in the facility. The commissioner new text end 24.27 new text begin must submit a report with the results of the new text end 24.28 new text begin site search to the chairs and ranking minority new text end 24.29 new text begin members of the legislative committees and new text end 24.30 new text begin divisions with jurisdiction over environment new text end 24.31 new text begin and natural resources by March 1, 2018. This new text end 24.32 new text begin is a onetime appropriation. new text end 24.33 new text begin (c) Notwithstanding Minnesota Statutes, new text end 24.34 new text begin section 297A.94, $30,000 the first year is from new text end 24.35 new text begin the heritage enhancement account in the game new text end 25.1 new text begin and fish fund for a study of lead shot new text end 25.2 new text begin deposition on state lands. By March 1, 2018, new text end 25.3 new text begin the commissioner shall provide a report of the new text end 25.4 new text begin study to the chairs and ranking minority new text end 25.5 new text begin members of the legislative committees with new text end 25.6 new text begin jurisdiction over natural resources policy and new text end 25.7 new text begin finance. This is a onetime appropriation. new text end 25.8 new text begin (d) Notwithstanding Minnesota Statutes, new text end 25.9 new text begin section 297A.94, $500,000 the first year is new text end 25.10 new text begin from the heritage enhancement account in the new text end 25.11 new text begin game and fish fund for planning and new text end 25.12 new text begin emergency response to disease outbreaks in new text end 25.13 new text begin wildlife. This is a onetime appropriation and new text end 25.14 new text begin is available until June 30, 2019. new text end 25.15 new text begin Subd. 7. new text end new text begin Enforcement new text end new text begin 40,879,000 new text end new text begin 40,880,000 new text end 25.16 new text begin Appropriations by Fund new text end 25.17 new text begin 2018 new text end new text begin 2019 new text end 25.18 new text begin General new text end new text begin 6,640,000 new text end new text begin 6,640,000 new text end 25.19 new text begin Natural Resources new text end new text begin 10,309,000 new text end new text begin 10,309,000 new text end 25.20 new text begin Game and Fish new text end new text begin 23,828,000 new text end new text begin 23,828,000 new text end 25.21 new text begin Remediation new text end new text begin 102,000 new text end new text begin 103,000 new text end 25.22 new text begin (a) $1,718,000 the first year and $1,718,000 new text end 25.23 new text begin the second year are from the general fund for new text end 25.24 new text begin enforcement efforts to prevent the spread of new text end 25.25 new text begin aquatic invasive species. new text end 25.26 new text begin (b) $1,580,000 the first year and $1,580,000 new text end 25.27 new text begin the second year are from the heritage new text end 25.28 new text begin enhancement account in the game and fish new text end 25.29 new text begin fund for only the purposes specified in new text end 25.30 new text begin Minnesota Statutes, section 297A.94, new text end 25.31 new text begin paragraph (e), clause (1). new text end 25.32 new text begin (c) $1,082,000 the first year and $1,082,000 new text end 25.33 new text begin the second year are from the water recreation new text end 25.34 new text begin account in the natural resources fund for grants new text end 25.35 new text begin to counties for boat and water safety. Any new text end 26.1 new text begin unencumbered balance does not cancel at the new text end 26.2 new text begin end of the first year and is available for the new text end 26.3 new text begin second year. new text end 26.4 new text begin (d) $315,000 the first year and $315,000 the new text end 26.5 new text begin second year are from the snowmobile trails new text end 26.6 new text begin and enforcement account in the natural new text end 26.7 new text begin resources fund for grants to local law new text end 26.8 new text begin enforcement agencies for snowmobile new text end 26.9 new text begin enforcement activities. Any unencumbered new text end 26.10 new text begin balance does not cancel at the end of the first new text end 26.11 new text begin year and is available for the second year. new text end 26.12 new text begin (e) $250,000 the first year and $250,000 the new text end 26.13 new text begin second year are from the all-terrain vehicle new text end 26.14 new text begin account for grants to qualifying organizations new text end 26.15 new text begin to assist in safety and environmental education new text end 26.16 new text begin and monitoring trails on public lands under new text end 26.17 new text begin Minnesota Statutes, section 84.9011. Grants new text end 26.18 new text begin issued under this paragraph must be issued new text end 26.19 new text begin through a formal agreement with the new text end 26.20 new text begin organization. By December 15 each year, an new text end 26.21 new text begin organization receiving a grant under this new text end 26.22 new text begin paragraph shall report to the commissioner new text end 26.23 new text begin with details on expenditures and outcomes new text end 26.24 new text begin from the grant. Of this appropriation, $25,000 new text end 26.25 new text begin each year is for administration of these grants. new text end 26.26 new text begin Any unencumbered balance does not cancel new text end 26.27 new text begin at the end of the first year and is available for new text end 26.28 new text begin the second year. new text end 26.29 new text begin (f) $510,000 the first year and $510,000 the new text end 26.30 new text begin second year are from the natural resources new text end 26.31 new text begin fund for grants to county law enforcement new text end 26.32 new text begin agencies for off-highway vehicle enforcement new text end 26.33 new text begin and public education activities based on new text end 26.34 new text begin off-highway vehicle use in the county. Of this new text end 26.35 new text begin amount, $498,000 each year is from the new text end 27.1 new text begin all-terrain vehicle account; $11,000 each year new text end 27.2 new text begin is from the off-highway motorcycle account; new text end 27.3 new text begin and $1,000 each year is from the off-road new text end 27.4 new text begin vehicle account. The county enforcement new text end 27.5 new text begin agencies may use money received under this new text end 27.6 new text begin appropriation to make grants to other local new text end 27.7 new text begin enforcement agencies within the county that new text end 27.8 new text begin have a high concentration of off-highway new text end 27.9 new text begin vehicle use. Of this appropriation, $25,000 new text end 27.10 new text begin each year is for administration of these grants. new text end 27.11 new text begin Any unencumbered balance does not cancel new text end 27.12 new text begin at the end of the first year and is available for new text end 27.13 new text begin the second year. new text end new text begin new text end 27.14 new text begin (g) $1,000,000 each year is for recruiting, new text end 27.15 new text begin training, and maintaining additional new text end 27.16 new text begin conservation officers. new text end 27.17 new text begin (h) The commissioner may hold a conservation new text end 27.18 new text begin officer academy if necessary. new text end 27.19 new text begin Subd. 8. new text end new text begin Operations Support new text end new text begin 8,436,000 new text end new text begin 12,157,000 new text end 27.20 new text begin Appropriations by Fund new text end 27.21 new text begin 2018 new text end new text begin 2019 new text end 27.22 new text begin General new text end new text begin 4,169,000 new text end new text begin 3,895,000 new text end 27.23 new text begin Natural Resources new text end new text begin 1,591,000 new text end new text begin 3,220,000 new text end 27.24 new text begin Game and Fish new text end new text begin 2,676,000 new text end new text begin 5,042,000 new text end 27.25 new text begin (a) $1,965,000 the first year is available for new text end 27.26 new text begin legal costs. Of this amount, up to $500,000 new text end 27.27 new text begin may be transferred to the Minnesota Pollution new text end 27.28 new text begin Control Agency. This is a onetime new text end 27.29 new text begin appropriation and is available until June 30, new text end 27.30 new text begin 2021. new text end 27.31 new text begin (b) $2,204,000 the first year and $3,895,000 new text end 27.32 new text begin the second year are from the general fund for new text end 27.33 new text begin agency operating adjustments. The new text end 27.34 new text begin commissioner shall make necessary new text end 27.35 new text begin adjustments to program appropriations in this new text end 28.1 new text begin article to distribute these funds. By September new text end 28.2 new text begin 1, 2017, the commissioner shall report to the new text end 28.3 new text begin chairs of the legislative committees with new text end 28.4 new text begin jurisdiction over environment and natural new text end 28.5 new text begin resources finance the distribution of funds and new text end 28.6 new text begin resulting base-level appropriations for each new text end 28.7 new text begin program. new text end 28.8 new text begin (c) $2,676,000 the first year and $5,042,000 new text end 28.9 new text begin the second year are from the game and fish new text end 28.10 new text begin fund for agency operating adjustments. The new text end 28.11 new text begin commissioner shall make necessary new text end 28.12 new text begin adjustments to program appropriations in this new text end 28.13 new text begin article to distribute these funds. By September new text end 28.14 new text begin 1, 2017, the commissioner shall report to the new text end 28.15 new text begin chairs of the legislative committees with new text end 28.16 new text begin jurisdiction over environment and natural new text end 28.17 new text begin resources finance the distribution of funds and new text end 28.18 new text begin resulting base-level appropriations for each new text end 28.19 new text begin program. new text end 28.20 new text begin (d) $1,591,000 the first year and $3,220,000 new text end 28.21 new text begin the second year are from the natural resources new text end 28.22 new text begin fund for agency operating adjustments. The new text end 28.23 new text begin commissioner shall make necessary new text end 28.24 new text begin adjustments to program appropriations in this new text end 28.25 new text begin article to distribute these funds. By September new text end 28.26 new text begin 1, 2017, the commissioner shall report to the new text end 28.27 new text begin chairs of the legislative committees with new text end 28.28 new text begin jurisdiction over environment and natural new text end 28.29 new text begin resources finance the distribution of funds and new text end 28.30 new text begin resulting base-level appropriations for each new text end 28.31 new text begin program. new text end 28.32 new text begin Subd. 9. new text end new text begin Pass Through Funds new text end new text begin 320,000 new text end new text begin 320,000 new text end 28.33 new text begin Appropriations by Fund new text end 28.34 new text begin 2018 new text end new text begin 2019 new text end 28.35 new text begin Natural Resources new text end new text begin 320,000 new text end new text begin 320,000 new text end 29.1 new text begin $320,000 the first year and $320,000 the new text end 29.2 new text begin second year are from the natural resources new text end 29.3 new text begin fund for grants to be divided equally between new text end 29.4 new text begin the city of St. Paul for the Como Park Zoo and new text end 29.5 new text begin Conservatory and the city of Duluth for the new text end 29.6 new text begin Duluth Zoo. This appropriation is from the new text end 29.7 new text begin revenue deposited to the natural resources fund new text end 29.8 new text begin under Minnesota Statutes, section 297A.94, new text end 29.9 new text begin paragraph (e), clause (5). new text end 29.10 new text begin Subd. 10. new text end new text begin Cancellation new text end 29.11 new text begin The remaining amount of the general fund new text end 29.12 new text begin appropriation in Laws 2016, chapter 189, new text end 29.13 new text begin article 3, section 3, subdivision 3, for a grant new text end 29.14 new text begin to the Koronis Lake Association, estimated to new text end 29.15 new text begin be $167,000, is canceled on June 30, 2017. new text end 29.16 new text begin This subdivision is effective the day following new text end 29.17 new text begin final enactment. new text end 29.18 29.19 Sec. 4. new text begin BOARD OF WATER AND SOIL new text end new text begin RESOURCES new text end new text begin $ new text end new text begin 14,311,000 new text end new text begin $ new text end new text begin 14,164,000 new text end 29.20 new text begin (a) $3,423,000 the first year and $3,423,000 new text end 29.21 new text begin the second year are for natural resources block new text end 29.22 new text begin grants to local governments. Grants must be new text end 29.23 new text begin matched with a combination of local cash or new text end 29.24 new text begin in-kind contributions. The base grant portion new text end 29.25 new text begin related to water planning must be matched by new text end 29.26 new text begin an amount as specified by Minnesota Statutes, new text end 29.27 new text begin section 103B.3369. The board may reduce the new text end 29.28 new text begin amount of the natural resources block grant new text end 29.29 new text begin to a county by an amount equal to any new text end 29.30 new text begin reduction in the county's general services new text end 29.31 new text begin allocation to a soil and water conservation new text end 29.32 new text begin district from the county's previous year new text end 29.33 new text begin allocation when the board determines that the new text end 29.34 new text begin reduction was disproportionate. new text end 30.1 new text begin (b) $3,116,000 the first year and $3,116,000 new text end 30.2 new text begin the second year are for grants to soil and water new text end 30.3 new text begin conservation districts for the purposes of new text end 30.4 new text begin Minnesota Statutes, sections 103C.321 and new text end 30.5 new text begin 103C.331, and for general purposes, nonpoint new text end 30.6 new text begin engineering, and implementation and new text end 30.7 new text begin stewardship of the reinvest in Minnesota new text end 30.8 new text begin reserve program. Expenditures may be made new text end 30.9 new text begin from these appropriations for supplies and new text end 30.10 new text begin services benefiting soil and water conservation new text end 30.11 new text begin districts. Any district receiving a payment new text end 30.12 new text begin under this paragraph shall maintain a Web new text end 30.13 new text begin page that publishes, at a minimum, its annual new text end 30.14 new text begin report, annual audit, annual budget, and new text end 30.15 new text begin meeting notices. new text end 30.16 new text begin (c) $260,000 the first year and $260,000 the new text end 30.17 new text begin second year are for feedlot water quality cost new text end 30.18 new text begin share grants for feedlots under 300 animal new text end 30.19 new text begin units and nutrient and manure management new text end 30.20 new text begin projects in watersheds where there are new text end 30.21 new text begin impaired waters. new text end 30.22 new text begin (d) $1,200,000 the first year and $1,200,000 new text end 30.23 new text begin the second year are for soil and water new text end 30.24 new text begin conservation district cost-sharing contracts for new text end 30.25 new text begin perennially vegetated riparian buffers, erosion new text end 30.26 new text begin control, water retention and treatment, and new text end 30.27 new text begin other high-priority conservation practices. new text end 30.28 new text begin (e) $100,000 the first year and $100,000 the new text end 30.29 new text begin second year are for county cooperative weed new text end 30.30 new text begin management cost-share programs and to new text end 30.31 new text begin restore native plants in selected invasive new text end 30.32 new text begin species management sites. new text end new text begin new text end 30.33 new text begin (f) $761,000 the first year and $761,000 the new text end 30.34 new text begin second year are for implementation, new text end 30.35 new text begin enforcement, and oversight of the Wetland new text end 31.1 new text begin Conservation Act, including administration of new text end 31.2 new text begin the wetland banking program and in-lieu fee new text end 31.3 new text begin mechanism. new text end new text begin new text end 31.4 new text begin (g) $300,000 the first year is for improving new text end 31.5 new text begin the efficiency and effectiveness of Minnesota's new text end 31.6 new text begin wetland regulatory programs through new text end 31.7 new text begin continued examination of United States Clean new text end 31.8 new text begin Water Act section 404 assumption including new text end 31.9 new text begin negotiation of draft agreements with the new text end 31.10 new text begin United States Environmental Protection new text end 31.11 new text begin Agency and the United States Army Corps of new text end 31.12 new text begin Engineers, planning for an online permitting new text end 31.13 new text begin system, upgrading the existing wetland new text end 31.14 new text begin banking database, and developing an in-lieu new text end 31.15 new text begin fee wetland banking program as authorized new text end 31.16 new text begin by statute. This is a onetime appropriation. new text end 31.17 new text begin (h) $166,000 the first year and $166,000 the new text end 31.18 new text begin second year are to provide technical assistance new text end 31.19 new text begin to local drainage management officials and new text end 31.20 new text begin for the costs of the Drainage Work Group. The new text end 31.21 new text begin Board of Water and Soil Resources must new text end 31.22 new text begin coordinate the stakeholder drainage work new text end 31.23 new text begin group in accordance with Minnesota Statutes, new text end 31.24 new text begin section 103B.101, subdivision 13, to evaluate new text end 31.25 new text begin and make recommendations to accelerate new text end 31.26 new text begin drainage system acquisition and establishment new text end 31.27 new text begin of ditch buffer strips under Minnesota Statutes, new text end 31.28 new text begin chapter 103E, or compatible alternative new text end 31.29 new text begin practices required by Minnesota Statutes, new text end 31.30 new text begin section 103F.48. The evaluation and new text end 31.31 new text begin recommendations must be submitted in a new text end 31.32 new text begin report to the senate and house of new text end 31.33 new text begin representatives committees with jurisdiction new text end 31.34 new text begin over agriculture and environment policy by new text end 31.35 new text begin February 1, 2018. new text end 32.1 new text begin (i) $100,000 the first year and $100,000 the new text end 32.2 new text begin second year are for a grant to the Red River new text end 32.3 new text begin Basin Commission for water quality and new text end 32.4 new text begin floodplain management, including new text end 32.5 new text begin administration of programs. This appropriation new text end 32.6 new text begin must be matched by nonstate funds. If the new text end 32.7 new text begin appropriation in either year is insufficient, the new text end 32.8 new text begin appropriation in the other year is available for new text end 32.9 new text begin it. new text end 32.10 new text begin (j) $140,000 the first year and $140,000 the new text end 32.11 new text begin second year are for grants to Area II new text end 32.12 new text begin Minnesota River Basin Projects for floodplain new text end 32.13 new text begin management. new text end 32.14 new text begin (k) $125,000 the first year and $125,000 the new text end 32.15 new text begin second year are for conservation easement new text end 32.16 new text begin stewardship. new text end 32.17 new text begin (l) $240,000 the first year and $240,000 the new text end 32.18 new text begin second year are for a grant to the Lower new text end 32.19 new text begin Minnesota River Watershed District to defray new text end 32.20 new text begin the annual cost of operating and maintaining new text end 32.21 new text begin sites for dredge spoil to sustain the state, new text end 32.22 new text begin national, and international commercial and new text end 32.23 new text begin recreational navigation on the lower Minnesota new text end 32.24 new text begin River. new text end 32.25 new text begin (m) $4,380,000 the first year and $4,533,000 new text end 32.26 new text begin the second year are for Board of Water and new text end 32.27 new text begin Soil Resources agency administration and new text end 32.28 new text begin operations. new text end 32.29 new text begin (n) Notwithstanding Minnesota Statutes, new text end 32.30 new text begin section 103C.501, the board may shift new text end 32.31 new text begin cost-share funds in this section and may adjust new text end 32.32 new text begin the technical and administrative assistance new text end 32.33 new text begin portion of the grant funds to leverage federal new text end 32.34 new text begin or other nonstate funds or to address new text end 33.1 new text begin high-priority needs identified in local water new text end 33.2 new text begin management plans or comprehensive water new text end 33.3 new text begin management plans. new text end 33.4 new text begin (o) The appropriations for grants in this section new text end 33.5 new text begin are available until June 30, 2021, except new text end 33.6 new text begin returned grants are available for two years new text end 33.7 new text begin after they are returned. If an appropriation for new text end 33.8 new text begin grants in either year is insufficient, the new text end 33.9 new text begin appropriation in the other year is available for new text end 33.10 new text begin it. new text end 33.11 new text begin (p) Notwithstanding Minnesota Statutes, new text end 33.12 new text begin section 16B.97, the appropriations for grants new text end 33.13 new text begin in this section are exempt from Department new text end 33.14 new text begin of Administration, Office of Grants new text end 33.15 new text begin Management Policy 08-08 Grant Payments new text end 33.16 new text begin and 08-10 Grant Monitoring. new text end 33.17 Sec. 5. new text begin METROPOLITAN COUNCIL new text end new text begin $ new text end new text begin 8,540,000 new text end new text begin $ new text end new text begin 8,540,000 new text end 33.18 new text begin Appropriations by Fund new text end 33.19 new text begin 2018 new text end new text begin 2019 new text end 33.20 new text begin General new text end new text begin 2,540,000 new text end new text begin 2,540,000 new text end 33.21 new text begin Natural Resources new text end new text begin 6,000,000 new text end new text begin 6,000,000 new text end 33.22 new text begin (a) $2,540,000 the first year and $2,540,000 new text end 33.23 new text begin the second year are for metropolitan area new text end 33.24 new text begin regional parks operation and maintenance new text end 33.25 new text begin according to Minnesota Statutes, section new text end 33.26 new text begin 473.351. new text end 33.27 new text begin (b) $6,000,000 the first year and $6,000,000 new text end 33.28 new text begin the second year are from the natural resources new text end 33.29 new text begin fund for metropolitan area regional parks and new text end 33.30 new text begin trails maintenance and operations. This new text end 33.31 new text begin appropriation is from the revenue deposited new text end 33.32 new text begin in the natural resources fund under Minnesota new text end 33.33 new text begin Statutes, section 297A.94, paragraph (e), new text end 33.34 new text begin clause (3). new text end 34.1 34.2 Sec. 6. new text begin CONSERVATION CORPS new text end new text begin MINNESOTA new text end new text begin $ new text end new text begin 945,000 new text end new text begin $ new text end new text begin 945,000 new text end 34.3 new text begin Appropriations by Fund new text end 34.4 new text begin 2018 new text end new text begin 2019 new text end 34.5 new text begin General new text end new text begin 455,000 new text end new text begin 455,000 new text end 34.6 new text begin Natural Resources new text end new text begin 490,000 new text end new text begin 490,000 new text end 34.7 new text begin Conservation Corps Minnesota may receive new text end 34.8 new text begin money appropriated from the natural resources new text end 34.9 new text begin fund under this section only as provided in an new text end 34.10 new text begin agreement with the commissioner of natural new text end 34.11 new text begin resources. new text end 34.12 Sec. 7. new text begin ZOOLOGICAL BOARD new text end new text begin $ new text end new text begin 9,227,000 new text end new text begin $ new text end new text begin 9,303,000 new text end 34.13 new text begin Appropriations by Fund new text end 34.14 new text begin 2018 new text end new text begin 2019 new text end 34.15 new text begin General new text end new text begin 9,067,000 new text end new text begin 9,143,000 new text end 34.16 new text begin Natural Resources new text end new text begin 160,000 new text end new text begin 160,000 new text end 34.17 new text begin $160,000 the first year and $160,000 the new text end 34.18 new text begin second year are from the natural resources new text end 34.19 new text begin fund from the revenue deposited under new text end 34.20 new text begin Minnesota Statutes, section 297A.94, new text end 34.21 new text begin paragraph (e), clause (5). new text end 34.22 Sec. 8. new text begin SCIENCE MUSEUM new text end new text begin $ new text end new text begin 1,079,000 new text end new text begin $ new text end new text begin 1,079,000 new text end 34.23 Sec. 9. new text begin ADMINISTRATION new text end new text begin $ new text end new text begin 800,000 new text end new text begin $ new text end new text begin 300,000 new text end 34.24 new text begin (a) $300,000 the first year and $300,000 the new text end 34.25 new text begin second year are from the state forest suspense new text end 34.26 new text begin account in the permanent school fund for the new text end 34.27 new text begin school trust lands director. This appropriation new text end 34.28 new text begin is to be used for securing long-term economic new text end 34.29 new text begin return from the school trust lands consistent new text end 34.30 new text begin with fiduciary responsibilities and sound new text end 34.31 new text begin natural resources conservation and new text end 34.32 new text begin management principles. new text end 35.1 new text begin (b) $500,000 the first year is from the state new text end 35.2 new text begin forest suspense account in the permanent new text end 35.3 new text begin school fund for the school trust lands director new text end 35.4 new text begin to initiate the private sale of surplus school new text end 35.5 new text begin trust lands identified according to Minnesota new text end 35.6 new text begin Statutes, section 92.82, paragraph (d), new text end 35.7 new text begin including but not limited to valuation new text end 35.8 new text begin expenses, legal fees, and transactional staff new text end 35.9 new text begin costs. This is a onetime appropriation and is new text end 35.10 new text begin available until June 30, 2019. new text end 35.11 Sec. 10. new text begin EXPLORE MINNESOTA TOURISM new text end new text begin $ new text end new text begin 15,684,000 new text end new text begin $ new text end new text begin 14,321,000 new text end 35.12 new text begin (a) To develop maximum private sector new text end 35.13 new text begin involvement in tourism, $500,000 the first new text end 35.14 new text begin year and $500,000 the second year must be new text end 35.15 new text begin matched by Explore Minnesota Tourism from new text end 35.16 new text begin nonstate sources. Each $1 of state incentive new text end 35.17 new text begin must be matched with $6 of private sector new text end 35.18 new text begin funding. Cash match is defined as revenue to new text end 35.19 new text begin the state or documented cash expenditures new text end 35.20 new text begin directly expended to support Explore new text end 35.21 new text begin Minnesota Tourism programs. Up to one-half new text end 35.22 new text begin of the private sector contribution may be new text end 35.23 new text begin in-kind or soft match. The incentive in fiscal new text end 35.24 new text begin year 2018 shall be based on fiscal year 2017 new text end 35.25 new text begin private sector contributions. The incentive in new text end 35.26 new text begin fiscal year 2019 shall be based on fiscal year new text end 35.27 new text begin 2018 private sector contributions. This new text end 35.28 new text begin incentive is ongoing. new text end 35.29 new text begin (b) Funding for the marketing grants is new text end 35.30 new text begin available either year of the biennium. new text end 35.31 new text begin Unexpended grant funds from the first year new text end 35.32 new text begin are available in the second year. new text end 35.33 new text begin (c) $100,000 each year is for a grant to the new text end 35.34 new text begin Northern Lights International Music Festival. new text end 36.1 new text begin (d) $900,000 the first year is for the major new text end 36.2 new text begin events grant program. This is a onetime new text end 36.3 new text begin appropriation and is available until June 30, new text end 36.4 new text begin 2021. new text end 36.5 new text begin (e) $500,000 the first year is for updating the new text end 36.6 new text begin board's Web site, developing digital content, new text end 36.7 new text begin and making system upgrades. This is a new text end 36.8 new text begin onetime appropriation and is available until new text end 36.9 new text begin June 30, 2019. new text end 36.10 Sec. 11. new text begin REVENUE new text end new text begin $ new text end new text begin 2,000,000 new text end new text begin $ new text end new text begin 2,000,000 new text end 36.11 new text begin $2,000,000 each year is for riparian protection new text end 36.12 new text begin aid payments under Minnesota Statutes, new text end 36.13 new text begin section 477A.21. Notwithstanding Minnesota new text end 36.14 new text begin Statutes, section 477A.21, subdivisions 3 and new text end 36.15 new text begin 4, the first year appropriation may be paid only new text end 36.16 new text begin to counties. Unexpended funds from the first new text end 36.17 new text begin year are available the second year. new text end 36.18    Sec. 12. Laws 2016, chapter 189, article 3, section 6, is amended to read: 36.19 Sec. 6. ADMINISTRATION$250,000$-0-36.20$250,000 the first year is from the state forest 36.21suspense account in the permanent school fund 36.22for the school trust lands director to initiate 36.23real estate development projects on school 36.24trust lands as determined by the school trust 36.25lands director. This is a onetime appropriation new text begin new text end 36.26 new text begin and is available until June 30, 2019 new text end . 36.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 36.28ARTICLE 2 36.29ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES 36.30    Section 1. Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision 36.31to read: 37.1     new text begin Subd. 6. new text end new text begin Legal counsel. new text end new text begin The commissioner of natural resources may appoint attorneys new text end 37.2 new text begin or outside counsel to render title opinions, represent the department in severed mineral new text end 37.3 new text begin interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute new text end 37.4 new text begin to the contrary, represent the state in quiet title or title registration actions affecting land or new text end 37.5 new text begin interests in land administered by the commissioner. new text end 37.6    Sec. 2. Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read: 37.7    Subd. 14a. Permitting efficiency new text begin ; public notice new text end . (a) It is the goal of the state that 37.8environmental and resource management permits be issued or denied within 90 days for 37.9Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application. 37.10The commissioner of natural resources shall establish management systems designed to 37.11achieve the goal. 37.12(b) The commissioner shall prepare an annual permitting efficiency report that includes 37.13statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit 37.14categories. The report is due August 1 each year. For permit applications that have not met 37.15the goal, the report must state the reasons for not meeting the goal. In stating the reasons 37.16for not meeting the goal, the commissioner shall separately identify delays caused by the 37.17responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the 37.18level of public engagement. The report must specify the number of days from initial 37.19submission of the application to the day of determination that the application is complete. 37.20The report must aggregate the data for the year and assess whether program or system 37.21changes are necessary to achieve the goal. The report must be posted on the department's 37.22Web site and submitted to the governor and the chairs and ranking minority members of 37.23the house of representatives and senate committees having jurisdiction over natural resources 37.24policy and finance. 37.25(c) The commissioner shall allow electronic submission of environmental review and 37.26permit documents to the department. 37.27(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject 37.28to paragraph (a), the commissioner of natural resources shall notify the project proposer new text begin new text end 37.29 new text begin permit applicant new text end , in writing, whether the application is complete or incomplete. If the 37.30commissioner determines that an application is incomplete, the notice to the applicant must 37.31enumerate all deficiencies, citing specific provisions of the applicable rules and statutes, 37.32and advise the applicant on how the deficiencies can be remedied. If the commissioner 37.33determines that the application is complete, the notice must confirm the application's Tier 37.341 or Tier 2 permit status. new text begin If the commissioner believes that a complete application for a Tier new text end 38.1 new text begin 2 construction permit cannot be issued within the 150-day goal, the commissioner must new text end 38.2 new text begin provide notice to the applicant with the commissioner's notice that the application is complete new text end 38.3 new text begin and, upon request of the applicant, provide the permit applicant with a schedule estimating new text end 38.4 new text begin when the agency will begin drafting the permit and issue the public notice of the draft permit. new text end 38.5This paragraph does not apply to an application for a permit that is subject to a grant or loan 38.6agreement under chapter 446A. 38.7 new text begin (e) When public notice of a draft individual Tier 2 permit is required, the commissioner new text end 38.8 new text begin must provide the applicant a draft permit for review by the applicant within 30 days after new text end 38.9 new text begin determining the proposal conforms to all federal and state laws and rules, unless the permit new text end 38.10 new text begin applicant and the commissioner mutually agree to a different date. The commissioner must new text end 38.11 new text begin consider all comments submitted by the applicant before issuing the permit. new text end 38.12    Sec. 3. Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read: 38.13    Subd. 14b. Expediting costs; reimbursement. Permit applicants who wish to construct, 38.14reconstruct, modify, or operate a facility needing any permit from the commissioner of 38.15natural resources new text begin to construct, reconstruct, or modify a project or to operate a facility new text end may 38.16offer to reimburse the department for the costs of staff time or consultant services needed 38.17to expedite the new text begin preapplication process and new text end permit development process new text begin through the final new text end 38.18 new text begin decision on the permit new text end , including the analysis of environmental review documents. The 38.19reimbursement shall be in addition to permit application fees imposed by law. When the 38.20commissioner determines that additional resources are needed to develop the permit 38.21application in an expedited manner, and that expediting the development is consistent with 38.22permitting program priorities, the commissioner may accept the reimbursement. new text begin The new text end 38.23 new text begin commissioner must give the permit applicant an estimate of costs for the expedited service new text end 38.24 new text begin to be incurred by the commissioner. The estimate must include a brief description of the new text end 38.25 new text begin tasks to be performed, a schedule for completing the tasks, and the estimated cost for each new text end 38.26 new text begin task. The proposer and the commissioner shall enter into a written agreement detailing the new text end 38.27 new text begin estimated costs for the expedited service to be incurred by the department. The agreement new text end 38.28 new text begin must also identify staff anticipated to be assigned to the project. The commissioner must new text end 38.29 new text begin not issue a permit until the applicant has paid all fees in full. The commissioner must refund new text end 38.30 new text begin any unobligated balance of fees paid. new text end Reimbursements accepted by the commissioner are 38.31appropriated to the commissioner for the purpose of developing the permit or analyzing 38.32environmental review documents. Reimbursement by a permit applicant shall precede and 38.33not be contingent upon issuance of a permit; shall not affect the commissioner's decision 38.34on whether to issue or deny a permit, what conditions are included in a permit, or the 39.1application of state and federal statutes and rules governing permit determinations; and shall 39.2not affect final decisions regarding environmental review. 39.3    Sec. 4. Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read: 39.4    Subd. 2. Exemptions. Registration is not required for off-highway motorcycles: 39.5(1) owned and used by the United States, an Indian tribal government, the state, another 39.6state, or a political subdivision; 39.7(2) registered in another state or country that have not been within this state for more 39.8than 30 consecutive days; 39.9(3) registered under chapter 168, when operated on forest roads to gain access to a state 39.10forest campground; 39.11(4) used exclusively in organized track racing events; 39.12(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident 39.13off-highway motorcycle state trail pass; or 39.14(6) operated by a person participating in an event for which the commissioner has issued 39.15a special use permit. new text begin ; or new text end 39.16 new text begin (7) operated on boundary trails and registered in another state or country providing equal new text end 39.17 new text begin reciprocal registration or licensing exemptions for registrants of this state. new text end 39.18    Sec. 5. Minnesota Statutes 2016, section 84.793, subdivision 1, is amended to read: 39.19    Subdivision 1. Prohibitions on youthful operators. (a) A person new text begin six years or older but new text end 39.20less than 16 years of age operating an off-highway motorcycle on public lands or waters 39.21must possess a valid off-highway motorcycle safety certificate issued by the commissioner. 39.22(b) Except for operation on public road rights-of-way that is permitted under section 39.2384.795 , subdivision 1, a driver's license issued by the state or another state is required to 39.24operate an off-highway motorcycle along or on a public road right-of-way. 39.25(c) A person under 12 years of age may not: 39.26(1) make a direct crossing of a public road right-of-way; 39.27(2) operate an off-highway motorcycle on a public road right-of-way in the state; or 39.28(3) operate an off-highway motorcycle on public lands or waters unless accompanied 39.29by a person 18 years of age or older or participating in an event for which the commissioner 39.30has issued a special use permit. 40.1(d) Except for public road rights-of-way of interstate highways, a person less than 16 40.2years of age may make a direct crossing of a public road right-of-way of a trunk, county 40.3state-aid, or county highway only if that person is accompanied by a person 18 years of age 40.4or older who holds a valid driver's license. 40.5(e) A person less than 16 years of age may operate an off-highway motorcycle on public 40.6road rights-of-way in accordance with section 84.795, subdivision 1, paragraph (a), only if 40.7that person is accompanied by a person 18 years of age or older who holds a valid driver's 40.8license. 40.9(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may operate 40.10an off-highway motorcycle on public lands or waters if the nonresident youth has in 40.11possession evidence of completing an off-road safety course offered by the Motorcycle 40.12Safety Foundation or another state as provided in section 84.791, subdivision 4. 40.13    Sec. 6. Minnesota Statutes 2016, section 84.8031, is amended to read: 40.1484.8031 GRANT-IN-AID APPLICATIONS; REVIEW PERIOD. 40.15The commissioner must review an off-road vehicle grant-in-aid application and, if 40.16approved, commence new text begin begin new text end public review of the application within 60 days after the 40.17completed application has been locally approved and submitted to an area parks and trails 40.18office. If the commissioner fails to approve or deny the application within 60 days after 40.19submission, the application is deemed approved and the commissioner must provide for a 40.2030-day public review period. new text begin If the commissioner denies an application, the commissioner new text end 40.21 new text begin must provide the applicant with a written explanation for denying the application at the time new text end 40.22 new text begin the applicant is notified of the denial. new text end 40.23    Sec. 7. Minnesota Statutes 2016, section 84.82, subdivision 2, is amended to read: 40.24    Subd. 2. Application, issuance, issuing fee. (a) Application for registration or 40.25reregistration shall be made to the commissioner or an authorized deputy registrar of motor 40.26vehicles in a format prescribed by the commissioner and shall state the legal name and 40.27address of every owner of the snowmobile. 40.28    (b) A person who purchases a snowmobile from a retail dealer shall make application 40.29for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary 40.3021-day registration permit to each purchaser who applies to the dealer for registration. The 40.31temporary permit must contain the dealer's identification number and phone number. Each 40.32retail dealer shall submit completed registration and fees to the deputy registrar at least once 41.1a week. No fee may be charged by a dealer to a purchaser for providing the temporary 41.2permit. 41.3    (c) Upon receipt of the application and the appropriate fee, the commissioner or deputy 41.4registrar shall issue to the applicant, or provide to the dealer, an assigned registration number 41.5or a commissioner or deputy registrar temporary 21-day permit. Once issued, the registration 41.6number must be affixed to the snowmobile in a clearly visible and permanent manner for 41.7enforcement purposes as the commissioner of natural resources shall prescribe. A dealer 41.8subject to paragraph (b) shall provide the registration materials or temporary permit to the 41.9purchaser within the temporary 21-day permit period. The registration is not valid unless 41.10signed by at least one owner. 41.11    (d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall also 41.12be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement 41.13with the commissioner of public safety may prescribe the accounting and procedural 41.14requirements necessary to assure efficient handling of registrations and registration fees. 41.15Deputy registrars shall strictly comply with these accounting and procedural requirements. 41.16    (e) A fee of $2 In addition to that otherwise new text begin other fees new text end prescribed by law shall be charged 41.17for new text begin , an issuing fee of $4.50 is charged for each snowmobile registration renewal, duplicate new text end 41.18 new text begin or replacement registration card, and replacement decal and an issuing fee of $7 is charged new text end 41.19 new text begin for each snowmobile registration and registration transfer issued by new text end : 41.20    (1) each snowmobile registered by the new text begin a new text end registrar or a deputy registrar and the additional 41.21fee shall be disposed of new text begin must be deposited new text end in the manner provided in section 168.33, 41.22subdivision 2 ; or 41.23    (2) each snowmobile registered by the commissioner and the additional fee shall new text begin must new text end 41.24be deposited in the state treasury and credited to the snowmobile trails and enforcement 41.25account in the natural resources fund. 41.26    Sec. 8. Minnesota Statutes 2016, section 84.82, subdivision 3, is amended to read: 41.27    Subd. 3. Fees for registration. (a) The fee for registration of each snowmobile, other 41.28than those used for an agricultural purpose, as defined in section 84.92, subdivision 1c, 41.29those registered by a dealer or manufacturer pursuant to paragraph (b) or (c), or those 41.30registered under subdivision 2a shall be as follows: $75 new text begin $105 new text end for three years and $10 for a 41.31duplicate or transfer. 41.32(b) The total registration fee for all snowmobiles owned by a dealer and operated for 41.33demonstration or testing purposes shall be $50 per year. 42.1(c) The total registration fee for all snowmobiles owned by a manufacturer and operated 42.2for research, testing, experimentation, or demonstration purposes shall be $150 per year. 42.3Dealer and manufacturer registrations are not transferable. 42.4(d) The onetime fee for registration of an exempt snowmobile under subdivision 6a is 42.5$6. 42.6    Sec. 9. Minnesota Statutes 2016, section 84.8205, subdivision 1, is amended to read: 42.7    Subdivision 1. Sticker required; fee. (a) A snowmobile that is not registered in the state 42.8under section 84.82, subdivision 3, paragraph (a), or that is registered by a manufacturer or 42.9dealer under section 84.82, subdivision 3, paragraph (b) or (c), may not be operated on a 42.10state or grant-in-aid snowmobile trail unless a snowmobile state trail sticker is affixed to 42.11the snowmobile. 42.12(b) The commissioner of natural resources shall issue a sticker upon application and 42.13payment of a fee. The fee is: 42.14(1) $35 new text begin $50 new text end for a one-year snowmobile state trail sticker purchased by an individual; 42.15and 42.16(2) $15 for a one-year snowmobile state trail sticker purchased by a dealer or 42.17manufacturer. 42.18(c) In addition to other penalties prescribed by law, an individual in violation of this 42.19subdivision must purchase an annual state trail sticker for a fee of $70. The sticker is valid 42.20from November 1 through June 30. Fees collected under this section, except for the issuing 42.21fee for licensing agents, shall be deposited in the state treasury and credited to the snowmobile 42.22trails and enforcement account in the natural resources fund and, except for the electronic 42.23licensing system commission established by the commissioner under section 84.027, 42.24subdivision 15, must be used for grants-in-aid, trail maintenance, grooming, and easement 42.25acquisition. 42.26    (d) A state trail sticker is not required under this section for: 42.27    (1) a snowmobile that is owned and used by the United States, an Indian tribal 42.28government, another state, or a political subdivision thereof that is exempt from registration 42.29under section 84.82, subdivision 6; 42.30    (2) a collector snowmobile that is operated as provided in a special permit issued for the 42.31collector snowmobile under section 84.82, subdivision 7a; 43.1    (3) a person operating a snowmobile only on the portion of a trail that is owned by the 43.2person or the person's spouse, child, or parent; or 43.3    (4) a snowmobile while being used to groom a state or grant-in-aid trail. 43.4    Sec. 10. Minnesota Statutes 2016, section 84.922, subdivision 5, is amended to read: 43.5    Subd. 5. Fees for registration. (a) The fee for a three-year registration of an all-terrain 43.6vehicle under this section, other than those registered by a dealer or manufacturer under 43.7paragraph (b) or (c), is: 43.8    (1) for public use, $45 new text begin $60 new text end ; 43.9    (2) for private use, $6; and 43.10    (3) for a duplicate or transfer, $4. 43.11    (b) The total registration fee for all-terrain vehicles owned by a dealer and operated for 43.12demonstration or testing purposes is $50 per year. Dealer registrations are not transferable. 43.13    (c) The total registration fee for all-terrain vehicles owned by a manufacturer and operated 43.14for research, testing, experimentation, or demonstration purposes is $150 per year. 43.15Manufacturer registrations are not transferable. 43.16    (d) The onetime fee for registration of an all-terrain vehicle under subdivision 2b is $6. 43.17(e) The fees collected under this subdivision must be credited to the all-terrain vehicle 43.18account. 43.19    Sec. 11. Minnesota Statutes 2016, section 84.925, subdivision 1, is amended to read: 43.20    Subdivision 1. Program established. (a) The commissioner shall establish a 43.21comprehensive all-terrain vehicle environmental and safety education and training program, 43.22including the preparation and dissemination of vehicle information and safety advice to the 43.23public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle 43.24safety certificates to vehicle operators over the age of 12 years who successfully complete 43.25the all-terrain vehicle environmental and safety education and training course. new text begin A parent or new text end 43.26 new text begin guardian must be present at the hands-on training portion of the program for youth who are new text end 43.27 new text begin six through ten years of age. new text end 43.28    (b) For the purpose of administering the program and to defray the expenses of training 43.29and certifying vehicle operators, the commissioner shall collect a fee from each person who 43.30receives the training. The commissioner shall collect a fee, to include a $1 issuing fee for 43.31licensing agents, for issuing a duplicate all-terrain vehicle safety certificate. The 44.1commissioner shall establish both fees in a manner that neither significantly overrecovers 44.2nor underrecovers costs, including overhead costs, involved in providing the services. The 44.3fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not 44.4apply. The fees may be established by the commissioner notwithstanding section 16A.1283. 44.5Fee proceeds, except for the issuing fee for licensing agents under this subdivision, shall 44.6be deposited in the all-terrain vehicle account in the natural resources fund and the amount 44.7thereof, except for the electronic licensing system commission established by the 44.8commissioner under section 84.027, subdivision 15, and issuing fees collected by the 44.9commissioner, is appropriated annually to the Enforcement Division of the Department of 44.10Natural Resources for the administration of the programs. In addition to the fee established 44.11by the commissioner, instructors may charge each person up to the established fee amount 44.12for class materials and expenses. 44.13    (c) The commissioner shall cooperate with private organizations and associations, private 44.14and public corporations, and local governmental units in furtherance of the program 44.15established under this section. School districts may cooperate with the commissioner and 44.16volunteer instructors to provide space for the classroom portion of the training. The 44.17commissioner shall consult with the commissioner of public safety in regard to training 44.18program subject matter and performance testing that leads to the certification of vehicle 44.19operators. The commissioner shall incorporate a riding component in the safety education 44.20and training program. 44.21    Sec. 12. Minnesota Statutes 2016, section 84.9256, subdivision 1, is amended to read: 44.22    Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on public 44.23road rights-of-way that is permitted under section 84.928 and as provided under paragraph 44.24(j), a driver's license issued by the state or another state is required to operate an all-terrain 44.25vehicle along or on a public road right-of-way. 44.26    (b) A person under 12 years of age shall not: 44.27    (1) make a direct crossing of a public road right-of-way; 44.28    (2) operate an all-terrain vehicle on a public road right-of-way in the state; or 44.29    (3) operate an all-terrain vehicle on public lands or waters, except as provided in 44.30paragraph (f). 44.31    (c) Except for public road rights-of-way of interstate highways, a person 12 years of age 44.32but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, 44.33county state-aid, or county highway or operate on public lands and waters or state or 45.1grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate 45.2issued by the commissioner and is accompanied by a person 18 years of age or older who 45.3holds a valid driver's license. 45.4    (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old, 45.5but less than 16 years old, must: 45.6    (1) successfully complete the safety education and training program under section 84.925, 45.7subdivision 1, including a riding component; and 45.8    (2) be able to properly reach and control the handle bars and reach the foot pegs while 45.9sitting upright on the seat of the all-terrain vehicle. 45.10    (e) A person at least 11 new text begin six new text end years of age may take the safety education and training 45.11program and may receive an all-terrain vehicle safety certificate under paragraph (d), but 45.12the certificate is not valid until the person reaches age 12. 45.13    (f) A person at least ten years of age but under 12 years of age may operate an all-terrain 45.14vehicle with an engine capacity up to 90cc new text begin 110cc if the vehicle is a class 1 all-terrain vehicle new text end 45.15 new text begin with straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with new text end 45.16 new text begin side-by-side-style seating new text end on public lands or waters if accompanied by a parent or legal 45.17guardian. 45.18    (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle. 45.19    (h) A person under the age of 16 may not operate an all-terrain vehicle on public lands 45.20or waters or on state or grant-in-aid trails if the person cannot properly reach and control new text begin : new text end 45.21     new text begin (1) new text end the handle bars and reach the foot pegs while sitting upright on the seat of the 45.22all-terrain vehicle new text begin with straddle-style seating; or new text end 45.23     new text begin (2) the steering wheel and foot controls of a class 1 all-terrain vehicle with new text end 45.24 new text begin side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged new text end . 45.25(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16 45.26years old, may make a direct crossing of a public road right-of-way of a trunk, county 45.27state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or 45.28state or grant-in-aid trails if: 45.29(1) the nonresident youth has in possession evidence of completing an all-terrain safety 45.30course offered by the ATV Safety Institute or another state as provided in section 84.925, 45.31subdivision 3; and 46.1(2) the nonresident youth is accompanied by a person 18 years of age or older who holds 46.2a valid driver's license. 46.3(j) A person 12 years of age but less than 16 years of age may operate an all-terrain 46.4vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted 46.5under section 84.928 if the person: 46.6(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner; 46.7and 46.8(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle. 46.9    Sec. 13. Minnesota Statutes 2016, section 84.9256, subdivision 2, is amended to read: 46.10    Subd. 2. Helmet and seat belts required. (a) A person less than 18 years of age shall 46.11not ride as a passenger or as an operator of an all-terrain vehicle on public land, public 46.12waters, or on a public road right-of-way unless wearing a safety helmet approved by the 46.13commissioner of public safety. 46.14    (b) A person less than 18 years of age shall not ride as a passenger or as an operator of 46.15a class 2 new text begin an new text end all-terrain vehicle without wearing a seat belt when provided by the manufacturer. 46.16    Sec. 14. Minnesota Statutes 2016, section 84.9275, subdivision 1, is amended to read: 46.17    Subdivision 1. Pass required; fee. (a) A tribal member exempt from registration under 46.18section 84.922, subdivision 1a, clause (2), or a nonresident may not operate an all-terrain 46.19vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid 46.20nonresident all-terrain vehicle state trail pass in immediate possession. The pass must be 46.21available for inspection by a peace officer, a conservation officer, or an employee designated 46.22under section 84.0835. 46.23(b) The commissioner of natural resources shall issue a pass upon application and payment 46.24of a $20 new text begin $30 new text end fee. The pass is valid from January 1 through December 31. Fees collected 46.25under this section, except for the issuing fee for licensing agents, shall be deposited in the 46.26state treasury and credited to the all-terrain vehicle account in the natural resources fund 46.27and, except for the electronic licensing system commission established by the commissioner 46.28under section 84.027, subdivision 15, must be used for grants-in-aid to counties and 46.29municipalities for all-terrain vehicle organizations to construct and maintain all-terrain 46.30vehicle trails and use areas. 46.31    (c) A nonresident all-terrain vehicle state trail pass is not required for: 47.1    (1) an all-terrain vehicle that is owned and used by the United States, another state, or 47.2a political subdivision thereof that is exempt from registration under section 84.922, 47.3subdivision 1a; 47.4    (2) a person operating an all-terrain vehicle only on the portion of a trail that is owned 47.5by the person or the person's spouse, child, or parent; or 47.6(3) a nonresident operating an all-terrain vehicle that is registered according to section 47.784.922 . 47.8    Sec. 15. Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read: 47.9    Subd. 2. Standards. (a) An appropriation for asset preservation may be used only for a 47.10capital expenditure on a capital asset previously owned by the state, within the meaning of 47.11generally accepted accounting principles as applied to public expenditures. The commissioner 47.12of natural resources will consult with the commissioner of management and budget to the 47.13extent necessary to ensure this and will furnish the commissioner of management and budget 47.14a list of projects to be financed from the account in order of their priority. The legislature 47.15assumes that many projects for preservation and replacement of portions of existing capital 47.16assets will constitute betterments and capital improvements within the meaning of the 47.17Constitution and capital expenditures under generally accepted accounting principles, and 47.18will be financed more efficiently and economically under this section than by direct 47.19appropriations for specific projects. 47.20(b) An appropriation for asset preservation must not be used to acquire land or to acquire 47.21or construct buildings or other facilities. 47.22(c) Capital budget expenditures for natural resource asset preservation and replacement 47.23projects must be for one or more of the following types of capital projects that support the 47.24existing programmatic mission of the department: code compliance including health and 47.25safety, Americans with Disabilities Act requirements, hazardous material abatement, access 47.26improvement, or air quality improvement; building energy efficiency improvements using 47.27current best practices; building or infrastructure repairs necessary to preserve the interior 47.28and exterior of existing buildings; new text begin projects to remove life safety hazards such as building new text end 47.29 new text begin code violations or structural defects; new text end or renovation of other existing improvements to land, 47.30including but not limited to trails and bridges. 47.31(d) Up to ten percent of an appropriation awarded under this section may be used for 47.32design costs for projects eligible to be funded from this account in anticipation of future 47.33funding from the account. 48.1    Sec. 16. Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to 48.2read: 48.3     new text begin Subd. 4. new text end new text begin Priorities; report. new text end new text begin The commissioner of natural resources must establish new text end 48.4 new text begin priorities for natural resource asset preservation and replacement projects. By January 15 new text end 48.5 new text begin each year, the commissioner must submit to the commissioner of management and budget new text end 48.6 new text begin a list of the projects that have been paid for with money from a natural resource asset new text end 48.7 new text begin preservation and replacement appropriation during the preceding calendar year. new text end 48.8    Sec. 17. Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read: 48.9    Subd. 3. Training and mentoring. The commissioner must develop and implement a 48.10training program that adequately prepares Minnesota Naturalist Corps members for the 48.11tasks assigned. Each corps member shall be new text begin is new text end assigned a state park new text begin an interpretive new text end naturalist 48.12as a mentor. 48.13    Sec. 18. Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read: 48.14    Subd. 4. Uniform patch new text begin pin new text end . Uniforms worn by members of the Minnesota Naturalist 48.15Corps must have a patch new text begin pin new text end that includes the name of the Minnesota Naturalist Corps and 48.16information that the program is funded by the clean water, land, and legacy amendment to 48.17the Minnesota Constitution adopted by the voters in November 2008. 48.18    Sec. 19. Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read: 48.19    Subd. 5. Eligibility. A person is eligible to enroll in the Minnesota Naturalist Corps if 48.20the person: 48.21(1) is a permanent resident of the state; 48.22(2) is a participant in an approved college internship program or has a postsecondary 48.23degree in a new text begin field related to new text end natural resource new text begin resources, cultural history, interpretation, new text end or 48.24conservation related field; and 48.25(3) has completed at least one year of postsecondary education. 48.26    Sec. 20. Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read: 48.27    Subd. 6. Corps member status. Minnesota Naturalist Corps members are not eligible 48.28for unemployment benefits if their services are excluded under section , subdivision 48.2920, and are not eligible for other benefits except workers' compensation. The corps members 48.30are not employees of the state within the meaning of section 43A.02, subdivision 21. 49.1    Sec. 21. Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read: 49.2    Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested 49.3waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b), 49.4(c), or (d), and section 97C.341. 49.5    (b) In waters that are listed as infested waters, except those listed as infested with 49.6prohibited invasive species of fish or certifiable diseases of fish, as defined under section 49.717.4982, subdivision 6 , taking wild animals may be permitted for: 49.8    (1) commercial taking of wild animals for bait and aquatic farm purposes as provided 49.9in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and 49.10    (2) bait purposes for noncommercial personal use in waters that contain Eurasian 49.11watermilfoil, when the infested waters are listed solely because they contain Eurasian 49.12watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not 49.13exceeding 16 inches in diameter and 32 inches in length. 49.14(c) In streams or rivers that are listed as infested waters, except those listed as infested 49.15with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest 49.16of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by 49.17hook and line for noncommercial personal use is allowed as follows: 49.18(1) fish taken under this paragraph must be used on the same body of water where caught 49.19and while still on that water body. Where the river or stream is divided by barriers such as 49.20dams, the fish must be caught and used on the same section of the river or stream; 49.21(2) fish taken under this paragraph may not be transported live from or off the water 49.22body; 49.23(3) fish harvested under this paragraph may only be used in accordance with this section; 49.24(4) any other use of wild animals used for bait from infested waters is prohibited; 49.25(5) fish taken under this paragraph must meet all other size restrictions and requirements 49.26as established in rules; and 49.27(6) all species listed under this paragraph shall be included in the person's daily limit as 49.28established in rules, if applicable. 49.29(d) In the Mississippi River downstream of St. Anthony Falls and the St. Croix River 49.30downstream of the dam at Taylors Falls, including portions described as 49.31Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items 50.1A and B, the harvest of gizzard shad by cast net for noncommercial personal use as bait for 50.2angling, as provided in a permit issued under section 84D.11, is allowed as follows: 50.3    (1) nontarget species must immediately be returned to the water; 50.4(2) gizzard shad taken under this paragraph must be used on the same body of water 50.5where caught and while still on that water body. Where the river is divided by barriers such 50.6as dams, the gizzard shad must be caught and used on the same section of the river; 50.7(3) gizzard shad taken under this paragraph may not be transported off the water body; 50.8and 50.9(4) gizzard shad harvested under this paragraph may only be used in accordance with 50.10this section. 50.11This paragraph expires December 1, 2017. 50.12    (e) Equipment authorized for minnow harvest in a listed infested water by permit issued 50.13under paragraph (b) may not be transported to, or used in, any waters other than waters 50.14specified in the permit. 50.15 new text begin (f) Bait intended for sale may not be held in infested water after taking and before sale, new text end 50.16 new text begin unless authorized under a license or permit according to Minnesota Rules, part 6216.0500. new text end 50.17    Sec. 22. Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read: 50.18    Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting restrictions 50.19in infested and noninfested waters. (a) All nets, traps, buoys, anchors, stakes, and lines 50.20used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that 50.21is listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined 50.22in section 17.4982, may not be used in any other waters. If a commercial licensee operates 50.23in an infested water listed because it contains invasive fish, invertebrates, or certifiable 50.24diseases, as defined in section , all nets, traps, buoys, anchors, stakes, and lines used 50.25for commercial fishing or turtle, frog, or crayfish harvesting in waters listed as infested with 50.26invasive fish, invertebrates, or certifiable diseases, as defined in section , must be 50.27tagged with tags provided by the commissioner, as specified in the commercial licensee's 50.28license or permit. new text begin Tagged gear must not be used in water bodies other than those specified new text end 50.29 new text begin in the license or permit. The permit may authorize department staff to remove tags after the new text end 50.30 new text begin gear is decontaminated. new text end This tagging requirement does not apply to commercial fishing 50.31equipment used in Lake Superior. 51.1(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, 51.2frog, or crayfish harvesting in an infested water that is listed solely because it contains 51.3Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum 51.4of two days before they are used in any other waters, except as provided in this paragraph. 51.5Commercial licensees must notify the department's regional or area fisheries office or a 51.6conservation officer before removing nets or equipment from an infested water listed solely 51.7because it contains Eurasian watermilfoil and before resetting those nets or equipment in 51.8any other waters. Upon notification, the commissioner may authorize a commercial licensee 51.9to move nets or equipment to another water without freezing or drying, if that water is listed 51.10as infested solely because it contains Eurasian watermilfoil. 51.11(c) A commercial licensee must remove all aquatic macrophytes from nets and other 51.12equipment before placing the equipment into waters of the state. 51.13(d) The commissioner shall provide a commercial licensee with a current listing of listed 51.14infested waters at the time that a license or permit is issued. 51.15    Sec. 23. Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read: 51.16    Subdivision 1. Classes. The commissioner shall, as provided in this chapter, classify 51.17nonnative species of aquatic plants and wild animals new text begin , including subspecies, genotypes, new text end 51.18 new text begin cultivars, hybrids, or genera of nonnative species, new text end according to the following categories: 51.19(1) prohibited invasive species, which may not be possessed, imported, purchased, sold, 51.20propagated, transported, or introduced except as provided in section 84D.05; 51.21(2) regulated invasive species, which may not be introduced except as provided in section 51.2284D.07 ; 51.23(3) unlisted nonnative species, which are subject to the classification procedure in section 51.2484D.06 ; and 51.25(4) unregulated nonnative species, which are not subject to regulation under this chapter. 51.26    Sec. 24. Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read: 51.27    Subdivision 1. Prohibited activities. A person may not possess, import, purchase, sell, 51.28propagate, transport, or introduce a prohibited invasive species, except: 51.29(1) under a permit issued by the commissioner under section 84D.11; 51.30(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88; 51.31(3) under a restricted species permit issued under section 17.457; 52.1(4) when being transported to the department, or another destination as the commissioner 52.2may direct, in a sealed container for purposes of identifying the species or reporting the 52.3presence of the species; 52.4(5) when being transported for disposal as part of a harvest or control activity when 52.5specifically authorized under a permit issued by the commissioner according to section 52.6103G.615 , when being transported for disposal as specified under a commercial fishing 52.7license issued by the commissioner according to section 97A.418, 97C.801, 97C.811, 52.897C.825 , 97C.831, or 97C.835, or when being transported as specified by the commissioner; 52.9(6) when being removed from watercraft and equipment, or caught while angling, and 52.10immediately returned to the water from which they came; or 52.11 new text begin (7) when being transported from riparian property to a legal disposal site that is at least new text end 52.12 new text begin 100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited new text end 52.13 new text begin invasive species are in a covered commercial vehicle specifically designed and used for new text end 52.14 new text begin hauling trash; or new text end 52.15(7) new text begin (8) new text end as the commissioner may otherwise prescribe by rule. 52.16    Sec. 25. Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read: 52.17    Subd. 2a. Lake Minnetonka pilot study. (a) The commissioner may issue an additional 52.18permit to service providers to return to Lake Minnetonka water-related equipment with 52.19zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired. 52.20The permit must include verification and documentation requirements and any other 52.21conditions the commissioner deems necessary. 52.22(b) Water-related equipment with zebra mussels attached may be returned only to Lake 52.23Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted 52.24under subdivision 1. 52.25(c) The service provider's place of business must be within the Lake Minnetonka 52.26Conservation District as established according to sections 103B.601 to 103B.645 new text begin or within new text end 52.27 new text begin a municipality immediately bordering the Lake Minnetonka Conservation District's new text end 52.28 new text begin boundaries new text end . 52.29(d) A service provider applying for a permit under this subdivision must, if approved 52.30for a permit and before the permit is valid, furnish a corporate surety bond in favor of the 52.31state for $50,000 payable upon violation of this chapter new text begin while the service provider is acting new text end 52.32 new text begin under a permit issued according to this subdivision new text end . 53.1(e) This subdivision expires December 1, 2018 new text begin 2019 new text end . 53.2    Sec. 26. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision 53.3to read: 53.4     new text begin Subd. 2b. new text end new text begin Gull Lake pilot study. new text end new text begin (a) The commissioner may include an additional new text end 53.5 new text begin targeted pilot study to include water-related equipment with zebra mussels attached for the new text end 53.6 new text begin Gull Narrows State Water Access Site, Government Point State Water Access Site, and new text end 53.7 new text begin Gull East State Water Access Site on Gull Lake (DNR Division of Waters number 11-0305) new text end 53.8 new text begin in Cass and Crow Wing Counties using the same authorities, general procedures, and new text end 53.9 new text begin requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake service new text end 53.10 new text begin providers participating in the Gull Lake targeted pilot study place of business must be located new text end 53.11 new text begin in Cass or Crow Wing County. new text end 53.12 new text begin (b) If an additional targeted pilot project for Gull Lake is implemented under this section, new text end 53.13 new text begin the report to the chairs and ranking minority members of the senate and house of new text end 53.14 new text begin representatives committees having jurisdiction over natural resources required under Laws new text end 53.15 new text begin 2016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study new text end 53.16 new text begin recommendations and assessments. new text end 53.17 new text begin (c) This subdivision expires December 1, 2019. new text end 53.18    Sec. 27. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision 53.19to read: 53.20     new text begin Subd. 2c. new text end new text begin Cross Lake pilot study. new text end new text begin (a) The commissioner may include an additional new text end 53.21 new text begin targeted pilot study to include water-related equipment with zebra mussels attached for the new text end 53.22 new text begin Cross Lake #1 State Water Access Site on Cross Lake (DNR Division of Waters number new text end 53.23 new text begin 18-0312) in Crow Wing County using the same authorities, general procedures, and new text end 53.24 new text begin requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The place new text end 53.25 new text begin of business of lake service providers participating in the Cross Lake targeted pilot study new text end 53.26 new text begin must be located in Cass or Crow Wing County. new text end 53.27 new text begin (b) If an additional targeted pilot project for Cross Lake is implemented under this new text end 53.28 new text begin section, the report to the chairs and ranking minority members of the senate and house of new text end 53.29 new text begin representatives committees having jurisdiction over natural resources required under Laws new text end 53.30 new text begin 2016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot new text end 53.31 new text begin study recommendations and assessments. new text end 53.32 new text begin (c) This subdivision expires December 1, 2019. new text end 54.1    Sec. 28. Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to 54.2read: 54.3     new text begin Subd. 1a. new text end new text begin Permit for invasive carp. new text end new text begin The commissioner may issue a permit to new text end 54.4 new text begin departmental divisions for tagging bighead, black, grass, or silver carp for research or new text end 54.5 new text begin control. Under the permit, the carp may be released into the water body from which the carp new text end 54.6 new text begin was captured. This subdivision expires December 31, 2021. new text end 54.7    Sec. 29. new text begin [85.0507] FORT RIDGELY GOLF COURSE; GOLF CARTS. new text end 54.8 new text begin The commissioner may by contract, concession agreement, or lease, authorize the use new text end 54.9 new text begin of golf carts on the golf course at Fort Ridgely State Park. new text end 54.10    Sec. 30. Minnesota Statutes 2016, section 85.052, subdivision 1, is amended to read: 54.11    Subdivision 1. Authority to establish. (a) The commissioner may establish, by written 54.12order, provisions for the use of state parks for the following: 54.13(1) special parking space for automobiles or other motor-driven vehicles in a state park 54.14or state recreation area; 54.15(2) special parking spurs, campgrounds for automobiles, sites for tent camping, new text begin other new text end 54.16 new text begin types of lodging, camping, or day use facilities, new text end and special auto trailer coach parking spaces, 54.17for the use of the individual charged for the space new text begin or facility new text end ; 54.18(3) improvement and maintenance of golf courses already established in state parks, and 54.19charging reasonable use fees; and 54.20(4) providing water, sewer, and electric service to trailer or tent campsites and charging 54.21a reasonable use fee. 54.22(b) Provisions established under paragraph (a) are exempt from section 16A.1283 and 54.23the rulemaking provisions of chapter 14. Section 14.386 does not apply. 54.24 new text begin (c) For the purposes of this subdivision, "lodging" means an enclosed shelter, room, or new text end 54.25 new text begin building with furnishings for overnight use. new text end 54.26    Sec. 31. Minnesota Statutes 2016, section 85.053, subdivision 8, is amended to read: 54.27    Subd. 8. new text begin Free permit; new text end military personnel; exemption. (a) A one-day permit, new text begin Annual new text end 54.28 new text begin permits new text end under subdivision 4, shall new text begin 1 must new text end be issued without a fee for a motor vehicle being 54.29used by a person who is serving in new text begin to new text end active military service new text begin personnel new text end in any branch or unit 54.30of the United States armed forces and who is stationed outside Minnesota, during the period 55.1of active service and for 90 days immediately thereafter, if the new text begin or their dependents and to new text end 55.2 new text begin recipients of a Purple Heart medal. To qualify for a free permit under this subdivision, a new text end 55.3person presents the person's current military orders new text begin must present qualifying military new text end 55.4 new text begin identification or an annual pass for the United States military issued through the National new text end 55.5 new text begin Parks and Federal Recreational Lands Pass program new text end to the park attendant on duty or other 55.6designee of the commissioner. 55.7    (b) For purposes of this section, "active service" has the meaning given under section 55.8190.05, subdivision 5c , when performed outside Minnesota new text begin subdivision, the commissioner new text end 55.9 new text begin shall establish what constitutes qualifying military identification in the State Register new text end . 55.10(c) A permit is not required for a motor vehicle being used by military personnel or their 55.11dependents who have in their possession the annual pass for United States military and their 55.12dependents issued by the federal government for access to federal recreation sites new text begin For new text end 55.13 new text begin vehicles permitted under paragraph (a), the permit or decal issued under this subdivision is new text end 55.14 new text begin valid only when displayed on a vehicle owned and occupied by the person to whom the new text end 55.15 new text begin permit is issued new text end . 55.16 new text begin (d) The commissioner may issue a daily vehicle permit free of charge to an individual new text end 55.17 new text begin who qualifies under paragraph (a) and does not own or operate a motor vehicle. new text end 55.18    Sec. 32. Minnesota Statutes 2016, section 85.053, subdivision 10, is amended to read: 55.19    Subd. 10. Free entrance new text begin permit new text end ; disabled veterans. new text begin (a) new text end The commissioner shall issue 55.20an annual park permit for no charge to any veteran with a total and permanent 55.21service-connected disability, and a daily park permit to any resident veteran with any level 55.22of service-connected disability, as determined by the United States Department of Veterans 55.23Affairs, who presents each year a copy of the veteran's determination letter new text begin or other official new text end 55.24 new text begin form of validation issued by the United States Department of Veterans Affairs or the United new text end 55.25 new text begin States Department of Defense new text end to a park attendant or commissioner's designee. For the 55.26purposes of this section new text begin subdivision new text end , "veteran" has the meaning given in section 197.447. 55.27     new text begin (b) For vehicles permitted under paragraph (a), the permit or decal issued under this new text end 55.28 new text begin subdivision is valid only when displayed on a vehicle owned and occupied by the person new text end 55.29 new text begin to whom the permit is issued. new text end 55.30     new text begin (c) The commissioner may issue a daily vehicle permit free of charge to an individual new text end 55.31 new text begin who qualifies under paragraph (a) and does not own or operate a motor vehicle. new text end 56.1    Sec. 33. Minnesota Statutes 2016, section 85.054, is amended by adding a subdivision to 56.2read: 56.3     new text begin Subd. 19. new text end new text begin Fort Ridgely golf course. new text end new text begin The commissioner may by contract, concession new text end 56.4 new text begin agreement, or lease waive a state park permit and associated fee for motor vehicle entry or new text end 56.5 new text begin parking for persons playing golf at the Fort Ridgely State Park golf course provided that new text end 56.6 new text begin the contract, concession agreement, or lease payment to the state is set, in part, to compensate new text end 56.7 new text begin the state park system for the loss of the state park fees. new text end 56.8    Sec. 34. Minnesota Statutes 2016, section 85.055, subdivision 1, is amended to read: 56.9    Subdivision 1. Fees. The fee for state park permits for: 56.10(1) an annual use of state parks is $25 new text begin $35 new text end ; 56.11(2) a second or subsequent vehicle state park permit is $18 new text begin $26 new text end ; 56.12(3) a state park permit valid for one day is $5 new text begin $7 new text end ; 56.13(4) a daily vehicle state park permit for groups is $3 new text begin $5 new text end ; 56.14(5) an annual permit for motorcycles is $20 new text begin $30 new text end ; 56.15(6) an employee's state park permit is without charge; and 56.16(7) a state park permit for persons with disabilities under section 85.053, subdivision 7, 56.17paragraph (a), clauses (1) to (3), is $12. 56.18The fees specified in this subdivision include any sales tax required by state law. 56.19    Sec. 35. Minnesota Statutes 2016, section 85.22, subdivision 2a, is amended to read: 56.20    Subd. 2a. Receipts, appropriation. All receipts derived from the rental or sale of state 56.21park items, tours at Forestville Mystery Cave State Park, new text begin interpretation programs, educational new text end 56.22 new text begin programs, new text end and operation of Douglas Lodge shall be deposited in the state treasury and be 56.23credited to the state parks working capital account. Receipts and expenses from Douglas 56.24Lodge shall be tracked separately within the account. Money in the account is annually 56.25appropriated for the purchase and payment of expenses attributable to items for resale or 56.26rental and operation of Douglas Lodge. Any excess receipts in this account are annually 56.27appropriated for state park management and interpretive programs. 56.28    Sec. 36. Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read: 56.29    Subdivision 1. Areas marked new text begin Designation new text end . The commissioner of natural resources is 56.30authorized in cooperation with local units of government and private individuals and groups 57.1when feasible to mark new text begin manage new text end state water trails on new text begin the Lake Superior water trail under new text end 57.2 new text begin section 85.0155 and on new text end the new text begin following rivers, which have historic, recreational, and scenic new text end 57.3 new text begin values: new text end Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, 57.4Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, 57.5Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa 57.6from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River 57.7of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock, and new text begin Vermilion in new text end 57.8 new text begin St. Louis County, North Fork of the Crow, and South Fork of the new text end Crow Rivers, which have 57.9historic and scenic values, and to mark appropriately new text begin . The commissioner may map and sign new text end 57.10points of interest, new text begin public water access sites, new text end portages, camp sites, and all dams, rapids, 57.11waterfalls, whirlpools, and other serious hazards that are dangerous to canoe, kayak, and 57.12watercraft travelers. new text begin The commissioner may maintain passageway for watercraft on state new text end 57.13 new text begin water trails. new text end 57.14    Sec. 37. new text begin [85.47] SPECIAL USE PERMITS; FEES. new text end 57.15 new text begin Fees collected for special use permits to use state trails not on state forest, state park, or new text end 57.16 new text begin state recreation area lands and for use of state water access sites must be deposited in the new text end 57.17 new text begin natural resources fund. new text end 57.18    Sec. 38. Minnesota Statutes 2016, section 86B.301, subdivision 2, is amended to read: 57.19    Subd. 2. Exemptions. A watercraft license is not required for: 57.20(1) a watercraft that is covered by a license or number in full force and effect under 57.21federal law or a federally approved licensing or numbering system of another state, new text begin or a new text end 57.22 new text begin watercraft that is owned by a person from another state and that state does not require new text end 57.23 new text begin licensing that type of watercraft, new text end and new text begin the watercraft new text end has not been within this state for more 57.24than 90 consecutive days, which does not include days that a watercraft is laid up at dock 57.25over winter or for repairs at a Lake Superior port or another port in the state; 57.26(2) a watercraft from a country other than the United States that has not been within this 57.27state for more than 90 consecutive days, which does not include days that a watercraft is 57.28laid up at dock over winter or for repairs at a Lake Superior port or another port in the state; 57.29(3) a watercraft owned by the United States, an Indian tribal government, a state, or a 57.30political subdivision of a state, except watercraft used for recreational purposes; 57.31(4) a ship's lifeboat; 58.1(5) a watercraft that has been issued a valid marine document by the United States 58.2government; 58.3(6) a waterfowl boat during waterfowl-hunting season; 58.4(7) a rice boat during the harvest season; 58.5(8) a seaplane; 58.6(9) a nonmotorized watercraft ten feet in length or less; and 58.7(10) a watercraft that is covered by a valid license or number issued by a federally 58.8recognized Indian tribe in the state under a federally approved licensing or numbering system 58.9and that is owned by a member of that tribe. 58.10    Sec. 39. Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read: 58.11    Subdivision 1. General requirements. (a) In addition to requirements of other laws 58.12relating to watercraft, a person may not operate or permit the operation of a personal 58.13watercraft: 58.14(1) without each person on board the personal watercraft wearing a United States Coast 58.15Guard (USCG) approved wearable personal flotation device with a new text begin that is approved by the new text end 58.16 new text begin United States Coast Guard (USCG) and has a new text end USCG label indicating it new text begin the flotation device new text end 58.17either is approved for or does not prohibit use with personal watercraft or water skiing; 58.18(2) between one hour before sunset and 9:30 a.m.; 58.19(3) at greater than slow-no wake speed within 150 feet of: 58.20(i) a shoreline; 58.21(ii) a dock; 58.22(iii) a swimmer; 58.23(iv) a raft used for swimming or diving; or 58.24(v) a moored, anchored, or nonmotorized watercraft; 58.25(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other 58.26device unless: 58.27(i) an observer is on board; or 58.28(ii) the personal watercraft is equipped with factory-installed or factory-specified 58.29accessory mirrors that give the operator a wide field of vision to the rear; 59.1(5) without the lanyard-type engine cutoff switch being attached to the person, clothing, 59.2or personal flotation device of the operator, if the personal watercraft is equipped by the 59.3manufacturer with such a device; 59.4(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or 59.5tampered with so as to interfere with the return-to-idle system; 59.6(7) to chase or harass wildlife; 59.7(8) through emergent or floating vegetation at other than a slow-no wake speed; 59.8(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property, 59.9including weaving through congested watercraft traffic, jumping the wake of another 59.10watercraft within 150 feet of the other watercraft, or operating the watercraft while facing 59.11backwards; 59.12(10) in any other manner that is not reasonable and prudent; or 59.13(11) without a personal watercraft rules decal, issued by the commissioner, attached to 59.14the personal watercraft so as to be in full view of the operator. 59.15(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft 59.16to launch or land a person on water skis, a kneeboard, or similar device by the most direct 59.17route to open water. 59.18    Sec. 40. Minnesota Statutes 2016, section 86B.701, subdivision 3, is amended to read: 59.19    Subd. 3. Allocation of funding. (a) new text begin Notwithstanding section 16A.41, expenditures new text end 59.20 new text begin directly related to each appropriation's purpose made on or after January 1 of the fiscal year new text end 59.21 new text begin in which the grant is made or the date of work plan approval, whichever is later, are eligible new text end 59.22 new text begin for reimbursement unless otherwise provided. new text end 59.23 new text begin (b) new text end The amount of funds to be allocated under subdivisions 1 and 2 and shall be 59.24determined by the commissioner on the basis of the following criteria: 59.25(1) the number of watercraft using the waters wholly or partially within the county; 59.26(2) the number of watercraft using particular bodies of water, wholly or partially within 59.27the county, in relation to the size of the body of water and the type, speed, and size of the 59.28watercraft utilizing the water body; 59.29(3) the amount of water acreage wholly or partially within the county; 59.30(4) the overall performance of the county in the area of boat and water safety; 60.1(5) special considerations, such as volume of transient or nonresident watercraft use, 60.2number of rental watercraft, extremely large bodies of water wholly or partially in the 60.3county; or 60.4(6) any other factor as determined by the commissioner. 60.5(b) new text begin (c) new text end The commissioner may require reports from the counties, make appropriate 60.6surveys or studies, or utilize local surveys or studies to determine the criteria required in 60.7allocation funds. 60.8    Sec. 41. Minnesota Statutes 2016, section 88.01, subdivision 28, is amended to read: 60.9    Subd. 28. Prescribed burn. "Prescribed burn" means a fire that is intentionally ignited, 60.10managed, and controlled new text begin for the purpose of managing forests, prairies, or wildlife habitats new text end 60.11by an entity meeting certification requirements established by the commissioner for the 60.12purpose of managing vegetation. A prescribed burn that has exceeded its prescribed 60.13boundaries and requires new text begin immediate new text end suppression action new text begin by a local fire department or other new text end 60.14 new text begin agency with wildfire suppression responsibilities new text end is considered a wildfire. 60.15    Sec. 42. Minnesota Statutes 2016, section 88.523, is amended to read: 60.1688.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS. 60.17Upon application of the owner, any auxiliary forest contract may be made subject to any 60.18provisions of law enacted subsequent to the execution of the contract and in force at the 60.19time of application, so far as not already applicable, with the approval of the county board 60.20and the commissioner of natural resources. A supplemental agreement in a form new text begin format new text end 60.21prescribed by the commissioner and approved by the attorney general must be executed by 60.22the commissioner in behalf of the state and by the owner. The supplemental agreement must 60.23be filed and recorded in like manner as the supplemental contract under section 88.49, 60.24subdivision 9 , and takes effect upon filing and recording. 60.25    Sec. 43. Minnesota Statutes 2016, section 89.39, is amended to read: 60.2689.39 PURCHASE AGREEMENTS AND PENALTIES. 60.27Every individual, partnership, or private corporation to whom any planting stock is 60.28supplied for planting on private land hereunder shall new text begin under sections 89.35 to 89.39 must new text end 60.29execute an agreement, upon a form new text begin in a format new text end approved by the attorney general new text begin new text end 60.30 new text begin commissioner new text end , to comply with all the requirements of sections 89.35 to 89.39 and all 60.31conditions prescribed by the commissioner hereunder new text begin thereunder new text end . Any party to such an 61.1agreement who shall violate any provision thereof shall, new text begin violates the agreement is, new text end in addition 61.2to any other penalties that may be applicable, be liable to the state in a sum equal to three 61.3times the reasonable value of the trees affected by the violation at the time the same new text begin trees new text end 61.4were shipped for planting; provided, that if such new text begin the new text end trees are sold or offered for sale for 61.5any purpose not herein authorized, such new text begin under sections 89.35 to 89.39, the new text end penalty shall be new text begin new text end 61.6 new text begin is new text end equal to three times the sale price. Such new text begin The new text end penalties shall be new text begin are new text end recoverable in a civil 61.7action brought in the name of the state by the attorney general. 61.8    Sec. 44. Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision to 61.9read: 61.10     new text begin Subd. 1a. new text end new text begin Affiliate. new text end new text begin "Affiliate" means a person who: new text end 61.11 new text begin (1) controls, is controlled by, or is under common control with any other person, new text end 61.12 new text begin including, without limitation, a partner, business entity with common ownership, or principal new text end 61.13 new text begin of any business entity or a subsidiary, parent company, or holding company of any person; new text end 61.14 new text begin or new text end 61.15 new text begin (2) bids as a representative for another person. new text end 61.16    Sec. 45. Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read: 61.17    Subd. 8. Permit holder. "Permit holder" means the person new text begin or affiliate of the person new text end who 61.18is the signatory of a permit to cut timber on state lands. 61.19    Sec. 46. Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read: 61.20    Subd. 12. Responsible bidder. "Responsible bidder" means a person new text begin or affiliate of a new text end 61.21 new text begin person new text end who is financially responsible; demonstrates the judgment, skill, ability, capacity, 61.22and integrity requisite and necessary to perform according to the terms of a permit issued 61.23under this chapter; and is not currently debarred by another new text begin a new text end government entity for any 61.24cause. 61.25    Sec. 47. Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read: 61.26    Subd. 2. Trespass on state lands. The commissioner may compromise and settle, with 61.27notification to the attorney general, upon terms the commissioner deems just, any claim of 61.28the state for casual and involuntary trespass upon state lands or timber; provided that no 61.29claim shall be settled for less than the full value of all timber or other materials taken in 61.30casual trespass or the full amount of all actual damage or loss suffered by the state as a 61.31result. Upon request, the commissioner shall advise the Executive Council of any information 62.1acquired by the commissioner concerning any trespass on state lands, giving all details and 62.2names of witnesses and all compromises and settlements made under this subdivision. 62.3    Sec. 48. Minnesota Statutes 2016, section 90.051, is amended to read: 62.490.051 SUPERVISION OF SALES; BOND. 62.5The department employee delegated to supervise state timber appraisals and sales shall 62.6be bonded in a form to be prescribed by the attorney general new text begin commissioner new text end and in the sum 62.7of not less than $25,000, conditioned upon the faithful and honest performance of duties. 62.8    Sec. 49. Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read: 62.9    Subd. 2. Sale list and notice. At least 30 days before the date of sale, the commissioner 62.10shall compile a list containing a description of each tract of land upon which any timber to 62.11be offered is situated and a statement of the estimated quantity of timber and of the appraised 62.12price of each kind of timber thereon as shown by the report of the state appraiser. No 62.13description shall be added after the list is posted and no timber shall be sold from land not 62.14described in the list. Copies of the list shall new text begin must new text end be furnished to all interested applicants. 62.15 new text begin At least 30 days before the date of sale, new text end a copy of the list shall new text begin must new text end be new text begin posted on the Internet new text end 62.16 new text begin or new text end conspicuously posted in the forest office or other public facility most accessible to potential 62.17bidders at least 30 days prior to the date of sale. The commissioner shall cause a notice to 62.18be published once not less than one week before the date of sale in a legal newspaper in the 62.19county or counties where the land is situated. The notice shall state the time and place of 62.20the sale and the location at which further information regarding the sale may be obtained. 62.21The commissioner may give other published or posted notice as the commissioner deems 62.22proper to reach prospective bidders. 62.23    Sec. 50. Minnesota Statutes 2016, section 90.14, is amended to read: 62.2490.14 AUCTION SALE PROCEDURE. 62.25(a) All state timber shall be offered and sold by the same unit of measurement as it was 62.26appraised. No tract shall be sold to any person other than the purchaser new text begin responsible bidder new text end 62.27in whose name the bid was made. The commissioner may refuse to approve any and all bids 62.28received and cancel a sale of state timber for good and sufficient reasons. 62.29(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid, 62.30or, if unsold at public auction, at the time of purchase at a subsequent sale under section 62.3190.101 , subdivision 1, pay to the commissioner a down payment of 15 percent of the 62.32appraised value. In case any purchaser fails to make such payment, the purchaser shall be 63.1liable therefor to the state in a civil action, and the commissioner may reoffer the timber 63.2for sale as though no bid or sale under section 90.101, subdivision 1, therefor had been 63.3made. 63.4(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state 63.5timber may, at the time of payment by the purchaser to the commissioner of 15 percent of 63.6the appraised value, elect in writing on a form new text begin format new text end prescribed by the attorney general new text begin new text end 63.7 new text begin commissioner new text end to purchase a permit based solely on the appraiser's estimate of the volume 63.8of timber described in the permit, provided that the commissioner has expressly designated 63.9the availability of such option for that tract on the list of tracts available for sale as required 63.10under section 90.101. A purchaser who elects in writing on a form new text begin format new text end prescribed by the 63.11attorney general new text begin commissioner new text end to purchase a permit based solely on the appraiser's estimate 63.12of the volume of timber described on the permit does not have recourse to the provisions 63.13of section 90.281. 63.14(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be 63.15awarded to the high bidder, who shall pay to the commissioner a down payment of 15 63.16percent of the appraised value that must be received or postmarked within 14 days of the 63.17date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser 63.18is liable for the down payment to the state and the commissioner may offer the timber for 63.19sale to the next highest bidder as though no higher bid had been made. 63.20(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued 63.21under section 90.151, the commissioner shall require the purchaser to make a bid guarantee 63.22payment to the commissioner in an amount equal to 15 percent of the total purchase price 63.23of the permit less the down payment amount required by paragraph (b) for any bid increase 63.24in excess of $10,000 of the appraised value. If a required bid guarantee payment is not 63.25submitted with the signed permit, no harvesting may occur, the permit cancels, and the 63.26down payment for timber forfeits to the state. The bid guarantee payment forfeits to the 63.27state if the purchaser and successors in interest fail to execute an effective permit. 63.28    Sec. 51. Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read: 63.29    Subd. 2. Purchaser registration. To facilitate the sale of permits issued under section 63.3090.151 , the commissioner may establish a registration system to verify the qualifications 63.31of a person new text begin or affiliate new text end as a responsible bidder to purchase a timber permit. Any system 63.32implemented by the commissioner shall be limited in scope to only that information that is 63.33required for the efficient administration of the purchaser qualification requirements of this 64.1chapter. The registration system established under this subdivision is not subject to the 64.2rulemaking provisions of chapter 14 and section 14.386 does not apply. 64.3    Sec. 52. Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read: 64.4    Subdivision 1. Issuance; expiration. (a) Following receipt of the down payment for 64.5state timber required under section 90.14 or 90.191, the commissioner shall issue a numbered 64.6permit to the purchaser, in a form new text begin format new text end approved by the attorney general new text begin commissioner new text end , 64.7by the terms of which the purchaser shall be new text begin is new text end authorized to enter upon the land, and to cut 64.8and remove the timber therein described new text begin in the permit new text end as designated for cutting in the report 64.9of the state appraiser, according to the provisions of this chapter. The permit shall new text begin must new text end be 64.10correctly dated and executed by the commissioner and signed by the purchaser. If a permit 64.11is not signed by the purchaser within 45 days from the date of purchase, the permit cancels 64.12and the down payment for timber required under section 90.14 forfeits to the state. The 64.13commissioner may grant an additional period for the purchaser to sign the permit, not to 64.14exceed ten business days, provided the purchaser pays a $200 penalty fee. 64.15    (b) The permit shall expire new text begin expires new text end no later than five years after the date of sale as the 64.16commissioner shall specify or as specified under section 90.191, and the timber shall new text begin must new text end 64.17be cut and removed within the time specified therein. If additional time is needed, the permit 64.18holder must request, prior to new text begin before new text end the expiration date, and may be granted, for good and 64.19sufficient reasons, up to 90 additional days for the completion of skidding, hauling, and 64.20removing all equipment and buildings. All cut timber, equipment, and buildings not removed 64.21from the land after expiration of the permit becomes the property of the state. 64.22    (c) The commissioner may grant an additional period of time not to exceed 240 days 64.23for the removal of new text begin removing new text end cut timber, equipment, and buildings upon receipt of a written 64.24request by the permit holder for good and sufficient reasons. The permit holder may combine 64.25in the written request under this paragraph the request for additional time under paragraph 64.26(b). 64.27    Sec. 53. Minnesota Statutes 2016, section 90.162, is amended to read: 64.2890.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS. 64.29In lieu of the security deposit equal to the value of all timber covered by the permit 64.30required by section 90.161, a purchaser of state timber may elect in writing on a form new text begin format new text end 64.31prescribed by the attorney general new text begin commissioner new text end to give good and valid surety to the state 64.32of Minnesota equal to the purchase price for any designated cutting block identified on the 65.1permit before the date the purchaser enters upon the land to begin harvesting the timber on 65.2the designated cutting block. 65.3    Sec. 54. Minnesota Statutes 2016, section 90.252, is amended to read: 65.490.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES; 65.5FEES. 65.6    Subdivision 1. Scaling agreement. The commissioner may enter into an agreement with 65.7either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling 65.8of the cut timber and the collection of the payment for the same can be consummated by 65.9the state. Such an new text begin The new text end agreement shall new text begin must new text end be approved as to form and content by the 65.10attorney general new text begin commissioner new text end and shall new text begin must new text end provide for a bond or cash in lieu of a bond 65.11and such other safeguards as are necessary to protect the interests of the state. The scaling 65.12and payment collection procedure may be used for any state timber sale, except that no 65.13permittee who is also the consumer shall both cut and scale the timber sold unless such new text begin the new text end 65.14scaling is supervised by a state scaler. 65.15    Subd. 2. Weight measurement services; fees. The commissioner may enter into an 65.16agreement with the owner or operator of any weight scale inspected, tested, and approved 65.17under chapter 239 to provide weight measurements for the scaling of state timber according 65.18to section 90.251. The agreement shall new text begin must new text end be on a form new text begin in a format new text end prescribed by the 65.19attorney general new text begin commissioner new text end , shall become a new text begin becomes new text end part of the official record of any 65.20state timber permit so scaled, and shall new text begin must new text end contain safeguards that are necessary to protect 65.21the interests of the state. Except as otherwise provided by the commissioner, the cost of any 65.22agreement to provide weight measurement of state timber shall new text begin must new text end be paid by the permit 65.23holder of any state timber permit so measured and the cost shall new text begin must new text end be included in the 65.24statement of the amount due for the permit under section 90.181, subdivision 1. 65.25    Sec. 55. Minnesota Statutes 2016, section 93.25, subdivision 2, is amended to read: 65.26    Subd. 2. Lease requirements. All leases for nonferrous metallic minerals or petroleum 65.27must be approved by the Executive Council, and any other mineral lease issued pursuant 65.28to this section that covers 160 or more acres must be approved by the Executive Council. 65.29The rents, royalties, terms, conditions, and covenants of all such leases shall be fixed by 65.30the commissioner according to rules adopted by the commissioner, but no lease shall be for 65.31a longer term than 50 years, and all rents, royalties, terms, conditions, and covenants shall 65.32be fully set forth in each lease issued. new text begin No lease shall be canceled by the state for failure to new text end 66.1 new text begin meet production requirements prior to the 36th year of the lease. new text end The rents and royalties 66.2shall be credited to the funds as provided in section 93.22. 66.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 66.4 new text begin applies to leases in effect or issued on or after that date. new text end 66.5    Sec. 56. Minnesota Statutes 2016, section 93.47, subdivision 4, is amended to read: 66.6    Subd. 4. Administration and enforcement. The commissioner shall administer and 66.7enforce sections 93.44 to 93.51 and the rules adopted pursuant hereto. In so doing the 66.8commissioner may (1) conduct such investigations and inspections as the commissioner 66.9deems necessary for the proper administration of sections 93.44 to 93.51; (2) enter upon 66.10any parts of the mining areas in connection with any such investigation and inspection 66.11without liability to the operator or landowner provided that reasonable prior notice of 66.12intention to do so shall have been given the operator or landowner; (3) conduct such research 66.13or enter into contracts related to mining areas and the reclamation thereof as may be necessary 66.14to carry out the provisions of sections 93.46 to 93.50 new text begin ; and (4) allocate surplus wetland credits new text end 66.15 new text begin that are approved by the commissioner under a permit to mine on or after July 1, 1991, and new text end 66.16 new text begin that are not otherwise deposited in a state wetland bank new text end . 66.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 1991. new text end 66.18    Sec. 57. Minnesota Statutes 2016, section 93.481, subdivision 2, is amended to read: 66.19    Subd. 2. Commissioner's review; hearing; burden of proof. Within 120 days after 66.20receiving the new text begin an new text end application, or after receiving additional information requested, or after 66.21holding a hearing as provided in this section new text begin the commissioner has deemed complete and new text end 66.22 new text begin filed new text end , the commissioner shall grant the permit applied for, with or without modifications or 66.23conditions, or deny the application new text begin unless a contested case hearing is requested or ordered new text end 66.24 new text begin under section 93.483 new text end . If written objections to the proposed application are filed with the 66.25commissioner within 30 days after the last publication required pursuant to this section or 66.26within seven days after publication in the case of an application to conduct lean ore stockpile 66.27removal, by any person owning property which will be affected by the proposed operation 66.28or by any federal, state, or local governmental agency having responsibilities affected by 66.29the proposed operations, a public hearing shall be held by the commissioner in the locality 66.30of the proposed operations within 30 days of receipt of such written objections and after 66.31appropriate notice and publication of the date, time, and location of the hearing. new text begin The new text end 66.32 new text begin commissioner's decision to grant the permit, with or without modifications, or deny the new text end 66.33 new text begin application constitutes a final order for purposes of section 93.50. new text end The commissioner new text begin in new text end 67.1 new text begin granting a permit with or without modifications new text end shall determine that the reclamation or 67.2restoration planned for the operation complies with lawful requirements and can be 67.3accomplished under available technology and that a proposed reclamation or restoration 67.4technique is practical and workable under available technology. new text begin The commissioner may new text end 67.5 new text begin hold public meetings on the application. new text end 67.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 67.7 new text begin applies to all pending applications submitted before that date. new text end 67.8    Sec. 58. new text begin [93.483] CONTESTED CASE. new text end 67.9     new text begin Subdivision 1. new text end new text begin Petition for contested case hearing. new text end new text begin Any person owning property that new text end 67.10 new text begin will be affected by the proposed operation or any federal, state, or local government having new text end 67.11 new text begin responsibilities affected by the proposed operation identified in the application for a permit new text end 67.12 new text begin to mine under section 93.481 may file a petition with the commissioner to hold a contested new text end 67.13 new text begin case hearing on the completed application. To be considered by the commissioner, a petition new text end 67.14 new text begin must be submitted in writing, must contain the information specified in subdivision 2, and new text end 67.15 new text begin must be submitted to the commissioner within 30 days after the application is deemed new text end 67.16 new text begin complete and filed. In addition, the commissioner may, on the commissioner's own motion, new text end 67.17 new text begin order a contested case hearing on the completed application. new text end 67.18     new text begin Subd. 2. new text end new text begin Petition contents. new text end new text begin (a) A petition for a contested case hearing must include the new text end 67.19 new text begin following information: new text end 67.20 new text begin (1) a statement of reasons or proposed findings supporting the commissioner's decision new text end 67.21 new text begin to hold a contested case hearing pursuant to the criteria in subdivision 3; and new text end 67.22 new text begin (2) a statement of the issues proposed to be addressed by a contested case hearing and new text end 67.23 new text begin the specific relief requested or resolution of the matter. new text end 67.24 new text begin (b) To the extent known by the petitioner, a petition for a contested case hearing may new text end 67.25 new text begin also include: new text end 67.26 new text begin (1) a proposed list of prospective witnesses to be called, including experts, with a brief new text end 67.27 new text begin description of the proposed testimony or a summary of evidence to be presented at a contested new text end 67.28 new text begin case hearing; new text end 67.29 new text begin (2) a proposed list of publications, references, or studies to be introduced and relied new text end 67.30 new text begin upon at a contested case hearing; and new text end 67.31 new text begin (3) an estimate of time required for the petitioner to present the matter at a contested new text end 67.32 new text begin case hearing. new text end 68.1 new text begin (c) A petitioner is not bound or limited to the witnesses, materials, or estimated time new text end 68.2 new text begin identified in the petition if the requested contested case is granted by the commissioner. new text end 68.3 new text begin (d) Any person may serve timely responses to a petition for a contested case hearing. new text end 68.4 new text begin The commissioner shall establish deadlines for responses to be submitted. new text end 68.5     new text begin Subd. 3. new text end new text begin Commissioner's decision to hold hearing. new text end new text begin (a) The commissioner must grant new text end 68.6 new text begin the petition to hold a contested case hearing or order upon the commissioner's own motion new text end 68.7 new text begin that a contested case hearing be held if the commissioner finds that: new text end 68.8 new text begin (1) there is a material issue of fact in dispute concerning the completed application before new text end 68.9 new text begin the commissioner; new text end 68.10 new text begin (2) the commissioner has jurisdiction to make a determination on the disputed material new text end 68.11 new text begin issue of fact; and new text end 68.12 new text begin (3) there is a reasonable basis underlying a disputed material issue of fact so that a new text end 68.13 new text begin contested case hearing would allow the introduction of information that would aid the new text end 68.14 new text begin commissioner in resolving the disputed facts in order to make a final decision on the new text end 68.15 new text begin completed application. new text end 68.16 new text begin (b) The commissioner must make the determination of whether to grant a petition or new text end 68.17 new text begin otherwise order a contested case hearing within 120 days after the commissioner deems the new text end 68.18 new text begin application complete and filed. new text end 68.19     new text begin Subd. 4. new text end new text begin Hearing upon request of applicant. new text end new text begin The applicant may, within 30 days after new text end 68.20 new text begin the application is deemed complete and filed, submit a request for a contested case. Within new text end 68.21 new text begin 30 days of the applicant's request, the commissioner shall grant the petition and initiate the new text end 68.22 new text begin contested case hearing process. new text end 68.23     new text begin Subd. 5. new text end new text begin Scope of hearing. new text end new text begin If the commissioner decides to hold a contested case hearing, new text end 68.24 new text begin the commissioner shall identify the issues to be resolved and limit the scope and conduct new text end 68.25 new text begin of the hearing in accordance with applicable law, due process, and fundamental fairness. new text end 68.26 new text begin The commissioner may, before granting or ordering a contested case hearing, develop a new text end 68.27 new text begin proposed permit or permit conditions to inform the contested case. The contested case new text end 68.28 new text begin hearing must be conducted in accordance with sections 14.57 to 14.62. The final decision new text end 68.29 new text begin by the commissioner to grant, with or without modifications or conditions, or deny the new text end 68.30 new text begin application after a contested case shall constitute a final order for purposes of section 93.50. new text end 68.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 68.32 new text begin applies to all pending applications submitted before that date. new text end 69.1    Sec. 59. Minnesota Statutes 2016, section 93.50, is amended to read: 69.293.50 APPEAL. 69.3Any person aggrieved by any new text begin final new text end order, ruling, or decision of the commissioner may 69.4appeal new text begin obtain judicial review of new text end such order, ruling, or decision in the manner provided in 69.5chapter 14 new text begin under sections 14.63 to 14.69 new text end . 69.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 69.7 new text begin applies to all final orders, rulings, and decisions issued after that date. new text end 69.8    Sec. 60. Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read: 69.9    Subd. 9. Approval by attorney general new text begin commissioner new text end . No exchange of class A land 69.10shall be consummated unless the attorney general shall have given an opinion in writing new text begin new text end 69.11 new text begin commissioner determines new text end that the title to the land proposed to be conveyed to the state is 69.12good and marketable, free from all liens and new text begin , with all new text end encumbrances new text begin identified new text end except 69.13reservations herein authorized. new text begin The commissioner may use title insurance to aid in the title new text end 69.14 new text begin determination. new text end If required by the attorney general new text begin commissioner new text end , the landowner shall new text begin must new text end 69.15submit an abstract of title and make and file with the commissioner an affidavit as to 69.16possession of the land, improvements, liens, and encumbrances thereon, and other matters 69.17affecting the title. 69.18    Sec. 61. Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read: 69.19    Subd. 9. Approval of county attorney. No exchange of class B land shall be 69.20consummated unless the title to the land proposed to be exchanged therefor shall new text begin is new text end first be 69.21approved by the county attorney in like manner as provided for approval by the attorney 69.22general new text begin commissioner new text end in case of class A land. The county attorney's opinion on the title 69.23shall be new text begin is new text end subject to approval by the attorney general new text begin commissioner new text end . 69.24    Sec. 62. Minnesota Statutes 2016, section 97A.015, is amended by adding a subdivision 69.25to read: 69.26     new text begin Subd. 35a. new text end new text begin Portable shelter. new text end new text begin "Portable shelter" means a fish house, dark house, or other new text end 69.27 new text begin shelter that is set on the ice of state waters to provide shelter and that collapses, folds, or is new text end 69.28 new text begin disassembled for transportation. new text end 70.1    Sec. 63. Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read: 70.2    Subd. 39. Protected wild animals. "Protected wild animals" are the following wild 70.3animals: new text begin means new text end big game, small game, game fish, rough fish, minnows, leeches, alewives, 70.4ciscoes, chubs, and lake whitefish, and the subfamily Coregoninae, rainbow smelt, frogs, 70.5turtles, clams, mussels, wolf, mourning doves, new text begin bats, snakes, salamanders, lizards, any animal new text end 70.6 new text begin species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter new text end 70.7 new text begin 6134, new text end and wild animals that are protected by a restriction in the time or manner of taking, 70.8other than a restriction in the use of artificial lights, poison, or motor vehicles. 70.9    Sec. 64. Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read: 70.10    Subd. 43. Rough fish. "Rough fish" means carp, buffalo, sucker, sheepshead, bowfin, 70.11burbot, cisco, gar, goldeye, and bullhead new text begin , except for any fish species listed as endangered, new text end 70.12 new text begin threatened, or of special concern in Minnesota Rules, chapter 6134 new text end . 70.13    Sec. 65. Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read: 70.14    Subd. 45. Small game. "Small game" means game birds, gray squirrel, fox squirrel, 70.15cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, new text begin short-tailed weasel, new text end 70.16 new text begin long-tailed weasel, new text end wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar, 70.17wolverine, muskrat, mink, otter, and beaver. 70.18    Sec. 66. Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read: 70.19    Subd. 52. Unprotected birds. "Unprotected birds" means English sparrow, blackbird, 70.20starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar partridge, 70.21quail other than bobwhite quail, and mute swan. 70.22    Sec. 67. Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read: 70.23    Subd. 53. Unprotected wild animals. "Unprotected wild animals" means wild animals 70.24that are not protected wild animals including weasel, coyote, new text begin plains pocket new text end gopher, porcupine, 70.25striped skunk, and unprotected birds new text begin , except any animal species listed as endangered, new text end 70.26 new text begin threatened, or of special concern in Minnesota Rules, chapter 6134 new text end . 70.27    Sec. 68. Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read: 70.28    Subd. 10. Reciprocal agreements on violations. The commissioner, with the approval 70.29of the attorney general, may enter into reciprocal agreements with game and fish authorities 70.30in other states and the United States government to provide for: 71.1(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents 71.2for violations of game and fish laws committed in signatory jurisdictions which new text begin that new text end result 71.3in license revocation in that jurisdiction; 71.4(2) reporting convictions and license revocations of residents of signatory states for 71.5violations of game and fish laws of Minnesota to game and fish authorities in the 71.6nonresident's state of residence; and 71.7(3) release upon signature without posting of bail for residents of signatory states accused 71.8of game and fish law violations in this state, providing for recovery, in the resident 71.9jurisdiction, of fines levied if the citation is not answered in this state. 71.10As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail. 71.11    Sec. 69. Minnesota Statutes 2016, section 97A.055, subdivision 2, is amended to read: 71.12    Subd. 2. Receipts. The commissioner of management and budget shall credit to the 71.13game and fish fund all money received under the game and fish laws and all income from 71.14state lands acquired by purchase or gift for game or fish purposes, including receipts from: 71.15(1) licenses and permits issued; 71.16(2) fines and forfeited bail; 71.17(3) sales of contraband, wild animals, and other property under the control of the division new text begin , new text end 71.18 new text begin except as provided in section 97A.225, subdivision 8, clause (2) new text end ; 71.19(4) fees from advanced education courses for hunters and trappers; 71.20(5) reimbursements of expenditures by the division; 71.21(6) contributions to the division; and 71.22(7) revenue credited to the game and fish fund under section 297A.94, paragraph (e), 71.23clause (1). 71.24    Sec. 70. Minnesota Statutes 2016, section 97A.075, subdivision 1, is amended to read: 71.25    Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this subdivision, 71.26"deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5), 71.27(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and 71.288, paragraph (b), and licenses issued under section 97B.301, subdivision 4. 71.29    (b) $2 from each annual deer license and $2 annually from the lifetime fish and wildlife 71.30trust fund, established in section 97A.4742, for each license issued under section 97A.473, 72.1subdivision 4 , shall be credited to the deer management account and is appropriated to the 72.2commissioner for deer habitat improvement or deer management programs. 72.3    (c) $1 from each annual deer license and each bear license and $1 annually from the 72.4lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued 72.5under section 97A.473, subdivision 4, shall be credited to the deer and bear management 72.6account and is appropriated to the commissioner for deer and bear management programs, 72.7including a computerized licensing system. 72.8    (d) Fifty cents from each deer license is credited to the emergency deer feeding and wild 72.9cervidae health management account and is appropriated for emergency deer feeding and 72.10wild cervidae health management. Money appropriated for emergency deer feeding and 72.11wild cervidae health management is available until expended. 72.12    When the unencumbered balance in the appropriation for emergency deer feeding and 72.13wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the 72.14unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear 72.15management programs and computerized licensing. 72.16(e) Fifty cents from each annual deer license and 50 cents annually from the lifetime 72.17fish and wildlife trust fund established in section , for each license issued under 72.18section 97A.473, subdivision 4, shall be credited to the wolf management and monitoring 72.19account under subdivision 7. 72.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1 of the year following the year the new text end 72.21 new text begin wolf is delisted under the federal Endangered Species Act. new text end 72.22    Sec. 71. Minnesota Statutes 2016, section 97A.137, subdivision 5, is amended to read: 72.23    Subd. 5. Portable stands. new text begin (a) new text end Prior to the Saturday on or nearest September 16, a portable 72.24stand may be left overnight in a wildlife management area by a person with a valid bear 72.25license who is hunting within 100 yards of a bear bait site that is legally tagged and registered 72.26as prescribed under section 97B.425. Any person leaving a portable stand overnight under 72.27this subdivision must affix a tag with: (1) the person's name and address; (2) the licensee's 72.28driver's license number; or (3) the "MDNR#" license identification number issued to the 72.29licensee. The tag must be affixed to the stand in a manner that it can be read from the ground. 72.30 new text begin (b) From November 1 through December 31, a portable stand may be left overnight by new text end 72.31 new text begin a person possessing a license to take deer in a wildlife management area located in whole new text end 72.32 new text begin or in part north and west of a line described as follows: new text end 73.1 new text begin State Trunk Highway 1 from the west boundary of the state to State Trunk Highway 89; new text end 73.2 new text begin then north along State Trunk Highway 89 to Fourtown; then north on County State-Aid new text end 73.3 new text begin Highway 44, Beltrami County, to County Road 704, Beltrami County; then north on County new text end 73.4 new text begin Road 704 to Dick's Parkway State Forest Road; then north on Dick's Parkway to County new text end 73.5 new text begin State-Aid Highway 5, Roseau County; then north on County State-Aid Highway 5 to new text end 73.6 new text begin Warroad; then north on State Trunk Highway 11 to State Trunk Highway 313; then north new text end 73.7 new text begin on State Trunk Highway 313 to the north boundary of the state. new text end 73.8 new text begin A person leaving a portable stand overnight under this paragraph must affix a tag with: (1) new text end 73.9 new text begin the person's name and address; (2) the licensee's driver's license number; or (3) the "MDNR#" new text end 73.10 new text begin license identification number issued to the licensee. The tag must be affixed to the stand so new text end 73.11 new text begin that it can be read from the ground and must be made of a material sufficient to withstand new text end 73.12 new text begin weather conditions. A person leaving a portable stand overnight in a wildlife management new text end 73.13 new text begin area under this paragraph may not leave more than two portable stands in any one wildlife new text end 73.14 new text begin management area. Unoccupied portable stands left overnight under this paragraph may be new text end 73.15 new text begin used by any member of the public. This paragraph expires December 31, 2019. new text end 73.16    Sec. 72. Minnesota Statutes 2016, section 97A.201, subdivision 2, is amended to read: 73.17    Subd. 2. Duty of county attorneys and peace officers. County attorneys and All peace 73.18officers must enforce the game and fish laws. 73.19    Sec. 73. Minnesota Statutes 2016, section 97A.201, is amended by adding a subdivision 73.20to read: 73.21     new text begin Subd. 3. new text end new text begin Prosecuting authority. new text end new text begin County attorneys are the primary prosecuting authority new text end 73.22 new text begin for violations under section 97A.205, clause (5). Prosecution includes associated civil new text end 73.23 new text begin forfeiture actions provided by law. new text end 73.24    Sec. 74. Minnesota Statutes 2016, section 97A.225, subdivision 8, is amended to read: 73.25    Subd. 8. Proceeds of sale. After determining the expense new text begin The proceeds from the sale new text end 73.26 new text begin after payment of the costs new text end of seizing, new text begin towing, new text end keeping, and selling the property, the 73.27commissioner must pay the new text begin and satisfying valid new text end liens from the proceeds according to the 73.28court order. The remaining proceeds new text begin against the property must be distributed as follows: new text end 73.29 new text begin (1) 70 percent of the money or proceeds new text end shall be deposited in the state treasury and 73.30credited to the game and fish fund new text begin ; and new text end 74.1 new text begin (2) 30 percent of the money or proceeds is considered a cost of forfeiting the property new text end 74.2 new text begin and must be forwarded to the prosecuting authority that handled the forfeiture for deposit new text end 74.3 new text begin as a supplement to its operating fund or similar fund for prosecutorial purposes new text end . 74.4    Sec. 75. Minnesota Statutes 2016, section 97A.301, subdivision 1, is amended to read: 74.5    Subdivision 1. Misdemeanor. Unless a different penalty is prescribed, a person is guilty 74.6of a misdemeanor if that person: 74.7(1) takes, buys, sells, transports or possesses a wild animal in violation of new text begin violates new text end the 74.8game and fish laws; 74.9(2) aids or assists in committing the violation; 74.10(3) knowingly shares in the proceeds of the violation; 74.11(4) fails to perform a duty or comply with a requirement of the game and fish laws; 74.12(5) knowingly makes a false statement related to an affidavit regarding a violation new text begin or new text end 74.13 new text begin requirement new text end of the game and fish laws; or 74.14(6) violates or attempts to violate a rule under the game and fish laws. 74.15    Sec. 76. Minnesota Statutes 2016, section 97A.338, is amended to read: 74.1697A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY. 74.17 new text begin (a) new text end A person who takes, possesses, or transports wild animals over the legal limit, in 74.18closed season, or without a valid license, when the restitution value of the wild animals is 74.19over $1,000 is guilty of a gross overlimit violation. new text begin Except as provided in paragraph (b), new text end a 74.20violation under this section new text begin paragraph new text end is a gross misdemeanor. 74.21 new text begin (b) If a wild animal involved in a gross overlimit violation is listed as a threatened or new text end 74.22 new text begin endangered wild animal, the penalty in paragraph (a) does not apply unless more than one new text end 74.23 new text begin animal is taken, possessed, or transported in violation of the game and fish laws. new text end 74.24    Sec. 77. Minnesota Statutes 2016, section 97A.420, subdivision 1, is amended to read: 74.25    Subdivision 1. Seizure. (a) An enforcement officer shall immediately seize the license 74.26of a person who unlawfully takes, transports, or possesses wild animals when the restitution 74.27value of the wild animals exceeds $500. Except as provided in subdivisions 2, 4, and 5, the 74.28person may not use or obtain any license to take the same type of wild animals involved, 74.29including a duplicate license, until an action is taken under subdivision 6. If the license 74.30seized under this paragraph was for a big game animal, the license seizure applies to all 75.1licenses to take big game issued to the individual. If the license seized under this paragraph 75.2was for small game animals, the license seizure applies to all licenses to take small game 75.3issued to the individual. 75.4(b) In addition to the license seizure under paragraph (a), if the restitution value of the 75.5wild animals unlawfully taken, possessed, or transported is $5,000 new text begin $1,000 new text end or more, all other 75.6game and fish licenses held by the person shall be immediately seized. Except as provided 75.7in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit, 75.8including a duplicate license, until an action is taken under subdivision 6. 75.9(c) A person may not take wild animals covered by a license seized under this subdivision 75.10until an action is taken under subdivision 6. 75.11    Sec. 78. Minnesota Statutes 2016, section 97A.421, subdivision 2a, is amended to read: 75.12    Subd. 2a. Issuance after conviction; gross overlimits. (a) new text begin A person may not obtain a new text end 75.13 new text begin license to take a wild animal and is prohibited from taking wild animals for ten years after new text end 75.14 new text begin the date of conviction of a violation when the restitution value of the wild animals is $2,000 new text end 75.15 new text begin or more. new text end 75.16 new text begin (b) new text end A person may not obtain a license to take a wild animal and is prohibited from taking 75.17wild animals for a period of five years after the date of conviction of: 75.18(1) a violation when the restitution value of the wild animals is $5,000 new text begin $1,000 new text end or more new text begin , new text end 75.19 new text begin but less than $2,000 new text end ; or 75.20(2) a violation when the restitution value of the wild animals exceeds $500 and the 75.21violation occurs within ten years of one or more previous license revocations under this 75.22subdivision. 75.23(b) new text begin (c) new text end A person may not obtain a license to take the type of wild animals involved in a 75.24violation when the restitution value of the wild animals exceeds $500 and is prohibited from 75.25taking the type of wild animals involved in the violation for a period of three years after the 75.26date of conviction of a violation. 75.27(c) new text begin (d) new text end The time period of multiple revocations under paragraph (a) new text begin or (b) new text end , clause (2), 75.28shall be new text begin are new text end consecutive and no wild animals of any kind may be taken during the entire 75.29 new text begin revocation new text end period. 75.30 new text begin (e) If a wild animal involved in the conviction is listed as a threatened or endangered new text end 75.31 new text begin wild animal, the revocations under this subdivision do not apply unless more than one animal new text end 75.32 new text begin is taken, possessed, or transported in violation of the game and fish laws. new text end 76.1(d) new text begin (f) new text end The court may not stay or reduce the imposition of license revocation provisions 76.2under this subdivision. 76.3    Sec. 79. Minnesota Statutes 2016, section 97A.441, subdivision 1, is amended to read: 76.4    Subdivision 1. Angling and spearing; disabled residents. (a) A person authorized to 76.5issue licenses must issue, without a fee, licenses to take fish by angling or spearing to a 76.6resident who is: 76.7(1) blind; 76.8(2) a recipient of Supplemental Security Income for the aged, blind, and disabled; 76.9(3) a recipient of Social Security aid to the disabled under United States Code, title 42, 76.10section 416, paragraph (i)(l), or section 423(d); 76.11(4) a recipient of workers' compensation based on a finding of total and permanent 76.12disability; 76.13(5) 65 years of age or older and was qualified under clause (2) or (3) at the age of 64; 76.14or 76.15(6) permanently disabled and meets the disability requirements for Supplemental Security 76.16Income or Social Security aid to the disabled under United States Code, title 42, section 76.17416, paragraph (i)(l), or section 423(d) new text begin ; new text end 76.18 new text begin (7) receiving aid under the federal Railroad Retirement Act of 1974, United States Code, new text end 76.19 new text begin title 45, section 231a(a)(1)(v); or new text end 76.20 new text begin (8) a former employee of the United States Postal Service receiving disability pay under new text end 76.21 new text begin United States Code, title 5, section 8337 new text end . 76.22(b) A driver's license or Minnesota identification card bearing the applicable designation 76.23under section 171.07, subdivision 17, serves as satisfactory evidence to obtain a license 76.24under this subdivision at all agent locations. 76.25    Sec. 80. Minnesota Statutes 2016, section 97A.473, subdivision 2, is amended to read: 76.26    Subd. 2. Lifetime angling license; fee. (a) A resident lifetime angling license authorizes 76.27a person to take fish by angling in the state. The license authorizes those activities authorized 76.28by the annual resident angling license. The license does not include a trout-and-salmon 76.29stamp validation, a walleye stamp validation, or other stamps required by law. 76.30    (b) The fees for a resident lifetime angling license are: 77.1    (1) age 3 and under, $304 new text begin $344 new text end ; 77.2    (2) age 4 to age 15, $415 new text begin $469 new text end ; 77.3    (3) age 16 to age 50, $508 new text begin $574 new text end ; and 77.4    (4) age 51 and over, $335 new text begin $379 new text end . 77.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 77.6    Sec. 81. Minnesota Statutes 2016, section 97A.473, subdivision 2a, is amended to read: 77.7    Subd. 2a. Lifetime spearing license; fee. (a) A resident lifetime spearing license 77.8authorizes a person to take fish by spearing in the state. The license authorizes those activities 77.9authorized by the annual resident spearing license. 77.10    (b) The fees for a resident lifetime spearing license are: 77.11    (1) age 3 and under, $77 new text begin $90 new text end ; 77.12    (2) age 4 to age 15, $106 new text begin $124 new text end ; 77.13    (3) age 16 to age 50, $100 new text begin $117 new text end ; and 77.14    (4) age 51 and over, $52 new text begin $61 new text end . 77.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 77.16    Sec. 82. Minnesota Statutes 2016, section 97A.473, subdivision 2b, is amended to read: 77.17    Subd. 2b. Lifetime angling and spearing license; fee. (a) A resident lifetime angling 77.18and spearing license authorizes a person to take fish by angling or spearing in the state. The 77.19license authorizes those activities authorized by the annual resident angling and spearing 77.20licenses. 77.21    (b) The fees for a resident lifetime angling and spearing license are: 77.22    (1) age 3 and under, $380 new text begin $432 new text end ; 77.23    (2) age 4 to age 15, $509 new text begin $579 new text end ; 77.24    (3) age 16 to age 50, $596 new text begin $678 new text end ; and 77.25    (4) age 51 and over, $386 new text begin $439 new text end . 77.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 78.1    Sec. 83. Minnesota Statutes 2016, section 97A.473, subdivision 4, is amended to read: 78.2    Subd. 4. Lifetime deer-hunting license; fee. (a) A resident lifetime deer-hunting license 78.3authorizes a person to take deer with firearms or by archery in the state. The license 78.4authorizes those activities authorized by the annual resident firearm deer-hunting license 78.5or the annual resident archery deer-hunting license. The licensee must register and receive 78.6tags each year that the license is used. The tags shall be issued at no charge to the licensee. 78.7(b) The fees for a resident lifetime firearm or archery deer-hunting license are: 78.8(1) age 3 and under, $406 new text begin $458 new text end ; 78.9(2) age 4 to age 15, $538 new text begin $607 new text end ; 78.10(3) age 16 to age 50, $656 new text begin $741 new text end ; and 78.11(4) age 51 and over, $468 new text begin $528 new text end . 78.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 78.13    Sec. 84. Minnesota Statutes 2016, section 97A.473, subdivision 5, is amended to read: 78.14    Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license authorizes 78.15a person to take fish by angling and hunt and trap small game, other than wolves, in the 78.16state. The license authorizes those activities authorized by the annual resident angling and 78.17resident small-game-hunting licenses and the resident trapping license for fur-bearing 78.18animals other than wolves. The license does not include a trout-and-salmon stamp validation, 78.19a turkey stamp validation, a walleye stamp validation, or any other hunting stamps required 78.20by law. 78.21    (b) The fees for a resident lifetime sporting license are: 78.22    (1) age 3 and under, $485 new text begin $522 new text end ; 78.23    (2) age 4 to age 15, $659 new text begin $710 new text end ; 78.24    (3) age 16 to age 50, $861 new text begin $927 new text end ; and 78.25    (4) age 51 and over, $560 new text begin $603 new text end . 78.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 78.27    Sec. 85. Minnesota Statutes 2016, section 97A.473, subdivision 5a, is amended to read: 78.28    Subd. 5a. Lifetime sporting with spearing option license; fee. (a) A resident lifetime 78.29sporting with spearing option license authorizes a person to take fish by angling or spearing 79.1and hunt and trap small game, other than wolves, in the state. The license authorizes those 79.2activities authorized by the annual resident angling, spearing, and resident 79.3small-game-hunting licenses and the resident trapping license for fur-bearing animals other 79.4than wolves. The license does not include a trout-and-salmon stamp validation, a turkey 79.5stamp validation, a walleye stamp validation, or any other hunting stamps required by law. 79.6(b) The fees for a resident lifetime sporting with spearing option license are: 79.7(1) age 3 and under, $562 new text begin $612 new text end ; 79.8(2) age 4 to age 15, $765 new text begin $833 new text end ; 79.9(3) age 16 to age 50, $961 new text begin $1,046 new text end ; and 79.10(4) age 51 and over, $612 new text begin $666 new text end . 79.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 79.12    Sec. 86. Minnesota Statutes 2016, section 97A.474, subdivision 2, is amended to read: 79.13    Subd. 2. Nonresident lifetime angling license; fee. (a) A nonresident lifetime angling 79.14license authorizes a person to take fish by angling in the state. The license authorizes those 79.15activities authorized by the annual nonresident angling license. The license does not include 79.16a trout-and-salmon stamp validation, a walleye stamp validation, or other stamps required 79.17by law. 79.18    (b) The fees for a nonresident lifetime angling license are: 79.19    (1) age 3 and under, $726 new text begin $821 new text end ; 79.20    (2) age 4 to age 15, $925 new text begin $1,046 new text end ; 79.21    (3) age 16 to age 50, $1,054 new text begin $1,191 new text end ; and 79.22    (4) age 51 and over, $702 new text begin $794 new text end . 79.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 79.24    Sec. 87. Minnesota Statutes 2016, section 97A.475, subdivision 2, is amended to read: 79.25    Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents 79.26only, are: 79.27    (1) for persons age 18 or over and under age 65 to take small game, $15.50; 79.28    (2) for persons age 65 or over, $7 to take small game; 79.29    (3) for persons age 18 or over to take turkey, $26; 80.1    (4) for persons age 13 or over and under age 18 to take turkey, $5; 80.2    (5) for persons age 18 or over to take deer with firearms during the regular firearms 80.3season, $30 new text begin $34 new text end ; 80.4    (6) for persons age 18 or over to take deer by archery, $30 new text begin $34 new text end ; 80.5    (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader 80.6season, $30 new text begin $34 new text end ; 80.7    (8) to take moose, for a party of not more than six persons, $356; 80.8    (9) for persons age 18 or over to take bear, $44; 80.9    (10) to take elk, for a party of not more than two persons, $287; 80.10    (11) to take Canada geese during a special season, $4; 80.11    (12) to take prairie chickens, $23; 80.12    (13) for persons age 13 or over and under age 18 to take deer with firearms during the 80.13regular firearms season, $5; 80.14    (14) for persons age 13 or over and under age 18 to take deer by archery, $5; 80.15    (15) for persons age 13 or over and under age 18 to take deer by muzzleloader during 80.16the muzzleloader season, $5; 80.17(16) for persons age 10, 11, or 12 to take bear, no fee; 80.18(17) for persons age 13 or over and under age 18 to take bear, $5; 80.19(18) for persons age 18 or over to take small game for a consecutive 72-hour period 80.20selected by the licensee, $19, of which an amount equal to: one-half of the fee for the 80.21migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the 80.22waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of 80.23the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the 80.24pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half 80.25of the small-game surcharge under subdivision 4, shall be deposited in the wildlife acquisition 80.26account; 80.27(19) for persons age 16 or over and under age 18 to take small game, $5; 80.28(20) to take wolf, $30; 80.29(21) for persons age 12 and under to take turkey, no fee; 80.30(22) for persons age 10, 11, or 12 to take deer by firearm, no fee; 81.1(23) for persons age 10, 11, or 12 to take deer by archery, no fee; and 81.2(24) for persons age 10, 11, or 12 to take deer by muzzleloader during the muzzleloader 81.3season, no fee. 81.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 81.5    Sec. 88. Minnesota Statutes 2016, section 97A.475, subdivision 3, is amended to read: 81.6    Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued to 81.7nonresidents, are: 81.8    (1) for persons age 18 or over to take small game, $90.50; 81.9    (2) for persons age 18 or over to take deer with firearms during the regular firearms 81.10season, $160 new text begin $180 new text end ; 81.11    (3) for persons age 18 or over to take deer by archery, $160 new text begin $180 new text end ; 81.12    (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader 81.13season, $160 new text begin $180 new text end ; 81.14    (5) for persons age 18 or over to take bear, $225; 81.15    (6) for persons age 18 or over to take turkey, $91; 81.16    (7) for persons age 13 or over and under age 18 to take turkey, $5; 81.17    (8) to take raccoon or bobcat, $178; 81.18    (9) to take Canada geese during a special season, $4; 81.19    (10) for persons age 13 or over and under age 18 to take deer with firearms during the 81.20regular firearms season in any open season option or time period, $5; 81.21    (11) for persons age 13 or over and under age 18 to take deer by archery, $5; 81.22    (12) for persons age 13 or over and under age 18 to take deer during the muzzleloader 81.23season, $5; 81.24(13) for persons age 13 or over and under 18 to take bear, $5; 81.25(14) for persons age 18 or over to take small game for a consecutive 72-hour period 81.26selected by the licensee, $75, of which an amount equal to: one-half of the fee for the 81.27migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the 81.28waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of 81.29the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the 81.30pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half 82.1of the small-game surcharge under subdivision 4, shall be deposited into the wildlife 82.2acquisition account; 82.3(15) for persons age 16 or 17 to take small game, $5; 82.4(16) to take wolf, $250; 82.5(17) for persons age 12 and under to take turkey, no fee; 82.6(18) for persons age ten, 11, or 12 to take deer by firearm, no fee; 82.7(19) for persons age ten, 11, or 12 to take deer by archery, no fee; 82.8(20) for persons age ten, 11, or 12 to take deer by muzzleloader during the muzzleloader 82.9season, no fee; and 82.10(21) for persons age 10, 11, or 12 to take bear, no fee. 82.11    (b) A $5 surcharge shall be added to nonresident hunting licenses issued under paragraph 82.12(a), clauses (1) to (6) and (8). An additional commission may not be assessed on this 82.13surcharge. 82.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 82.15    Sec. 89. Minnesota Statutes 2016, section 97A.475, subdivision 6, is amended to read: 82.16    Subd. 6. Resident fishing. Fees for the following licenses, to be issued to residents only, 82.17are: 82.18(1) for persons age 18 or over to take fish by angling, $22 new text begin $25 new text end ; 82.19(2) for persons age 18 or over to take fish by angling, for a combined license for a married 82.20couple, $35 new text begin $40 new text end ; 82.21(3) for persons age 18 or over to take fish by spearing from a dark house, $5 new text begin $6 new text end , and the 82.22person must possess an angling license; 82.23(4) for persons age 18 or over to take fish by angling for a 24-hour period selected by 82.24the licensee, $10 new text begin $12 new text end ; 82.25(5) for persons age 18 or over to take fish by angling for a consecutive 72-hour period 82.26selected by the licensee, $12 new text begin $14 new text end ; 82.27(6) for persons age 18 or over to take fish by angling for three consecutive years, $63 new text begin new text end 82.28 new text begin $71 new text end ; and 82.29(7) for persons age 16 or over and under age 18 to take fish by angling, $5. 83.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 83.2    Sec. 90. Minnesota Statutes 2016, section 97A.475, subdivision 7, is amended to read: 83.3    Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued to 83.4nonresidents, are: 83.5    (1) for persons age 18 or over to take fish by angling, $40 new text begin $46 new text end ; 83.6    (2) for persons age 18 or over to take fish by angling limited to seven consecutive days 83.7selected by the licensee, $33 new text begin $38 new text end ; 83.8    (3) for persons age 18 or over to take fish by angling for a consecutive 72-hour period 83.9selected by the licensee, $27 new text begin $31 new text end ; 83.10    (4) for persons age 18 or over to take fish by angling for a combined license for a family 83.11for one or both parents and dependent children under the age of 16, $55 new text begin $63 new text end ; 83.12    (5) for persons age 18 or over to take fish by angling for a 24-hour period selected by 83.13the licensee, $12 new text begin $14 new text end ; 83.14    (6) to take fish by angling for a combined license for a married couple, limited to 14 83.15consecutive days selected by one of the licensees, $43 new text begin $49 new text end ; 83.16(7) for persons age 18 or over to take fish by spearing from a dark house, $10 new text begin $12 new text end , and 83.17the person must possess an angling license; and 83.18(8) for persons age 16 or over and under age 18 to take fish by angling, $5. 83.19    (b) A $5 surcharge shall be added to all nonresident fishing licenses, except licenses 83.20issued under paragraph (a), clauses (5) and (8). An additional commission may not be 83.21assessed on this surcharge. 83.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 83.23    Sec. 91. Minnesota Statutes 2016, section 97A.475, subdivision 8, is amended to read: 83.24    Subd. 8. Minnesota sporting; supersports. (a) The commissioner shall issue Minnesota 83.25sporting licenses to residents only. The licensee may take fish by angling and small game. 83.26The fee for the license is: 83.27(1) for an individual, $31.50 new text begin $34.50 new text end ; and 83.28(2) for a combined license for a married couple to take fish and for one spouse to take 83.29small game, $45.50 new text begin $50.50 new text end . 84.1(b) The commissioner shall issue Minnesota supersports licenses to residents only. The 84.2licensee may take fish by angling, including trout; small game, including pheasant and 84.3waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the supersports 84.4license, including all required stamp validations is: 84.5(1) for an individual age 18 or over, $86.50 new text begin $93.50 new text end ; and 84.6(2) for a combined license for a married couple to take fish, including the 84.7trout-and-salmon stamp validation, and for one spouse to take small game, including pheasant 84.8and waterfowl, and deer, $110.50 new text begin $119.50 new text end . 84.9(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited according 84.10to section 97A.075, subdivisions 2, 3, and 4. 84.11(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited 84.12according to section 97A.075, subdivision 1. 84.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 84.14    Sec. 92. Minnesota Statutes 2016, section 97A.475, subdivision 45, is amended to read: 84.15    Subd. 45. Camp Ripley archery deer hunt. The application fee for the Camp Ripley 84.16archery deer hunt is $12 new text begin $14 new text end . 84.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 84.18    Sec. 93. Minnesota Statutes 2016, section 97B.031, subdivision 6, is amended to read: 84.19    Subd. 6. Scopes; age 60 or over. A person age 60 or over may use a muzzleloader with 84.20a scope to take deer during the muzzleloader season. The scope may have magnification 84.21capabilities. 84.22    Sec. 94. Minnesota Statutes 2016, section 97B.071, is amended to read: 84.2397B.071 BLAZE ORANGE new text begin CLOTHING new text end REQUIREMENTS new text begin ; BLAZE ORANGE new text end 84.24 new text begin OR BLAZE PINK new text end . 84.25    (a) Except as provided in rules adopted under paragraph (c), a person may not hunt or 84.26trap during the open season where deer may be taken by firearms under applicable laws and 84.27ordinances, unless the visible portion of the person's cap and outer clothing above the waist, 84.28excluding sleeves and gloves, is blaze orange new text begin or blaze pink new text end . Blaze orange new text begin or blaze pink new text end 84.29includes a camouflage pattern of at least 50 percent blaze orange new text begin or blaze pink new text end within each 85.1foot square. This section does not apply to migratory-waterfowl hunters on waters of this 85.2state or in a stationary shooting location or to trappers on waters of this state. 85.3    (b) Except as provided in rules adopted under paragraph (c), and in addition to the 85.4requirement in paragraph (a), a person may not take small game other than turkey, migratory 85.5birds, raccoons, and predators, except while trapping, unless a visible portion of at least one 85.6article of the person's clothing above the waist is blaze orange new text begin or blaze pink new text end . This paragraph 85.7does not apply to a person when in a stationary location while hunting deer by archery or 85.8when hunting small game by falconry. 85.9    (c) The commissioner may, by rule, prescribe an alternative color in cases where 85.10paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public 85.11Law 103-141. 85.12    (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only by 85.13a safety warning. 85.14    Sec. 95. Minnesota Statutes 2016, section 97B.405, is amended to read: 85.1597B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS. 85.16    (a) The commissioner may limit the number of persons that may hunt bear in an area, 85.17if it is necessary to prevent an overharvest or improve the distribution of hunters. The 85.18commissioner may establish, by rule, a method, including a drawing, to impartially select 85.19the hunters for an area. The commissioner shall give preference to hunters that have 85.20previously applied and have not been selected. 85.21 new text begin (b) If the commissioner limits the number of persons that may hunt bear in an area under new text end 85.22 new text begin paragraph (a), the commissioner must reserve one permit and give first preference for that new text end 85.23 new text begin permit to a resident of a Minnesota veterans home. new text end 85.24    (b) new text begin (c) new text end A person selected through a drawing must purchase a license by August 1. Any 85.25remaining available licenses not purchased shall be issued to any eligible person as prescribed 85.26by the commissioner on a first-come, first-served basis beginning three business days after 85.27August 1. 85.28    Sec. 96. Minnesota Statutes 2016, section 97B.431, is amended to read: 85.2997B.431 BEAR-HUNTING OUTFITTERS. 85.30    (a) A person may not place bait for bear, or guide hunters to take bear, for compensation 85.31without a bear-hunting-outfitter license. A bear-hunting outfitter is not required to have a 86.1license to take bear unless the outfitter is attempting to shoot a bear. The commissioner 86.2shall adopt rules for qualifications for issuance and administration of the licenses. 86.3    (b) The commissioner shall establish a resident master bear-hunting-outfitter license 86.4under which one person serves as the bear-hunting outfitter and one other person is eligible 86.5to guide and bait bear. Additional persons may be added to the license and are eligible to 86.6guide and bait bear under the license, provided the additional fee under section 97A.475, 86.7subdivision 16 , is paid for each person added. The commissioner shall adopt rules for 86.8qualifications for issuance and administration of the licenses new text begin . The commissioner must not new text end 86.9 new text begin require a person to have certification or training in first aid or CPR to be eligible for a license new text end 86.10 new text begin under this section new text end . 86.11    Sec. 97. Minnesota Statutes 2016, section 97B.516, is amended to read: 86.1297B.516 ELK MANAGEMENT PLAN. 86.13(a) The commissioner of natural resources must adopt an elk management plan that: 86.14(1) recognizes the value and uniqueness of elk; 86.15(2) provides for integrated management of an elk population in harmony with the 86.16environment; and 86.17(3) affords optimum recreational opportunities. 86.18(b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd new text begin in new text end 86.19 new text begin Kittson, Roseau, Marshall, or Beltrami Counties new text end in a manner that would increase the size 86.20of the herd, including adoption or implementation of an elk management plan designed to 86.21increase an elk herd, unless the commissioner of agriculture verifies that crop and fence 86.22damages paid under section 3.7371 and attributed to the herd have not increased for at least 86.23two years. 86.24(c) At least 60 days prior to implementing a plan to increase an elk herd, the 86.25commissioners of natural resources and agriculture must hold a joint public meeting in the 86.26county where the elk herd to be increased is located. At the meeting, the commissioners 86.27must present evidence that crop and fence damages have not increased in the prior two years 86.28and must detail the practices that will be used to reduce elk conflicts with area landowners. 86.29    Sec. 98. Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read: 86.30    Subdivision 1. Owners and occupants may take certain animals. A person new text begin or the new text end 86.31 new text begin person's agent new text end may take new text begin bats, snakes, salamanders, lizards, weasel, new text end mink, squirrel, rabbit, 87.1hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the 87.2person where the animal is causing damage. The person new text begin or the person's agent new text end may take the 87.3animal without a license and in any manner except by poison, or artificial lights in the closed 87.4season new text begin or by poison new text end . Raccoons may be taken under this subdivision with artificial lights 87.5during open season. A person that new text begin or the person's agent who new text end kills mink, raccoon, bobcat, 87.6fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer 87.7or employee of the Fish and Wildlife Division within 24 hours after the animal is killed. 87.8    Sec. 99. Minnesota Statutes 2016, section 97C.081, subdivision 3, is amended to read: 87.9    Subd. 3. Contests requiring a permit. (a) Unless subdivision 3a applies, a person must 87.10have a permit from the commissioner to conduct a fishing contest if: 87.11(1) there are more than 25 boats for open water contests, more than 150 participants for 87.12ice fishing contests, or more than 100 participants for shore fishing contests; 87.13(2) entry fees are more than $25 per person; or 87.14(3) the contest is limited to trout species. 87.15(b) The commissioner shall charge a fee for the permit that recovers the costs of issuing 87.16the permit and of monitoring the activities allowed by the permit. Notwithstanding section 87.1716A.1283 , the commissioner may, by written order published in the State Register, establish 87.18contest permit fees. The fees are not subject to the rulemaking provisions of chapter 14 and 87.19section 14.386 does not apply. 87.20    (c) The commissioner may require the applicant to furnish evidence of financial 87.21responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000 87.22if entry fees are over $25 per person, or total prizes are valued at more than $25,000, and 87.23if the applicant has either: 87.24    (1) not previously conducted a fishing contest requiring a permit under this subdivision; 87.25or 87.26    (2) ever failed to make required prize awards in a fishing contest conducted by the 87.27applicant. 87.28    (d) The permit fee for any individual contest may not exceed the following amounts: 87.29    (1) $60 new text begin $70 new text end for an open water contest not exceeding 50 boats and without off-site 87.30weigh-in; 87.31    (2) $200 new text begin $225 new text end for an open water contest with more than 50 boats and without off-site 87.32weigh-in; 88.1    (3) $250 new text begin $280 new text end for an open water contest not exceeding 50 boats with off-site weigh-in; 88.2    (4) $500 new text begin $560 new text end for an open water contest with more than 50 boats with off-site weigh-in; 88.3or 88.4    (5) $120 new text begin $135 new text end for an ice fishing contest with more than 150 participants. 88.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 88.6    Sec. 100. Minnesota Statutes 2016, section 97C.355, subdivision 2, is amended to read: 88.7    Subd. 2. License required. (a) A person may not leave new text begin place new text end a dark house, fish house, 88.8or shelter unattended new text begin , except a portable shelter, new text end on the ice at any time between midnight 88.9and one hour before sunrise unless: 88.10(1) the house or shelter is licensed; and 88.11(2) has the license tag attached to the exterior in a readily visible location, except as 88.12provided in this subdivision. 88.13(b) The commissioner must issue a tag with a dark house, fish house, or shelter license, 88.14marked with a number to correspond with the license and the year of issue. A dark house, 88.15fish house, or shelter license is not required of a resident on boundary waters where the 88.16adjacent state does not charge a fee for the same activity. 88.17    Sec. 101. Minnesota Statutes 2016, section 97C.355, subdivision 2a, is amended to read: 88.18    Subd. 2a. Portable shelters. new text begin (a) new text end A person using a portable shelter that is not identified 88.19under subdivision 1 new text begin may not leave the portable shelter unattended between midnight and new text end 88.20 new text begin sunrise and new text end must remain within 200 feet of the shelter while the shelter is on the ice of state 88.21waters. 88.22 new text begin (b) If a person leaves the portable shelter unattended any time between midnight and new text end 88.23 new text begin one hour before sunrise or is not within 200 feet of the portable shelter, the portable shelter new text end 88.24 new text begin must be licensed as provided under subdivision 2. new text end 88.25    Sec. 102. Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read: 88.26    Subd. 2. Walleye; northern pike. (a) Except as provided in paragraph (b), A person 88.27may have no more than one walleye larger than 20 inches and one northern pike larger than 88.2830 inches in possession. new text begin This subdivision does not apply to boundary waters. new text end 88.29    (b) The restrictions in paragraph (a) do not apply to boundary waters. 89.1    Sec. 103. Minnesota Statutes 2016, section 97C.501, subdivision 1, is amended to read: 89.2    Subdivision 1. Minnow retailers. (a) A person may not be a minnow retailer without 89.3a minnow retailer license except as provided in subdivisions 2, paragraph (d), and 3. A 89.4person must purchase a minnow retailer license for each minnow retail outlet operated, 89.5except as provided by subdivision 2, paragraph (d). 89.6(b) A minnow retailer must obtain a minnow retailer's vehicle license for each motor 89.7vehicle used by the minnow retailer to transport more than 12 dozen minnows to the minnow 89.8retailer's place of business, except as provided in subdivision 3. A minnow retailer is not 89.9required to obtain a minnow retailer's vehicle license new text begin : new text end 89.10 new text begin (1) as provided in subdivision 3; new text end 89.11 new text begin (2) if the minnow retailer is licensed as a resort under section 157.16, is transporting new text end 89.12 new text begin minnows purchased from a minnow dealer's place of business directly to the resort, possesses new text end 89.13 new text begin a detailed receipt, including the date and time of purchase, and presents the receipt and new text end 89.14 new text begin minnows for inspection upon request; or new text end 89.15 new text begin (3) new text end if minnows are being transported by common carrier and information is provided 89.16that allows the commissioner to find out the location of the shipment in the state. 89.17    Sec. 104. Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision 89.18to read: 89.19     new text begin Subd. 7. new text end new text begin Harvesting mussel shells. new text end new text begin Live mussels may not be harvested. A person new text end 89.20 new text begin possessing a valid resident or nonresident angling license or a person not required to have new text end 89.21 new text begin an angling license to take fish may take and possess at any time, for personal use only, not new text end 89.22 new text begin more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may new text end 89.23 new text begin be harvested in waters of the state where fish may be taken by angling. Mussel shells must new text end 89.24 new text begin be harvested by hand-picking only and may not be purchased or sold. new text end 89.25    Sec. 105. Minnesota Statutes 2016, section 103F.48, subdivision 1, is amended to read: 89.26    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have 89.27the meanings given them. 89.28(b) "Board" means the Board of Water and Soil Resources. 89.29(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive plants 89.30and noxious weeds, adjacent to all bodies of water within the state and that protects the 90.1water resources of the state from runoff pollution; stabilizes soils, shores, and banks; and 90.2protects or provides riparian corridors. 90.3(d) "Buffer protection map" means buffer maps established and maintained by the 90.4commissioner of natural resources. 90.5(e) "Commissioner" means the commissioner of natural resources. 90.6(f) "Executive director" means the executive director of the Board of Water and Soil 90.7Resources. 90.8(g) "Local water management authority" means a watershed district, metropolitan water 90.9management organization, or county operating separately or jointly in its role as local water 90.10management authority under chapter 103B or 103D. 90.11(h) "Normal water level" means the level evidenced by the long-term presence of surface 90.12water as indicated directly by hydrophytic plants or hydric soils or indirectly determined 90.13via hydrological models or analysis. 90.14(i) "Public waters" has the meaning given in section 103G.005, subdivision 15. The term new text begin new text end 90.15 new text begin means new text end public waters as used in this section applies to waters that are on the public waters 90.16inventory as provided in section 103G.201. 90.17(j) "With jurisdiction" means a board determination that the county or watershed district 90.18has adopted a rule, ordinance, or official controls providing procedures for the issuance of 90.19administrative penalty orders, enforcement, and appeals for purposes of this section and 90.20section 103B.101, subdivision 12a. 90.21    Sec. 106. Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read: 90.22    Subd. 3. Water resources riparian protection requirements on public waters and 90.23public drainage systems. (a) Except as provided in paragraph (b), landowners owning 90.24property adjacent to a water body identified and mapped on a buffer protection map must 90.25maintain a buffer to protect the state's water resources as follows: 90.26(1) for all public waters, the more restrictive of: 90.27(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially 90.28rooted vegetation; or 90.29(ii) the state shoreland standards and criteria adopted by the commissioner under section 90.30103F.211 ; and 91.1(2) for public drainage systems established under chapter 103E , a 16.5-foot minimum 91.2width continuous buffer as provided in section 103E.021, subdivision 1. The buffer vegetation 91.3shall not impede future maintenance of the ditch. 91.4(b) A landowner owning property adjacent to a water body identified in a buffer protection 91.5map and whose property is used for cultivation farming may meet the requirements under 91.6paragraph (a) by adopting an alternative riparian water quality practice, or combination of 91.7structural, vegetative, and management practices, based on the Natural Resources 91.8Conservation Service Field Office Technical Guide or new text begin , common alternative practices adopted new text end 91.9 new text begin and published by the board, new text end other practices approved by the board, new text begin or practices based on new text end 91.10 new text begin local conditions approved by the local soil and water conservation district that are consistent new text end 91.11 new text begin with the Field Office Technical Guide, new text end that provide water quality protection comparable to 91.12the buffer protection for the water body that the property abuts. Included in these practices 91.13are retention ponds and alternative measures that prevent overland flow to the water resource. 91.14(c) The width of a buffer on public waters must be measured from the top or crown of 91.15the bank. Where there is no defined bank, measurement must be from the edge of the normal 91.16water level. The width of the buffer on public drainage systems must be measured as provided 91.17in section 103E.021, subdivision 1. 91.18(d) Upon request by a landowner or authorized agent or operator of a landowner, a 91.19technical professional employee or contractor of the soil and water conservation district or 91.20its delegate may issue a validation of compliance with the requirements of this subdivision. 91.21The soil and water conservation district validation may be appealed to the board as described 91.22in subdivision 9. 91.23(e) Buffers or alternative water quality practices required under paragraph (a) or (b) 91.24must be in place on or before: 91.25(1) November 1, 2017, for public waters; and 91.26(2) November 1, 2018, for public drainage systems. 91.27(f) Nothing in this section limits the eligibility of a landowner or authorized agent or 91.28operator of a landowner to participate in federal or state conservation programs, including 91.29enrolling or reenrolling in federal conservation programs. 91.30 new text begin (g) After the effective date of this section, a person planting buffers or water quality new text end 91.31 new text begin protection practices to meet the requirements in paragraph (a) must use only seed mixes new text end 91.32 new text begin verified by the Department of Agriculture as consistent with chapter 18G or 21 to prevent new text end 91.33 new text begin contamination with Palmer amaranth or other noxious weed seeds. new text end 92.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 92.2    Sec. 107. Minnesota Statutes 2016, section 103G.005, is amended by adding a subdivision 92.3to read: 92.4     new text begin Subd. 8a. new text end new text begin Constructed management facilities for storm water. new text end new text begin "Constructed new text end 92.5 new text begin management facilities for storm water" means ponds, basins, holding tanks, cisterns, new text end 92.6 new text begin infiltration trenches and swales, or other best management practices that have been designed, new text end 92.7 new text begin constructed, and operated to store or treat storm water in accordance with local, state, or new text end 92.8 new text begin federal requirements. new text end 92.9    Sec. 108. Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to 92.10read: 92.11    Subd. 10b. Greater than 80 percent area. "Greater than 80 percent area" means a 92.12county or new text begin , new text end watershed new text begin , or, for purposes of wetland replacement, bank service area new text end where 80 92.13percent or more of the presettlement wetland acreage is intact and: 92.14(1) ten percent or more of the current total land area is wetland; or 92.15(2) 50 percent or more of the current total land area is state or federal land. 92.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 92.17    Sec. 109. Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to 92.18read: 92.19    Subd. 10h. Less than 50 percent area. "Less than 50 percent area" means a county or new text begin , new text end 92.20watershed new text begin , or, for purposes of wetland replacement, bank service area new text end with less than 50 92.21percent of the presettlement wetland acreage intact or any county or new text begin , new text end watershed new text begin , or bank new text end 92.22 new text begin service area new text end not defined as a "greater than 80 percent area" or "50 to 80 percent area." 92.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 92.24    Sec. 110. Minnesota Statutes 2016, section 103G.222, subdivision 1, is amended to read: 92.25    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or 92.26partially, unless replaced by actions that provide at least equal public value under a 92.27replacement plan approved as provided in section 103G.2242, a replacement plan under a 92.28local governmental unit's comprehensive wetland protection and management plan approved 92.29by the board under section 103G.2243, or, if a permit to mine is required under section 92.3093.481 , under a mining reclamation plan approved by the commissioner under the permit 93.1to mine. new text begin Project-specific wetland replacement plans submitted as part of a project for which new text end 93.2 new text begin a permit to mine is required and approved by the commissioner on or after July 1, 1991, new text end 93.3 new text begin may include surplus wetland credits to be allocated by the commissioner to offset future new text end 93.4 new text begin mining-related wetland impacts under any permits to mine held by the permittee, the operator, new text end 93.5 new text begin the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant to an new text end 93.6 new text begin assignment under section 93.481, subdivision 5. new text end For project-specific wetland replacement 93.7completed prior to wetland impacts authorized or conducted under a permit to mine within 93.8the Great Lakes and Rainy River watershed basins, those basins shall be considered a single 93.9watershed for purposes of determining wetland replacement ratios. Mining reclamation 93.10plans shall apply the same principles and standards for replacing wetlands that are applicable 93.11to mitigation plans approved as provided in section 103G.2242. new text begin The commissioner must new text end 93.12 new text begin provide notice of an application for wetland replacement under a permit to mine to the new text end 93.13 new text begin county in which the impact is proposed and the county in which a mitigation site is proposed. new text end 93.14Public value must be determined in accordance with section 103B.3355 or a comprehensive 93.15wetland protection and management plan established under section 103G.2243. Sections 93.16103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently 93.17flooded areas of types 3, 4, and 5 wetlands. 93.18    (b) Replacement must be guided by the following principles in descending order of 93.19priority: 93.20    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish 93.21the wetland; 93.22    (2) minimizing the impact by limiting the degree or magnitude of the wetland activity 93.23and its implementation; 93.24    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland 93.25environment; 93.26    (4) reducing or eliminating the impact over time by preservation and maintenance 93.27operations during the life of the activity; 93.28    (5) compensating for the impact by restoring a wetland; and 93.29    (6) compensating for the impact by replacing or providing substitute wetland resources 93.30or environments. 93.31    For a project involving the draining or filling of wetlands in an amount not exceeding 93.3210,000 square feet more than the applicable amount in section 103G.2241, subdivision 9, 94.1paragraph (a), the local government unit may make an on-site sequencing determination 94.2without a written alternatives analysis from the applicant. 94.3    (c) If a wetland is located in a cultivated field, then replacement must be accomplished 94.4through restoration only without regard to the priority order in paragraph (b), provided that 94.5the altered wetland is not converted to a nonagricultural use for at least ten years. 94.6    (d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241, 94.7subdivision 2 , paragraph (b) or (e), the local government unit may require a deed restriction 94.8that prohibits nonagricultural use for at least ten years. The local government unit may 94.9require the deed restriction if it determines the wetland area drained is at risk of conversion 94.10to a nonagricultural use within ten years based on the zoning classification, proximity to a 94.11municipality or full service road, or other criteria as determined by the local government 94.12unit. 94.13    (e) Restoration and replacement of wetlands must be accomplished in accordance with 94.14the ecology of the landscape area affected and ponds that are created primarily to fulfill 94.15storm water management, and water quality treatment requirements may not be used to 94.16satisfy replacement requirements under this chapter unless the design includes pretreatment 94.17of runoff and the pond is functioning as a wetland. 94.18    (f) Except as provided in paragraph (g), for a wetland or public waters wetland located 94.19on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland 94.20for each acre of drained or filled wetland. 94.21    (g) For a wetland or public waters wetland located on agricultural land or in a greater 94.22than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for 94.23each acre of drained or filled wetland. 94.24    (h) Wetlands that are restored or created as a result of an approved replacement plan are 94.25subject to the provisions of this section for any subsequent drainage or filling. 94.26    (i) Except in a greater than 80 percent area, only wetlands that have been restored from 94.27previously drained or filled wetlands, wetlands created by excavation in nonwetlands, 94.28wetlands created by dikes or dams along public or private drainage ditches, or wetlands 94.29created by dikes or dams associated with the restoration of previously drained or filled 94.30wetlands may be used for wetland replacement according to rules adopted under section 94.31103G.2242, subdivision 1 . Modification or conversion of nondegraded naturally occurring 94.32wetlands from one type to another are not eligible for wetland replacement. 95.1    (j) The Technical Evaluation Panel established under section 103G.2242, subdivision 95.22 , shall ensure that sufficient time has occurred for the wetland to develop wetland 95.3characteristics of soils, vegetation, and hydrology before recommending that the wetland 95.4be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason 95.5to believe that the wetland characteristics may change substantially, the panel shall postpone 95.6its recommendation until the wetland has stabilized. 95.7    (k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply 95.8to the state and its departments and agencies. 95.9    (l) For projects involving draining or filling of wetlands associated with a new public 95.10transportation project, and for projects expanded solely for additional traffic capacity, public 95.11transportation authorities may purchase credits from the board at the cost to the board to 95.12establish credits. Proceeds from the sale of credits provided under this paragraph are 95.13appropriated to the board for the purposes of this paragraph. For the purposes of this 95.14paragraph, "transportation project" does not include an airport project. 95.15    (m) A replacement plan for wetlands is not required for individual projects that result 95.16in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or 95.17replacement of a currently serviceable existing state, city, county, or town public road 95.18necessary, as determined by the public transportation authority, to meet state or federal 95.19design or safety standards or requirements, excluding new roads or roads expanded solely 95.20for additional traffic capacity lanes. This paragraph only applies to authorities for public 95.21transportation projects that: 95.22    (1) minimize the amount of wetland filling or draining associated with the project and 95.23consider mitigating important site-specific wetland functions on site; 95.24    (2) except as provided in clause (3), submit project-specific reports to the board, the 95.25Technical Evaluation Panel, the commissioner of natural resources, and members of the 95.26public requesting a copy at least 30 days prior to construction that indicate the location, 95.27amount, and type of wetlands to be filled or drained by the project or, alternatively, convene 95.28an annual meeting of the parties required to receive notice to review projects to be 95.29commenced during the upcoming year; and 95.30    (3) for minor and emergency maintenance work impacting less than 10,000 square feet, 95.31submit project-specific reports, within 30 days of commencing the activity, to the board 95.32that indicate the location, amount, and type of wetlands that have been filled or drained. 95.33    Those required to receive notice of public transportation projects may appeal 95.34minimization, delineation, and on-site mitigation decisions made by the public transportation 96.1authority to the board according to the provisions of section 103G.2242, subdivision 9. The 96.2Technical Evaluation Panel shall review minimization and delineation decisions made by 96.3the public transportation authority and provide recommendations regarding on-site mitigation 96.4if requested to do so by the local government unit, a contiguous landowner, or a member 96.5of the Technical Evaluation Panel. 96.6    Except for state public transportation projects, for which the state Department of 96.7Transportation is responsible, the board must replace the wetlands, and wetland areas of 96.8public waters if authorized by the commissioner or a delegated authority, drained or filled 96.9by public transportation projects on existing roads. 96.10    Public transportation authorities at their discretion may deviate from federal and state 96.11design standards on existing road projects when practical and reasonable to avoid wetland 96.12filling or draining, provided that public safety is not unreasonably compromised. The local 96.13road authority and its officers and employees are exempt from liability for any tort claim 96.14for injury to persons or property arising from travel on the highway and related to the 96.15deviation from the design standards for construction or reconstruction under this paragraph. 96.16This paragraph does not preclude an action for damages arising from negligence in 96.17construction or maintenance on a highway. 96.18    (n) If a landowner seeks approval of a replacement plan after the proposed project has 96.19already affected the wetland, the local government unit may require the landowner to replace 96.20the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required. 96.21    (o) A local government unit may request the board to reclassify a county or watershed 96.22on the basis of its percentage of presettlement wetlands remaining. After receipt of 96.23satisfactory documentation from the local government, the board shall change the 96.24classification of a county or watershed. If requested by the local government unit, the board 96.25must assist in developing the documentation. Within 30 days of its action to approve a 96.26change of wetland classifications, the board shall publish a notice of the change in the 96.27Environmental Quality Board Monitor. 96.28    (p) One hundred citizens who reside within the jurisdiction of the local government unit 96.29may request the local government unit to reclassify a county or watershed on the basis of 96.30its percentage of presettlement wetlands remaining. In support of their petition, the citizens 96.31shall provide satisfactory documentation to the local government unit. The local government 96.32unit shall consider the petition and forward the request to the board under paragraph (o) or 96.33provide a reason why the petition is denied. 96.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 1991. new text end 97.1    Sec. 111. Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read: 97.2    Subd. 3. Wetland replacement siting. (a) Impacted wetlands in a 50 to new text begin Impacted new text end 97.3 new text begin wetlands outside of a greater than new text end 80 percent area must new text begin not new text end be replaced in a 50 to new text begin greater new text end 97.4 new text begin than new text end 80 percent area or in a less than 50 percent area. Impacted wetlands in a less than 50 97.5percent area must be replaced in a less than 50 percent area. All wetland replacement must 97.6follow this priority order: 97.7    (1) on site or in the same minor watershed as the impacted wetland; 97.8    (2) in the same watershed as the impacted wetland; 97.9    (3) in the same county or wetland bank service area as the impacted wetland; and 97.10    (4) in another wetland bank service area. 97.11(b) Notwithstanding paragraph (a), wetland banking credits approved according to a 97.12complete wetland banking application submitted to a local government unit by April 1, 97.131996, may be used to replace wetland impacts resulting from public transportation projects 97.14statewide. 97.15    (c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement 97.16by wetland banking begins at paragraph (a), clause (3), according to rules adopted under 97.17section 103G.2242, subdivision 1. 97.18    (d) When reasonable, practicable, and environmentally beneficial replacement 97.19opportunities are not available in siting priorities listed in paragraph (a), the applicant may 97.20seek opportunities at the next level. 97.21    (e) For the purposes of this section, "reasonable, practicable, and environmentally 97.22beneficial replacement opportunities" are defined as opportunities that: 97.23    (1) take advantage of naturally occurring hydrogeomorphological conditions and require 97.24minimal landscape alteration; 97.25    (2) have a high likelihood of becoming a functional wetland that will continue in 97.26perpetuity; 97.27    (3) do not adversely affect other habitat types or ecological communities that are 97.28important in maintaining the overall biological diversity of the area; and 97.29    (4) are available and capable of being done after taking into consideration cost, existing 97.30technology, and logistics consistent with overall project purposes. 98.1    (f) Regulatory agencies, local government units, and other entities involved in wetland 98.2restoration shall collaborate to identify potential replacement opportunities within their 98.3jurisdictional areas. 98.4    (g) The board must establish wetland replacement ratios and wetland bank service area 98.5priorities to implement the siting and targeting of wetland replacement and encourage the 98.6use of high priority areas for wetland replacement. 98.7 new text begin (h) Wetland replacement sites identified in accordance with the priority order for new text end 98.8 new text begin replacement siting in paragraph (a) as part of the completion of an adequate environmental new text end 98.9 new text begin impact statement may be approved for a replacement plan under section 93.481, 103G.2242, new text end 98.10 new text begin or 103G.2243 without further modification related to the priority order, notwithstanding new text end 98.11 new text begin availability of new mitigation sites or availability of credits after completion of an adequate new text end 98.12 new text begin environmental impact statement. Wetland replacement plan applications must be submitted new text end 98.13 new text begin within one year of the adequacy determination of the environmental impact statement to be new text end 98.14 new text begin eligible for approval under this paragraph. new text end 98.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 98.16    Sec. 112. Minnesota Statutes 2016, section 103G.223, is amended to read: 98.17103G.223 CALCAREOUS FENS. 98.18 new text begin (a) new text end Calcareous fens, as identified by the commissioner by written order published in the 98.19State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by 98.20any activity, unless the commissioner, under an approved management plan, decides some 98.21alteration is necessary new text begin or as provided in paragraph (b) new text end . Identifications made by the 98.22commissioner are not subject to the rulemaking provisions of chapter 14 and section 14.386 98.23does not apply. 98.24 new text begin (b) The commissioner may allow water appropriations that result in temporary reductions new text end 98.25 new text begin in groundwater resources on a seasonal basis under an approved calcareous fen management new text end 98.26 new text begin plan. new text end 98.27    Sec. 113. Minnesota Statutes 2016, section 103G.2242, subdivision 1, is amended to read: 98.28    Subdivision 1. Rules. (a) The board, in consultation with the commissioner, shall adopt 98.29rules governing the approval of wetland value replacement plans under this section and 98.30public-waters-work permits affecting public waters wetlands under section 103G.245. These 98.31rules must address the criteria, procedure, timing, and location of acceptable replacement 98.32of wetland values and may address the state establishment and administration of a wetland 99.1banking program for public and private projects, including provisions for an in-lieu fee 99.2program; the administrative, monitoring, and enforcement procedures to be used; and a 99.3procedure for the review and appeal of decisions under this section. In the case of peatlands, 99.4the replacement plan rules must consider the impact on carbon. Any in-lieu fee program 99.5established by the board must conform with Code of Federal Regulations, title 33, section 99.6332.8, as amended. 99.7(b) After the adoption of the rules, a replacement plan must be approved by a resolution 99.8of the governing body of the local government unit, consistent with the provisions of the 99.9rules or a comprehensive wetland protection and management plan approved under section 99.10103G.2243 . 99.11(c) If the local government unit fails to apply the rules, or fails to implement a local 99.12comprehensive wetland protection and management plan established under section 99.13103G.2243 , the government unit is subject to penalty as determined by the board. 99.14 new text begin (d) When making a determination under rules adopted pursuant to this subdivision on new text end 99.15 new text begin whether a rare natural community will be permanently adversely affected, consideration of new text end 99.16 new text begin measures to mitigate any adverse effect on the community must be considered. new text end 99.17    Sec. 114. Minnesota Statutes 2016, section 103G.2242, subdivision 2, is amended to read: 99.18    Subd. 2. Evaluation. (a) Questions concerning the public value, location, size, or type 99.19of a wetland shall be submitted to and determined by a Technical Evaluation Panel after an 99.20on-site inspection. The Technical Evaluation Panel shall be composed of a technical 99.21professional employee of the board, a technical professional employee of the local soil and 99.22water conservation district or districts, a technical professional with expertise in water 99.23resources management appointed by the local government unit, and a technical professional 99.24employee of the Department of Natural Resources for projects affecting public waters or 99.25wetlands adjacent to public waters. The panel shall use the "United States Army Corps of 99.26Engineers Wetland Delineation Manual" (January 1987), including updates, supplementary 99.27guidance, and replacements, if any, "Wetlands of the United States" (United States Fish and 99.28Wildlife Service Circular 39, 1971 edition), and "Classification of Wetlands and Deepwater 99.29Habitats of the United States" (1979 edition). The panel shall provide the wetland 99.30determination and recommendations on other technical matters to the local government unit 99.31that must approve a replacement plan, sequencing, exemption determination, no-loss 99.32determination, or wetland boundary or type determination and may recommend approval 99.33or denial of the plan. The authority must consider and include the decision of the Technical 99.34Evaluation Panel in their approval or denial of a plan or determination. 100.1 new text begin (b) A member of the Technical Evaluation Panel that has a financial interest in a wetland new text end 100.2 new text begin bank or management responsibility to sell or make recommendations in their official capacity new text end 100.3 new text begin to sell credits from a publicly owned wetland bank must disclose that interest, in writing, new text end 100.4 new text begin to the Technical Evaluation Panel and the local government unit. new text end 100.5    (b) new text begin (c) new text end Persons conducting wetland or public waters boundary delineations or type 100.6determinations are exempt from the requirements of chapter 326. The board may develop 100.7a professional wetland delineator certification program. 100.8(c) new text begin (d) new text end The board must establish an interagency team to assist in identifying and evaluating 100.9potential wetland replacement sites. The team must consist of members of the Technical 100.10Evaluation Panel and representatives from the Department of Natural Resources; the Pollution 100.11Control Agency; the United States Army Corps of Engineers, St. Paul district; and other 100.12organizations as determined by the board. 100.13    Sec. 115. Minnesota Statutes 2016, section 103G.2372, subdivision 1, is amended to read: 100.14    Subdivision 1. Authority; orders. (a) The commissioner of natural resources, 100.15conservation officers, and peace officers shall enforce laws preserving and protecting 100.16groundwater quantity, wetlands, and public waters. The commissioner of natural resources, 100.17a conservation officer, or a peace officer may issue a cease and desist order to stop any 100.18illegal activity adversely affecting groundwater quantity, a wetland, or public waters. 100.19(b) In the order, or by separate order, the commissioner, conservation officer, or peace 100.20officer may require restoration or replacement of the wetland or public waters, as determined 100.21by the local soil and water conservation district for wetlands and the commissioner of natural 100.22resources for public waters. Restoration or replacement orders may be recorded or filed in 100.23the office of the county recorder or registrar of titles, as appropriate, in the county where 100.24the real property is located by the commissioner of natural resources, conservation officers, 100.25or peace officers as a deed restriction on the property that runs with the land and is binding 100.26on the owners, successors, and assigns until the conditions of the order are met or the order 100.27is rescinded. Notwithstanding section 386.77, the agency shall pay the applicable filing fee 100.28for any document filed under this section. 100.29 new text begin (c) If a court has ruled that there has not been a violation of the restoration or replacement new text end 100.30 new text begin order, an order may not be recorded or filed under this section. new text end 100.31 new text begin (d) The commissioner must remove a deed restriction filed or recorded under this section new text end 100.32 new text begin on homesteaded property if the owner requests that it be removed and a court has found new text end 100.33 new text begin that the owner of the property is not guilty or that there has not been a violation of the new text end 101.1 new text begin restoration or replacement order. Within 30 days of receiving the request for removal from new text end 101.2 new text begin the owner, the commissioner must contact, in writing, the office of the county recorder or new text end 101.3 new text begin registrar of titles where the order is recorded or filed, along with all applicable fees, and new text end 101.4 new text begin have the order removed. Within 30 days of receiving notification from the office of the new text end 101.5 new text begin county recorder or registrar of titles that the order has been removed, the commissioner new text end 101.6 new text begin must inform the owner that the order has been removed and provide the owner with a copy new text end 101.7 new text begin of any documentation provided by the office of the county recorder or registrar of titles. new text end 101.8    Sec. 116. Minnesota Statutes 2016, section 103G.271, subdivision 1, is amended to read: 101.9    Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state, a 101.10person, partnership, or association, private or public corporation, county, municipality, or 101.11other political subdivision of the state may not appropriate or use waters of the state without 101.12a water-use permit from the commissioner. 101.13(b) This section does not apply to new text begin the following water uses: new text end 101.14 new text begin (1) new text end use for a water supply by less than 25 persons for domestic purposes, except as 101.15required by the commissioner under section 103G.287, subdivision 4, paragraph (b). new text begin ; new text end new text begin new text end 101.16 new text begin (2) nonconsumptive diversion of a surface water of the state from its natural channel for new text end 101.17 new text begin the production of hydroelectric or hydromechanical power at structures that were in existence new text end 101.18 new text begin on and before July 1, 1937, including repowering, upgrades, or additions to those facilities; new text end 101.19 new text begin or new text end 101.20 new text begin (3) appropriation or use of storm water collected and used to reduce storm-water runoff new text end 101.21 new text begin volume, treat storm water, or sustain groundwater supplies when water is extracted from new text end 101.22 new text begin constructed management facilities for storm water. new text end 101.23(c) The commissioner may issue a state general permit for appropriation of water to a 101.24governmental subdivision or to the general public. The general permit may authorize more 101.25than one project and the appropriation or use of more than one source of water. Water-use 101.26permit processing fees and reports required under subdivision 6 and section 103G.281, 101.27subdivision 3 , are required for each project or water source that is included under a general 101.28permit, except that no fee is required for uses totaling less than 15,000,000 gallons annually. 101.29    Sec. 117. Minnesota Statutes 2016, section 103G.271, subdivision 6, is amended to read: 101.30    Subd. 6. Water-use permit processing fee. (a) Except as described in paragraphs (b) 101.31to (g), a water-use permit processing fee must be prescribed by the commissioner in 101.32accordance with the schedule of fees in this subdivision for each water-use permit in force 102.1at any time during the year. Fees collected under this paragraph are credited to the water 102.2management account in the natural resources fund. The schedule is as follows, with the 102.3stated fee in each clause applied to the total amount appropriated: 102.4    (1) $140 for amounts not exceeding 50,000,000 gallons per year; 102.5    (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less 102.6than 100,000,000 gallons per year; 102.7    (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less than 102.8150,000,000 gallons per year; 102.9    (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less 102.10than 200,000,000 gallons per year; 102.11    (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less than 102.12250,000,000 gallons per year; 102.13    (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less 102.14than 300,000,000 gallons per year; 102.15    (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less than 102.16350,000,000 gallons per year; 102.17    (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less 102.18than 400,000,000 gallons per year; 102.19    (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less than 102.20450,000,000 gallons per year; 102.21    (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less 102.22than 500,000,000 gallons per year; and 102.23    (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year. 102.24    (b) For once-through cooling systems, a water-use processing fee must be prescribed 102.25by the commissioner in accordance with the following schedule of fees for each water-use 102.26permit in force at any time during the year: 102.27    (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and 102.28    (2) for all other users, $420 per 1,000,000 gallons. 102.29    (c) The fee is payable based on the amount of water appropriated during the year and, 102.30except as provided in paragraph (f), the minimum fee is $100. 102.31    (d) For water-use processing fees other than once-through cooling systems: 103.1    (1) the fee for a city of the first class may not exceed $250,000 per year; 103.2    (2) the fee for other entities for any permitted use may not exceed: 103.3    (i) $60,000 per year for an entity holding three or fewer permits; 103.4    (ii) $90,000 per year for an entity holding four or five permits; or 103.5    (iii) $300,000 per year for an entity holding more than five permits; 103.6    (3) the fee for agricultural irrigation may not exceed $750 per year; 103.7    (4) the fee for a municipality that furnishes electric service and cogenerates steam for 103.8home heating may not exceed $10,000 for its permit for water use related to the cogeneration 103.9of electricity and steam; and 103.10 new text begin (5) the fee for a facility that temporarily diverts a water of the state from its natural new text end 103.11 new text begin channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per new text end 103.12 new text begin year. A permit for such a facility does not count toward the number of permits held by an new text end 103.13 new text begin entity as described in paragraph (d); and new text end 103.14    (5) new text begin (6) new text end no fee is required for a project involving the appropriation of surface water to 103.15prevent flood damage or to remove flood waters during a period of flooding, as determined 103.16by the commissioner. 103.17    (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten 103.18percent per month calculated from the original due date must be imposed on the unpaid 103.19balance of fees remaining 30 days after the sending of a second notice of fees due. A fee 103.20may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal 103.21governmental agency holding a water appropriation permit. 103.22    (f) The minimum water-use processing fee for a permit issued for irrigation of agricultural 103.23land is $20 for years in which: 103.24    (1) there is no appropriation of water under the permit; or 103.25    (2) the permit is suspended for more than seven consecutive days between May 1 and 103.26October 1. 103.27(g) The commissioner shall waive the water-use permit fee for installations and projects 103.28that use storm water runoff or where public entities are diverting water to treat a water 103.29quality issue and returning the water to its source without using the water for any other 103.30purpose, unless the commissioner determines that the proposed use adversely affects surface 103.31water or groundwater. 104.1    (h) A surcharge of $30 per million gallons in addition to the fee prescribed in paragraph 104.2(a) shall be applied to the volume of water used in each of the months of June, July, and 104.3August that exceeds the volume of water used in January for municipal water use, irrigation 104.4of golf courses, and landscape irrigation. The surcharge for municipalities with more than 104.5one permit shall be determined based on the total appropriations from all permits that supply 104.6a common distribution system. 104.7    Sec. 118. Minnesota Statutes 2016, section 103G.271, subdivision 6a, is amended to read: 104.8    Subd. 6a. Fees for past unpermitted appropriations. An entity that appropriates water 104.9without a required permit under subdivision 1 must pay the applicable water-use permit 104.10processing fee specified in subdivision 6 for the period during which the unpermitted 104.11appropriation occurred. The fees for unpermitted appropriations are required for the previous 104.12seven calendar years after being notified of the need for a permit. This fee is in addition to 104.13any other fee or penalty assessed. The commissioner may waive payment of fees for past 104.14unpermitted appropriations for a residential system permitted under subdivision 5, paragraph 104.15(b) new text begin , or for a hydroelectric or hydromechanical facility that temporarily diverts a water of new text end 104.16 new text begin the state from its natural channel new text end . 104.17    Sec. 119. Minnesota Statutes 2016, section 103G.271, subdivision 7, is amended to read: 104.18    Subd. 7. Transfer of permit. A water-use permit may be transferred to a successive 104.19owner of real property if the permittee conveys the real property where the source of water 104.20is located. The new owner must notify the commissioner immediately after the conveyance 104.21and request transfer of the permit. new text begin The commissioner must not deny the transfer of a permit new text end 104.22 new text begin if the permittee is in compliance with all permit conditions and the permit meets the new text end 104.23 new text begin requirements of sections 103G.255 to 103G.301. new text end 104.24    Sec. 120. Minnesota Statutes 2016, section 103G.287, subdivision 1, is amended to read: 104.25    Subdivision 1. Applications for groundwater appropriations; preliminary well 104.26construction approval. (a) Groundwater use permit applications are not complete until the 104.27applicant has supplied: 104.28(1) a water well record as required by section 103I.205, subdivision 9, information on 104.29the subsurface geologic formations penetrated by the well and the formation or aquifer that 104.30will serve as the water source, and geologic information from test holes drilled to locate the 104.31site of the production well; 104.32(2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested; 105.1(3) information on groundwater quality in terms of the measures of quality commonly 105.2specified for the proposed water use and details on water treatment necessary for the proposed 105.3use; 105.4(4) the results of an aquifer test completed according to specifications approved by the 105.5commissioner. The test must be conducted at the maximum pumping rate requested in the 105.6application and for a length of time adequate to assess or predict impacts to other wells and 105.7surface water and groundwater resources. The permit applicant is responsible for all costs 105.8related to the aquifer test, including the construction of groundwater and surface water 105.9monitoring installations, and water level readings before, during, and after the aquifer test; 105.10and 105.11(5) the results of any assessments conducted by the commissioner under paragraph (c). 105.12(b) The commissioner may waive an application requirement in this subdivision if the 105.13information provided with the application is adequate to determine whether the proposed 105.14appropriation and use of water is sustainable and will protect ecosystems, water quality, 105.15and the ability of future generations to meet their own needs. 105.16(c) The commissioner shall provide an assessment of a proposed well needing a 105.17groundwater appropriation permit. The commissioner shall evaluate the information submitted 105.18as required under section 103I.205, subdivision 1, paragraph (f), and determine whether the 105.19anticipated appropriation request is likely to meet the applicable requirements of this chapter. 105.20If the appropriation request is likely to meet applicable requirements, the commissioner 105.21shall provide the person submitting the information with a letter providing preliminary 105.22approval to construct the well new text begin and the requirements, including test-well information, that new text end 105.23 new text begin will be needed to obtain the permit new text end . 105.24 new text begin (d) The commissioner must provide an applicant denied a groundwater use permit or new text end 105.25 new text begin issued a groundwater use permit that is reduced or restricted from the original request with new text end 105.26 new text begin all information the commissioner used in making the determination, including hydrographs, new text end 105.27 new text begin flow tests, aquifer tests, topographic maps, field reports, photographs, and proof of equipment new text end 105.28 new text begin calibration. new text end 105.29    Sec. 121. Minnesota Statutes 2016, section 103G.411, is amended to read: 105.30103G.411 STIPULATION OF LOW-WATER MARK. 105.31If the state is a party in a civil action relating to the navigability or ownership of the bed 105.32of a body of water, river, or stream, the commissioner, in behalf of the state, with the approval 105.33of the attorney general, may agree by written stipulation with a riparian owner who is a 106.1party to the action on the location of the ordinary low-water mark on the riparian land of 106.2the party. After the stipulation is executed by all parties, it must be presented to the judge 106.3of the district court where the action is pending for approval. If the stipulation is approved, 106.4the judge shall make and enter an order providing that the final judgment when entered shall 106.5conform to the location of the ordinary, low-water mark as provided for in the stipulation 106.6as it relates to the parties to the stipulation. 106.7    Sec. 122. Minnesota Statutes 2016, section 114D.25, is amended by adding a subdivision 106.8to read: 106.9     new text begin Subd. 6. new text end new text begin Impaired waters list; public notice and process. new text end new text begin The commissioner of the new text end 106.10 new text begin Pollution Control Agency must allow at least 60 days for public comment after publishing new text end 106.11 new text begin the draft impaired waters list required under the federal Clean Water Act. In making new text end 106.12 new text begin impairment designations, the Pollution Control Agency must use available water-quality new text end 106.13 new text begin data that takes into consideration recent relevant pollutant reductions resulting from controls new text end 106.14 new text begin on municipal point sources and nonpoint sources. new text end 106.15    Sec. 123. new text begin [115.542] NOTICE REQUIREMENTS FOR PUBLICLY OWNED new text end 106.16 new text begin WASTEWATER TREATMENT FACILITIES. new text end 106.17     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For the purpose of this section, the following terms have new text end 106.18 new text begin the meanings given: new text end 106.19 new text begin (1) "permit" means a national pollutant discharge elimination system (NPDES) permit new text end 106.20 new text begin or state disposal system (SDS) permit; and new text end 106.21 new text begin (2) "permit applicant" means a person or entity submitting an application for a new new text end 106.22 new text begin permit or renewal, modification, or revocation of an existing permit for a publicly owned new text end 106.23 new text begin wastewater treatment facility. new text end 106.24     new text begin Subd. 2. new text end new text begin Applicability. new text end new text begin This section applies to all draft permits and permits for publicly new text end 106.25 new text begin owned wastewater treatment facilities for which the commissioner of the Pollution Control new text end 106.26 new text begin Agency makes a preliminary determination whether to issue or deny. new text end 106.27     new text begin Subd. 3. new text end new text begin Notice requirements. new text end new text begin The commissioner of the Pollution Control Agency must new text end 106.28 new text begin provide a permit applicant with a copy of the draft permit and any fact sheets required by new text end 106.29 new text begin agency rules at least 30 days before the distribution and public notice of the permit application new text end 106.30 new text begin and preliminary determination. new text end 106.31     new text begin Subd. 4. new text end new text begin Permitting efficiency. new text end new text begin The commissioner must prepare and issue a public new text end 106.32 new text begin notice of a completed application and the commissioner's preliminary determination as to new text end 107.1 new text begin whether the permit should be issued or denied. The public comment period must be at least new text end 107.2 new text begin 60 days for permit applications under this section. Notwithstanding section 116.03, it is the new text end 107.3 new text begin goal of the state that Tier 2 permits for publicly owned wastewater treatment facilities be new text end 107.4 new text begin issued or denied within 210 days following submission of a permit application. new text end 107.5    Sec. 124. Minnesota Statutes 2016, section 115B.39, subdivision 2, is amended to read: 107.6    Subd. 2. Definitions. (a) In addition to the definitions in this subdivision, the definitions 107.7in sections 115A.03 and 115B.02 apply to sections 115B.39 to 115B.445, except as 107.8specifically modified in this subdivision. 107.9(b) "Cleanup order" means a consent order between responsible persons and the agency 107.10or an order issued by the United States Environmental Protection Agency under section 106 107.11of the federal Superfund Act. 107.12(c) "Closure" means actions to prevent or minimize the threat to public health and the 107.13environment posed by a mixed municipal solid waste disposal facility that has stopped 107.14accepting waste by controlling the sources of releases or threatened releases at the facility. 107.15"Closure" includes removing contaminated equipment and liners; applying final cover; 107.16grading and seeding final cover; installing wells, borings, and other monitoring devices; 107.17constructing groundwater and surface water diversion structures; and installing gas control 107.18systems and site security systems, as necessary. The commissioner may authorize use of 107.19final cover that includes processed materials that meet the requirements in Code of Federal 107.20Regulations, title 40, section 503.32, paragraph (a). 107.21(d) "Closure upgrade" means construction activity that will, at a minimum, modify an 107.22existing cover so that it satisfies current rule requirements for mixed municipal solid waste 107.23land disposal facilities. 107.24(e) "Contingency action" means organized, planned, or coordinated courses of action to 107.25be followed in case of fire, explosion, or release of solid waste, waste by-products, or 107.26leachate that could threaten human health or the environment. 107.27(f) "Corrective action" means steps taken to repair facility structures including liners, 107.28monitoring wells, separation equipment, covers, and aeration devices and to bring the facility 107.29into compliance with design, construction, groundwater, surface water, and air emission 107.30standards. 107.31(g) new text begin "Custodial" or "custodial care" means actions taken for the care, maintenance, and new text end 107.32 new text begin monitoring of closure actions at a mixed municipal solid waste disposal facility after new text end 107.33 new text begin completion of the postclosure period. new text end 108.1 new text begin (h) new text end "Decomposition gases" means gases produced by chemical or microbial activity 108.2during the decomposition of solid waste. 108.3(h) new text begin (i) new text end "Dump materials" means nonhazardous mixed municipal solid wastes disposed 108.4at a Minnesota waste disposal site other than a qualified facility prior to 1973. 108.5(i) new text begin (j) new text end "Environmental response action" means response action at a qualified facility new text begin or new text end 108.6 new text begin priority qualified facility new text end , including corrective action, closure, postclosure care; contingency 108.7action; environmental studies, including remedial investigations and feasibility studies; 108.8engineering, including remedial design; removal; remedial action; site construction; and 108.9other similar cleanup-related activities. 108.10(j) new text begin (k) new text end "Environmental response costs" means: 108.11(1) costs of environmental response action, not including legal or administrative expenses; 108.12and 108.13(2) costs required to be paid to the federal government under section 107(a) of the federal 108.14Superfund Act, as amended. 108.15 new text begin (l) "Owner or operator of a priority qualified facility" means a person, personal new text end 108.16 new text begin representative, trustee, beneficiary, partnership, sole proprietorship, firm, limited liability new text end 108.17 new text begin company, cooperative, association, corporation, or other entity that: new text end 108.18 new text begin (1) has possession of, holds title to, or owns a controlling interest in a priority qualified new text end 108.19 new text begin facility; new text end new text begin new text end 108.20 new text begin (2) participates in decision making related to compliance with federal and state new text end 108.21 new text begin environmental laws and regulations for a priority qualified facility; or new text end 108.22 new text begin (3) has authority or control to make decisions regarding state and federal environmental new text end 108.23 new text begin laws and regulations for a priority qualified facility. new text end 108.24 new text begin (m) "Priority qualified facility" means: new text end 108.25 new text begin (1) a qualified facility: new text end 108.26 new text begin (i) that is listed on the National Priorities List pursuant to the federal Comprehensive new text end 108.27 new text begin Environmental Response, Compensation, and Liability Act; new text end 108.28 new text begin (ii) that is listed on the Permanent List of Priorities pursuant to the Minnesota new text end 108.29 new text begin Environmental Response and Liability Act; new text end 109.1 new text begin (iii) for which a binding agreement pursuant to section 115B.40, subdivision 4, has not new text end 109.2 new text begin been entered into between the owner or operator of the qualified facility and the new text end 109.3 new text begin commissioner; and new text end 109.4 new text begin (iv) that is not an excluded facility pursuant to section 115B.405; and new text end 109.5 new text begin (2) property located within 750 feet from the boundary of a facility described in clause new text end 109.6 new text begin (1), including any contiguous property: new text end 109.7 new text begin (i) that is listed on the Permanent List of Priorities pursuant to the Minnesota new text end 109.8 new text begin Environmental Response and Liability Act, as of the effective date of this section; new text end 109.9 new text begin (ii) where mixed municipal solid waste was disposed of within the boundaries of the new text end 109.10 new text begin property, which disposal did not occur under a permit from the agency; and new text end 109.11 new text begin (iii) for which the commissioner determines an environmental response action is necessary new text end 109.12 new text begin to protect public health or welfare or the environment at and in the vicinity of the facility new text end 109.13 new text begin described in clause (1). new text end 109.14(k) new text begin (n) new text end "Postclosure" or "postclosure care" means actions taken for the care, maintenance, 109.15and monitoring of closure actions at a mixed municipal solid waste disposal facility. 109.16(l) new text begin (o) new text end "Qualified facility" means a mixed municipal solid waste disposal facility as 109.17described in the most recent agency permit, including adjacent property used for solid waste 109.18disposal that did not occur under a permit from the agency, that: 109.19(1)(i) is or was permitted by the agency; 109.20(ii) stopped accepting solid waste, except demolition debris, for disposal by April 9, 109.211994; and 109.22(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that 109.23demolition debris may be accepted until May 1, 1995, at a permitted area where disposal 109.24of demolition debris is allowed, if the area where the demolition debris is deposited is at 109.25least 50 feet from the fill boundary of the area where mixed municipal solid waste was 109.26deposited; or 109.27(2) is or was permitted by the agency; and 109.28(i) stopped accepting waste by January 1, 2000, except that demolition debris, industrial 109.29waste, and municipal solid waste combustor ash may be accepted until January 1, 2001, at 109.30a permitted area where disposal of such waste is allowed, if the area where the waste is 109.31deposited is at least 50 feet from the fill boundary of the area where mixed municipal solid 109.32waste was deposited; or 110.1(ii) stopped accepting waste by January 1, 2019, and is located in a county that meets 110.2all applicable recycling goals in section 115A.551 and that has arranged for all mixed 110.3municipal solid waste generated in the county to be delivered to and processed by a resource 110.4recovery facility located in the county for at least 20 years new text begin ; or new text end 110.5 new text begin (3) is or was permitted by the agency and stopped accepting waste for disposal by January new text end 110.6 new text begin 1, 2009, and for which the postclosure care period ended on July 26, 2013 new text end . 110.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 110.8    Sec. 125. Minnesota Statutes 2016, section 115B.40, subdivision 4, is amended to read: 110.9    Subd. 4. Qualified facility not under cleanup order; duties. (a) The owner or operator 110.10of a qualified facility that is not subject to a cleanup order shall: 110.11(1) complete closure activities at the facility, or enter into a binding agreement with the 110.12commissioner to do so, as provided in paragraph (e), within one year from the date the 110.13owner or operator is notified by the commissioner under subdivision 3 of the closure activities 110.14that are necessary to properly close the facility in compliance with facility's permit, closure 110.15orders, or enforcement agreement with the agency, and with the solid waste rules in effect 110.16at the time the facility stopped accepting waste; 110.17(2) undertake or continue postclosure new text begin and custodial new text end care at the facility until the date of 110.18notice of compliance under subdivision 7; 110.19(3) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 110.20(l) new text begin (o) new text end , clause (1), transfer to the commissioner of revenue for deposit in the remediation 110.21fund established in section 116.155 any funds required for proof of financial responsibility 110.22under section 116.07, subdivision 4h, that remain after facility closure and any postclosure 110.23care and response action undertaken by the owner or operator at the facility including, if 110.24proof of financial responsibility is provided through a letter of credit or other financial 110.25instrument or mechanism that does not accumulate money in an account, the amount that 110.26would have accumulated had the owner or operator utilized a trust fund, less any amount 110.27used for closure, postclosure care, and response action at the facility; and 110.28(4) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 110.29(l) new text begin (o) new text end , clause (2), transfer to the commissioner of revenue for deposit in the remediation 110.30fund established in section 116.155 an amount of cash that is equal to the sum of their 110.31approved current contingency action cost estimate and the present value of their approved 110.32estimated remaining postclosure care costs required for proof of financial responsibility 110.33under section 116.07, subdivision 4h. new text begin ; and new text end 111.1 new text begin (5) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph new text end 111.2 new text begin (o), clause (3), transfer to the commissioner of revenue for deposit in the remediation fund new text end 111.3 new text begin established in section 116.155 an amount of cash that is equal to the sum of their approved new text end 111.4 new text begin current contingency action cost estimate and any funds required for proof of financial new text end 111.5 new text begin responsibility under section 116.07, subdivision 4h, that remain after facility closure and new text end 111.6 new text begin any postclosure and custodial care and response action undertaken by the owner or operator new text end 111.7 new text begin at the facility. new text end 111.8(b) The owner or operator of a qualified facility that is not subject to a cleanup order 111.9shall: 111.10(1) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 111.11(l) new text begin (o) new text end , clause (1), provide the commissioner with a copy of all applicable comprehensive 111.12general liability insurance policies and other liability policies relating to property damage, 111.13certificates, or other evidence of insurance coverage held during the life of the facility; and 111.14(2) enter into a binding agreement with the commissioner to: 111.15(i) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 111.16(l) new text begin (o) new text end , clause (1), take any actions necessary to preserve the owner or operator's rights to 111.17payment or defense under insurance policies included in clause (1); cooperate with the 111.18commissioner in asserting claims under the policies; and, within 60 days of a request by 111.19the commissioner, but no earlier than July 1, 1996, assign only those rights under the policies 111.20related to environmental response costs; 111.21(ii) cooperate with the commissioner or other persons acting at the direction of the 111.22commissioner in taking additional environmental response actions necessary to address 111.23releases or threatened releases and to avoid any action that interferes with environmental 111.24response actions, including allowing entry to the property and to the facility's records and 111.25allowing entry and installation of equipment; and 111.26(iii) refrain from developing or altering the use of property described in any permit for 111.27the facility except after consultation with the commissioner and in conformance with any 111.28conditions established by the commissioner for that property, including use restrictions, to 111.29protect public health and welfare and the environment. 111.30(c) The owner or operator of a qualified facility defined in section 115B.39, subdivision 111.312 , paragraph (l) new text begin (o) new text end , clause (1), that is a political subdivision may use a portion of any funds 111.32established for response at the facility, which are available directly or through a financial 111.33instrument or other financial arrangement, for closure or postclosure care at the facility if 112.1funds available for closure or postclosure care are inadequate and shall assign the rights to 112.2any remainder to the commissioner. 112.3(d) The agreement required in paragraph (b), clause (2), must be in writing and must 112.4apply to and be binding upon the successors and assigns of the owner. The owner shall 112.5record the agreement, or a memorandum approved by the commissioner that summarizes 112.6the agreement, with the county recorder or registrar of titles of the county where the property 112.7is located. 112.8(e) A binding agreement entered into under paragraph (a), clause (1), may include a 112.9provision that the owner or operator will reimburse the commissioner for the costs of closing 112.10the facility to the standard required in that clause. 112.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 112.12    Sec. 126. new text begin [115B.406] PRIORITY QUALIFIED FACILITIES. new text end 112.13     new text begin Subdivision 1. new text end new text begin Legislative findings. new text end new text begin The legislature recognizes the need to protect the new text end 112.14 new text begin public health and welfare and the environment at priority qualified facilities. To implement new text end 112.15 new text begin a timely and effective cleanup and prevent multiparty litigation, the legislature finds it is in new text end 112.16 new text begin the public interest to direct the commissioner of the Pollution Control Agency to take new text end 112.17 new text begin environmental response actions that the commissioner deems reasonable and necessary to new text end 112.18 new text begin protect the public health or welfare or the environment at priority qualified facilities and to new text end 112.19 new text begin acquire real property interests at priority qualified facilities to ensure the completion and new text end 112.20 new text begin long-term effectiveness of environmental response actions. new text end 112.21     new text begin Subd. 2. new text end new text begin Notifying owner or operator of priority qualified facility. new text end new text begin Within 30 days new text end 112.22 new text begin after the effective date of this section, or within 30 days after section 115B.39, subdivision new text end 112.23 new text begin 2, paragraph (m), applies to a facility, whichever is later, the commissioner must notify the new text end 112.24 new text begin owner or operator of a qualified facility that the facility is a priority qualified facility under new text end 112.25 new text begin section 115B.39, subdivision 2, paragraph (m). Within 60 days after being notified under new text end 112.26 new text begin this subdivision, the owner or operator of a priority qualified facility must enter into a new text end 112.27 new text begin binding agreement with the commissioner according to section 115B.40, subdivision 4, new text end 112.28 new text begin paragraph (b). new text end 112.29     new text begin Subd. 3. new text end new text begin State response. new text end new text begin If the owner or operator of a priority qualified facility fails to new text end 112.30 new text begin enter into a binding agreement according to subdivision 2: new text end 112.31 new text begin (1) the commissioner must assume all obligations for environmental response actions new text end 112.32 new text begin under the federal Superfund Act and any federal or state cleanup orders and undertake new text end 113.1 new text begin further action under section 115B.40, subdivision 1, at or related to the priority qualified new text end 113.2 new text begin facility that the commissioner deems reasonable and necessary; new text end 113.3 new text begin (2) the commissioner must not seek recovery against responsible persons who are not new text end 113.4 new text begin the owner or operator of a priority qualified facility of any costs incurred by the commissioner new text end 113.5 new text begin for environmental response action at or related to the facility, except as provided under new text end 113.6 new text begin section 115B.40, subdivision 7, paragraph (b), clause (2), item (i) or (ii); and new text end 113.7 new text begin (3) the commissioner and the attorney general must communicate with the United States new text end 113.8 new text begin Environmental Protection Agency regarding the manner and procedure for the state's new text end 113.9 new text begin assumption of federal obligations at the priority qualified facility. new text end 113.10     new text begin Subd. 4. new text end new text begin Civil penalty. new text end new text begin An owner or operator of a priority qualified facility is subject new text end 113.11 new text begin to a civil penalty in an amount to be determined by the court of not more than $20,000 per new text end 113.12 new text begin day for each day that the owner or operator fails to comply with subdivision 2. The penalty new text end 113.13 new text begin ceases to accrue when the owner or operator enters into a binding agreement with the new text end 113.14 new text begin commissioner according to section 115B.40, subdivision 4, paragraph (b), and a payment new text end 113.15 new text begin agreement for environmental response costs incurred by the commissioner at or related to new text end 113.16 new text begin the priority qualified facility. The civil penalty may be recovered by an action brought by new text end 113.17 new text begin the attorney general in the name of the state in connection with an action to recover expenses new text end 113.18 new text begin of the agency under subdivision 7 or by a separate action in the District Court of Ramsey new text end 113.19 new text begin County. All penalties recovered under this subdivision must be deposited in the remediation new text end 113.20 new text begin fund. new text end 113.21     new text begin Subd. 5. new text end new text begin Disqualification; permits. new text end new text begin If an owner or operator of a priority qualified facility new text end 113.22 new text begin that is not a local government unit fails to comply with subdivision 2, the owner or operator new text end 113.23 new text begin is ineligible to obtain or renew a state or local permit or license to engage in a business that new text end 113.24 new text begin manages solid waste. Failure of an owner or operator of a priority qualified facility that is new text end 113.25 new text begin not a local government unit to comply with subdivision 2 is prima facie evidence of the new text end 113.26 new text begin lack of fitness of the owner or operator to conduct any solid waste business and is grounds new text end 113.27 new text begin for revocation of any solid waste permit or license held by the owner or operator. new text end 113.28     new text begin Subd. 6. new text end new text begin Duty to provide information. new text end new text begin Any person that the commissioner determines new text end 113.29 new text begin has information regarding the priority qualified facility or the owner or operator of the new text end 113.30 new text begin priority qualified facility must furnish to the commissioner any information that person may new text end 113.31 new text begin have or may reasonably obtain that is relevant to the priority qualified facility or the owner new text end 113.32 new text begin or operator of the priority qualified facility. The commissioner upon presentation of new text end 113.33 new text begin credentials may examine and copy any books, papers, records, memoranda, or data of a new text end 113.34 new text begin person that has a duty to provide information to the commissioner and may enter upon any new text end 114.1 new text begin property, public or private, to take any action authorized by this section, including obtaining new text end 114.2 new text begin information from a person that has a duty to provide the information. new text end 114.3     new text begin Subd. 7. new text end new text begin Recovering expenses. new text end new text begin Any reasonable and necessary expenses incurred by the new text end 114.4 new text begin commissioner pursuant to this section, including all environmental response costs and new text end 114.5 new text begin administrative and legal expenses, may be recovered in a civil action brought by the attorney new text end 114.6 new text begin general against the owner or operator of a priority qualified facility. The commissioner's new text end 114.7 new text begin certification of expenses is prima facie evidence that the expenses are reasonable and new text end 114.8 new text begin necessary. Any expenses incurred pursuant to this section that are recovered by the attorney new text end 114.9 new text begin general, including any award of attorney fees, must be deposited in the remediation fund. new text end 114.10     new text begin Subd. 8. new text end new text begin Claims prohibited. new text end new text begin The owner or operator of a priority qualified facility is new text end 114.11 new text begin barred from bringing any claim based on contract, tort, or statute or using any remedy new text end 114.12 new text begin available under any other provision of state law, including common law, for personal injury, new text end 114.13 new text begin disease, economic loss, environmental response costs incurred by the owner or operator, new text end 114.14 new text begin environmental response costs incurred by the state, or legal and administrative expenses new text end 114.15 new text begin arising out of a release or threat of release of any hazardous substance, pollutant, contaminant, new text end 114.16 new text begin or decomposition gases related to the priority qualified facility. new text end 114.17     new text begin Subd. 9. new text end new text begin Environmental response costs; liens. new text end new text begin All environmental response costs, new text end 114.18 new text begin including administrative and legal expenses, incurred by the commissioner at a priority new text end 114.19 new text begin qualified facility constitute a lien in favor of the state upon any real property located in the new text end 114.20 new text begin state, other than homestead property, owned by the owner or operator of the priority qualified new text end 114.21 new text begin facility who is subject to the requirements of section 115B.40, subdivision 4 or 5. A lien new text end 114.22 new text begin under this subdivision attaches when the environmental response costs are first incurred. new text end 114.23 new text begin Notwithstanding section 514.672, a lien under this subdivision continues until the lien is new text end 114.24 new text begin satisfied or six years after completion of construction of the final environmental response new text end 114.25 new text begin action, not including operation and maintenance. Notice, filing, and release of the lien are new text end 114.26 new text begin governed by sections 514.671 to 514.676, except where those requirements specifically are new text end 114.27 new text begin related to only cleanup action expenses as defined in section 514.671. Relative priority of new text end 114.28 new text begin a lien under this subdivision is governed by section 514.672, except that a lien attached to new text end 114.29 new text begin property that was included in any permit for the priority qualified facility takes precedence new text end 114.30 new text begin over all other liens regardless of when the other liens were or are perfected. Amounts received new text end 114.31 new text begin to satisfy all or a part of a lien must be deposited in the remediation fund. new text end 114.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 115.1    Sec. 127. new text begin [115B.407] ACQUISITION AND DISPOSITION OF REAL PROPERTY new text end 115.2 new text begin AT PRIORITY QUALIFIED FACILITIES. new text end 115.3 new text begin (a) The commissioner may acquire interests in real property by donation or eminent new text end 115.4 new text begin domain at all or a portion of a priority qualified facility. Condemnation under this section new text end 115.5 new text begin includes acquisition of fee title or an easement. After acquiring an interest in real property new text end 115.6 new text begin under this section, the commissioner must take environmental response actions at the priority new text end 115.7 new text begin qualified facility according to sections 115B.39 to 115B.414 after the legislature makes an new text end 115.8 new text begin appropriation for that purpose. new text end 115.9 new text begin (b) The commissioner may dispose of real property acquired under this section according new text end 115.10 new text begin to section 115B.17, subdivision 16. new text end 115.11 new text begin (c) Chapter 117 governs condemnation proceedings by the commissioner under this new text end 115.12 new text begin section. The exceptions under section 117.189 apply to the use of eminent domain authority new text end 115.13 new text begin under this section. new text end 115.14 new text begin (d) The state is not liable under this chapter solely as a result of acquiring an interest in new text end 115.15 new text begin real property under this section. new text end 115.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 115.17    Sec. 128. new text begin [115B.408] DEPOSIT OF PROCEEDS. new text end 115.18 new text begin All amounts paid to the state under sections 115B.406 and 115B.407 must be deposited new text end 115.19 new text begin in the state treasury and credited to the remediation fund. new text end 115.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 115.21    Sec. 129. Minnesota Statutes 2016, section 115C.021, subdivision 1, is amended to read: 115.22    Subdivision 1. General rule. Except as provided in subdivisions 2 to 4 new text begin 5 new text end , a person is 115.23responsible for a release from a tank if the person is an owner or operator of the tank at any 115.24time during or after the release. 115.25    Sec. 130. Minnesota Statutes 2016, section 115C.021, is amended by adding a subdivision 115.26to read: 115.27     new text begin Subd. 5. new text end new text begin Heating fuel oil vendor. new text end new text begin A heating fuel oil vendor is not a responsible person new text end 115.28 new text begin for a heating fuel oil release at a residential location if the release was caused solely by the new text end 115.29 new text begin failure of a tank owned by the homeowner. new text end 116.1    Sec. 131. Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read: 116.2    Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and 116.3resource management permits be issued or denied within 90 days for Tier 1 permits or 150 116.4days for Tier 2 permits following submission of a permit application. The commissioner of 116.5the Pollution Control Agency shall establish management systems designed to achieve the 116.6goal. For the purposes of this section, "Tier 1 permits" are permits that do not require 116.7individualized actions or public comment periods, and "Tier 2 permits" are permits that 116.8require individualized actions or public comment periods. 116.9(b) The commissioner shall prepare an annual permitting efficiency report that includes 116.10statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit 116.11categories. The report is due August 1 each year. For permit applications that have not met 116.12the goal, the report must state the reasons for not meeting the goal. In stating the reasons 116.13for not meeting the goal, the commissioner shall separately identify delays caused by the 116.14responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the 116.15level of public engagement. The report must specify the number of days from initial 116.16submission of the application to the day of determination that the application is complete. 116.17The report must aggregate the data for the year and assess whether program or system 116.18changes are necessary to achieve the goal. The report must be posted on the agency's Web 116.19site and submitted to the governor and the chairs and ranking minority members of the house 116.20of representatives and senate committees having jurisdiction over environment policy and 116.21finance. 116.22(c) The commissioner shall allow electronic submission of environmental review and 116.23permit documents to the agency. 116.24(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject 116.25to paragraph (a), the commissioner of the Pollution Control Agency shall notify the project 116.26proposer new text begin permit applicant new text end , in writing, whether the application is complete or incomplete. If 116.27the commissioner determines that an application is incomplete, the notice to the applicant 116.28must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes, 116.29and advise the applicant on how the deficiencies can be remedied. If the commissioner 116.30determines that the application is complete, the notice must confirm the application's Tier 116.311 or Tier 2 permit status. new text begin If the commissioner believes that a complete application for a Tier new text end 116.32 new text begin 2 construction permit cannot be issued within the 150-day goal, the commissioner must new text end 116.33 new text begin provide notice to the applicant with the commissioner's notice that the application is complete new text end 116.34 new text begin and, upon request of the applicant, provide the permit applicant with a schedule estimating new text end 116.35 new text begin when the agency will begin drafting the permit and issue the public notice of the draft permit. new text end 117.1This paragraph does not apply to an application for a permit that is subject to a grant or loan 117.2agreement under chapter 446A. 117.3(e) For purposes of this subdivision, "permit professional" means an individual not 117.4employed by the Pollution Control Agency who: 117.5(1) has a professional license issued by the state of Minnesota in the subject area of the 117.6permit; 117.7(2) has at least ten years of experience in the subject area of the permit; and 117.8(3) abides by the duty of candor applicable to employees of the Pollution Control Agency 117.9under agency rules and complies with all applicable requirements under chapter 326. 117.10(f) Upon the agency's request, an applicant relying on a permit professional must 117.11participate in a meeting with the agency before submitting an application: 117.12(1) at least two weeks prior to the preapplication meeting, the applicant must submit at 117.13least the following: 117.14(i) project description, including, but not limited to, scope of work, primary emissions 117.15points, discharge outfalls, and water intake points; 117.16(ii) location of the project, including county, municipality, and location on the site; 117.17(iii) business schedule for project completion; and 117.18(iv) other information requested by the agency at least four weeks prior to the scheduled 117.19meeting; and 117.20    (2) during the preapplication meeting, the agency shall provide for the applicant at least 117.21the following: 117.22(i) an overview of the permit review program; 117.23(ii) a determination of which specific application or applications will be necessary to 117.24complete the project; 117.25(iii) a statement notifying the applicant if the specific permit being sought requires a 117.26mandatory public hearing or comment period; 117.27(iv) a review of the timetable established in the permit review program for the specific 117.28permit being sought; and 117.29(v) a determination of what information must be included in the application, including 117.30a description of any required modeling or testing. 118.1(g) The applicant may select a permit professional to undertake the preparation of the 118.2permit application and draft permit. 118.3(h) If a preapplication meeting was held, the agency shall, within seven business days 118.4of receipt of an application, notify the applicant and submitting permit professional that the 118.5application is complete or is denied, specifying the deficiencies of the application. 118.6(i) Upon receipt of notice that the application is complete, the permit professional shall 118.7submit to the agency a timetable for submitting a draft permit. The permit professional shall 118.8submit a draft permit on or before the date provided in the timetable. Within 60 days after 118.9the close of the public comment period, the commissioner shall notify the applicant whether 118.10the permit can be issued. 118.11(j) Nothing in this section shall be construed to modify: 118.12(1) any requirement of law that is necessary to retain federal delegation to or assumption 118.13by the state; or 118.14(2) the authority to implement a federal law or program. 118.15(k) The permit application and draft permit shall identify or include as an appendix all 118.16studies and other sources of information used to substantiate the analysis contained in the 118.17permit application and draft permit. The commissioner shall request additional studies, if 118.18needed, and the project proposer new text begin permit applicant new text end shall submit all additional studies and 118.19information necessary for the commissioner to perform the commissioner's responsibility 118.20to review, modify, and determine the completeness of the application and approve the draft 118.21permit. 118.22    Sec. 132. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision 118.23to read: 118.24     new text begin Subd. 7. new text end new text begin Draft permits; public notice. new text end new text begin When public notice of a draft individual Tier 2 new text end 118.25 new text begin permit is required, the commissioner must provide to the applicant a draft permit for review new text end 118.26 new text begin by the applicant within 30 days after determining the proposal conforms to all federal and new text end 118.27 new text begin state laws and rules, unless the permit applicant and the commissioner mutually agree to a new text end 118.28 new text begin different date. The commissioner must consider all comments submitted by the applicant new text end 118.29 new text begin before issuing the permit. new text end 118.30    Sec. 133. Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read: 118.31    Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater 118.32than those necessary to cover the reasonable costs of developing, reviewing, and acting 119.1upon applications for agency permits and implementing and enforcing the conditions of the 119.2permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The 119.3fee schedule must reflect reasonable and routine direct and indirect costs associated with 119.4permitting, implementation, and enforcement. The agency may impose an additional 119.5enforcement fee to be collected for a period of up to two years to cover the reasonable costs 119.6of implementing and enforcing the conditions of a permit under the rules of the agency. 119.7Any money collected under this paragraph shall be deposited in the environmental fund. 119.8(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner 119.9or operator of all stationary sources, emission facilities, emissions units, air contaminant 119.10treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage 119.11facilities subject to a notification, permit, or license requirement under this chapter, 119.12subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401 119.13et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and 119.14indirect reasonable costs, including legal costs, required to develop and administer the 119.15notification, permit, or license program requirements of this chapter, subchapters I and V 119.16of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules 119.17adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon 119.18an application for a permit; implementing and enforcing statutes, rules, and the terms and 119.19conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally 119.20applicable regulations; responding to federal guidance; modeling, analyses, and 119.21demonstrations; preparing inventories and tracking emissions; and providing information 119.22to the public about these activities. 119.23(c) The agency shall set fees that: 119.24(1) will result in the collection, in the aggregate, from the sources listed in paragraph 119.25(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant 119.26regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of 119.27the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national 119.28primary ambient air quality standard has been promulgated; 119.29(2) may result in the collection, in the aggregate, from the sources listed in paragraph 119.30(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is 119.31regulated under this chapter or air quality rules adopted under this chapter; and 119.32(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount 119.33needed to match grant funds received by the state under United States Code, title 42, section 119.347405 (section 105 of the federal Clean Air Act). 120.1The agency must not include in the calculation of the aggregate amount to be collected 120.2under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant 120.3from a source. The increase in air permit fees to match federal grant funds shall be a surcharge 120.4on existing fees. The commissioner may not collect the surcharge after the grant funds 120.5become unavailable. In addition, the commissioner shall use nonfee funds to the extent 120.6practical to match the grant funds so that the fee surcharge is minimized. 120.7(d) To cover the reasonable costs described in paragraph (b), the agency shall provide 120.8in the rules promulgated under paragraph (c) for an increase in the fee collected in each 120.9year by the percentage, if any, by which the Consumer Price Index for the most recent 120.10calendar year ending before the beginning of the year the fee is collected exceeds the 120.11Consumer Price Index for the calendar year 1989. For purposes of this paragraph the 120.12Consumer Price Index for any calendar year is the average of the Consumer Price Index for 120.13all-urban consumers published by the United States Department of Labor, as of the close 120.14of the 12-month period ending on August 31 of each calendar year. The revision of the 120.15Consumer Price Index that is most consistent with the Consumer Price Index for calendar 120.16year 1989 shall be used. 120.17(e) Any money collected under paragraphs (b) to (d) must be deposited in the 120.18environmental fund and must be used solely for the activities listed in paragraph (b). 120.19(f) Permit applicants who wish to construct, reconstruct, or modify a facility new text begin project new text end may 120.20offer to reimburse the agency for the costs of staff time or consultant services needed to 120.21expedite the new text begin preapplication process and new text end permit development process new text begin through the final new text end 120.22 new text begin decision on the permit new text end , including the analysis of environmental review documents. The 120.23reimbursement shall be in addition to permit application fees imposed by law. When the 120.24agency determines that it needs additional resources to develop the permit application in 120.25an expedited manner, and that expediting the development is consistent with permitting 120.26program priorities, the agency may accept the reimbursement. new text begin The commissioner must give new text end 120.27 new text begin the applicant an estimate of costs to be incurred by the commissioner. The estimate must new text end 120.28 new text begin include a brief description of the tasks to be performed, a schedule for completing the tasks, new text end 120.29 new text begin and the estimated cost for each task. The applicant and the commissioner must enter into a new text end 120.30 new text begin written agreement detailing the estimated costs for the expedited permit decision-making new text end 120.31 new text begin process to be incurred by the agency. The agreement must also identify staff anticipated to new text end 120.32 new text begin be assigned to the project. The commissioner must not issue a permit until the applicant has new text end 120.33 new text begin paid all fees in full. The commissioner must refund any unobligated balance of fees paid. new text end 120.34Reimbursements accepted by the agency are appropriated to the agency for the purpose of 120.35developing the permit or analyzing environmental review documents. Reimbursement by 121.1a permit applicant shall precede and not be contingent upon issuance of a permit; shall not 121.2affect the agency's decision on whether to issue or deny a permit, what conditions are 121.3included in a permit, or the application of state and federal statutes and rules governing 121.4permit determinations; and shall not affect final decisions regarding environmental review. 121.5(g) The fees under this subdivision are exempt from section 16A.1285. 121.6    Sec. 134. Minnesota Statutes 2016, section 116.0714, is amended to read: 121.7116.0714 NEW OPEN AIR SWINE BASINS. 121.8    The commissioner of the Pollution Control Agency or a county board shall not approve 121.9any permits for the construction of new open air swine basins, except that existing facilities 121.10may use one basin of less than 1,000,000 gallons as part of a permitted waste treatment 121.11program for resolving pollution problems or to allow conversion of an existing basin of less 121.12than 1,000,000 gallons to a different animal type, provided all standards are met. This section 121.13expires June 30, 2017 new text begin 2022 new text end . 121.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 121.15    Sec. 135. Minnesota Statutes 2016, section 116C.03, subdivision 2, is amended to read: 121.16    Subd. 2. Membership. The members of the board are the commissioner of administration, 121.17the commissioner of commerce, the commissioner of the Pollution Control Agency, the 121.18commissioner of natural resources, the commissioner of agriculture, the commissioner of 121.19health, the commissioner of employment and economic development, the commissioner of 121.20transportation, new text begin and new text end the chair of the Board of Water and Soil Resources, and a representative 121.21of the governor's office designated by the governor. The governor shall appoint five members 121.22from the general public to the board new text begin , one from each congressional district new text end , subject to the 121.23advice and consent of the senate. At least two of the five new text begin four new text end public members must have 121.24knowledge of and be conversant in water management issues in the state new text begin environmental new text end 121.25 new text begin review or permitting new text end . new text begin The governor must appoint the chair of the board. new text end Notwithstanding 121.26the provisions of section 15.06, subdivision 6, members of the board may not delegate their 121.27powers and responsibilities as board members to any other person. new text begin Members appointed new text end 121.28 new text begin under this subdivision must not be registered lobbyists or legislators. new text end 121.29    Sec. 136. Minnesota Statutes 2016, section 116C.04, subdivision 2, is amended to read: 121.30    Subd. 2. Jurisdiction. (a) The board shall determine which environmental problems of 121.31interdepartmental concern to state government shall be considered by the board. The board 121.32shall initiate interdepartmental investigations into those matters that it determines are in 122.1need of study. Topics for investigation may include but need not be limited to future 122.2population and settlement patterns, air and water resources and quality, solid waste 122.3management, transportation and utility corridors, economically productive open space, 122.4energy policy and need, growth and development, and land use new text begin and new text end planning. 122.5(b) The board shall review programs of state agencies that significantly affect the 122.6environment and coordinate those it determines are interdepartmental in nature, and insure 122.7agency compliance with state environmental policy. 122.8(c) The board may review environmental rules and criteria for granting and denying 122.9permits by state agencies and may resolve conflicts involving state agencies with regard to 122.10programs, rules, permits and procedures significantly affecting the environment, provided 122.11that such resolution of conflicts is consistent with state environmental policy. 122.12(d) State agencies shall submit to the board all proposed legislation of major significance 122.13relating to the environment and the board shall submit a report to the governor and the 122.14legislature with comments on such major environmental proposals of state agencies. 122.15    Sec. 137. Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read: 122.16    Subd. 2a. When prepared. new text begin (a) new text end Where there is potential for significant environmental 122.17effects resulting from any major governmental action, the action shall be preceded by a 122.18detailed environmental impact statement prepared by the responsible governmental unit. 122.19The environmental impact statement shall be an analytical rather than an encyclopedic 122.20document which describes the proposed action in detail, analyzes its significant environmental 122.21impacts, discusses appropriate alternatives to the proposed action and their impacts, and 122.22explores methods by which adverse environmental impacts of an action could be mitigated. 122.23The environmental impact statement shall also analyze those economic, employment, and 122.24sociological effects that cannot be avoided should the action be implemented. To ensure its 122.25use in the decision-making process, the environmental impact statement shall be prepared 122.26as early as practical in the formulation of an action. 122.27    (a) new text begin (b) new text end The board shall by rule establish categories of actions for which environmental 122.28impact statements and for which environmental assessment worksheets shall be prepared 122.29as well as categories of actions for which no environmental review is required under this 122.30section. A mandatory environmental assessment worksheet shall new text begin is new text end not be required for the 122.31expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), 122.32or the conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol 122.33facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded 122.34or converted facility to produce alcohol fuel, but must be required if the ethanol plant or 123.1biobutanol facility meets or exceeds thresholds of other categories of actions for which 123.2environmental assessment worksheets must be prepared. The responsible governmental unit 123.3for an ethanol plant or biobutanol facility project for which an environmental assessment 123.4worksheet is prepared shall be new text begin is new text end the state agency with the greatest responsibility for 123.5supervising or approving the project as a whole. 123.6 new text begin (c) new text end A mandatory environmental impact statement shall new text begin is new text end not be required for a facility 123.7or plant located outside the seven-county metropolitan area that produces less than 123.8125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less 123.9than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as 123.10defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined 123.11in section 41A.15, subdivision 2d; or a cellulosic biofuel facility. A facility or plant that 123.12only uses a cellulosic feedstock to produce chemical products for use by another facility as 123.13a feedstock shall new text begin is new text end not be considered a fuel conversion facility as used in rules adopted 123.14under this chapter. 123.15    (b) new text begin (d) new text end The responsible governmental unit shall promptly publish notice of the completion 123.16of an environmental assessment worksheet by publishing the notice in at least one newspaper 123.17of general circulation in the geographic area where the project is proposed, by posting the 123.18notice on a Web site that has been designated as the official publication site for publication 123.19of proceedings, public notices, and summaries of a political subdivision in which the project 123.20is proposed, or in any other manner determined by the board and shall provide copies of 123.21the environmental assessment worksheet to the board and its member agencies. Comments 123.22on the need for an environmental impact statement may be submitted to the responsible 123.23governmental unit during a 30-day period following publication of the notice that an 123.24environmental assessment worksheet has been completed. The responsible governmental 123.25unit's decision on the need for an environmental impact statement shall be based on the 123.26environmental assessment worksheet and the comments received during the comment period, 123.27and shall be made within 15 days after the close of the comment period. The board's chair 123.28may extend the 15-day period by not more than 15 additional days upon the request of the 123.29responsible governmental unit. 123.30    (c) new text begin (e) new text end An environmental assessment worksheet shall also be prepared for a proposed 123.31action whenever material evidence accompanying a petition by not less than 100 individuals 123.32who reside or own property in the state, submitted before the proposed project has received 123.33final approval by the appropriate governmental units, demonstrates that, because of the 123.34nature or location of a proposed action, there may be potential for significant environmental 123.35effects. Petitions requesting the preparation of an environmental assessment worksheet shall 124.1be submitted to the board. The chair of the board shall determine the appropriate responsible 124.2governmental unit and forward the petition to it. A decision on the need for an environmental 124.3assessment worksheet shall be made by the responsible governmental unit within 15 days 124.4after the petition is received by the responsible governmental unit. The board's chair may 124.5extend the 15-day period by not more than 15 additional days upon request of the responsible 124.6governmental unit. 124.7    (d) new text begin (f) new text end Except in an environmentally sensitive location where Minnesota Rules, part 124.84410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 124.9review under this chapter and rules of the board, if: 124.10    (1) the proposed action is: 124.11    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or 124.12    (ii) an expansion of an existing animal feedlot facility with a total cumulative capacity 124.13of less than 1,000 animal units; 124.14    (2) the application for the animal feedlot facility includes a written commitment by the 124.15proposer to design, construct, and operate the facility in full compliance with Pollution 124.16Control Agency feedlot rules; and 124.17    (3) the county board holds a public meeting for citizen input at least ten business days 124.18prior to new text begin before new text end the Pollution Control Agency or county issuing a feedlot permit for the 124.19animal feedlot facility unless another public meeting for citizen input has been held with 124.20regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition 124.21to other exemptions provided under other law and rules of the board. 124.22    (e) new text begin (g) new text end The board may, prior to new text begin before new text end final approval of a proposed project, require 124.23preparation of an environmental assessment worksheet by a responsible governmental unit 124.24selected by the board for any action where environmental review under this section has not 124.25been specifically provided for by rule or otherwise initiated. 124.26    (f) new text begin (h) new text end An early and open process shall be utilized to limit the scope of the environmental 124.27impact statement to a discussion of those impacts, which new text begin that new text end , because of the nature or 124.28location of the project, have the potential for significant environmental effects. The same 124.29process shall be utilized to determine the form, content new text begin , new text end and level of detail of the statement 124.30as well as the alternatives which new text begin that new text end are appropriate for consideration in the statement. In 124.31addition, the permits which new text begin that new text end will be required for the proposed action shall be identified 124.32during the scoping process. Further, the process shall identify those permits for which 124.33information will be developed concurrently with the environmental impact statement. The 125.1board shall provide in its rules for the expeditious completion of the scoping process. The 125.2determinations reached in the process shall be incorporated into the order requiring the 125.3preparation of an environmental impact statement. 125.4    (g) new text begin (i) new text end The responsible governmental unit shall, to the extent practicable, avoid duplication 125.5and ensure coordination between state and federal environmental review and between 125.6environmental review and environmental permitting. Whenever practical, information 125.7needed by a governmental unit for making final decisions on permits or other actions required 125.8for a proposed project shall be developed in conjunction with the preparation of an 125.9environmental impact statement. When an environmental impact statement is prepared for 125.10a project requiring multiple permits for which two or more agencies' decision processes 125.11include either mandatory or discretionary hearings before a hearing officer prior to new text begin before new text end 125.12the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to 125.13the contrary, conduct the hearings in a single consolidated hearing process if requested by 125.14the proposer. All agencies having jurisdiction over a permit that is included in the 125.15consolidated hearing shall participate. The responsible governmental unit shall establish 125.16appropriate procedures for the consolidated hearing process, including procedures to ensure 125.17that the consolidated hearing process is consistent with the applicable requirements for each 125.18permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest 125.19applicable hearing procedure to initiate the hearing. new text begin All agencies having jurisdiction over new text end 125.20 new text begin a permit identified in the draft environmental assessment worksheet scoping document must new text end 125.21 new text begin begin reviewing any permit application upon publication of the notice of preparation of the new text end 125.22 new text begin environmental impact statement. new text end 125.23    (h) new text begin (j) new text end An environmental impact statement shall be prepared and its adequacy determined 125.24within 280 days after notice of its preparation unless the time is extended by consent of the 125.25parties or by the governor for good cause. The responsible governmental unit shall determine 125.26the adequacy of an environmental impact statement, unless within 60 days after notice is 125.27published that an environmental impact statement will be prepared, the board chooses to 125.28determine the adequacy of an environmental impact statement. If an environmental impact 125.29statement is found to be inadequate, the responsible governmental unit shall have 60 days 125.30to prepare an adequate environmental impact statement. 125.31    (i) new text begin (k) new text end The proposer of a specific action may include in the information submitted to the 125.32responsible governmental unit a preliminary draft environmental impact statement under 125.33this section on that action for review, modification, and determination of completeness and 125.34adequacy by the responsible governmental unit. A preliminary draft environmental impact 125.35statement prepared by the project proposer and submitted to the responsible governmental 126.1unit shall identify or include as an appendix all studies and other sources of information 126.2used to substantiate the analysis contained in the preliminary draft environmental impact 126.3statement. The responsible governmental unit shall require additional studies, if needed, 126.4and obtain from the project proposer all additional studies and information necessary for 126.5the responsible governmental unit to perform its responsibility to review, modify, and 126.6determine the completeness and adequacy of the environmental impact statement. 126.7    Sec. 138. Minnesota Statutes 2016, section 116D.04, subdivision 5b, is amended to read: 126.8    Subd. 5b. Review of environmental assessment worksheets and environmental 126.9impact statements. By December 1, 2012 new text begin 2018 new text end , and every five new text begin three new text end years thereafter, the 126.10Environmental Quality Board, Pollution Control Agency, Department of Natural Resources, 126.11and Department of Transportation, after consultation with political subdivisions, shall submit 126.12to the governor and the chairs of the house of representatives and senate committees having 126.13jurisdiction over environment and natural resources a list of mandatory environmental 126.14assessment worksheet and mandatory environmental impact statement categories for which 126.15the agency or a political subdivision is designated as the responsible government unit, and 126.16for each worksheet or statement category, a document including: 126.17(1) intended historical purposes of the category; 126.18(2) whether projects that fall within the category are also subject to local, state, or federal 126.19permits; and 126.20(3) an analysis of new text begin and recommendations for new text end whether the mandatory category should be 126.21modified, eliminated, or unchanged based on its new text begin intended outcomes and new text end relationship to 126.22existing permits or other federal, state, or local laws or ordinances. 126.23    Sec. 139. Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read: 126.24    Subd. 10. Review. A person aggrieved by a final decision on the need for an 126.25environmental assessment worksheet, the need for an environmental impact statement, or 126.26the adequacy of an environmental impact statement is entitled to judicial review of the 126.27decision under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved 126.28person for judicial review under sections 14.63 to 14.68 must be filed with the Court of 126.29Appeals and served on the responsible governmental unit not more than 30 days after the 126.30party receives the final decision and order of the responsible governmental unit new text begin provides new text end 126.31 new text begin notice of the decision in the EQB Monitor new text end . Proceedings for review under this section must 126.32be instituted by serving a petition for a writ of certiorari personally or by certified mail upon 126.33the responsible governmental unit and by promptly filing the proof of service in the Office 127.1of the Clerk of the Appellate Courts and the matter will proceed in the manner provided by 127.2the Rules of Civil Appellate Procedure. A copy of the petition must be provided to the 127.3attorney general at the time of service. Copies of the writ must be served, personally or by 127.4certified mail, upon the responsible governmental unit and the project proposer. The filing 127.5of the writ of certiorari does not stay the enforcement of any other governmental action, 127.6provided that the responsible governmental unit may stay enforcement or the Court of 127.7Appeals may order a stay upon terms it deems proper. A bond may be required under section 127.8562.02 unless at the time of hearing on the application for the bond the petitioner-relator 127.9has shown that the claim is likely to succeed on the merits. The board may initiate judicial 127.10review of decisions referred to herein and the board or a project proposer may intervene as 127.11of right in any proceeding brought under this subdivision. 127.12    Sec. 140. Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read: 127.13    Subdivision 1. Assessment. The board shall new text begin must new text end by rule adopt procedures to new text begin : new text end 127.14 new text begin (1) new text end assess the proposer of a specific action for new text begin the responsible governmental unit's new text end 127.15reasonable costs of preparing, reviewing, and distributing the environmental impact statement. 127.16The costs shall new text begin must new text end be determined by the responsible governmental unit pursuant new text begin according new text end 127.17to the rules promulgated new text begin adopted new text end by the board new text begin ; and new text end 127.18 new text begin (2) authorize a responsible governmental unit to allow a proposer of a specific action to new text end 127.19 new text begin prepare a draft environmental impact statement according to section 116D.04, subdivision new text end 127.20 new text begin 2a, paragraph (i) new text end . 127.21    Sec. 141. Minnesota Statutes 2016, section 160.06, is amended to read: 127.22160.06 TRAIL OR PORTAGE DEDICATION. 127.23Any trail or portage between public or navigable bodies of water or from public or 127.24navigable water to a public highway in this state which new text begin that new text end has been in continued and 127.25uninterrupted use by the general public for 15 years or more as a trail or portage for the 127.26purposes of travel, shall be new text begin is new text end deemed to have been dedicated to the public as a trail or 127.27portage. This section shall apply new text begin applies new text end only to forest trails on established state water trails new text begin new text end 127.28 new text begin canoe routes new text end and the public shall have new text begin has new text end the right to use the same for the purposes of travel 127.29to the same extent as public highways. The width of all trails and portages dedicated by 127.30user shall be new text begin is new text end eight feet on each side of the centerline of the trail or portage. 128.1    Sec. 142. Minnesota Statutes 2016, section 168.1295, subdivision 1, is amended to read: 128.2    Subdivision 1. General requirements and procedures. (a) The commissioner shall 128.3issue state parks and trails plates to an applicant who: 128.4(1) is a registered owner of a passenger automobile, recreational vehicle, one ton pickup 128.5truck, or motorcycle; 128.6(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates; 128.7(3) pays the registration tax required under section 168.013; 128.8(4) pays the fees required under this chapter; 128.9(5) contributes a minimum of $50 new text begin $60 new text end annually to the state parks and trails donation 128.10account established in section 85.056; and 128.11(6) complies with this chapter and rules governing registration of motor vehicles and 128.12licensing of drivers. 128.13(b) The state parks and trails plate application must indicate that the contribution specified 128.14under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the 128.15applicant may make an additional contribution to the account. 128.16(c) State parks and trails plates may be personalized according to section 168.12, 128.17subdivision 2a. 128.18    Sec. 143. Minnesota Statutes 2016, section 282.018, subdivision 1, is amended to read: 128.19    Subdivision 1. Land on or adjacent to public waters. (a) All land which is the property 128.20of the state as a result of forfeiture to the state for nonpayment of taxes, regardless of whether 128.21the land is held in trust for taxing districts, and which borders on or is adjacent to meandered 128.22lakes and other public waters and watercourses, and the live timber growing or being thereon, 128.23is hereby withdrawn from sale except as hereinafter provided. The authority having 128.24jurisdiction over the timber on any such new text begin of these new text end lands may sell the timber as otherwise 128.25provided by law for cutting and removal under such new text begin the new text end conditions as the authority may 128.26prescribe in accordance with approved, sustained yield forestry practices. The authority 128.27having jurisdiction over the timber shall reserve such new text begin the new text end timber and impose such new text begin the new text end 128.28conditions as the authority deems necessary for the protection of watersheds, wildlife habitat, 128.29shorelines, and scenic features. Within the area in Cook, Lake, and St. Louis counties 128.30described in the Act of Congress approved July 10, 1930 (46 Stat. 1020), the timber on 128.31tax-forfeited lands shall be subject to like restrictions as are now imposed by that act on 128.32federal lands. 129.1(b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other public 129.2waters and watercourses and so withdrawn from sale, a strip two rods in width, the ordinary 129.3high-water mark being the waterside boundary thereof, and the land side boundary thereof 129.4being a line drawn parallel to the ordinary high-water mark and two rods distant landward 129.5therefrom, hereby is reserved for public travel thereon, and whatever the conformation of 129.6the shore line or conditions require, the authority having jurisdiction over such new text begin these new text end lands 129.7shall reserve a wider strip for such new text begin these new text end purposes. 129.8(c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold by 129.9the authority having jurisdiction over the land, in the manner otherwise provided by law 129.10for the sale of such new text begin the new text end lands, if the authority determines that it is in the public interest to 129.11do so. new text begin Any tract or parcel of land within a plat of record bordering on or adjacent to new text end 129.12 new text begin meandered lakes and other public waters and watercourses may be sold by the authority new text end 129.13 new text begin having jurisdiction over the land, in the manner otherwise provided by law for the sale of new text end 129.14 new text begin the lands, if the authority determines that it is in the public interest to do so. new text end If the authority 129.15having jurisdiction over the land is not the commissioner of natural resources, the land may 129.16not be offered for sale without the prior approval of the commissioner of natural resources. 129.17(d) Where the authority having jurisdiction over lands withdrawn from sale under this 129.18section is not the commissioner of natural resources, the authority may submit proposals 129.19for disposition of the lands to the commissioner. The commissioner of natural resources 129.20shall evaluate the lands and their public benefits and make recommendations on the proposed 129.21dispositions to the committees of the legislature with jurisdiction over natural resources. 129.22The commissioner shall include any recommendations of the commissioner for disposition 129.23of lands withdrawn from sale under this section over which the commissioner has jurisdiction. 129.24The commissioner's recommendations may include a public sale, sale to a private party, 129.25acquisition by the Department of Natural Resources for public purposes, or a cooperative 129.26management agreement with, or transfer to, another unit of government. 129.27    Sec. 144. Minnesota Statutes 2016, section 282.04, subdivision 1, is amended to read: 129.28    Subdivision 1. Timber sales; land leases and uses. (a) The county auditor, with terms 129.29and conditions set by the county board, may sell timber upon any tract that may be approved 129.30by the natural resources commissioner. The sale of timber shall be made for cash at not less 129.31than the appraised value determined by the county board to the highest bidder after not less 129.32than one week's published notice in an official paper within the county. Any timber offered 129.33at the public sale and not sold may thereafter be sold at private sale by the county auditor 129.34at not less than the appraised value thereof, until the time as the county board may withdraw 130.1the timber from sale. The appraised value of the timber and the forestry practices to be 130.2followed in the cutting of said timber shall be approved by the commissioner of natural 130.3resources. 130.4    (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be made 130.5in cash at the time of the timber sale, except in the case of oral or sealed bid auction sales, 130.6the down payment shall be no less than 15 percent of the appraised value, and the balance 130.7shall be paid prior to entry. In the case of auction sales that are partitioned and sold as a 130.8single sale with predetermined cutting blocks, the down payment shall be no less than 15 130.9percent of the appraised price of the entire timber sale which may be held until the satisfactory 130.10completion of the sale or applied in whole or in part to the final cutting block. The value of 130.11each separate block must be paid in full before any cutting may begin in that block. With 130.12the permission of the county contract administrator the purchaser may enter unpaid blocks 130.13and cut necessary timber incidental to developing logging roads as may be needed to log 130.14other blocks provided that no timber may be removed from an unpaid block until separately 130.15scaled and paid for. If payment is provided as specified in this paragraph as security under 130.16paragraph (a) and no cutting has taken place on the contract, the county auditor may credit 130.17the security provided, less any down payment required for an auction sale under this 130.18paragraph, to any other contract issued to the contract holder by the county under this chapter 130.19to which the contract holder requests in writing that it be credited, provided the request and 130.20transfer is made within the same calendar year as the security was received. 130.21    (c) The county board may sell any timber, including biomass, as appraised or scaled. 130.22Any parcels of land from which timber is to be sold by scale of cut products shall be so 130.23designated in the published notice of sale under paragraph (a), in which case the notice shall 130.24contain a description of the parcels, a statement of the estimated quantity of each species 130.25of timber, and the appraised price of each species of timber for 1,000 feet, per cord or per 130.26piece, as the case may be. In those cases any bids offered over and above the appraised 130.27prices shall be by percentage, the percent bid to be added to the appraised price of each of 130.28the different species of timber advertised on the land. The purchaser of timber from the 130.29parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown in the 130.30notice of sale as estimated to be standing on the land, and in addition shall pay at the same 130.31rate for any additional amounts which the final scale shows to have been cut or was available 130.32for cutting on the land at the time of sale under the terms of the sale. Where the final scale 130.33of cut products shows that less timber was cut or was available for cutting under terms of 130.34the sale than was originally paid for, the excess payment shall be refunded from the forfeited 130.35tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board 131.1as in case of other claims against the county. No timber, except hardwood pulpwood, may 131.2be removed from the parcels of land or other designated landings until scaled by a person 131.3or persons designated by the county board and approved by the commissioner of natural 131.4resources. Landings other than the parcel of land from which timber is cut may be designated 131.5for scaling by the county board by written agreement with the purchaser of the timber. The 131.6county board may, by written agreement with the purchaser and with a consumer designated 131.7by the purchaser when the timber is sold by the county auditor, and with the approval of 131.8the commissioner of natural resources, accept the consumer's scale of cut products delivered 131.9at the consumer's landing. No timber shall be removed until fully paid for in cash. Small 131.10amounts of timber not exceeding $3,000 new text begin 500 cords new text end in appraised valuation new text begin volume new text end may be 131.11sold for not less than the full appraised value at private sale to individual persons without 131.12first publishing notice of sale or calling for bids, provided that in case of a sale involving a 131.13total appraised value of more than $200 the sale shall be made subject to final settlement 131.14on the basis of a scale of cut products in the manner above provided and not more than two 131.15of the sales, directly or indirectly to any individual shall be in effect at one time. 131.16    (d) As directed by the county board, the county auditor may lease tax-forfeited land to 131.17individuals, corporations or organized subdivisions of the state at public or private sale, and 131.18at the prices and under the terms as the county board may prescribe, for use as cottage and 131.19camp sites and for agricultural purposes and for the purpose of taking and removing of hay, 131.20stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden sites 131.21and other temporary uses provided that no leases shall be for a period to exceed ten years; 131.22provided, further that any leases involving a consideration of more than $12,000 per year, 131.23except to an organized subdivision of the state shall first be offered at public sale in the 131.24manner provided herein for sale of timber. Upon the sale of any leased land, it shall remain 131.25subject to the lease for not to exceed one year from the beginning of the term of the lease. 131.26Any rent paid by the lessee for the portion of the term cut off by the cancellation shall be 131.27refunded from the forfeited tax sale fund upon the claim of the lessee, to be audited and 131.28allowed by the county board as in case of other claims against the county. 131.29    (e) As directed by the county board, the county auditor may lease tax-forfeited land to 131.30individuals, corporations, or organized subdivisions of the state at public or private sale, at 131.31the prices and under the terms as the county board may prescribe, for the purpose of taking 131.32and removing for use for road construction and other purposes tax-forfeited stockpiled 131.33iron-bearing material. The county auditor must determine that the material is needed and 131.34suitable for use in the construction or maintenance of a road, tailings basin, settling basin, 131.35dike, dam, bank fill, or other works on public or private property, and that the use would 132.1be in the best interests of the public. No lease shall exceed ten years. The use of a stockpile 132.2for these purposes must first be approved by the commissioner of natural resources. The 132.3request shall be deemed approved unless the requesting county is notified to the contrary 132.4by the commissioner of natural resources within six months after receipt of a request for 132.5approval for use of a stockpile. Once use of a stockpile has been approved, the county may 132.6continue to lease it for these purposes until approval is withdrawn by the commissioner of 132.7natural resources. 132.8    (f) The county auditor, with the approval of the county board is authorized to grant 132.9permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores, 132.10tailings, or waste products from mines or ore milling plants, or to use for facilities needed 132.11to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed 132.12for a mining operation, upon the conditions and for the consideration and for the period of 132.13time, not exceeding 25 years, as the county board may determine. The permits, licenses, or 132.14leases are subject to approval by the commissioner of natural resources. 132.15    (g) Any person who removes any timber from tax-forfeited land before said timber has 132.16been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor. 132.17    (h) The county auditor may, with the approval of the county board, and without first 132.18offering at public sale, grant leases, for a term not exceeding 25 years, for the removal of 132.19peat and for the production or removal of farm-grown closed-loop biomass as defined in 132.20section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited lands 132.21upon the terms and conditions as the county board may prescribe. Any lease for the removal 132.22of peat, farm-grown closed-loop biomass, or short-rotation woody crops from tax-forfeited 132.23lands must first be reviewed and approved by the commissioner of natural resources if the 132.24lease covers 320 or more acres. No lease for the removal of peat, farm-grown closed-loop 132.25biomass, or short-rotation woody crops shall be made by the county auditor pursuant to this 132.26section without first holding a public hearing on the auditor's intention to lease. One printed 132.27notice in a legal newspaper in the county at least ten days before the hearing, and posted 132.28notice in the courthouse at least 20 days before the hearing shall be given of the hearing. 132.29    (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis County 132.30auditor may, at the discretion of the county board, sell timber to the party who bids the 132.31highest price for all the several kinds of timber, as provided for sales by the commissioner 132.32of natural resources under section 90.14. Bids offered over and above the appraised price 132.33need not be applied proportionately to the appraised price of each of the different species 132.34of timber. 133.1    (j) In lieu of any payment or deposit required in paragraph (b), as directed by the county 133.2board and under terms set by the county board, the county auditor may accept an irrevocable 133.3bank letter of credit in the amount equal to the amount otherwise determined in paragraph 133.4(b). If an irrevocable bank letter of credit is provided under this paragraph, at the written 133.5request of the purchaser, the county may periodically allow the bank letter of credit to be 133.6reduced by an amount proportionate to the value of timber that has been harvested and for 133.7which the county has received payment. The remaining amount of the bank letter of credit 133.8after a reduction under this paragraph must not be less than 20 percent of the value of the 133.9timber purchased. If an irrevocable bank letter of credit or cash deposit is provided for the 133.10down payment required in paragraph (b), and no cutting of timber has taken place on the 133.11contract for which a letter of credit has been provided, the county may allow the transfer 133.12of the letter of credit to any other contract issued to the contract holder by the county under 133.13this chapter to which the contract holder requests in writing that it be credited. 133.14    Sec. 145. Minnesota Statutes 2016, section 296A.18, subdivision 6a, is amended to read: 133.15    Subd. 6a. Computation of nonhighway use amounts. The nonhighway use amounts 133.16determined in subdivisions 2 to 6 must be transferred from the highway user tax distribution 133.17fund to the accounts as provided for in sections 84.794, 84.803, 84.83, 84.927, and 86B.706. 133.18These amounts, together with interest and penalties for delinquency in payment, paid or 133.19collected pursuant to the provisions of this chapter, must be computed for each six-month 133.20period ending June 30 and December 31 and must be transferred on November 1 and June new text begin new text end 133.21 new text begin April new text end 1 following each six-month period. 133.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 133.23    Sec. 146. new text begin [477A.21] RIPARIAN PROTECTION AID. new text end 133.24     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this section, the following terms have the new text end 133.25 new text begin meanings given: new text end 133.26 new text begin (1) "buffer protection map" has the meaning given under section 103F.48, subdivision new text end 133.27 new text begin 1; and new text end 133.28 new text begin (2) "public watercourses" means public waters and public drainage systems subject to new text end 133.29 new text begin riparian protection requirements under section 103F.48. new text end 133.30     new text begin Subd. 2. new text end new text begin Certifications to commissioner. new text end new text begin (a) The Board of Water and Soil Resources new text end 133.31 new text begin must certify to the commissioner of revenue, on or before July 1 each year, which counties new text end 133.32 new text begin and watershed districts have affirmed their jurisdiction under section 103F.48 and the new text end 134.1 new text begin proportion of centerline miles of public watercourses, and miles of public drainage system new text end 134.2 new text begin ditches on the buffer protection map, within each county and each watershed district within new text end 134.3 new text begin the county with affirmed jurisdiction. new text end 134.4 new text begin (b) On or before July 1 each year, the commissioner of natural resources shall certify to new text end 134.5 new text begin the commissioner of revenue the statewide and countywide number of centerline miles of new text end 134.6 new text begin public watercourses and miles of public drainage system ditches on the buffer protection new text end 134.7 new text begin map. new text end 134.8     new text begin Subd. 3. new text end new text begin Distribution. new text end new text begin (a) A county that is certified under subdivision 2, or that portion new text end 134.9 new text begin of a county containing a watershed district certified under subdivision 2, is eligible to receive new text end 134.10 new text begin aid under this section to enforce and implement the riparian protection and water quality new text end 134.11 new text begin practices under section 103F.48. Each county's preliminary aid amount is equal to the new text end 134.12 new text begin proportion calculated under paragraph (b) multiplied by the appropriation received each new text end 134.13 new text begin year by the commissioner for purposes of payments under this section. new text end 134.14 new text begin (b) The commissioner must compute each county's proportion. A county's proportion is new text end 134.15 new text begin equal to the ratio of the sum in clause (1) to the sum in clause (2): new text end 134.16 new text begin (1) the sum of the total number of acres in the county classified as class 2a under section new text end 134.17 new text begin 273.13, subdivision 23, the countywide number of centerline miles of public watercourses new text end 134.18 new text begin on the buffer protection map, and the countywide number of miles of public drainage system new text end 134.19 new text begin ditches on the buffer protection map; and new text end 134.20 new text begin (2) the sum of the statewide total number of acres classified as class 2a under section new text end 134.21 new text begin 273.13, subdivision 23, the statewide total number of centerline miles of public watercourses new text end 134.22 new text begin on the buffer protection map, and the statewide total number of public drainage system new text end 134.23 new text begin miles on the buffer protection map. new text end 134.24 new text begin (c) Aid to a county must not be greater than $200,000 or less than $50,000. If the sum new text end 134.25 new text begin of the preliminary aids payable to counties under paragraph (a) is greater or less than the new text end 134.26 new text begin appropriation received by the commissioner, the commissioner of revenue must calculate new text end 134.27 new text begin the percentage of adjustment necessary so that the total of the aid under paragraph (a) equals new text end 134.28 new text begin the total amount received by the commissioner, subject to the minimum and maximum new text end 134.29 new text begin amounts specified in this paragraph. The minimum and maximum amounts under this new text end 134.30 new text begin paragraph must be adjusted by the ratio of the actual amount appropriated to $10,000,000. new text end 134.31 new text begin (d) If only a portion of a county is certified as eligible to receive aid under subdivision new text end 134.32 new text begin 2, the aid otherwise payable to that county under this section must be multiplied by a fraction, new text end 134.33 new text begin the numerator of which is the buffer protection map miles of the certified watershed districts new text end 135.1 new text begin contained within the county and the denominator of which is the total buffer protection map new text end 135.2 new text begin miles of the county. new text end 135.3 new text begin (e) Any aid that would otherwise be paid to a county or portion of a county that is not new text end 135.4 new text begin certified under subdivision 2 shall be paid to the Board of Water and Soil Resources for new text end 135.5 new text begin enforcing and implementing the riparian protection and water quality practices under section new text end 135.6 new text begin 103F.48. new text end 135.7     new text begin Subd. 4. new text end new text begin Payments. new text end new text begin The commissioner of revenue must compute the amount of riparian new text end 135.8 new text begin protection aid payable to each eligible county and to the Board of Water and Soil Resources new text end 135.9 new text begin under this section. On or before August 1 each year, the commissioner must certify the new text end 135.10 new text begin amount to be paid to each county and the Board of Water and Soil Resources in the following new text end 135.11 new text begin year, except that the payments for 2017 must be certified by July 15, 2017. The commissioner new text end 135.12 new text begin must pay riparian protection aid to counties and to the Board of Water and Soil Resources new text end 135.13 new text begin in the same manner and at the same time as aid payments under section 477A.015. new text end 135.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 135.15 new text begin applies to aids payable in 2017 and thereafter. new text end 135.16    Sec. 147. Laws 2000, chapter 486, section 4, as amended by Laws 2001, chapter 182, 135.17section 2, is amended to read: 135.18    Sec. 4. [BOATHOUSE LEASES; SOUDAN UNDERGROUND MINE STATE 135.19PARK.] 135.20    (a) In 1965, United States Steel Corporation conveyed land to the state of Minnesota 135.21that was included in the Soudan underground mine state park, with certain lands at Stuntz 135.22Bay subject to leases outstanding for employee boathouse sites. 135.23    (b) Notwithstanding Minnesota Statutes, sections 85.011, 85.012, subdivision 1, and 135.2486A.05, subdivision 2 , upon the expiration of a boathouse lease described under paragraph 135.25(a), the commissioner of natural resources shall offer a new lease to the party in possession 135.26at the time of lease expiration, or, if there has been a miscellaneous lease issued by the 135.27Department of Natural Resources due to expiration of a lease described under paragraph 135.28(a), upon its expiration to the lessee. The new lease shall be issued under the terms and 135.29conditions of Minnesota Statutes, section 92.50, with the following limitations new text begin except as new text end 135.30 new text begin follows new text end : 135.31    (1) the term of the lease shall be for the lifetime of the party being issued a renewed 135.32lease and, if transferred, for the lifetime of the party to whom the lease is transferred; 136.1    (2) the new lease shall provide that the lease may be transferred only once and the transfer 136.2must be to a person within the third degree of kindred or first cousin according to civil law; 136.3and 136.4    (3) the commissioner shall limit the number of lessees per lease to no more than two 136.5persons who have attained legal age. new text begin ; and new text end 136.6     new text begin (4) the lease amount must not exceed 50 percent of the average market rate, based on new text end 136.7 new text begin comparable private lease rates, as determined once every five years per lease. new text end 136.8At the time of the new lease, the commissioner may offer, and after agreement with the 136.9leaseholder, lease equivalent alternative sites to the leaseholder. 136.10    (c) The commissioner shall not cancel a boathouse lease described under paragraphs (a) 136.11and (b) except for noncompliance with the lease agreement. 136.12    (d) By January 15, 2001, the commissioner of natural resources shall report to the senate 136.13and house environment and natural resources policy and finance committees on boathouse 136.14leases in state parks. The report shall include information on: 136.15    (1) the number of boathouse leases; 136.16    (2) the number of leases that have forfeited; 136.17    (3) the expiration dates of the leases; 136.18    (4) the historical significance of the boathouses; 136.19    (5) recommendations on the inclusion of the land described in paragraph (d) within the 136.20park boundary; and 136.21    (6) any other relevant information on the leases. 136.22 new text begin (d) The commissioner must issue a written receipt to the lessee for each lease payment. new text end 136.23    (e) The commissioner of natural resources shall contact U.S.X. Corporation and local 136.24units of government regarding the inclusion of the following lands within Soudan 136.25underground mine state park: 136.26    (1) all lands located South of Vermillion Lake shoreline in Section 13, Township 62 136.27North, Range 15 West; 136.28    (2) all lands located South of Vermillion Lake shoreline in the S1/2-SE1/4 of Section 136.2914, Township 62 North, Range 15 West; 136.30    (3) NE1/4-SE1/4 and E1/2-NE1/4 of Section 22, Township 62 North, Range 15 West; 137.1    (4) all lands located South of Vermillion Lake shoreline in Section 23, Township 62 137.2North, Range 15 West; 137.3    (5) all of Section 24, Township 62 North, Range 15 West; 137.4    (6) all lands North of trunk highway No. 169 located in Section 25, Township 62 North, 137.5Range 15 West; 137.6    (7) all lands North of trunk highway No. 169 located in Section 26, Township 62 North, 137.7Range 15 West; 137.8    (8) NE1/4-SE1/4 and SE1/4-NE1/4 of Section 27, Township 62 North, Range 15 West; 137.9and 137.10    (9) NW1/4 of Section 19, Township 62 North, Range 14 West. 137.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 137.12 new text begin applies to monthly lease payments made on or after that date. new text end 137.13    Sec. 148. Laws 2013, chapter 114, article 4, section 105, is amended to read: 137.14    Sec. 105. RULES; SILICA SAND. 137.15(a) The commissioner of the Pollution Control Agency shall new text begin may new text end adopt rules pertaining 137.16to the control of particulate emissions from silica sand projects. The rulemaking is exempt 137.17from Minnesota Statutes, section 14.125. 137.18(b) The commissioner of natural resources shall adopt rules pertaining to the reclamation 137.19of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section 14.125. 137.20(c) By January 1, 2014, the Department of Health shall adopt an air quality health-based 137.21value for silica sand. 137.22(d) The Environmental Quality Board shall new text begin may new text end amend its rules for environmental 137.23review, adopted under Minnesota Statutes, chapter 116D, for silica sand mining and 137.24processing to take into account the increased activity in the state and concerns over the size 137.25of specific operations. The Environmental Quality Board shall consider whether the 137.26requirements of Minnesota Statutes, section 116C.991, should remain part of the 137.27environmental review requirements for silica sand and whether the requirements should be 137.28different for different geographic areas of the state. The rulemaking is exempt from Minnesota 137.29Statutes, section 14.125. 138.1    Sec. 149. Laws 2015, First Special Session chapter 4, article 4, section 136, is amended 138.2to read: 138.3    Sec. 136. WILD RICE WATER QUALITY STANDARDS. 138.4(a) Until the commissioner of the Pollution Control Agency amends rules refining the 138.5wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, to consider 138.6all independent research and publicly funded research and to include criteria for identifying 138.7waters and a list of waters subject to the standard, implementation of the wild rice water 138.8quality standard in Minnesota Rules, part 7050.0224, subpart 2, shall be limited to the 138.9following, unless the permittee requests additional conditions: 138.10(1) when issuing, modifying, or renewing national pollutant discharge elimination system 138.11(NPDES) or state disposal system (SDS) permits, the agency shall endeavor to protect wild 138.12rice, and in doing so shall be limited by the following conditions: 138.13(i) the agency shall not require permittees to expend money for design or implementation 138.14of sulfate treatment technologies or other forms of sulfate mitigation; and 138.15(ii) the agency may require sulfate minimization plans in permits; and 138.16(2) the agency shall not list waters containing natural beds of wild rice as impaired for 138.17sulfate under section 303(d) of the federal Clean Water Act, United States Code, title 33, 138.18section 1313, until the rulemaking described in this paragraph takes effect. 138.19(b) Upon the rule described in paragraph (a) taking effect, the agency may reopen permits 138.20issued or reissued after the effective date of this section as needed to include numeric permit 138.21limits based on the wild rice water quality standard. 138.22(c) The commissioner shall complete the rulemaking described in paragraph (a) by 138.23January 15, 2018 new text begin 2019 new text end . 138.24    Sec. 150. Laws 2015, First Special Session chapter 4, article 4, section 146, is amended 138.25to read: 138.26    Sec. 146. INITIAL IMPLEMENTATION; WAIVERS. 138.27A soil and water conservation district must grant a conditional compliance waiver under 138.28Minnesota Statutes, section 103F.48, to landowners new text begin or authorized agents new text end who have applied 138.29for and maintained eligibility for financial new text begin or technical new text end assistance within one year of the 138.30dates listed in Minnesota Statutes, section 103F.48, subdivision 3, paragraph (e), according 138.31to Minnesota Statutes, section 103F.48. A conditional compliance waiver also must be 138.32granted to landowners who are subject to a drainage proceeding commenced under Minnesota 139.1Statutes, sections 103E.011, subdivision 5; 103E.021, subdivision 6; and 103E.715. The 139.2conditional compliance waiver is valid until financial new text begin or technical new text end assistance is available 139.3for buffer new text begin or alternative practices new text end installation, but not later than November 1, 2018. new text begin A new text end 139.4 new text begin landowner or authorized agent that has filed a parcel-specific riparian protection compliance new text end 139.5 new text begin plan with the soil and water conservation district by November 1, 2017, shall be granted a new text end 139.6 new text begin conditional compliance waiver until July 1, 2018. new text end 139.7    Sec. 151. Laws 2016, chapter 189, article 3, section 26, the effective date, is amended to 139.8read: 139.9EFFECTIVE DATE.This section is effective May 1, 2017 new text begin 2018 new text end . 139.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from April 30, 2017. new text end 139.11    Sec. 152. Laws 2016, chapter 189, article 3, section 46, is amended to read: 139.12    Sec. 46. PRESCRIBED BURN REQUIREMENTS; REPORT. 139.13The commissioner of natural resources, in cooperation with prescribed burning 139.14professionals, nongovernmental organizations, and local and federal governments, must 139.15develop criteria for certifying an entity to conduct a prescribed burn under a general new text begin an open new text end 139.16 new text begin burning new text end permit. The certification requirements must include training, equipment, and 139.17experience requirements and include an apprentice program to allow entities without 139.18experience to become certified. The commissioner must establish provisions for decertifying 139.19entities. The commissioner must not require additional certification or requirements for 139.20burns conducted as part of normal agricultural practices not currently subject to prescribed 139.21burn specifications. The commissioner must submit a report with recommendations and 139.22any legislative changes needed to the chairs and ranking minority members of the house of 139.23representatives and senate committees and divisions with jurisdiction over environment and 139.24natural resources by January 15, 2017. 139.25    Sec. 153. new text begin DEMOLITION DEBRIS LANDFILL PERMITTING. new text end 139.26 new text begin A solid waste permit issued by the Pollution Control Agency to an existing class I new text end 139.27 new text begin demolition debris landfill facility that is operating under the Pollution Control Agency new text end 139.28 new text begin Demolition Landfill Guidance, issued August 2005, is extended pursuant to Minnesota new text end 139.29 new text begin Rules, part 7001.0160, for a period of five years, unless a new permit is issued for the facility new text end 139.30 new text begin by the Pollution Control Agency after the effective date of this section. new text end 139.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 140.1    Sec. 154. new text begin ENVIRONMENTAL QUALITY BOARD MEMBERSHIP TRANSITION. new text end 140.2 new text begin (a) Until the governor has appointed members of the Environmental Quality Board from new text end 140.3 new text begin each congressional district as required under this act, this section governs membership of new text end 140.4 new text begin the board. new text end 140.5 new text begin (b) The citizen members of the board as of July 1, 2017, shall continue to serve until the new text end 140.6 new text begin expiration of their terms. new text end 140.7 new text begin (c) No later than October 1, 2017, the governor shall appoint board members from the new text end 140.8 new text begin First, Second, Seventh, and Eighth Congressional Districts for terms to begin January 2, new text end 140.9 new text begin 2018. new text end 140.10 new text begin (d) No later than October 1, 2018, the governor shall appoint a board member from the new text end 140.11 new text begin Third Congressional District for a term to begin January 8, 2019. new text end 140.12 new text begin (e) No later than October 1, 2019, the governor shall appoint a board member from the new text end 140.13 new text begin Fourth Congressional District for a term to begin January 7, 2020. new text end 140.14 new text begin (f) No later than October 1, 2020, the governor shall appoint a board member from the new text end 140.15 new text begin Fifth Congressional District for a term to begin January 5, 2021. new text end 140.16 new text begin (g) No later than October 1, 2021, the governor shall appoint a commissioner from the new text end 140.17 new text begin Sixth Congressional District for a term to begin January 4, 2022. new text end 140.18    Sec. 155. new text begin SAND DUNES STATE FOREST MANAGEMENT. new text end 140.19     new text begin Subdivision 1. new text end new text begin Forest management. new text end new text begin When managing the Sand Dunes State Forest, the new text end 140.20 new text begin commissioner of natural resources must: new text end 140.21 new text begin (1) not convert additional land to oak savanna or convert oak savanna to nonforest land new text end 140.22 new text begin unless it is done as a result of a contract entered into before the effective date of this section; new text end 140.23 new text begin (2) require all prairie seeds planted to be from native species of a local ecotype to new text end 140.24 new text begin Sherburne or Benton County; and new text end 140.25 new text begin (3) comply with the Minnesota Forest Resources Council's guidelines for aesthetics in new text end 140.26 new text begin residential areas. new text end 140.27     new text begin Subd. 2. new text end new text begin Prescribed burns; notification. new text end new text begin At least 40 days before conducting a prescribed new text end 140.28 new text begin burn, the commissioner must: new text end 140.29 new text begin (1) publish a notice in a newspaper of general circulation in the area; new text end 140.30 new text begin (2) notify the county and township in writing; and new text end 141.1 new text begin (3) notify residents within a quarter mile of the prescribed burn in writing. new text end 141.2     new text begin Subd. 3. new text end new text begin School trust lands. new text end new text begin Nothing in this section restricts the ability of the new text end 141.3 new text begin commissioner or the school trust lands director from managing school trust lands within new text end 141.4 new text begin the Sand Dunes State Forest for long-term economic return. new text end 141.5     new text begin Subd. 4. new text end new text begin Township road. new text end new text begin If the commissioner of natural resources finds that any portion new text end 141.6 new text begin of 233rd Avenue within the Sand Dunes State Forest is not owned by the township, the new text end 141.7 new text begin commissioner must convey an easement over and across state-owned lands administered new text end 141.8 new text begin by the commissioner to the township under Minnesota Statutes, section 84.63, for the width new text end 141.9 new text begin of 233rd Avenue. new text end 141.10     new text begin Subd. 5. new text end new text begin Sunset. new text end new text begin This section expires two years from the day following final enactment. new text end 141.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 141.12    Sec. 156. new text begin HILL-ANNEX MINE STATE PARK MANAGEMENT AND OPERATION new text end 141.13 new text begin PLAN. new text end 141.14 new text begin (a) The commissioner of natural resources must work with the commissioner of the Iron new text end 141.15 new text begin Range Resources and Rehabilitation Board and representatives from the city of Calumet, new text end 141.16 new text begin Itasca County, and the Western Mesabi Mine Planning Board to create an alternate operating new text end 141.17 new text begin model for local management and operation of Hill-Annex Mine State Park until mining new text end 141.18 new text begin resumes on the property. The commissioner of natural resources must submit a management new text end 141.19 new text begin and operation plan to the chairs and ranking minority members of the house of representatives new text end 141.20 new text begin and senate committees and divisions with jurisdiction over environment and natural resources new text end 141.21 new text begin by January 15, 2018. new text end 141.22     new text begin (b) In fiscal year 2018 and fiscal year 2019, the level of service and hours of operation new text end 141.23 new text begin at Hill-Annex Mine State Park must be maintained at fiscal year 2016 levels. new text end 141.24    Sec. 157. new text begin BASE BUDGET REPORT. new text end 141.25 new text begin (a) The commissioners of natural resources and the Pollution Control Agency must each new text end 141.26 new text begin submit a report that contains the details of their base budgets, by fiscal year, including: new text end 141.27 new text begin (1) appropriation riders for the previous biennium and the year the rider was first used; new text end 141.28 new text begin (2) anticipated appropriation riders for the fiscal years 2020-2021 biennium; new text end 141.29 new text begin (3) statutory appropriations; and new text end 141.30 new text begin (4) an explanation on the use of funds for each appropriation not covered by a rider. new text end 142.1 new text begin (b) The reports must be submitted to the chairs and ranking minority members of the new text end 142.2 new text begin house of representatives and senate committees and divisions with jurisdiction over new text end 142.3 new text begin environment and natural resources by October 15, 2018. new text end 142.4    Sec. 158. new text begin RULEMAKING; MINNOW LICENSES. new text end 142.5 new text begin The commissioner of natural resources shall amend Minnesota Rules, part 6254.0100, new text end 142.6 new text begin subpart 2, to conform with Minnesota Statutes, section 97C.501, subdivision 1. The new text end 142.7 new text begin commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, new text end 142.8 new text begin subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section new text end 142.9 new text begin 14.386, does not apply, except as provided under Minnesota Statutes, section 14.388. new text end 142.10    Sec. 159. new text begin CANCELLATION OF PERMITS. new text end 142.11 new text begin Water-use permits issued before July 1, 2017, for water use exempted under Minnesota new text end 142.12 new text begin Statutes, section 103G.271, subdivision 1, paragraph (b), clause (3), are canceled effective new text end 142.13 new text begin July 1, 2017. new text end 142.14    Sec. 160. new text begin RULEMAKING; EFFLUENT LIMITATION COMPLIANCE. new text end 142.15 new text begin (a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules, new text end 142.16 new text begin part 7001.0150, subpart 2, item A, by inserting the following: new text end 142.17 new text begin "For a municipality that constructs a publicly owned treatment works facility to comply new text end 142.18 new text begin with a new or modified effluent limitation, compliance with any new or modified effluent new text end 142.19 new text begin limitation adopted after construction begins that would require additional capital investment new text end 142.20 new text begin is required no sooner than 16 years after the date of initiation of operation of the facility." new text end 142.21 new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, new text end 142.22 new text begin section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota new text end 142.23 new text begin Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, new text end 142.24 new text begin section 14.388. new text end 142.25    Sec. 161. new text begin DISPOSITION OF PROCEEDS; ST. LOUIS COUNTY new text end 142.26 new text begin ENVIRONMENTAL TRUST FUND. new text end 142.27 new text begin Notwithstanding Minnesota Statutes, chapter 282, and any other law relating to the new text end 142.28 new text begin disposition of proceeds from the sale of tax-forfeited land, the St. Louis County Board must new text end 142.29 new text begin deposit any money received from the sale of tax-forfeited land purchased by the Fond du new text end 142.30 new text begin Lac Band of Lake Superior Chippewa with money appropriated under Laws 2014, chapter new text end 142.31 new text begin 256, article 1, section 2, subdivision 3, paragraph (a), into an environmental trust fund new text end 143.1 new text begin established by the county. The principal from the sale of the land may not be expended. new text end 143.2 new text begin The county may spend interest earned on the principal only for purposes related to improving new text end 143.3 new text begin natural resources. new text end 143.4 new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end new text begin This section is effective the day after new text end 143.5 new text begin the St. Louis County Board and its chief clerical officer timely complete their compliance new text end 143.6 new text begin with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end 143.7    Sec. 162. new text begin MINNOW IMPORTATION RISK REPORT. new text end 143.8 new text begin By January 15, 2018, the commissioner of natural resources must report to the chairs of new text end 143.9 new text begin the legislative committees with jurisdiction over natural resources regarding potential risks new text end 143.10 new text begin of importing golden shiner minnows into Minnesota. The commissioner of natural resources new text end 143.11 new text begin must coordinate with the University of Minnesota and may use a third party to produce the new text end 143.12 new text begin report. The report must: new text end 143.13 new text begin (1) review the Arkansas bait certification program to determine specific risks and potential new text end 143.14 new text begin mitigation measures of allowing the importation of golden shiner minnows by a person that new text end 143.15 new text begin holds a Minnesota wholesale minnow dealers license issued under Minnesota Statutes, new text end 143.16 new text begin section 97C.501, subdivision 2; and new text end 143.17 new text begin (2) include recommendations on testing protocols or procedures needed to protect new text end 143.18 new text begin Minnesota's waters from invasive species and fish disease introduction. new text end 143.19    Sec. 163. new text begin ACTION TO OBTAIN ACCESS PROHIBITED; CLEARWATER new text end 143.20 new text begin COUNTY. new text end 143.21 new text begin Before July 1, 2018, the commissioner of natural resources must not initiate a civil action new text end 143.22 new text begin to obtain access to Island Lake FMHA Wildlife Management Area in Clearwater County. new text end 143.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 143.24    Sec. 164. new text begin RULES LIMITING USE OF LEAD SHOT PROHIBITED. new text end 143.25 new text begin Until July 1, 2019, the commissioner of natural resources shall not adopt rules further new text end 143.26 new text begin restricting the use of lead shot. new text end 143.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 143.28 new text begin applies to rules adopted on or after that date. new text end 144.1    Sec. 165. new text begin REVISOR'S INSTRUCTION. new text end 144.2 new text begin In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall replace all new text end 144.3 new text begin references to Minnesota Statutes, section 115B.39, subdivision 2, paragraph (l), with new text end 144.4 new text begin Minnesota Statutes, section 115B.39, subdivision 2, paragraph (o), and shall make all other new text end 144.5 new text begin necessary changes to preserve the meaning of the text and to conform with the paragraph new text end 144.6 new text begin relettering in this act. new text end 144.7    Sec. 166. new text begin REPEALER. new text end 144.8 new text begin (a) new text end new text begin Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5; new text end 144.9 new text begin 97C.701, subdivisions 1a and 6; 97C.705; 97C.711; 116C.03, subdivision 3a; and 116C.04, new text end 144.10 new text begin subdivision 3, new text end new text begin are repealed. new text end 144.11 new text begin (b) new text end new text begin Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; new text end 144.12 new text begin 6258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900, new text end new text begin are repealed. new text end " 144.13Delete the title and insert: 144.14"A bill for an act 144.15relating to state government; appropriating money for environment, natural 144.16resources, and tourism purposes; modifying fees; providing for disposition of 144.17certain receipts; modifying grant, contract, and lease provisions; modifying state 144.18park permit requirements; modifying water safety provisions; modifying provisions 144.19to take, possess, and transport wildlife; modifying duties and authority; modifying 144.20Minnesota Naturalist Corps provisions; modifying prescribed burn provisions; 144.21modifying timber sales provisions; providing for certain hearings, appeals, and 144.22reviews; modifying buffer requirements; modifying landfill cleanup program; 144.23modifying tax-forfeited land provisions; providing for riparian protection aid; 144.24modifying the Water Law; modifying invasive species provisions; modifying 144.25off-highway vehicle provisions; modifying permit and license requirements; 144.26modifying Petroleum Tank Release Cleanup Act; extending ban on open air swine 144.27basins; modifying environmental review; modifying Environmental Quality Board; 144.28requiring reports; requiring rulemaking;amending Minnesota Statutes 2016, 144.29sections 84.01, by adding a subdivision; 84.027, subdivisions 14a, 14b; 84.788, 144.30subdivision 2; 84.793, subdivision 1; 84.8031; 84.82, subdivisions 2, 3; 84.8205, 144.31subdivision 1; 84.922, subdivision 5; 84.925, subdivision 1; 84.9256, subdivisions 144.321, 2; 84.9275, subdivision 1; 84.946, subdivision 2, by adding a subdivision; 84.992, 144.33subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 84D.04, subdivision 1; 84D.05, 144.34subdivision 1; 84D.108, subdivision 2a, by adding subdivisions; 84D.11, by adding 144.35a subdivision; 85.052, subdivision 1; 85.053, subdivisions 8, 10; 85.054, by adding 144.36a subdivision; 85.055, subdivision 1; 85.22, subdivision 2a; 85.32, subdivision 1; 144.3786B.301, subdivision 2; 86B.313, subdivision 1; 86B.701, subdivision 3; 88.01, 144.38subdivision 28; 88.523; 89.39; 90.01, subdivisions 8, 12, by adding a subdivision; 144.3990.041, subdivision 2; 90.051; 90.101, subdivision 2; 90.14; 90.145, subdivision 144.402; 90.151, subdivision 1; 90.162; 90.252; 93.25, subdivision 2; 93.47, subdivision 144.414; 93.481, subdivision 2; 93.50; 94.343, subdivision 9; 94.344, subdivision 9; 144.4297A.015, subdivisions 39, 43, 45, 52, 53, by adding a subdivision; 97A.045, 144.43subdivision 10; 97A.055, subdivision 2; 97A.075, subdivision 1; 97A.137, 144.44subdivision 5; 97A.201, subdivision 2, by adding a subdivision; 97A.225, 144.45subdivision 8; 97A.301, subdivision 1; 97A.338; 97A.420, subdivision 1; 97A.421, 144.46subdivision 2a; 97A.441, subdivision 1; 97A.473, subdivisions 2, 2a, 2b, 4, 5, 5a; 145.197A.474, subdivision 2; 97A.475, subdivisions 2, 3, 6, 7, 8, 45; 97B.031, 145.2subdivision 6; 97B.071; 97B.405; 97B.431; 97B.516; 97B.655, subdivision 1; 145.397C.081, subdivision 3; 97C.355, subdivisions 2, 2a; 97C.401, subdivision 2; 145.497C.501, subdivision 1; 97C.701, by adding a subdivision; 103F.48, subdivisions 145.51, 3; 103G.005, subdivisions 10b, 10h, by adding a subdivision; 103G.222, 145.6subdivisions 1, 3; 103G.223; 103G.2242, subdivisions 1, 2; 103G.2372, subdivision 145.71; 103G.271, subdivisions 1, 6, 6a, 7; 103G.287, subdivision 1; 103G.411; 114D.25, 145.8by adding a subdivision; 115B.39, subdivision 2; 115B.40, subdivision 4; 115C.021, 145.9subdivision 1, by adding a subdivision; 116.03, subdivision 2b, by adding a 145.10subdivision; 116.07, subdivision 4d; 116.0714; 116C.03, subdivision 2; 116C.04, 145.11subdivision 2; 116D.04, subdivisions 2a, 5b, 10; 116D.045, subdivision 1; 160.06; 145.12168.1295, subdivision 1; 282.018, subdivision 1; 282.04, subdivision 1; 296A.18, 145.13subdivision 6a; Laws 2000, chapter 486, section 4, as amended; Laws 2013, chapter 145.14114, article 4, section 105; Laws 2015, First Special Session chapter 4, article 4, 145.15sections 136; 146; Laws 2016, chapter 189, article 3, sections 6; 26; 46; proposing 145.16coding for new law in Minnesota Statutes, chapters 85; 93; 115; 115B; 477A; 145.17repealing Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, 145.18subdivision 5; 97C.701, subdivisions 1a, 6; 97C.705; 97C.711; 116C.03, subdivision 145.193a; 116C.04, subdivision 3; Minnesota Rules, parts 6258.0100; 6258.0200; 145.206258.0300; 6258.0400; 6258.0500; 6258.0600; 6258.0700, subparts 1, 4, 5; 145.216258.0800; 6258.0900." We request the adoption of this report and repassage of the bill. Senate Conferees: ..... ..... Bill Ingebrigtsen Carrie Ruud ..... ..... Torrey N. Westrom Andrew Mathews ..... David J. Tomassoni House Conferees: ..... ..... Dan Fabian Mark Uglem ..... ..... Josh Heintzeman Chris Swedzinski ..... Rob Ecklund