1.1 	A bill for an act
1.2 	relating to environment; modifying environment and natural resources provisions; 
1.3 	adding to and deleting from state parks, recreation areas, and forests; modifying 
1.4 	drainage law; requiring rulemaking;amending Minnesota Statutes 2016, sections 
1.5 	17.117, subdivisions 1, 4, 11; 17.494; 17.4982, by adding subdivisions; 84.0895, 
1.6 	subdivision 2; 84.86, subdivision 1; 86B.005, subdivision 8a; 86B.532, subdivision 
1.7 	1; 88.10, by adding a subdivision; 88.75, subdivision 1; 89.551; 92.50, by adding 
1.8 	a subdivision; 94.10, subdivision 2; 97A.051, subdivision 2; 97A.433, subdivisions 
1.9 	4, 5; 97B.015, subdivision 6; 97B.1055; 97C.345, subdivision 3a; 103E.005, by 
1.10 	adding subdivisions; 103E.021, subdivision 6; 103E.071; 103E.095; 103E.215, 
1.11 	subdivision 5; 103E.351, subdivision 1; 103E.401, subdivision 4; 103E.411, 
1.12 	subdivision 5; 103E.615, subdivisions 1, 2, 3, 5, 7; 103E.711, subdivision 1; 
1.13 	103E.715, subdivisions 4, 5; 103E.725; 103E.728, subdivisions 1, 2, by adding a 
1.14 	subdivision; 103E.731, subdivisions 1, 2, 6; 103E.735, subdivision 1; 103F.361, 
1.15 	subdivision 2; 103F.363, subdivision 1; 103F.365, by adding a subdivision; 
1.16 	103F.371; 103F.373, subdivisions 1, 3, 4; 115A.94, subdivisions 2, 4a, 4b, 4c, 4d, 
1.17 	5, by adding subdivisions; 116.07, by adding a subdivision; 116.993, subdivisions 
1.18 	2, 6; 473.8441, subdivision 4; Minnesota Statutes 2017 Supplement, sections 84.01, 
1.19 	subdivision 6; 84.925, subdivision 1; 84.9256, subdivision 1; 84D.03, subdivisions 
1.20 	3, 4; 84D.108, subdivisions 2b, 2c; 85.0146, subdivision 1; 89.17; 97A.075, 
1.21 	subdivision 1; 116.0714; proposing coding for new law in Minnesota Statutes, 
1.22 	chapters 17; 115; 383A; repealing Laws 2008, chapter 368, article 1, section 21, 
1.23 	subdivision 2.
1.24 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.25 	ARTICLE 1
1.26 	ENVIRONMENT AND NATURAL RESOURCES POLICY

1.27 	Section 1. Minnesota Statutes 2016, section 17.494, is amended to read:
1.28 	17.494 AQUACULTURE PERMITS; RULES.
1.29 	(a) The commissioner shall act as permit or license coordinator for aquatic farmers and 
1.30 	shall assist aquatic farmers to obtain licenses or permits.
2.1 	By July 1, 1992,(b) A state agency issuing multiple permits or licenses for aquaculture 
2.2 	shall consolidate the permits or licenses required for every aquatic farm location. The 
2.3 	Department of Natural Resources transportation permits are exempt from this requirement. 
2.4 	State agencies shall adopt rules or issue commissioner's orders that establish permit and 
2.5 	license requirements, approval timelines, and compliance standards. Saltwater aquatic farms, 
2.6 	as defined in section 17.4982, and processing facilities for saltwater aquatic life, as defined 
2.7 	in section 17.4982, must be classified as agricultural operations for purposes of any 
2.8 	construction, discharge, or other permit issued by the Pollution Control Agency.
2.9 	Nothing in this section modifies any state agency's regulatory authority over aquaculture 
2.10 	production.

2.11 	Sec. 2. Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to 
2.12 	read:
2.13 		Subd. 20a.Saltwater aquaculture. "Saltwater aquaculture" means the commercial 
2.14 	propagation and rearing of saltwater aquatic life including, but not limited to, crustaceans, 
2.15 	primarily for consumption as human food.

2.16 	Sec. 3. Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to 
2.17 	read:
2.18 		Subd. 20b.Saltwater aquatic farm. "Saltwater aquatic farm" means a facility used for 
2.19 	saltwater aquaculture including but not limited to artificial ponds, vats, tanks, raceways, 
2.20 	and other facilities that an aquatic farmer owns or has exclusive control of for the sole 
2.21 	purpose of producing saltwater aquatic life.

2.22 	Sec. 4. Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to 
2.23 	read:
2.24 		Subd. 20c.Saltwater aquatic life. "Saltwater aquatic life" means aquatic species that 
2.25 	are saltwater obligates or perform optimally when raised in salinities closer to that of natural 
2.26 	seawater and need saltwater to survive.

2.27 	Sec. 5. [17.499] TRANSPORTATION OR IMPORTATION OF SALTWATER 
2.28 	AQUATIC LIFE; QUARANTINE REQUIREMENT.
2.29 		Subdivision 1.Purpose. The legislature finds that it is in the public interest to increase 
2.30 	private saltwater aquaculture production and processing in this state under the coordination 
2.31 	of the commissioner of agriculture. Additional private production will reduce dependence 
3.1 	on foreign suppliers and benefit the rural economy by creating new jobs and economic 
3.2 	activity.
3.3 		Subd. 2.Transportation permit. (a) Notwithstanding the requirements in section 
3.4 	17.4985, saltwater aquatic life transportation and importation requirements are governed 
3.5 	by this section. A transportation permit is required prior to any importation or intrastate 
3.6 	transportation of saltwater aquatic life not exempted under subdivision 3. A transportation 
3.7 	permit may be used for multiple shipments within the 30-day term of the permit if the source 
3.8 	and the destination remain the same. Transportation permits must be obtained from the 
3.9 	commissioner prior to shipment of saltwater aquatic life.
3.10 	(b) An application for a transportation permit must be made in the form required by the 
3.11 	commissioner. The commissioner may reject an incomplete application.
3.12 	(c) An application for a transportation permit must be accompanied by satisfactory 
3.13 	evidence, as determined by the commissioner, that the shipment is free of any nonindigenous 
3.14 	species of animal other than the saltwater aquatic species and either:
3.15 	(1) the facility from which the saltwater aquatic life originated has provided 
3.16 	documentation of 36 or more consecutive months of negative testing by an approved 
3.17 	laboratory as free of any disease listed by OIE - the World Organisation for Animal Health 
3.18 	for that species following the testing guidelines outlined in the OIE Aquatic Animal Health 
3.19 	Code for crustaceans or the AFS Fish Health Blue Book for other species, as appropriate; 
3.20 	or
3.21 	(2) the saltwater aquatic life to be imported or transported includes documentation of 
3.22 	negative testing for that specific lot by an approved laboratory as free of any disease listed 
3.23 	by OIE - the World Organisation for Animal Health for crustaceans or in the AFS Fish 
3.24 	Health Blue Book for other species, as appropriate.
3.25 	If a shipment authorized by the commissioner under clause (1) includes saltwater aquatic 
3.26 	life that originated in a foreign country, the shipment must be quarantined at the receiving 
3.27 	facility according to a quarantine plan approved by the commissioner. A shipment authorized 
3.28 	by the commissioner under clause (2) must be quarantined at the receiving facility according 
3.29 	to a quarantine plan approved by the commissioner.
3.30 	(d) For purposes of this subdivision, "approved laboratory" means a laboratory approved 
3.31 	by the commissioner or the United States Department of Agriculture, Animal and Plant 
3.32 	Health Inspection Services.
4.1 	(e) No later than 14 calendar days after a completed transportation permit application 
4.2 	is received, the commissioner must approve or deny the transportation permit application.
4.3 	(f) A copy of the transportation permit must accompany a shipment of saltwater aquatic 
4.4 	life while in transit and must be available for inspection by the commissioner.
4.5 	(g) A vehicle used by a licensee for transporting aquatic life must be identified with the 
4.6 	license number and the licensee's name and town of residence as it appears on the license. 
4.7 	A vehicle used by a licensee must have identification displayed so that it is readily visible 
4.8 	from either side of the vehicle in letters and numbers not less than 2-1/2 inches high and 
4.9 	three-eighths inch wide. Identification may be permanently affixed to vehicles or displayed 
4.10 	on removable plates or placards placed on opposite doors of the vehicle or on the tanks 
4.11 	carried on the vehicle.
4.12 	(h) An application to license a vehicle for brood stock or larvae transport or for use as 
4.13 	a saltwater aquatic life vendor that is received by the commissioner is a temporary license 
4.14 	until approved or denied by the commissioner.
4.15 		Subd. 3.Exemptions. (a) A transportation permit is not required to transport or import 
4.16 	saltwater aquatic life:
4.17 	(1) previously processed for use as food or other purposes unrelated to propagation;
4.18 	(2) transported directly to an outlet for processing as food or for other food purposes if 
4.19 	accompanied by shipping documents;
4.20 	(3) that is being exported if accompanied by shipping documents;
4.21 	(4) that is being transported through the state if accompanied by shipping documents; 
4.22 	or
4.23 	(5) transported intrastate within or between facilities licensed for saltwater aquaculture 
4.24 	by the commissioner if accompanied by shipping documents.
4.25 	(b) Shipping documents required under paragraph (a) must include the place of origin, 
4.26 	owner or consignee, destination, number, species, and satisfactory evidence, as determined 
4.27 	by the commissioner, of the disease-free certification required under subdivision 2, paragraph 
4.28 	(c), clauses (1) and (2).

4.29 	Sec. 6. Minnesota Statutes 2017 Supplement, section 84.01, subdivision 6, is amended to 
4.30 	read:
4.31 		Subd. 6.Legal counsel. The commissioner of natural resources may appoint attorneys 
4.32 	or outside counsel to render title opinions, represent the department in severed mineral 
5.1 	interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute 
5.2 	to the contrary, represent the state in quiet title or title registration actions affecting land or 
5.3 	interests in land administered by the commissioner and in all proceedings relating to road 
5.4 	vacations.

5.5 	Sec. 7. Minnesota Statutes 2016, section 84.0895, subdivision 2, is amended to read:
5.6 		Subd. 2.Application. (a) Subdivision 1 does not apply to:
5.7 	(1) plants on land classified for property tax purposes as class 2a or 2c agricultural land 
5.8 	under section 273.13, or on ditches and roadways a ditch, or on an existing public road 
5.9 	right-of-way as defined in section 84.92, subdivision 6a; and
5.10 	(2) noxious weeds designated pursuant to sections 18.76 to 18.88 or to weeds otherwise 
5.11 	designated as troublesome by the Department of Agriculture.
5.12 	(b) If control of noxious weeds is necessary, it takes priority over the protection of 
5.13 	endangered plant species, as long as a reasonable effort is taken to preserve the endangered 
5.14 	plant species first.
5.15 	(c) The taking or killing of an endangered plant species on land adjacent to class 3 or 
5.16 	3b agricultural land as a result of the application of pesticides or other agricultural chemical 
5.17 	on the class 3 or 3b land is not a violation of subdivision 1, if reasonable care is taken in 
5.18 	the application of the pesticide or other chemical to avoid impact on adjacent lands. For the 
5.19 	purpose of this paragraph, class 3 or 3b agricultural land does not include timber land, waste 
5.20 	land, or other land for which the owner receives a state paid wetlands or native prairie tax 
5.21 	credit.
5.22 	(d) The accidental taking of an endangered plant, where the existence of the plant is not 
5.23 	known at the time of the taking, is not a violation of subdivision 1.

5.24 	Sec. 8. Minnesota Statutes 2016, section 84.86, subdivision 1, is amended to read:
5.25 		Subdivision 1.Required rules. With a view of achieving maximum use of snowmobiles 
5.26 	consistent with protection of the environment the commissioner of natural resources shall 
5.27 	adopt rules in the manner provided by chapter 14, for the following purposes:
5.28 	(1) Registration of snowmobiles and display of registration numbers.
5.29 	(2) Use of snowmobiles insofar as game and fish resources are affected.
5.30 	(3) Use of snowmobiles on public lands and waters, or on grant-in-aid trails.
6.1 	(4) Uniform signs to be used by the state, counties, and cities, which are necessary or 
6.2 	desirable to control, direct, or regulate the operation and use of snowmobiles.
6.3 	(5) Specifications relating to snowmobile mufflers.
6.4 	(6) A comprehensive snowmobile information and safety education and training program, 
6.5 	including but not limited to the preparation and dissemination of snowmobile information 
6.6 	and safety advice to the public, the training of snowmobile operators, and the issuance of 
6.7 	snowmobile safety certificates to snowmobile operators who successfully complete the 
6.8 	snowmobile safety education and training course. For the purpose of administering such 
6.9 	program and to defray expenses of training and certifying snowmobile operators, the 
6.10 	commissioner shall collect a fee from each person who receives the youth or adult training. 
6.11 	The commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for 
6.12 	issuing a duplicate snowmobile safety certificate. The commissioner shall establish both 
6.13 	fees in a manner that neither significantly overrecovers nor underrecovers costs, including 
6.14 	overhead costs, involved in providing the services. The fees are not subject to the rulemaking 
6.15 	provisions of chapter 14 and section 14.386 does not apply. The fees may be established 
6.16 	by the commissioner notwithstanding section 16A.1283. The fees, except for the issuing 
6.17 	fee for licensing agents under this subdivision, shall be deposited in the snowmobile trails 
6.18 	and enforcement account in the natural resources fund and the amount thereof, except for 
6.19 	the electronic licensing system commission established by the commissioner under section 
6.20 	84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated 
6.21 	annually to the Enforcement Division of the Department of Natural Resources for the 
6.22 	administration of such programs. In addition to the fee established by the commissioner, 
6.23 	instructors may charge each person any fee paid by the instructor for the person's online 
6.24 	training course and up to the established fee amount for class materials and expenses. The 
6.25 	commissioner shall cooperate with private organizations and associations, private and public 
6.26 	corporations, and local governmental units in furtherance of the program established under 
6.27 	this clause. School districts may cooperate with the commissioner and volunteer instructors 
6.28 	to provide space for the classroom portion of the training. The commissioner shall consult 
6.29 	with the commissioner of public safety in regard to training program subject matter and 
6.30 	performance testing that leads to the certification of snowmobile operators.
6.31 	(7) The operator of any snowmobile involved in an accident resulting in injury requiring 
6.32 	medical attention or hospitalization to or death of any person or total damage to an extent 
6.33 	of $500 or more, shall forward a written report of the accident to the commissioner on such 
6.34 	form as the commissioner shall prescribe. If the operator is killed or is unable to file a report 
7.1 	due to incapacitation, any peace officer investigating the accident shall file the accident 
7.2 	report within ten business days.

7.3 	Sec. 9. Minnesota Statutes 2017 Supplement, section 84.925, subdivision 1, is amended 
7.4 	to read:
7.5 		Subdivision 1.Program Training and certification programs established. (a) The 
7.6 	commissioner shall establish:
7.7 	(1) a comprehensive all-terrain vehicle environmental and safety education and training 
7.8 	certification program, including the preparation and dissemination of vehicle information 
7.9 	and safety advice to the public, the training of all-terrain vehicle operators, and the issuance 
7.10 	of all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who 
7.11 	successfully complete the all-terrain vehicle environmental and safety education and training 
7.12 	course.; and
7.13 	(2) a voluntary all-terrain vehicle online training program for youth and a parent or 
7.14 	guardian, offered at no charge for operators at least six years of age but younger than ten 
7.15 	years of age.
7.16 	(b) A parent or guardian must be present at the hands-on a training portion of the program 
7.17 	for when the youth who are six through ten is under ten years of age.
7.18 	(b) (c) For the purpose of administering the program and to defray the expenses of 
7.19 	training and certifying vehicle operators, the commissioner shall collect a fee from each 
7.20 	person who receives the training for certification under paragraph (a), clause (1). The 
7.21 	commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing 
7.22 	a duplicate all-terrain vehicle safety certificate. The commissioner shall establish both fees 
7.23 	in a manner that neither significantly overrecovers nor underrecovers costs, including 
7.24 	overhead costs, involved in providing the services. The fees are not subject to the rulemaking 
7.25 	provisions of chapter 14 and section 14.386 does not apply. The fees may be established 
7.26 	by the commissioner notwithstanding section 16A.1283. Fee proceeds, except for the issuing 
7.27 	fee for licensing agents under this subdivision, shall be deposited in the all-terrain vehicle 
7.28 	account in the natural resources fund and the amount thereof, except for the electronic 
7.29 	licensing system commission established by the commissioner under section 84.027, 
7.30 	subdivision 15, and issuing fees collected by the commissioner, is appropriated annually to 
7.31 	the Enforcement Division of the Department of Natural Resources for the administration 
7.32 	of the programs. In addition to the fee established by the commissioner, instructors may 
7.33 	charge each person up to the established fee amount for class materials and expenses.
8.1 	(c) (d) The commissioner shall cooperate with private organizations and associations, 
8.2 	private and public corporations, and local governmental units in furtherance of the program
8.3 	programs established under this section. School districts may cooperate with the 
8.4 	commissioner and volunteer instructors to provide space for the classroom portion of the 
8.5 	training. The commissioner shall consult with the commissioner of public safety in regard 
8.6 	to training program the subject matter of the training programs and performance testing that 
8.7 	leads to the certification of vehicle operators. The commissioner shall incorporate a riding 
8.8 	component in the safety education and training program programs established under this 
8.9 	section.

8.10 	Sec. 10. Minnesota Statutes 2017 Supplement, section 84.9256, subdivision 1, is amended 
8.11 	to read:
8.12 		Subdivision 1.Prohibitions on youthful operators. (a) Except for operation on public 
8.13 	road rights-of-way that is permitted under section 84.928 and as provided under paragraph 
8.14 	(j), a driver's license issued by the state or another state is required to operate an all-terrain 
8.15 	vehicle along or on a public road right-of-way.
8.16 	(b) A person under 12 years of age shall not:
8.17 	(1) make a direct crossing of a public road right-of-way;
8.18 	(2) operate an all-terrain vehicle on a public road right-of-way in the state; or
8.19 	(3) operate an all-terrain vehicle on public lands or waters, except as provided in 
8.20 	paragraph (f).
8.21 	(c) Except for public road rights-of-way of interstate highways, a person 12 years of age 
8.22 	but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, 
8.23 	county state-aid, or county highway or operate on public lands and waters or state or 
8.24 	grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate 
8.25 	issued by the commissioner and is accompanied by a person 18 years of age or older who 
8.26 	holds a valid driver's license.
8.27 	(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old, 
8.28 	but less than 16 years old, must:
8.29 	(1) successfully complete the safety education and training program under section 84.925, 
8.30 	subdivision 1, including a riding component; and
8.31 	(2) be able to properly reach and control the handle bars and reach the foot pegs while 
8.32 	sitting upright on the seat of the all-terrain vehicle.
9.1 	(e) A person at least six ten years of age may take the safety education and training 
9.2 	program and may receive an all-terrain vehicle safety certificate under paragraph (d), but 
9.3 	the certificate is not valid until the person reaches age 12.
9.4 	(f) A person at least ten years of age but under 12 years of age may operate an all-terrain 
9.5 	vehicle with an engine capacity up to 110cc if the vehicle is a class 1 all-terrain vehicle with 
9.6 	straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with 
9.7 	side-by-side-style seating on public lands or waters if accompanied by a parent or legal 
9.8 	guardian.
9.9 	(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
9.10 	(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands 
9.11 	or waters or on state or grant-in-aid trails if the person cannot properly reach and control:
9.12 	(1) the handle bars and reach the foot pegs while sitting upright on the seat of the 
9.13 	all-terrain vehicle with straddle-style seating; or
9.14 	(2) the steering wheel and foot controls of a class 1 all-terrain vehicle with 
9.15 	side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged.
9.16 	(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16 
9.17 	years old, may make a direct crossing of a public road right-of-way of a trunk, county 
9.18 	state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or 
9.19 	state or grant-in-aid trails if:
9.20 	(1) the nonresident youth has in possession evidence of completing an all-terrain safety 
9.21 	course offered by the ATV Safety Institute or another state as provided in section 84.925, 
9.22 	subdivision 3; and
9.23 	(2) the nonresident youth is accompanied by a person 18 years of age or older who holds 
9.24 	a valid driver's license.
9.25 	(j) A person 12 years of age but less than 16 years of age may operate an all-terrain 
9.26 	vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted 
9.27 	under section 84.928 if the person:
9.28 	(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner; 
9.29 	and
9.30 	(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

10.1 	Sec. 11. Minnesota Statutes 2017 Supplement, section 84D.03, subdivision 3, is amended 
10.2 	to read:
10.3 		Subd. 3.Bait harvest from infested waters. (a) Taking wild animals from infested 
10.4 	waters for bait or aquatic farm purposes is prohibited except as provided in paragraph (b), 
10.5 	(c), or (d) and section 97C.341.
10.6 	(b) In waters that are listed as infested waters, except those listed as infested with 
10.7 	prohibited invasive species of fish or certifiable diseases of fish, as defined under section 
10.8 	17.4982, subdivision 6, taking wild animals may be permitted for:
10.9 	(1) commercial taking of wild animals for bait and aquatic farm purposes as provided 
10.10 	in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
10.11 	(2) bait purposes for noncommercial personal use in waters that contain Eurasian 
10.12 	watermilfoil, when the infested waters are listed solely because they contain Eurasian 
10.13 	watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not 
10.14 	exceeding 16 inches in diameter and 32 inches in length.
10.15 	(c) In streams or rivers that are listed as infested waters, except those listed as infested 
10.16 	with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest 
10.17 	of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by 
10.18 	hook and line for noncommercial personal use is allowed as follows:
10.19 	(1) fish taken under this paragraph must be used on the same body of water where caught 
10.20 	and while still on that water body. Where the river or stream is divided by barriers such as 
10.21 	dams, the fish must be caught and used on the same section of the river or stream;
10.22 	(2) fish taken under this paragraph may not be transported live from or off the water 
10.23 	body;
10.24 	(3) fish harvested under this paragraph may only be used in accordance with this section;
10.25 	(4) any other use of wild animals used for bait from infested waters is prohibited;
10.26 	(5) fish taken under this paragraph must meet all other size restrictions and requirements 
10.27 	as established in rules; and
10.28 	(6) all species listed under this paragraph shall be included in the person's daily limit as 
10.29 	established in rules, if applicable.
10.30 	(d) In the Minnesota River downstream of Granite Falls, the Mississippi River 
10.31 	downstream of St. Anthony Falls, and the St. Croix River downstream of the dam at Taylors 
10.32 	Falls, including portions described as Minnesota-Wisconsin boundary waters in Minnesota 
11.1 	Rules, part 6266.0500, subpart 1, items A and B, the harvest of gizzard shad by cast net for 
11.2 	noncommercial personal use as bait for angling, as provided in a permit issued under section 
11.3 	84D.11, is allowed as follows:
11.4 	(1) nontarget species must immediately be returned to the water;
11.5 	(2) gizzard shad taken under this paragraph must be used on the same body of water 
11.6 	where caught and while still on that water body. Where the river is divided by barriers such 
11.7 	as dams, the gizzard shad must be caught and used on the same section of the river;
11.8 	(3) gizzard shad taken under this paragraph may not be transported off the water body; 
11.9 	and
11.10 	(4) gizzard shad harvested under this paragraph may only be used in accordance with 
11.11 	this section.
11.12 	This paragraph expires December 1, 2017.
11.13 	(e) Equipment authorized for minnow harvest in a listed infested water by permit issued 
11.14 	under paragraph (b) may not be transported to, or used in, any waters other than waters 
11.15 	specified in the permit.
11.16 	(f) Bait intended for sale may not be held in infested water after taking and before sale, 
11.17 	unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.

11.18 	EFFECTIVE DATE. This section is effective retroactively from December 1, 2017.

11.19 	Sec. 12. Minnesota Statutes 2017 Supplement, section 84D.03, subdivision 4, is amended 
11.20 	to read:
11.21 		Subd. 4.Restrictions in infested and noninfested waters; commercial fishing and 
11.22 	turtle, frog, and crayfish harvesting. (a) All nets, traps, buoys, anchors, stakes, and lines 
11.23 	used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that 
11.24 	is listed because it contains invasive fish, invertebrates, aquatic plants or aquatic macrophytes 
11.25 	other than Eurasian watermilfoil, or certifiable diseases, as defined in section 17.4982, must 
11.26 	be tagged with tags provided by the commissioner, as specified in the commercial licensee's 
11.27 	license or permit. Tagged gear must not be used in water bodies other than those specified 
11.28 	in the license or permit. The license or permit may authorize department staff to remove 
11.29 	tags after the from gear is that has been decontaminated according to a protocol specified 
11.30 	by the commissioner if the use of the decontaminated gear in other water bodies would not 
11.31 	pose an unreasonable risk of harm to natural resources or the use of natural resources in the 
12.1 	state. This tagging requirement does not apply to commercial fishing equipment used in 
12.2 	Lake Superior.
12.3 	(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, 
12.4 	frog, or crayfish harvesting in an infested water that is listed solely because it contains 
12.5 	Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum 
12.6 	of two days before they are used in any other waters, except as provided in this paragraph. 
12.7 	Commercial licensees must notify the department's regional or area fisheries office or a 
12.8 	conservation officer before removing nets or equipment from an infested water listed solely 
12.9 	because it contains Eurasian watermilfoil and before resetting those nets or equipment in 
12.10 	any other waters. Upon notification, the commissioner may authorize a commercial licensee 
12.11 	to move nets or equipment to another water without freezing or drying, if that water is listed 
12.12 	as infested solely because it contains Eurasian watermilfoil.
12.13 	(c) A commercial licensee must remove all aquatic macrophytes from nets and other 
12.14 	equipment before placing the equipment into waters of the state.
12.15 	(d) The commissioner shall provide a commercial licensee with a current listing of listed 
12.16 	infested waters at the time that a license or permit is issued.

12.17 	Sec. 13. Minnesota Statutes 2017 Supplement, section 84D.108, subdivision 2b, is amended 
12.18 	to read:
12.19 		Subd. 2b.Gull Lake pilot study. (a) The commissioner may include an additional 
12.20 	targeted pilot study to include water-related equipment with zebra mussels attached for the 
12.21 	Gull Narrows State Water Access Site, Government Point State Water Access Site, and 
12.22 	Gull East State water access Site sites on Gull Lake (DNR Division of Waters number 
12.23 	11-0305) in Cass and Crow Wing Counties using the same authorities, general procedures, 
12.24 	and requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake 
12.25 	service providers participating in the Gull Lake targeted pilot study place of business must 
12.26 	be located in Cass or Crow Wing County.
12.27 	(b) If an additional targeted pilot project for Gull Lake is implemented under this section, 
12.28 	the report to the chairs and ranking minority members of the senate and house of 
12.29 	representatives committees having jurisdiction over natural resources required under Laws 
12.30 	2016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study 
12.31 	recommendations and assessments.
12.32 	(c) This subdivision expires December 1, 2019.

13.1 	Sec. 14. Minnesota Statutes 2017 Supplement, section 84D.108, subdivision 2c, is amended 
13.2 	to read:
13.3 		Subd. 2c.Cross Lake pilot study. (a) The commissioner may include an additional 
13.4 	targeted pilot study to include water-related equipment with zebra mussels attached for the 
13.5 	Cross Lake #1 State water access Site sites on Cross Lake (DNR Division of Waters number 
13.6 	18-0312) in Crow Wing County using the same authorities, general procedures, and 
13.7 	requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The place 
13.8 	of business of lake service providers participating in the Cross Lake targeted pilot study 
13.9 	must be located in Cass or Crow Wing County.
13.10 	(b) If an additional targeted pilot project for Cross Lake is implemented under this 
13.11 	section, the report to the chairs and ranking minority members of the senate and house of 
13.12 	representatives committees having jurisdiction over natural resources required under Laws 
13.13 	2016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot 
13.14 	study recommendations and assessments.
13.15 	(c) This subdivision expires December 1, 2019.

13.16 	Sec. 15. Minnesota Statutes 2017 Supplement, section 85.0146, subdivision 1, is amended 
13.17 	to read:
13.18 		Subdivision 1.Advisory council created. The Cuyuna Country State Recreation Area 
13.19 	Citizens Advisory Council is established. Membership on the advisory council shall include:
13.20 	(1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers Board
13.21 	Cuyuna Range Economic Development, Inc.;
13.22 	(2) a representative of for the Croft Mine Historical Park Joint Powers Boardappointed 
13.23 	by the members of the Cuyuna Country State Recreation Area Citizens Advisory Council 
13.24 	who are appointed under clauses (1) and (4) to (13);
13.25 	(3) a designee of the Cuyuna Range Mineland Reclamation Committee who has worked 
13.26 	as a miner in the local area member at large appointed by the members of the Cuyuna 
13.27 	Country State Recreation Area Citizens Advisory Council who are appointed under clauses 
13.28 	(1) and (4) to (13);
13.29 	(4) a representative of the Crow Wing County Board;
13.30 	(5) an elected state official the state senator representing the state recreation area;
13.31 	(6) the member from the state house of representatives representing the state recreation 
13.32 	area;
14.1 	(7) a representative of the Grand Rapids regional office of the Department of Natural 
14.2 	Resources;
14.3 	(7) (8) a designee of the commissioner of Iron Range resources and rehabilitation;
14.4 	(8) (9) a designee of the local business community selected by the area chambers of 
14.5 	commerce;
14.6 	(9) (10) a designee of the local environmental community selected by the Crow Wing 
14.7 	County District 5 commissioner;
14.8 	(10) (11) a designee of a local education organization selected by the Crosby-Ironton 
14.9 	School Board;
14.10 	(11) (12) a designee of one of the recreation area user groups selected by the Cuyuna 
14.11 	Range Chamber of Commerce; and
14.12 	(12) (13) a member of the Cuyuna Country Heritage Preservation Society.

14.13 	Sec. 16. Minnesota Statutes 2016, section 86B.005, subdivision 8a, is amended to read:
14.14 		Subd. 8a.Marine carbon monoxide detection system. "Marine carbon monoxide 
14.15 	detection system" means a device or system that meets the requirements of the American 
14.16 	Boat and Yacht Council Standard A-24, July, 2015, for carbon monoxide detection systems.
14.17 	for detecting carbon monoxide that is certified by a nationally recognized testing laboratory 
14.18 	to conform to current UL Standards for use on recreational boats.

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

14.20 	Sec. 17. Minnesota Statutes 2016, section 86B.532, subdivision 1, is amended to read:
14.21 		Subdivision 1.Requirements; installation. (a) No motorboat that has an enclosed 
14.22 	accommodation compartment may be operated on any waters of the state unless the motorboat 
14.23 	is equipped with a functioning marine carbon monoxide detection system installed according 
14.24 	to the manufacturer's instructions and this subdivision.
14.25 	(b) After May 1, 2017, No new motorboat that has an enclosed accommodation 
14.26 	compartment may be sold or offered for sale in Minnesota unless the motorboat is equipped 
14.27 	with a new functioning marine carbon monoxide detection system installed according to 
14.28 	the manufacturer's instructions and this subdivision.
14.29 	(c) A marine carbon monoxide detection system must be located:
14.30 	(1) to monitor the atmosphere of the enclosed accommodation compartment; and
15.1 	(2) within ten feet or 3.048 meters of any designated sleeping accommodations.
15.2 	(d) A marine carbon monoxide detection system, including a sensor, must not be located 
15.3 	within five feet or 1.52 meters of any cooking appliance.

15.4 	EFFECTIVE DATE. This section is effective May 1, 2018.

15.5 	Sec. 18. Minnesota Statutes 2016, section 88.10, is amended by adding a subdivision to 
15.6 	read:
15.7 		Subd. 3.Wildland firefighters; training and licensing. Forest officers and all 
15.8 	individuals employed as wildland firefighters under this chapter are not subject to the 
15.9 	requirements of chapter 299N.

15.10 	Sec. 19. Minnesota Statutes 2016, section 88.75, subdivision 1, is amended to read:
15.11 		Subdivision 1.Misdemeanor offenses; damages; injunctive relief. (a) Any person 
15.12 	who violates any of the provisions of sections 88.03 to 88.22 for which no specific penalty 
15.13 	is therein prescribed shall be guilty of a misdemeanor and be punished accordingly.
15.14 	(b) Failure by any person to comply with any provision or requirement of sections 88.03
15.15 	to 88.22 to which such person is subject shall be deemed a violation thereof.
15.16 	(c) Any person who violates any provisions of sections 88.03 to 88.22, in addition to 
15.17 	any penalties therein prescribed, or hereinbefore in this section prescribed, for such violation, 
15.18 	shall also be liable in full damages to any and every person suffering loss or injury by reason 
15.19 	of such violation, including liability to the state, and any of its political subdivisions, for 
15.20 	all expenses incurred in fighting or preventing the spread of, or extinguishing, any fire 
15.21 	caused by, or resulting from, any violation of these sections. Notwithstanding any statute 
15.22 	to the contrary, an attorney who is licensed to practice law in Minnesota and is an employee 
15.23 	of the Department of Natural Resources may represent the commissioner in proceedings 
15.24 	under this subdivision that are removed to district court from conciliation court. All expenses 
15.25 	so collected by the state shall be deposited in the general fund. When a fire set by any person 
15.26 	spreads to and damages or destroys property belonging to another, the setting of the fire 
15.27 	shall be prima facie evidence of negligence in setting and allowing the same to spread.
15.28 	(d) At any time the state, or any political subdivision thereof, either of its own motion, 
15.29 	or at the suggestion or request of the director, may bring an action in any court of competent 
15.30 	jurisdiction to restrain, enjoin, or otherwise prohibit any violation of sections 88.03 to 88.22, 
15.31 	whether therein described as a crime or not, and likewise to restrain, enjoin, or prohibit any 
15.32 	person from proceeding further in, with, or at any timber cutting or other operations without 
16.1 	complying with the provisions of those sections, or the requirements of the director pursuant 
16.2 	thereto; and the court may grant such relief, or any other appropriate relief, whenever it 
16.3 	shall appear that the same may prevent loss of life or property by fire, or may otherwise aid 
16.4 	in accomplishing the purposes of sections 88.03 to 88.22.

16.5 	Sec. 20. Minnesota Statutes 2017 Supplement, section 89.17, is amended to read:
16.6 	89.17 LEASES AND PERMITS.
16.7 	(a) Notwithstanding the permit procedures of chapter 90, the commissioner may grant 
16.8 	and execute, in the name of the state, leases and permits for the use of any forest lands under 
16.9 	the authority of the commissioner for any purpose that in the commissioner's opinion is not 
16.10 	inconsistent with the maintenance and management of the forest lands, on forestry principles 
16.11 	for timber production. Every such lease or permit is revocable at the discretion of the 
16.12 	commissioner at any time subject to such conditions as may be agreed on in the lease. The 
16.13 	approval of the commissioner of administration is not required upon any such lease or 
16.14 	permit. No such lease or permit for a period exceeding 21 years shall be granted except with 
16.15 	the approval of the Executive Council.
16.16 	(b) Public access to the leased land for outdoor recreation is the same as access would 
16.17 	be under state management.
16.18 	(c) Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable costs 
16.19 	incurred for preparing and issuing the lease, all remaining proceeds from leasing school 
16.20 	trust land and university land for roads on forest lands must be deposited into the respective 
16.21 	permanent fund for the lands.
16.22 	(d) The commissioner may require a performance bond, security deposit, or other form 
16.23 	of security for removing any improvements or personal property left on the leased premises 
16.24 	by the lessee upon termination or cancellation of the lease.

16.25 	Sec. 21. Minnesota Statutes 2016, section 89.551, is amended to read:
16.26 	89.551 APPROVED FIREWOOD REQUIRED.
16.27 	(a) After the commissioner issues an order under paragraph (b), a person may not possess 
16.28 	firewood on land administered by the commissioner of natural resources unless the firewood:
16.29 	(1) was obtained from a firewood distribution facility located on land administered by 
16.30 	the commissioner;
17.1 	(2) was obtained from a firewood dealer who is selling firewood that is approved by the 
17.2 	commissioner under paragraph (b); or
17.3 	(3) has been approved by the commissioner of natural resources under paragraph (b).
17.4 	(b) The commissioner of natural resources shall, by written order published in the State 
17.5 	Register, approve firewood for possession on lands administered by the commissioner. The 
17.6 	order is not subject to the rulemaking provisions of chapter 14, and section 14.386 does not 
17.7 	apply.
17.8 	(c) A violation under this section is subject to confiscation of firewood and after May 
17.9 	1, 2008, confiscation and a $100 penalty. A firewood dealer shall be subject to confiscation 
17.10 	and assessed a $100 penalty for each sale of firewood not approved under the provisions 
17.11 	of this section and sold for use on land administered by the commissioner.
17.12 	(d) For the purposes of this section, "firewood" means any wood that is intended for use 
17.13 	in a campfire, as defined in section 88.01, subdivision 25.

17.14 	Sec. 22. Minnesota Statutes 2016, section 92.50, is amended by adding a subdivision to 
17.15 	read:
17.16 		Subd. 3.Security requirement. The commissioner may require a performance bond, 
17.17 	security deposit, or other form of security for removing any improvements or personal 
17.18 	property left on the leased premises by the lessee upon termination or cancellation of the 
17.19 	lease.

17.20 	Sec. 23. Minnesota Statutes 2016, section 94.10, subdivision 2, is amended to read:
17.21 		Subd. 2.Public sale requirements. (a) After complying with subdivision 1 and before 
17.22 	any public sale of surplus state-owned land is made and at least 30 days before the sale, the 
17.23 	commissioner of natural resources shall publish a notice of the sale in a newspaper of general 
17.24 	distribution in the county in which the real property to be sold is situated. The notice shall 
17.25 	specify the time and place at which the sale will commence, a general description of the 
17.26 	lots or tracts to be offered, and a general statement of the terms of sale. The commissioner 
17.27 	shall also provide electronic notice of sale.
17.28 	(b) The minimum bid for a parcel of land must include the estimated value or appraised 
17.29 	value of the land and any improvements and, if any of the land is valuable for merchantable 
17.30 	timber, the value of the merchantable timber. The minimum bid may include expenses 
17.31 	incurred by the commissioner in rendering the property salable, including survey, appraisal, 
17.32 	legal, advertising, and other expenses.
18.1 	(c) The purchaser of state land must pay recording fees and the state deed tax.
18.2 	(d) Except as provided under paragraph (e), parcels remaining unsold after the offering 
18.3 	may be sold to anyone agreeing to pay at least 75 percent of the appraised value. The sale 
18.4 	shall continue until all parcels are sold or until the commissioner orders a reappraisal or 
18.5 	withdraws the remaining parcels from sale.
18.6 	(e) The commissioner may retain the services of a licensed real estate broker to find a 
18.7 	buyer for parcels remaining unsold after the offering. The sale price may be negotiated by 
18.8 	the broker, but must not be less than 90 percent of the appraised value as determined by the 
18.9 	commissioner. The broker's fee must be established by prior agreement between the 
18.10 	commissioner and the broker and must not exceed ten percent of the sale price for sales of 
18.11 	$10,000 or more. The broker's fee must be paid to the broker from the proceeds of the sale.
18.12 	(f) Public sales of surplus state-owned land may be conducted through online auctions.

18.13 	Sec. 24. Minnesota Statutes 2016, section 97A.051, subdivision 2, is amended to read:
18.14 		Subd. 2.Summary of fish and game laws. (a) The commissioner shall prepare a 
18.15 	summary of the hunting and fishing laws and rules and deliver a sufficient supply to license 
18.16 	vendors to furnish one copy to each person obtaining a hunting, fishing, or trapping license.
18.17 	(b) At the beginning of the summary, under the heading "Trespass," the commissioner 
18.18 	shall summarize the trespass provisions under sections 97B.001 to 97B.945, state that 
18.19 	conservation officers and peace officers must enforce the trespass laws, and state the penalties 
18.20 	for trespassing.
18.21 	(c) In the summary the commissioner shall, under the heading "Duty to Render Aid," 
18.22 	summarize the requirements under section 609.662 and state the penalties for failure to 
18.23 	render aid to a person injured by gunshot.

18.24 	Sec. 25. Minnesota Statutes 2017 Supplement, section 97A.075, subdivision 1, is amended 
18.25 	to read:
18.26 		Subdivision 1.Deer, bear, and lifetime licenses. (a) For purposes of this subdivision, 
18.27 	"deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5), 
18.28 	(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and 
18.29 	8, paragraph (b), and licenses issued under section 97B.301, subdivision 4.
18.30 	(b) $16 from each annual deer license issued under section 97A.475, subdivisions 2, 
18.31 	clauses (5), (6), and (7); 3, paragraph (a), clauses (2), (3), and (4); and 8, paragraph (b); $2 
18.32 	from each annual deer license and $2 issued under sections 97A.475, subdivisions 2, clauses 
19.1 	(13), (14), and (15); and 3, paragraph (a), clauses (10), (11), and (12); and 97B.301, 
19.2 	subdivision 4; $16 annually from the lifetime fish and wildlife trust fund, established in 
19.3 	section 97A.4742, for each license issued to a person 18 years of age or older under section 
19.4 	97A.473, subdivision 4,; and $2 annually from the lifetime fish and wildlife trust fund for 
19.5 	each license issued to a person under 18 years of age shall be credited to the deer management 
19.6 	account and is appropriated to the commissioner for deer habitat improvement or deer 
19.7 	management programs.
19.8 	(c) $1 from each annual deer license and each bear license and $1 annually from the 
19.9 	lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued 
19.10 	under section 97A.473, subdivision 4, shall be credited to the deer and bear management 
19.11 	account and is appropriated to the commissioner for deer- and bear-management programs, 
19.12 	including a computerized licensing system.
19.13 	(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild 
19.14 	Cervidae health-management account and is appropriated for emergency deer feeding and 
19.15 	wild Cervidae health management. Money appropriated for emergency deer feeding and 
19.16 	wild Cervidae health management is available until expended.
19.17 	When the unencumbered balance in the appropriation for emergency deer feeding and 
19.18 	wild Cervidae health management exceeds $2,500,000 at the end of a fiscal year, the 
19.19 	unencumbered balance in excess of $2,500,000 is canceled and available for deer- and 
19.20 	bear-management programs and computerized licensing.

19.21 	EFFECTIVE DATE. This section is effective retroactively from March 1, 2018.

19.22 	Sec. 26. Minnesota Statutes 2016, section 97A.433, subdivision 4, is amended to read:
19.23 		Subd. 4.Discretionary separate selection; eligibility. (a) The commissioner may 
19.24 	conduct a separate selection for up to 20 percent of the elk licenses to be issued for an area. 
19.25 	Only owners of, and tenants living on, at least 160 acres of agricultural or grazing land in 
19.26 	the area, and their family members, are eligible for the separate selection. Persons that are 
19.27 	unsuccessful in a separate selection must be included in the selection for the remaining 
19.28 	licenses. Persons who obtain an elk license in a separate selection must allow public elk 
19.29 	hunting on their land during the elk season for which the license is valid may sell the license 
19.30 	to any Minnesota resident eligible to hunt big game for no more than the original cost of 
19.31 	the license.
19.32 	(b) The commissioner may by rule establish criteria for determining eligible family 
19.33 	members under this subdivision.

20.1 	Sec. 27. Minnesota Statutes 2016, section 97A.433, subdivision 5, is amended to read:
20.2 		Subd. 5.Mandatory separate selection. The commissioner must conduct a separate 
20.3 	selection for 20 percent of the elk licenses to be issued each year. Only individuals who 
20.4 	have applied at least ten times for an elk license and who have never received a license are 
20.5 	eligible for this separate selection. A person who is unsuccessful in a separate selection 
20.6 	under this subdivision must be included in the selection for the remaining licenses.

20.7 	Sec. 28. Minnesota Statutes 2016, section 97B.015, subdivision 6, is amended to read:
20.8 		Subd. 6.Provisional certificate for persons with permanent physical or 
20.9 	developmental disability. Upon the recommendation of a course instructor, the 
20.10 	commissioner may issue a provisional firearms safety certificate to a person who satisfactorily 
20.11 	completes the classroom portion of the firearms safety course but is unable to pass the 
20.12 	written or an alternate format exam portion of the course because of a permanent physical 
20.13 	disability or developmental disability as defined in section 97B.1055, subdivision 1. The 
20.14 	certificate is valid only when used according to section 97B.1055.

20.15 	Sec. 29. Minnesota Statutes 2016, section 97B.1055, is amended to read:
20.16 	97B.1055 HUNTING BY PERSONS WITH A PERMANENT PHYSICAL OR 
20.17 	DEVELOPMENTAL DISABILITY.
20.18 		Subdivision 1.Definitions. For purposes of this section and section 97B.015, subdivision 
20.19 	6,:
20.20 	(a) A "person with developmental disability" means a person who has been diagnosed 
20.21 	as having substantial limitations in present functioning, manifested as significantly 
20.22 	subaverage intellectual functioning, existing concurrently with demonstrated deficits in 
20.23 	adaptive behavior, and who manifests these conditions before the person's 22nd birthday.
20.24 	(b) A "person with a related condition" means a person who meets the diagnostic 
20.25 	definition under section 252.27, subdivision 1a.
20.26 	(c) A "person with a permanent physical disability" means a person who has a physical 
20.27 	disability that prevents them from being able to navigate natural terrain or hold a firearm 
20.28 	for the purpose of a required field component for the firearm safety training program under 
20.29 	section 97B.020.
20.30 		Subd. 2.Obtaining a license. (a) Notwithstanding section 97B.020, a person with a 
20.31 	permanent physical disability or developmental disability may obtain a firearms hunting 
21.1 	license with a provisional firearms safety certificate issued under section 97B.015, 
21.2 	subdivision 6.
21.3 	(b) Any person accompanying or assisting a person with a permanent physical disability 
21.4 	or developmental disability under this section must possess a valid firearms safety certificate 
21.5 	issued by the commissioner.
21.6 		Subd. 3.Assistance required. A person who obtains a firearms hunting license under 
21.7 	subdivision 2 must be accompanied and assisted by a parent, guardian, or other adult person 
21.8 	designated by a parent or guardian when hunting. A person who is not hunting but is solely 
21.9 	accompanying and assisting a person with a permanent physical disability or developmental 
21.10 	disability need not obtain a hunting license.
21.11 		Subd. 4.Prohibited activities. (a) This section does not entitle a person to possess a 
21.12 	firearm if the person is otherwise prohibited from possessing a firearm under state or federal 
21.13 	law or a court order.
21.14 	(b) No person shall knowingly authorize or permit a person, who by reason of a permanent 
21.15 	physical disability or developmental disability is incapable of safely possessing a firearm, 
21.16 	to possess a firearm to hunt in the state or on any boundary water of the state.

21.17 	Sec. 30. Minnesota Statutes 2016, section 97C.345, subdivision 3a, is amended to read:
21.18 		Subd. 3a.Cast nets for gizzard shad. (a) Cast nets may be used only to take gizzard 
21.19 	shad for use as bait for angling:
21.20 	(1) from July 1 to November 30; and
21.21 	(2) from the Minnesota River downstream of Granite Falls, Mississippi River downstream 
21.22 	of St. Anthony Falls, and the St. Croix River downstream of the dam at Taylors Falls, 
21.23 	including portions described as Minnesota-Wisconsin boundary waters in Minnesota Rules, 
21.24 	part 6266.0500, subpart 1, items A and B, that are listed as infested waters as allowed under 
21.25 	section 84D.03, subdivision 3.
21.26 	(b) Cast nets used under this subdivision must be monofilament and may not exceed 
21.27 	seven five feet in diameter radius, and mesh size must be from three-eighths to five-eighths 
21.28 	inch bar measure. No more than two cast nets may be used at one time.
21.29 	(c) This subdivision expires December 1, 2017. The commissioner must report to the 
21.30 	chairs and ranking minority members of the house of representatives and senate committees 
21.31 	with jurisdiction over environment and natural resources by March 1, 2018, on the number 
22.1 	of permits issued, conservation impacts from the use of cast nets, and recommendations for 
22.2 	any necessary changes in statutes or rules.

22.3 	EFFECTIVE DATE. This section is effective retroactively from December 1, 2017.

22.4 	Sec. 31. Minnesota Statutes 2016, section 103F.361, subdivision 2, is amended to read:
22.5 		Subd. 2.Legislative intent. It is the intent of sections 103F.361 to 103F.377 to authorize 
22.6 	and direct the board and the counties zoning authorities to implement the plan for the 
22.7 	Mississippi headwaters area.

22.8 	Sec. 32. Minnesota Statutes 2016, section 103F.363, subdivision 1, is amended to read:
22.9 		Subdivision 1.Generally. Sections 103F.361 to 103F.377 apply to the counties of 
22.10 	Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrison and all other 
22.11 	zoning authorities.

22.12 	Sec. 33. Minnesota Statutes 2016, section 103F.365, is amended by adding a subdivision 
22.13 	to read:
22.14 		Subd. 5.Zoning authority. "Zoning authority" means counties, organized townships, 
22.15 	local and special governmental units, joint powers boards, councils, commissions, boards, 
22.16 	districts, and all state agencies and departments within the corridor defined by the plan, 
22.17 	excluding statutory or home rule charter cities.

22.18 	Sec. 34. Minnesota Statutes 2016, section 103F.371, is amended to read:
22.19 	103F.371 RESPONSIBILITIES OF OTHER GOVERNMENTAL UNITS.
22.20 	(a) All local and special governmental units, councils, commissions, boards and districts 
22.21 	and all state agencies and departments must exercise their powers so as to further the purposes 
22.22 	of sections 103F.361 to 103F.377 and the plan. Land owned by the state, its agencies, and 
22.23 	political subdivisions shall be administered in accordance with the plan. The certification 
22.24 	procedure under section 103F.373 applies to all zoning authorities in the corridor defined 
22.25 	by the plan.
22.26 	(b) Actions that comply with the land use ordinance are consistent with the plan. Actions 
22.27 	that do not comply with the ordinance may not be started until the board has been notified 
22.28 	and given an opportunity to review and comment on the consistency of the action with this 
22.29 	section.

23.1 	Sec. 35. Minnesota Statutes 2016, section 103F.373, subdivision 1, is amended to read:
23.2 		Subdivision 1.Purpose. To assure ensure that the plan is not nullified by unjustified 
23.3 	exceptions in particular cases and to promote uniformity in the treatment of applications 
23.4 	for exceptions, a review and certification procedure is established for the following categories 
23.5 	of land use actions taken by the counties and zoning authorities directly or indirectly affecting 
23.6 	land use within the area covered by the plan:
23.7 	(1) the adoption or amendment of an ordinance regulating the use of land, including 
23.8 	rezoning of particular tracts of land;
23.9 	(2) the granting of a variance from provisions of the land use ordinance; and
23.10 	(3) the approval of a plat which is inconsistent with the land use ordinance.

23.11 	Sec. 36. Minnesota Statutes 2016, section 103F.373, subdivision 3, is amended to read:
23.12 		Subd. 3.Procedure for certification. A copy of the notices of public hearings or, when 
23.13 	a hearing is not required, a copy of the application to consider an action of a type specified 
23.14 	in subdivision 1, clauses (1) to (3), must be forwarded to the board by the county zoning 
23.15 	authority at least 15 days before the hearing or meetings to consider the actions. The county
23.16 	zoning authority shall notify the board of its final decision on the proposed action within 
23.17 	ten days of the decision. By 30 days after the board receives the notice, the board shall 
23.18 	notify the county zoning authority and the applicant of its the board's approval or disapproval 
23.19 	of the proposed action.

23.20 	Sec. 37. Minnesota Statutes 2016, section 103F.373, subdivision 4, is amended to read:
23.21 		Subd. 4.Disapproval of actions. (a) If a notice of disapproval is issued by the board, 
23.22 	the county zoning authority or the applicant may, within 30 days of the notice, file with the 
23.23 	board a demand for a hearing. If a demand is not filed within the 30-day period, the 
23.24 	disapproval becomes final.
23.25 	(b) If a demand is filed within the 30-day period, a hearing must be held within 60 days 
23.26 	of demand. The hearing must be preceded by two weeks' published notice. Within 30 days 
23.27 	after the hearing, the board must:
23.28 	(1) affirm its disapproval of the proposed action; or
23.29 	(2) certify approval of the proposed action.

24.1 	Sec. 38. [115.455] EFFLUENT LIMITATIONS; COMPLIANCE.
24.2 	To the extent allowable under federal law, for a municipality that constructs a publicly 
24.3 	owned treatment works to comply with a new or modified effluent limitation, compliance 
24.4 	with any new or modified effluent limitation adopted after construction begins that would 
24.5 	require additional capital investment is required no sooner than 16 years after the date the 
24.6 	facility begins operating.

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

24.8 	Sec. 39. Minnesota Statutes 2016, section 115A.94, subdivision 2, is amended to read:
24.9 		Subd. 2.Local authority. A city or town may organize collection, after public notification 
24.10 	and hearing as required in subdivisions 4a to 4d 4f. A county may organize collection as 
24.11 	provided in subdivision 5. A city or town that has organized collection as of May 1, 2013, 
24.12 	is exempt from subdivisions 4a to 4d 4f.

24.13 	EFFECTIVE DATE. This section is effective January 1, 2019, and applies to organized 
24.14 	collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after 
24.15 	that date.

24.16 	Sec. 40. Minnesota Statutes 2016, section 115A.94, subdivision 4a, is amended to read:
24.17 		Subd. 4a.Committee establishment. (a) Before implementing an ordinance, franchise, 
24.18 	license, contract, or other means of organizing collection, a city or town, by resolution of 
24.19 	the governing body, must establish an organizeda solid waste collection options committee 
24.20 	to identify, examine, and evaluate various methods of organized solid waste collection. The 
24.21 	governing body shall appoint the committee members.
24.22 	(b) The organized solid waste collection options committee is subject to chapter 13D.

24.23 	EFFECTIVE DATE. This section is effective January 1, 2019, and applies to organized 
24.24 	collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after 
24.25 	that date.

24.26 	Sec. 41. Minnesota Statutes 2016, section 115A.94, subdivision 4b, is amended to read:
24.27 		Subd. 4b.Committee duties. The committee established under subdivision 4a shall:
24.28 	(1) determine which methods of organized solid waste collection to examine, which 
24.29 	must include:
24.30 	(i) the existing system of collection;
25.1 	(i) (ii) a system in which a single collector collects solid waste from all sections of a 
25.2 	city or town; and
25.3 	(ii) (iii) a system in which multiple collectors, either singly or as members of an 
25.4 	organization of collectors, collect solid waste from different sections of a city or town;
25.5 	(2) establish a list of criteria on which the organized solid waste collection methods 
25.6 	selected for examination will be evaluated, which may include: costs to residential 
25.7 	subscribers, impacts on residential subscribers' ability to choose a provider of solid waste 
25.8 	service based on the desired level of service, costs and other factors, the impact of miles 
25.9 	driven by collection vehicles on city streets and alleys and the incremental impact of miles 
25.10 	driven by collection vehicles, initial and operating costs to the city of implementing the 
25.11 	organized solid waste collection system, providing incentives for waste reduction, impacts 
25.12 	on solid waste collectors, and other physical, economic, fiscal, social, environmental, and 
25.13 	aesthetic impacts;
25.14 	(3) collect information regarding the operation and efficacy of existing methods of 
25.15 	organized solid waste collection in other cities and towns;
25.16 	(4) seek input from, at a minimum:
25.17 	(i) the governing body of the city or town;
25.18 	(ii) the local official of the city or town responsible for solid waste issues;
25.19 	(iii) persons currently licensed to operate solid waste collection and recycling services 
25.20 	in the city or town; and
25.21 	(iv) residents of the city or town who currently pay for residential solid waste collection 
25.22 	services; and
25.23 	(5) issue a report on the committee's research, findings, and any recommendations to 
25.24 	the governing body of the city or town.

25.25 	EFFECTIVE DATE. This section is effective January 1, 2019, and applies to organized 
25.26 	collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after 
25.27 	that date.

25.28 	Sec. 42. Minnesota Statutes 2016, section 115A.94, subdivision 4c, is amended to read:
25.29 		Subd. 4c.Governing body; implementation. The governing body of the city or town 
25.30 	shall consider the report and recommendations of the organized solid waste collection 
25.31 	options committee. The governing body must provide public notice and hold at least one 
25.32 	public hearing before deciding whether to implement organized collection. Organized 
26.1 	collection may begin no sooner than six months after the effective date of the decision of 
26.2 	the governing body of the city or town to implement organized collection.

26.3 	EFFECTIVE DATE. This section is effective January 1, 2019, and applies to organized 
26.4 	collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after 
26.5 	that date.

26.6 	Sec. 43. Minnesota Statutes 2016, section 115A.94, subdivision 4d, is amended to read:
26.7 		Subd. 4d.Participating collectors proposal requirement. Prior to Before establishing 
26.8 	a committee under subdivision 4a to consider organizing residential solid waste collection, 
26.9 	a city or town with more than one licensed collector must notify the public and all licensed 
26.10 	collectors in the community. The city or town must provide a 60-day period of at least 60 
26.11 	days in which meetings and negotiations shall occur exclusively between licensed collectors 
26.12 	and the city or town to develop a proposal in which interested licensed collectors, as members 
26.13 	of an organization of collectors, collect solid waste from designated sections of the city or 
26.14 	town. The proposal shall include identified city or town priorities, including issues related 
26.15 	to zone creation, traffic, safety, environmental performance, service provided, and price, 
26.16 	and shall reflect existing haulers maintaining their respective market share of business as 
26.17 	determined by each hauler's average customer count during the six months prior to the 
26.18 	commencement of the 60-day exclusive negotiation period. If an existing hauler opts to be 
26.19 	excluded from the proposal, the city may allocate their customers proportionally based on 
26.20 	market share to the participating collectors who choose to negotiate. The initial organized 
26.21 	collection agreement executed under this subdivision must be for a period of three to seven 
26.22 	years. Upon execution of an agreement between the participating licensed collectors and 
26.23 	city or town, the city or town shall establish organized collection through appropriate local 
26.24 	controls and is not required to fulfill the requirements of subdivisions 4a, 4b, and 4c, except 
26.25 	that the governing body must provide the public notification and hearing required under 
26.26 	subdivision 4c.

26.27 	EFFECTIVE DATE. This section is effective January 1, 2019, and applies to organized 
26.28 	collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after 
26.29 	that date.

26.30 	Sec. 44. Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision 
26.31 	to read:
26.32 		Subd. 4e.Parties to meet and confer. Before the exclusive meetings and negotiations 
26.33 	under subdivision 4d, participating licensed collectors and elected officials of the city or 
27.1 	town must meet and confer regarding waste collection issues, including but not limited to 
27.2 	road deterioration, public safety, pricing mechanisms, and contractual considerations unique 
27.3 	to organized collection.

27.4 	EFFECTIVE DATE. This section is effective January 1, 2019, and applies to organized 
27.5 	collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after 
27.6 	that date.

27.7 	Sec. 45. Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision 
27.8 	to read:
27.9 		Subd. 4f.Joint liability limited. Notwithstanding section 604.02, an organized collection 
27.10 	agreement must not obligate a participating licensed collector for damages to third parties 
27.11 	solely caused by another participating licensed collector. The organized collection agreement 
27.12 	may include joint obligations for actions that are undertaken by all the participating licensed 
27.13 	collectors under this section.

27.14 	EFFECTIVE DATE. This section is effective January 1, 2019, and applies to organized 
27.15 	collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after 
27.16 	that date.

27.17 	Sec. 46. Minnesota Statutes 2016, section 115A.94, subdivision 5, is amended to read:
27.18 		Subd. 5.County organized collection. (a) A county may by ordinance require cities 
27.19 	and towns within the county to organize collection. Organized collection ordinances of 
27.20 	counties may:
27.21 	(1) require cities and towns to require the separation and separate collection of recyclable 
27.22 	materials;
27.23 	(2) specify the material to be separated; and
27.24 	(3) require cities and towns to meet any performance standards for source separation 
27.25 	that are contained in the county solid waste plan.
27.26 	(b) A county may itself organize collection under subdivisions 4a to 4d 4f in any city 
27.27 	or town that does not comply with a county organized collection ordinance adopted under 
27.28 	this subdivision, and the county may implement, as part of its organized collection, the 
27.29 	source separation program and performance standards required by its organized collection 
27.30 	ordinance.

28.1 	EFFECTIVE DATE. This section is effective January 1, 2019, and applies to organized 
28.2 	collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after 
28.3 	that date.

28.4 	Sec. 47. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to 
28.5 	read:
28.6 		Subd. 2c.Exemption from standards for temporary storage facilities subject to 
28.7 	control. (a) A temporary storage facility located at a commodity facility that is required to 
28.8 	be controlled under Minnesota Rules, part 7011.1005, subpart 3, is not subject to Minnesota 
28.9 	Rules, parts 7011.1000 to 7011.1015. For all portable equipment and fugitive dust emissions 
28.10 	directly associated with the temporary storage facility, it is determined that there is no 
28.11 	applicable specific standard of performance.
28.12 	(b) For the purposes of this subdivision, the following terms have the meanings given 
28.13 	to them:
28.14 	(1) "temporary storage facility" means a facility storing grain that:
28.15 	(i) uses an asphalt, concrete, or comparable base material;
28.16 	(ii) has rigid, self-supporting sidewalls;
28.17 	(iii) provides adequate aeration; and
28.18 	(iv) provides an acceptable covering; and
28.19 	(2) "portable equipment" means equipment that is not fixed at any one spot and can be  
28.20 	moved, including but not limited to portable receiving pits, portable augers and conveyors, 
28.21 	and portable reclaim equipment directly associated with the temporary storage facility.

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

28.23 	Sec. 48. Minnesota Statutes 2017 Supplement, section 116.0714, is amended to read:
28.24 	116.0714 NEW OPEN-AIR SWINE BASINS.
28.25 	(a) The commissioner of the Pollution Control Agency or a county board shall not 
28.26 	approve any permits for the construction of new open-air swine basins, except that existing 
28.27 	facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste 
28.28 	treatment program for resolving pollution problems or to allow conversion of an existing 
28.29 	basin of less than 1,000,000 gallons to a different animal type, provided all standards are 
28.30 	met. This section expires June 30, 2022.
29.1 	(b) This section does not apply to basins used solely for wastewater from truck-washing 
29.2 	facilities.

29.3 	Sec. 49. Minnesota Statutes 2016, section 116.993, subdivision 2, is amended to read:
29.4 		Subd. 2.Eligible borrower. To be eligible for a loan under this section, a borrower 
29.5 	must:
29.6 	(1) be a small business corporation, sole proprietorship, partnership, or association;
29.7 	(2) be a potential emitter of pollutants to the air, ground, or water;
29.8 	(3) need capital for equipment purchases that will meet or exceed environmental 
29.9 	regulations or need capital for site investigation and cleanup;
29.10 	(4) have less fewer than 50 100 full-time equivalent employees; and
29.11 	(5) have an after tax after-tax profit of less than $500,000; and.
29.12 	(6) have a net worth of less than $1,000,000.

29.13 	Sec. 50. Minnesota Statutes 2016, section 116.993, subdivision 6, is amended to read:
29.14 		Subd. 6.Loan conditions. A loan made under this section must include:
29.15 	(1) an interest rate that is four percent or at or below one-half the prime rate, whichever 
29.16 	is greater not to exceed five percent;
29.17 	(2) a term of payment of not more than seven years; and
29.18 	(3) an amount not less than $1,000 or exceeding $50,000 $75,000.

29.19 	Sec. 51. [383A.606] DISCONTINUANCE OF RAMSEY SOIL AND WATER 
29.20 	CONSERVATION DISTRICT; TRANSFER OF DUTIES.
29.21 		Subdivision 1.Discontinuance. Notwithstanding section 103C.225, the Ramsey Soil 
29.22 	and Water Conservation District is discontinued effective July 1, 2018, and its duties and 
29.23 	authorities are transferred to the Ramsey County Board of Commissioners.
29.24 		Subd. 2.Transfer of duties and authorities. The Ramsey County Board of 
29.25 	Commissioners has the duties and authorities of a soil and water conservation district. All 
29.26 	contracts in effect on the date of the discontinuance of the district to which Ramsey Soil 
29.27 	and Water Conservation District is a party remain in force and effect for the period provided 
29.28 	in the contracts. The Ramsey County Board of Commissioners shall be substituted for the 
30.1 	Ramsey Soil and Water Conservation District as party to the contracts and succeed to the 
30.2 	district's rights and duties.
30.3 		Subd. 3.Transfer of assets. The Ramsey Soil and Water Conservation District Board 
30.4 	of Supervisors shall transfer the assets of the district to the Ramsey County Board of 
30.5 	Commissioners. The Ramsey County Board of Commissioners shall use the transferred 
30.6 	assets for the purposes of implementing the transferred duties and authorities.
30.7 		Subd. 4.Reestablishment. The Ramsey County Board of Commissioners may petition 
30.8 	the Minnesota Board of Water and Soil Resources to reestablish the Ramsey Soil and Water 
30.9 	Conservation District. Alternatively, the Minnesota Board of Water and Soil Resources 
30.10 	under its authority in section 103C.201, and after giving notice of corrective actions and 
30.11 	time to implement the corrective actions, may reestablish the Ramsey Soil and Water 
30.12 	Conservation District if it determines the goals established in section 103C.005 are not 
30.13 	being achieved. The Minnesota Board of Water and Soil Resources may reestablish the 
30.14 	Ramsey Soil and Water Conservation District under this subdivision without a referendum.

30.15 	Sec. 52. Minnesota Statutes 2016, section 473.8441, subdivision 4, is amended to read:
30.16 		Subd. 4.Grant conditions. The commissioner shall administer grants so that the 
30.17 	following conditions are met:
30.18 	(a) A county must apply for a grant in the manner determined by the commissioner. The 
30.19 	application must describe the activities for which the grant will be used.
30.20 	(b) The activities funded must be consistent with the metropolitan policy plan and the 
30.21 	county master plan.
30.22 	(c) A grant must be matched by equal county local expenditures for the activities for 
30.23 	which the grant is made. A local expenditure may include, but is not limited to, an 
30.24 	expenditure by a local unit of government, tribal government, or private sector or nonprofit 
30.25 	organization.
30.26 	(d) All grant funds must be used for new activities or to enhance or increase the 
30.27 	effectiveness of existing activities in the county. Grant funds shall not be used for research 
30.28 	or development of a product that would be patented, copyrighted, or a subject of trade 
30.29 	secrets.
30.30 	(e) Counties shall provide support to maintain effective municipal recycling where it is 
30.31 	already established.

31.1 	Sec. 53. ADDITIONS TO STATE PARKS.
 31.2 		Subdivision 1.[85.012] [Subd. 21.] Frontenac State Park, Goodhue County. The 
31.3 	following area is added to Frontenac State Park, Goodhue County:
31.4 	That part of the Northeast Quarter of Section 10, that part of the Southeast Quarter of 
31.5 	Section 10, that part of the Northwest Quarter of Section 11, and that part of the Southwest 
31.6 	Quarter of Section 11, all in Township 112 North, Range 13 West, Goodhue County, 
31.7 	Minnesota, described as follows:
31.8 	Commencing at the east quarter corner of said Section 10; thence on an assumed bearing 
31.9 	South 00 degrees 25 minutes 27 seconds East, along the east line of the Southeast Quarter 
31.10 	of said Section 10, a distance of 1,654.63 feet; thence South 89 degrees 34 minutes 33 
31.11 	seconds West, a distance of 2,219.43 feet to the point of beginning of the land to be described; 
31.12 	thence North 19 degrees 04 minutes 33 seconds East, a distance of 3,905.90 feet to the 
31.13 	centerline of Hill Avenue; thence southeasterly, along said centerline, to the northwesterly 
31.14 	right-of-way boundary of County Road Number 2, as designated on Goodhue County 
31.15 	Highway Right-Of-Way Plat No. 25, as recorded in the Goodhue County Recorder's Office; 
31.16 	thence southwesterly along said northwesterly right-of-way boundary and along the 
31.17 	northwesterly right-of-way boundary of County Road Number 2, as designated in Goodhue 
31.18 	County Highway Right-Of-Way Plat No. 24, and along the northwesterly right-of-way 
31.19 	boundary of County Road Number 2, as designated in Goodhue County Highway 
31.20 	Right-of-Way Plat No. 23, to the intersection with a line bearing South 76 degrees 25 minutes 
31.21 	27 seconds East from the point of beginning; thence North 76 degrees 25 minutes 27 seconds 
31.22 	West, a distance of 907.89 feet to the point of beginning.
31.23 	EXCEPT that part lying within the boundaries of the following described parcel:
31.24 	That part of the Southeast Quarter of Section 10, Township 112 North, Range 13 West, 
31.25 	and that part of the Southwest Quarter of Section 11, Township 112 North, Range 13 West, 
31.26 	Goodhue County, Minnesota, described as follows:
31.27 	Commencing at the northeast corner of the Southeast Quarter of said Section 10; thence 
31.28 	southerly on an assumed azimuth from North of 179 degrees 34 minutes 33 seconds, along 
31.29 	the east line of the Southeast Quarter of said Section 10, a distance of 1,100.31 feet; thence 
31.30 	westerly 269 degrees 34 minutes 33 seconds azimuth, a distance of 80.53 feet to the point 
31.31 	of beginning of the land to be described; thence northerly 340 degrees 42 minutes 19 seconds 
31.32 	azimuth, a distance of 300.00 feet; thence easterly 100 degrees 22 minutes 46 seconds 
31.33 	azimuth, a distance of 286.97 feet to the centerline of County Road Number 2, as now 
31.34 	located and established; thence southerly and southwesterly, along said centerline, to the 
32.1 	intersection with a line drawn southerly 160 degrees 42 minutes 19 seconds azimuth from 
32.2 	the point of beginning; thence northerly 340 degrees 42 minutes 19 seconds azimuth, a 
32.3 	distance of 51.66 feet to the point of beginning.
32.4 	EXCEPT that part lying within the boundaries of the following described parcel:
32.5 	That part of the Southeast Quarter of Section 10, Township 112, Range 13, Goodhue 
32.6 	County, Minnesota, described as follows:
32.7 	Commencing at the northeast corner of said Southeast Quarter; thence southerly, on an 
32.8 	assumed azimuth from North of 179 degrees 34 minutes 33 seconds, along the east line of 
32.9 	said Southeast Quarter; a distance of 1,491.88 feet; thence westerly 269 degrees 34 minutes 
32.10 	33 seconds azimuth, a distance of 870.79 feet to an iron pipe on the centerline of County 
32.11 	Road Number 2, as now located and established, being the point of beginning of the land 
32.12 	to be described; thence northerly 24 degrees 07 minutes 23 seconds azimuth, a distance of 
32.13 	132.28 feet to an iron pipe; thence northwesterly 301 degrees 14 minutes 43 seconds azimuth, 
32.14 	a distance of 524.46 feet to an iron pipe; thence southerly 180 degrees 51 minutes 58 seconds 
32.15 	azimuth a distance of 342.82 feet to an iron pipe; thence southeasterly 118 degrees 29 
32.16 	minutes 28 seconds azimuth, a distance of 273.01 feet to an iron pipe on the centerline of 
32.17 	said County Road Number 2, as now located and established; thence northeasterly along 
32.18 	said centerline to the point of beginning.
32.19 	EXCEPT that part described as follows:
32.20 	That part of the Southeast Quarter of Section 10, Township 112 North, Range 13 West, 
32.21 	Goodhue County, Minnesota, described as follows:
32.22 	Commencing at the northeast corner of said Southeast Quarter of Section 10; thence 
32.23 	southerly, on an assumed azimuth from North of 179 degrees 34 minutes 33 seconds, along 
32.24 	the east line of said Southeast Quarter of Section 10, a distance of 1,100.31 feet; thence 
32.25 	westerly 269 degrees 34 minutes 33 seconds azimuth, a distance of 80.53 feet to the point 
32.26 	of beginning of the land to be described; thence northerly 340 degrees 42 minutes 19 seconds 
32.27 	azimuth, a distance of 300.00 feet; thence westerly 250 degrees 42 minutes 19 seconds 
32.28 	azimuth, a distance of 300.00 feet; thence southerly 160 degrees 42 minutes 19 seconds 
32.29 	azimuth, a distance of 384.25 feet, to the northwesterly right-of-way boundary of County 
32.30 	Road Number 2, as designated in Goodhue County Highway Right-of-Way Plat No. 23, as 
32.31 	recorded in the Goodhue County Recorder's Office; thence northeasterly, along said 
32.32 	northwesterly right-of-way boundary, to the intersection with a line drawn southerly 160 
32.33 	degrees 42 minutes 19 seconds azimuth from the point of beginning; thence northerly 340 
32.34 	degrees 42 minutes 19 seconds azimuth, a distance of 10.01 feet to the point of beginning.
33.1 		Subd. 2.[85.012] [Subd. 21.] Frontenac State Park, Goodhue County. The following 
33.2 	areas are added to the Frontenac State Park, Goodhue County:
33.3 	(1) all that part of Sections 31 and 32, Township 113 North, Range 13 West, in the 
33.4 	County of Goodhue and State of Minnesota, described as follows:
33.5 	All of Block 7, Wacouta Beach, in said Section 32 lying on the south side of and adjoining 
33.6 	Lake View Drive and adjoining the south and west lines of said Section 32. Also that part 
33.7 	of said Section 31 described as follows:
33.8 	Beginning at the southeast corner of said Section 31; thence run North along the east 
33.9 	line of said Section 31 a distance of 961.0 feet more or less to the southerly right-of-way 
33.10 	line of Lake View Drive; thence run North 61 degrees 30 minutes West along the southerly 
33.11 	right-of-way of Lake View Drive a distance of 170.0 feet; thence run South 34 degrees West 
33.12 	320.0 feet; thence run North 77 degrees East 125.0 feet; thence run South 13 degrees West 
33.13 	610.0 feet; thence run South 76 degrees West 600.0 feet; thence run South 88 degrees 30 
33.14 	minutes West 1,100.0 feet; thence run North 54 degrees 45 minutes West 1,140.0 feet; 
33.15 	thence run North 37 degrees 15 minutes West 400.0 feet; thence run North 72 degrees West 
33.16 	1,000.0 feet; thence run South 89 degrees 45 minutes West 200.0 feet; thence run North 70 
33.17 	degrees 45 minutes West 250.0 feet to a point on or near the east right-of-way line of public 
33.18 	road; thence run South 15 degrees 45 minutes West 720.0 feet along or near said east 
33.19 	right-of-way line of public road to a point at or near the northerly right-of-way line of State 
33.20 	Trunk Highway 61; thence run easterly along said northerly right-of-way line of State Trunk 
33.21 	Highway 61 a distance of 2,050.0 feet more or less to the south line of said Section 31; 
33.22 	thence run East 2,925.0 feet more or less along said south line of Section 31 to the point of 
33.23 	beginning;
33.24 	(2) the West Half of the Northeast Quarter of Section 6, Township 112 North, Range 
33.25 	13 West, EXCEPT THE FOLLOWING:
33.26 	All that part of the West Half of the Northeast Quarter of Section 6, Township 112 North, 
33.27 	Range 13 West, in Goodhue County and State of Minnesota, described as follows:
33.28 	Beginning at the center of said Section 6; thence North 1,970 feet to the centerline of 
33.29 	State Trunk Highway 61; thence southeasterly along the centerline of said highway for 335 
33.30 	feet; thence North 66 degrees 31 minutes East 380 feet; thence deflect to the left on a six 
33.31 	degree curve for 570 feet to the south line of Borrow Pit No. 225; (Borrow Pit No. 225 
33.32 	being described in that certain Notice of Lis Pendens dated May 19, 1952, and recorded 
33.33 	May 20, 1952, in Book 115 of Mortgages, page 77); thence East 430 feet to the east line of 
33.34 	the West Half of said Northeast Quarter; thence South 2,250 feet to the southeast corner of 
34.1 	said West Half of the Northeast Quarter; thence West 1,320 feet to the place of beginning. 
34.2 	EXCEPTING from the above all rights-of-way of state highway and excepting the 
34.3 	right-of-way of the railroad company.
34.4 	ALSO an easement for right-of way purposes on a strip of land 50 feet in width adjoining 
34.5 	and northwesterly of the northwesterly line of the above conveyed tract;
34.6 	(3) that part of the Northwest Quarter of Section 6, Township 112 North, Range 13 West, 
34.7 	Goodhue County, Minnesota, lying northeasterly of the northeasterly right-of-way line of 
34.8 	the Canadian Pacific Railroad (formerly the Chicago, Milwaukee and St. Paul Railway Co.); 
34.9 	and
34.10 	(4) Block 8 and Block 9, Wacouta Beach, according to the plat thereof, on file and of 
34.11 	record in the Goodhue County Recorder's Office.
34.12 		Subd. 3.[85.012] [Subd. 43.] Minneopa State Park, Blue Earth County. The following 
34.13 	area is added to Minneopa State Park, Blue Earth County: the East Half of Government Lot 
34.14 	5, Section 2, Township 108 North, Range 28 West, together with an easement 33 feet in 
34.15 	width for access to said property, as now located, extending from the southwest corner of 
34.16 	the East Half of Government Lot 5 in said Section 2, Township 108, Range 28, to Minnesota 
34.17 	Highway 68.
34.18 		Subd. 4.[85.012] [Subd. 49.] St. Croix State Park, Pine County. The following area 
34.19 	is added to the St. Croix State Park, Pine County: the Northwest Quarter of the Northwest 
34.20 	Quarter, Section 30, Township 41 North, Range 17 West.

34.21 	Sec. 54. DELETION FROM STATE PARK.
 34.22 	[85.012] [Subd. 49.] St. Croix State Park, Pine County. The following area is deleted 
34.23 	from St. Croix State Park, Pine County: all that part of the Southeast Quarter of the Southeast 
34.24 	Quarter, Section 21, and that part of the Southwest Quarter of the Southwest Quarter, Section 
34.25 	22, Township 41 North, Range 18 West, bounded by the following described lines: beginning 
34.26 	at the southeast corner of Section 21; thence West 1,025 feet along the south section line; 
34.27 	thence North 515 feet; thence East 350 feet; thence northeasterly 1,070 feet to a point on 
34.28 	the centerline of County State-Aid Highway 22 a distance of 1,130 feet northerly of the 
34.29 	southeast corner of Section 21 as measured along said County State-Aid Highway 22; thence 
34.30 	southerly 1,130 feet along the centerline of County State-Aid Highway 22 to the point of 
34.31 	beginning.

35.1 	Sec. 55. ADDITIONS TO STATE FORESTS.
 35.2 		Subdivision 1.[89.021] [Subd. 2.] Badoura State Forest. The following areas are added 
35.3 	to Badoura State Forest, Hubbard County:
35.4 	(1) the Southwest Quarter, Section 35, Township 140 North, Range 32 West;
35.5 	(2) the Northeast Quarter of the Northeast Quarter and the Northwest Quarter of the 
35.6 	Northeast Quarter, Section 11, Township 139 North, Range 33 West;
35.7 	(3) the South Half of the Northeast Quarter, the West Half, and the Southeast Quarter, 
35.8 	Section 26, Township 140 North, Range 33 West; and
35.9 	(4) the North Half, Section 26, Township 139 North, Range 33 West.
35.10 		Subd. 2.[89.021] [Subd. 48a.] Snake River State Forest. The following areas are 
35.11 	added to Snake River State Forest, Kanabec County:
35.12 	(1) the Northwest Quarter and the Southwest Quarter of the Northeast Quarter, Section 
35.13 	8, Township 42 North, Range 22 West;
35.14 	(2) Section 17, Township 42 North, Range 22 West;
35.15 	(3) Section 20, Township 42 North, Range 22 West;
35.16 	(4) the West Half of the Northwest Quarter and the West Half of the Southwest Quarter, 
35.17 	Section 21, Township 42 North, Range 22 West;
35.18 	(5) the Northeast Quarter and the East Half of the Southeast Quarter, Section 8, Township 
35.19 	42 North, Range 23 West;
35.20 	(6) Section 9, Township 42 North, Range 23 West;
35.21 	(7) the Southwest Half of the Southwest Quarter, Section 10, Township 42 North, Range 
35.22 	23 West;
35.23 	(8) the Northwest Quarter, the North Half of the Southwest Quarter, and the Southwest 
35.24 	Quarter of the Southwest Quarter, Section 15, Township 42 North, Range 23 West;
35.25 	(9) Section 16, Township 42 North, Range 23 West;
35.26 	(10) the Northeast Quarter and the East Half of the Northwest Quarter, Section 17, 
35.27 	Township 42 North, Range 23 West; and
35.28 	(11) Section 23, Township 42 North, Range 23 West.

36.1 	Sec. 56. TEMPORARY ENFORCEMENT OF GROUNDWATER APPROPRIATION 
36.2 	PERMIT REQUIREMENTS.
 36.3 	(a) Until July 1, 2019, the commissioner of natural resources must not expend funds to 
36.4 	suspend or revoke a water appropriation permit, issue an order requiring a violation to be 
36.5 	corrected, assess monetary penalties, or otherwise take enforcement action against a water 
36.6 	appropriation permit holder if the suspension, revocation, order, penalty, or other enforcement 
36.7 	action is based solely on a violation of a permit requirement added as a result of a court 
36.8 	order issued in 2017.
36.9 	(b) The commissioner of natural resources may continue to use all the authorities granted 
36.10 	to the commissioner under Minnesota Statutes, section 103G.287, to manage groundwater 
36.11 	resources within the north and east groundwater management area.

36.12 	Sec. 57. GROUNDWATER MANAGEMENT AREA PERMIT REQUIREMENTS.
 36.13 	(a) Notwithstanding water appropriation permit requirements added by the commissioner 
36.14 	of natural resources as a result of a court order issued in 2017, a public water supplier located 
36.15 	in the seven-county metropolitan area within a designated groundwater management area:
36.16 	(1) is not required to revise a water supply plan to include contingency plans to fully or 
36.17 	partially convert its water supplies to surface water;
36.18 	(2) may prepare, enact, and enforce commercial or residential irrigation bans or alternative 
36.19 	measures that achieve similar water use reductions when notified by the commissioner of 
36.20 	natural resources that lake levels have fallen below court-ordered levels; and
36.21 	(3) is not required to use per capita residential water use as a measure for purposes of 
36.22 	water use reduction goals, plans, and implementation and may submit water use plans and 
36.23 	reports that use a measure other than per capita residential water use.
36.24 	(b) This section expires July 1, 2019.

36.25 	Sec. 58. VOLKSWAGEN SETTLEMENT; LIMITATION ON ADMINISTRATIVE 
36.26 	EXPENSES; PROHIBITION ON HIRING.
 36.27 		Subdivision 1.Definition. For purposes of this section, "settlement money" means 
36.28 	money awarded to the state under the Environmental Mitigation Trust Agreement for State 
36.29 	Beneficiaries described in Attachment A to the United States' Notice of Filing of Trust 
36.30 	Agreements in the case of United States v. Volkswagen AG et al., Case No. 16-cv-295 
36.31 	(N.D. Cal.).
37.1 		Subd. 2.Limitation on administrative expenses. The commissioner of the Pollution 
37.2 	Control Agency must use no more than three percent of any settlement money for 
37.3 	administering grant programs, delivering technical services, providing fiscal oversight, and 
37.4 	ensuring accountability.
37.5 		Subd. 3.Prohibition on hiring. The commissioner of the Pollution Control Agency 
37.6 	must not hire additional staff using settlement money or to administer settlement money.

37.7 	Sec. 59. RULEMAKING; DISPOSAL FACILITY CERTIFICATES.
 37.8 	(a) The commissioner of the Pollution Control Agency must amend Minnesota Rules, 
37.9 	part 7048.1000, subpart 4, item D, to require six contact hours of required training to renew 
37.10 	a type IV disposal facility certificate, by April 30, 2019, or nine months after enactment of 
37.11 	this section, whichever is earlier.
37.12 	(b) The commissioner may use the good cause exemption under Minnesota Statutes, 
37.13 	section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota 
37.14 	Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, 
37.15 	section 14.388.

37.16 	Sec. 60. APPLICATION OF STORM WATER RULES TO TOWNSHIPS.
 37.17 	Until the Pollution Control Agency amends rules for storm water, Minnesota Rules, part 
37.18 	7090.1010, subpart 1, item B, subitem (1), only applies to the portions of the city or township 
37.19 	that are designated as urbanized under Code of Federal Regulations, title 40, section 
37.20 	122.26(a)(9)(i)(A) and other platted areas within that jurisdiction.

37.21 	Sec. 61.  REPEALER.
 37.22 	Laws 2008, chapter 368, article 1, section 21, subdivision 2, is repealed.

37.23 	ARTICLE 2
37.24 	ACCELERATED BUFFER STRIP IMPLEMENTATION

37.25 	Section 1. Minnesota Statutes 2016, section 17.117, subdivision 1, is amended to read:
37.26 		Subdivision 1.Purpose. The purpose of the agriculture best management practices loan 
37.27 	program is to provide low or no interest financing to farmers, agriculture supply businesses, 
37.28 	rural landowners, and water-quality cooperatives approved environmental service providers
37.29 	for the implementation of agriculture and other best management practices that reduce 
37.30 	environmental pollution.

38.1 	Sec. 2. Minnesota Statutes 2016, section 17.117, subdivision 4, is amended to read:
38.2 		Subd. 4.Definitions. (a) For the purposes of this section, the terms defined in this 
38.3 	subdivision have the meanings given them.
38.4 	(b) "Agricultural and environmental revolving accounts" means accounts in the 
38.5 	agricultural fund, controlled by the commissioner, which hold funds available to the program.
38.6 	(c) "Agriculture supply business" means a person, partnership, joint venture, corporation, 
38.7 	limited liability company, association, firm, public service company, or cooperative that 
38.8 	provides materials, equipment, or services to farmers or agriculture-related enterprises.
38.9 	(d) "Allocation" means the funds awarded to an applicant for implementation of best 
38.10 	management practices through a competitive or noncompetitive application process.
38.11 	(e) "Applicant" means a local unit of government eligible to participate in this program 
38.12 	that requests an allocation of funds as provided in subdivision 6b.
38.13 	(f) "Best management practices" has the meaning given in sections 103F.711, subdivision 
38.14 	3, and 103H.151, subdivision 2. Best management practices also means other practices, 
38.15 	techniques, and measures that have been demonstrated to the satisfaction of the 
38.16 	commissioner: (1) to prevent or reduce adverse environmental impacts by using the most 
38.17 	effective and practicable means of achieving environmental goals; or (2) to achieve drinking 
38.18 	water quality standards under chapter 103H or under Code of Federal Regulations, title 40, 
38.19 	parts 141 and 143, as amended.
38.20 	(g) "Borrower" means a farmer, an agriculture supply business, or a rurala landowner, 
38.21 	or an approved environmental service provider applying for a low-interest loan.
38.22 	(h) "Commissioner" means the commissioner of agriculture, including when the 
38.23 	commissioner is acting in the capacity of chair of the Rural Finance Authority, or the designee 
38.24 	of the commissioner.
38.25 	(i) "Committed project" means an eligible project scheduled to be implemented at a 
38.26 	future date:
38.27 	(1) that has been approved and certified by the local government unit; and
38.28 	(2) for which a local lender has obligated itself to offer a loan.
38.29 	(j) "Comprehensive water management plan" means a state-approved and locally adopted 
38.30 	plan authorized under section 103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or 
38.31 	103D.405.
39.1 	(k) "Cost incurred" means expenses for implementation of a project accrued because 
39.2 	the borrower has agreed to purchase equipment or is obligated to pay for services or materials 
39.3 	already provided as a result of implementing an approved eligible project.
39.4 	(l) "Environmental service providers" means public or private organizations and 
39.5 	businesses approved by the commissioner that provide services or materials for 
39.6 	implementation of eligible best management practices for, or on behalf of, eligible individuals 
39.7 	or multiple individuals, including but not limited to drainage authorities, watershed districts, 
39.8 	municipalities, counties, water-quality cooperatives, or private businesses providing 
39.9 	environment-related services or materials, except as expressly limited in this section.
39.10 	(l) (m) "Farmer" means a person, partnership, joint venture, corporation, limited liability 
39.11 	company, association, firm, public service company, or cooperative that regularly participates 
39.12 	in physical labor or operations management of farming and files a Schedule F as part of 
39.13 	filing United States Internal Revenue Service Form 1040 or indicates farming as the primary 
39.14 	business activity under Schedule C, K, or S, or any other applicable report to the United 
39.15 	States Internal Revenue Service.
39.16 	(n) "Landowner" means the owner of record of Minnesota real estate on which the project 
39.17 	is located.
39.18 	(m) (o) "Lender agreement" means an agreement entered into between the commissioner 
39.19 	and a local lender which contains terms and conditions of participation in the program.
39.20 	(n) (p) "Local government unit" means a county, soil and water conservation district, or 
39.21 	an organization formed for the joint exercise of powers under section 471.59 with the 
39.22 	authority to participate in the program.
39.23 	(o) (q) "Local lender" means a local government unit as defined in paragraph (n) (p), a 
39.24 	local municipality or county with taxing or special assessment authority, a watershed district, 
39.25 	a drainage authority, a township, a state or federally chartered bank, a savings association, 
39.26 	a state or federal credit union, Agribank and its affiliated organizations, or a nonprofit 
39.27 	economic development organization or other financial lending institution approved by the 
39.28 	commissioner.
39.29 	(p) (r) "Local revolving loan account" means the account held by a local government 
39.30 	unit and a local lender into which principal repayments from borrowers are deposited and 
39.31 	new loans are issued in accordance with the requirements of the program and lender 
39.32 	agreements.
39.33 	(q) (s) "Nonpoint source" has the meaning given in section 103F.711, subdivision 6.
40.1 	(r) (t) "Program" means the agriculture best management practices loan program in this 
40.2 	section.
40.3 	(s) (u) "Project" means one or more components or activities located within Minnesota 
40.4 	that are required by the local government unit to be implemented for satisfactory completion 
40.5 	of an eligible best management practice.
40.6 	(t) "Rural landowner" means the owner of record of Minnesota real estate located in an 
40.7 	area determined by the local government unit to be rural after consideration of local land 
40.8 	use patterns, zoning regulations, jurisdictional boundaries, local community definitions, 
40.9 	historical uses, and other pertinent local factors.
40.10 	(u) "Water-quality cooperative" has the meaning given in section 115.58, paragraph (d), 
40.11 	except as expressly limited in this section.

40.12 	Sec. 3. Minnesota Statutes 2016, section 17.117, subdivision 11, is amended to read:
40.13 		Subd. 11.Loans issued to borrower. (a) Local lenders may issue loans only for projects 
40.14 	that are approved and certified by the local government unit as meeting priority needs 
40.15 	identified in a comprehensive water management plan or other local planning documents, 
40.16 	are in compliance with accepted practices, standards, specifications, or criteria, and are 
40.17 	eligible for financing under Environmental Protection Agency or other applicable guidelines.
40.18 	(b) The local lender may use any additional criteria considered necessary to determine 
40.19 	the eligibility of borrowers for loans.
40.20 	(c) Local lenders shall set the terms and conditions of loans to borrowers, except that:
40.21 	(1) no loan to a borrower may exceed $200,000;
40.22 	(2) no loan for a project may exceed $200,000; and
40.23 	(3) no borrower shall, at any time, have multiple loans from this program with a total 
40.24 	outstanding loan balance of more than $200,000.
40.25 	(d) The maximum term length for projects in this paragraph is ten years.
40.26 	(e) Fees charged at the time of closing must:
40.27 	(1) be in compliance with normal and customary practices of the local lender;
40.28 	(2) be in accordance with published fee schedules issued by the local lender;
40.29 	(3) not be based on participation program; and
41.1 	(4) be consistent with fees charged other similar types of loans offered by the local 
41.2 	lender.
41.3 	(f) The interest rate assessed to an outstanding loan balance by the local lender must not 
41.4 	exceed three percent per year.
41.5 	(g) Environmental service providers may request loans to finance projects implemented 
41.6 	on behalf of multiple eligible individuals in excess of the limits in paragraph (c), not to 
41.7 	exceed the total of the number of represented landowners multiplied by the limit in paragraph 
41.8 	(c), clause (1).

41.9 	Sec. 4. Minnesota Statutes 2016, section 103E.021, subdivision 6, is amended to read:
41.10 		Subd. 6.Incremental implementation establishment of vegetated ditch buffer strips 
41.11 	and side inlet controls. (a) Notwithstanding other provisions of this chapter requiring 
41.12 	appointment of viewers and redetermination of benefits and damages, a drainage authority 
41.13 	may implement make findings and order the establishment of permanent buffer strips of 
41.14 	perennial vegetation approved by the drainage authority or side inlet controls, or both, 
41.15 	adjacent to a public drainage ditch, where necessary to control erosion and sedimentation, 
41.16 	improve water quality, or maintain the efficiency of the drainage system. The drainage 
41.17 	authority's finding that the establishment of permanent buffer strips of perennial vegetation 
41.18 	or side inlet controls is necessary to control erosion and sedimentation, improve water 
41.19 	quality, or maintain the efficiency of the drainage system is sufficient to confer jurisdiction 
41.20 	under this subdivision. Preference should be given to planting native species of a local 
41.21 	ecotype. The approved perennial vegetation shall not impede future maintenance of the 
41.22 	ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width measured 
41.23 	outward from the top edge of the existing constructed channel. Drainage system rights-of-way 
41.24 	for the acreage and additional property required for the permanent strips must be acquired 
41.25 	by the authority having jurisdiction.
41.26 	(b) A project under this subdivision shall be implemented as a repair according to section 
41.27 	103E.705, except that the drainage authority may appoint an engineer to examine the drainage 
41.28 	system and prepare an engineer's repair report for the project.
41.29 	(c) Damages shall be determined by the drainage authority, or viewers, appointed by 
41.30 	the drainage authority, according to section 103E.315, subdivision 8. A damages statement 
41.31 	shall be prepared, including an explanation of how the damages were determined for each 
41.32 	property affected by the project, and filed with the auditor or watershed district. Within 30 
41.33 	days after the damages statement is filed, the auditor or watershed district shall prepare 
41.34 	property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2), (6), 
42.1 	(7), and (8), and mail a copy of the property owner's report and damages statement to each 
42.2 	owner of property affected by the proposed project.
42.3 	(d) After a damages statement is filed, the drainage authority shall set a time, by order, 
42.4 	not more than 30 days after the date of the order, for a hearing on the project. At least ten 
42.5 	days before the hearing, the auditor or watershed district shall give notice by mail of the 
42.6 	time and location of the hearing to the owners of property and political subdivisions likely 
42.7 	to be affected by the project.
42.8 	(e) The drainage authority shall make findings and order the repairs to be made if the 
42.9 	drainage authority determines from the evidence presented at the hearing and by the viewers 
42.10 	and engineer, if appointed, that the repairs are necessary for the drainage system and the 
42.11 	costs of the repairs are within the limitations of section 103E.705.

42.12 	Sec. 5. Minnesota Statutes 2016, section 103E.071, is amended to read:
42.13 	103E.071 COUNTY ATTORNEY.
42.14 	The county attorney shall represent the county in all drainage proceedings and related 
42.15 	matters without special compensation, except as provided in section 388.09, subdivision 1. 
42.16 	A county attorney, the county attorney's assistant, or any attorney associated with the county 
42.17 	attorney in business, may not otherwise appear in any drainage proceeding for any interested 
42.18 	person.

42.19 	Sec. 6. Minnesota Statutes 2016, section 103E.351, subdivision 1, is amended to read:
42.20 		Subdivision 1.Conditions to redetermine benefits and damages; appointment of 
42.21 	viewers. If the drainage authority determines that the original benefits or damages of record 
42.22 	determined in a drainage proceeding do not reflect reasonable present day land values or 
42.23 	that the benefited or damaged areas have changed, or if more than 50 26 percent of the 
42.24 	owners of property, or owners of 26 percent of the property, benefited or damaged by a 
42.25 	drainage system petition for correction of an error that was made at the time of the 
42.26 	proceedings that established the drainage system a redetermination of benefits and damages, 
42.27 	the drainage authority may appoint three viewers to redetermine and report the benefits and 
42.28 	damages and the benefited and damaged areas.

42.29 	Sec. 7. PUBLIC DRAINAGE DITCH BUFFER STRIP; PLANTING AND 
42.30 	MAINTENANCE.
 42.31 	With the consent of the property owner where the drainage ditch buffer will be located, 
42.32 	a drainage authority, as defined in Minnesota Statutes, section 103E.005, subdivision 9, 
43.1 	may plant and maintain 16-1/2-foot ditch buffer strips that meet the width and vegetation 
43.2 	requirements of Minnesota Statutes, section 103E.021, before acquiring and compensating 
43.3 	for the buffer strip land rights according to Minnesota Statutes, chapter 103E. Planting and 
43.4 	maintenance costs may be paid in accordance with Minnesota Statutes, chapter 103E. This 
43.5 	section expires June 30, 2019.

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

43.7 	ARTICLE 3
43.8 	RUNOFF AND SEDIMENT DELIVERY OPTION

43.9 	Section 1. Minnesota Statutes 2016, section 103E.005, is amended by adding a subdivision 
43.10 	to read:
43.11 		Subd. 27a.Relative runoff. "Relative runoff" includes the surface and subsurface runoff 
43.12 	potential from a specific property compared on an equitable basis to all other properties 
43.13 	contributing runoff to the drainage system.

43.14 	Sec. 2. Minnesota Statutes 2016, section 103E.005, is amended by adding a subdivision 
43.15 	to read:
43.16 		Subd. 27b.Relative sediment delivery. "Relative sediment delivery" means the sediment 
43.17 	delivery potential from a specific property compared on an equitable basis to all other 
43.18 	properties contributing runoff to the drainage system.

43.19 	Sec. 3. Minnesota Statutes 2016, section 103E.095, is amended to read:
43.20 	103E.095 APPEAL FROM ORDERS OF AN ORDER DISMISSING OR 
43.21 	ESTABLISHING A DRAINAGE SYSTEMS PROJECT, OR OF A REPAIR COST 
43.22 	APPORTIONMENT REPORT.
43.23 		Subdivision 1.Notice of appeal. A party may appeal an order made by the board that 
43.24 	dismisses drainage project proceedings or, establishes or refuses to establish a drainage 
43.25 	project, or approves a repair cost apportionment report to the district court of the county 
43.26 	where the drainage proceedings or drainage system repair are pending. The appellant must 
43.27 	serve notice of the appeal to the auditor or secretary within 30 days after the order is filed. 
43.28 	After notice of the appeal is served, the appeal may be brought to trial by the appellant or 
43.29 	the drainage authority after notifying the other party at least ten days before the trial date.
43.30 		Subd. 2.Trial. The appeal must be tried by the court without a jury. The court shall 
43.31 	examine the entire drainage proceeding and related matters and receive evidence to determine 
44.1 	whether the findings made by the board can be sustained. At the trial the findings made by 
44.2 	the board are prima facie evidence of the matters stated in the findings, and the board's order 
44.3 	is prima facie reasonable. If the court finds that the order appealed is lawful and reasonable, 
44.4 	it shall be affirmed. If the court finds that the order appealed is arbitrary, unlawful, or not 
44.5 	supported by the evidence, it shall make an order, justified by the court record, to take the 
44.6 	place of the appealed order or repair cost apportionment report, or remand the order or report 
44.7 	to the board for further proceedings. After the appeal has been determined by the court, the 
44.8 	board shall proceed in conformity with the court order.
44.9 		Subd. 3.Determination of benefits and damages after court order. If the order 
44.10 	establishing a drainage project is appealed, the trial of appeals related to benefits or damages 
44.11 	in the drainage proceeding must be stayed until the establishment appeal is determined. If 
44.12 	the order establishing the drainage project is affirmed, appeals related to benefits and damages 
44.13 	must then be tried.
44.14 		Subd. 4.Procedure if appeal order establishes drainage project. If an order refusing 
44.15 	to establish a drainage project is appealed, and the court, by order, establishes the drainage 
44.16 	project, the auditor shall give notice by publication of the filed order. The notice is sufficient 
44.17 	if it refers to the drainage project or system by number or other descriptive designation, 
44.18 	states the meaning of the order, and states the date the court order was filed. A person may 
44.19 	appeal the establishment order to the district court as provided in this section.
44.20 		Subd. 5.Appeal of appellate order. A party aggrieved by a final order or judgment 
44.21 	rendered on appeal to the district court may appeal as in other civil cases. The appeal must 
44.22 	be made and perfected within 30 days after the filing of the order or entry of judgment.

44.23 	Sec. 4. Minnesota Statutes 2016, section 103E.215, subdivision 5, is amended to read:
44.24 		Subd. 5.Subsequent proceedings. When a petition and the bond required by section 
44.25 	103E.202 are filed, the auditor shall present the petition to the board at its next meeting or, 
44.26 	for a joint county drainage system, to the joint county drainage authority within ten days 
44.27 	after the petition is filed. The drainage authority shall appoint an engineer to examine the 
44.28 	drainage system and make an improvement report. The improvement proceedings must be 
44.29 	conducted under this chapter as provided for the original proceedings for the establishment 
44.30 	of a drainage project. The benefits and damages determined must be as a result of the 
44.31 	proposed improvement. Assessments for the repair of the improvement must be based on 
44.32 	the benefits determined for the improvement.

45.1 	Sec. 5. Minnesota Statutes 2016, section 103E.401, subdivision 4, is amended to read:
45.2 		Subd. 4.Hearing. At the hearing the drainage authority shall consider the capacity of 
45.3 	the outlet drainage system. If express authority is given to use the drainage system as an 
45.4 	outlet, the drainage authority shall state, by order, the terms and conditions for use of the 
45.5 	established drainage system as an outlet and shall set the amount to be paid as an outlet fee. 
45.6 	The order must describe the property to be benefited by the drainage system and must state 
45.7 	the amount of benefits to the property for the outlet. The property benefited is liable for 
45.8 	repair assessments levied after that time in the drainage system, on the basis of the benefits 
45.9 	as if the benefits had been determined in the order establishing the drainage system in 
45.10 	accordance with section 103E.728.

45.11 	Sec. 6. Minnesota Statutes 2016, section 103E.411, subdivision 5, is amended to read:
45.12 		Subd. 5.Benefits and assessments if drainage system established. If the drainage 
45.13 	system is established, the drainage authority must determine the amount the municipality 
45.14 	must pay for the privilege of using the drainage system as an outlet. The amount must be 
45.15 	paid to the affected counties drainage authority and credited to the account of the drainage 
45.16 	system used as an outlet. The municipality is liable for all subsequent liens and assessments 
45.17 	for the repair and maintenance of the drainage system in proportion to the benefits, as though 
45.18 	the benefits were determined in the order establishing the drainage system accordance with 
45.19 	section 103E.728.

45.20 	Sec. 7. Minnesota Statutes 2016, section 103E.615, subdivision 1, is amended to read:
45.21 		Subdivision 1.Municipalities. Assessments filed for benefits to a municipality are a 
45.22 	liability of the municipality and are due and payable with interest in installments on 
45.23 	November 1 of each year as provided in section 103E.611. If the installments and interest 
45.24 	are not paid on or before November 1, the amount due with interest added as provided in 
45.25 	section 103E.611 must be extended by the county auditor against all property in the 
45.26 	municipality that is liable to taxation. A levy must be made and the amount due must be 
45.27 	paid and collected in the same manner and time as other taxes.

45.28 	Sec. 8. Minnesota Statutes 2016, section 103E.615, subdivision 2, is amended to read:
45.29 		Subd. 2.County or state-aid road. If a public road benefited assessed is a county or 
45.30 	state-aid road, the assessment filed is against the county and must be paid out of the road 
45.31 	and bridge fund of the county.

46.1 	Sec. 9. Minnesota Statutes 2016, section 103E.615, subdivision 3, is amended to read:
46.2 		Subd. 3.State trunk highway. An assessment against the state for benefits to trunk 
46.3 	highways is chargeable to and payable out of the trunk highway fund. The commissioner 
46.4 	of transportation shall pay assessments from the trunk highway fund after receipt of a 
46.5 	certified copy of the assessment against the state for benefits to a trunk highway.

46.6 	Sec. 10. Minnesota Statutes 2016, section 103E.615, subdivision 5, is amended to read:
46.7 		Subd. 5.State property. State property, including rural credit property, is assessable 
46.8 	for benefits received, or repair costs in accordance with section 103E.728. The assessment 
46.9 	must be paid by the state from funds appropriated and available for drainage assessments 
46.10 	after the state officer having jurisdiction over the assessed property certifies the assessment 
46.11 	to the commissioner of management and budget.

46.12 	Sec. 11. Minnesota Statutes 2016, section 103E.615, subdivision 7, is amended to read:
46.13 		Subd. 7.Railroad and utility property. Property owned by a railroad or other utility 
46.14 	corporation benefited by a drainage project is liable for the assessments of for benefits on 
46.15 	the property, and for repair costs apportioned in accordance with section 103E.728, as other 
46.16 	taxable property. From the date the drainage lien is recorded, the amount of the assessment 
46.17 	with interest is a lien against all property of the corporation within the county. Upon default 
46.18 	the assessment may be collected by civil action or the drainage lien may be foreclosed by 
46.19 	action in the same manner as provided by law for the foreclosure of mortgage liens. The 
46.20 	county where the drainage lien is filed has the right of action against the corporation to 
46.21 	enforce and collect the assessment.

46.22 	Sec. 12. Minnesota Statutes 2016, section 103E.711, subdivision 1, is amended to read:
46.23 		Subdivision 1.Repair cost statement. For a joint county drainage system the auditor 
46.24 	of a county that has made repairs may present a repair cost statement at the end of each 
46.25 	year, or other convenient period after completion, to each affected county. The repair cost 
46.26 	statement must show the nature and cost of the repairs to the drainage system and must be 
46.27 	based on the original apportionment of cost following the establishment of the drainage 
46.28 	system apportioned in accordance with section 103E.728. If a board approves the repair 
46.29 	costs, the amount of the statement must be paid to the county submitting the statement.

47.1 	Sec. 13. Minnesota Statutes 2016, section 103E.715, subdivision 4, is amended to read:
47.2 		Subd. 4.Hearing on repair report. (a) The drainage authority shall make findings and 
47.3 	order the repair to be made if:
47.4 	(1) the drainage authority determines from the repair report and the evidence presented 
47.5 	that the repairs recommended are necessary for the best interests of the affected property 
47.6 	owners; or
47.7 	(2) the repair petition is signed by the owners of at least 26 percent of the property area 
47.8 	affected by and assessed for the original construction benefits of the drainage system, and 
47.9 	the drainage authority determines that the drainage system is in need of repair so that it no 
47.10 	longer serves its original purpose and the cost of the repair will not exceed the total benefits 
47.11 	determined in the original drainage system proceeding of record for the drainage system.
47.12 	(b) The order must direct the auditor and the chair of the board or, for a joint county 
47.13 	drainage system, the auditors of the affected counties to proceed and prepare and award a 
47.14 	contract for the repair of the drainage system. The contract must be for the repair described 
47.15 	in the repair report and as determined necessary by the drainage authority, and be prepared 
47.16 	in the manner provided in this chapter for the original drainage system construction.

47.17 	Sec. 14. Minnesota Statutes 2016, section 103E.715, subdivision 5, is amended to read:
47.18 		Subd. 5.Apportionment of repair cost for joint county drainage system. For the 
47.19 	repair of a joint county drainage system, the drainage authority shall, by order, apportion 
47.20 	the repair cost among affected counties in the same manner required in the original 
47.21 	construction of the drainage system accordance with section 103E.728.

47.22 	Sec. 15. Minnesota Statutes 2016, section 103E.725, is amended to read:
47.23 	103E.725 COST OF REPAIR.
47.24 	All fees and costs incurred for proceedings relating to the repair of a drainage system, 
47.25 	including inspections, engineering, viewing, determination and administration of repair cost 
47.26 	apportionment, hearings, and publications, as applicable, are costs of the repair and must 
47.27 	be assessed against the property and entities benefited.

47.28 	Sec. 16. Minnesota Statutes 2016, section 103E.728, subdivision 1, is amended to read:
47.29 		Subdivision 1.Generally. Except as otherwise provided in this section, the cost of 
47.30 	repairing a drainage system shall be apportioned:
48.1 	(1) pro rata on all property and entities that have been assessed benefits for the drainage 
48.2 	system except as provided in this section based on an applicable confirmed viewers' report 
48.3 	of benefits and damages; or
48.4 	(2) on all property contributing runoff to the drainage system, based on relative runoff 
48.5 	and relative sediment delivery in an approved repair cost apportionment report, in accordance 
48.6 	with subdivision 1a.
48.7 	Repair costs apportioned using the method in clause (2) are charges for property contributing 
48.8 	runoff to the drainage system that shall be considered repair cost assessments in this chapter.

48.9 	Sec. 17. Minnesota Statutes 2016, section 103E.728, is amended by adding a subdivision 
48.10 	to read:
48.11 		Subd. 1a.Relative runoff and relative sediment delivery method for repair cost 
48.12 	apportionment. (a) When the drainage authority has determined that a drainage system 
48.13 	repair is necessary, the drainage authority may apportion costs for the repair of a drainage 
48.14 	system based on relative runoff and relative sediment delivery from any property, public 
48.15 	road, street, railway, or other utility contributing runoff to the drainage system as provided 
48.16 	in this subdivision. If this cost apportionment method is used, costs must be determined 
48.17 	prior to ordering the repair of all or any part of a drainage system as provided in section 
48.18 	103E.705, subdivision 3, or 103E.715, subdivision 4, or prior to levying a repair fund 
48.19 	assessment as provided in section 103E.735, subdivision 1.
48.20 	(b) The drainage authority shall appoint one or more persons qualified to use geographic 
48.21 	information system technology and applicable digital information, including but not limited 
48.22 	to conditioned topographic data, soils and land use data, and property, road, and utility 
48.23 	corridor identification data, together with appropriate on-site verification, to equitably 
48.24 	apportion repair costs.
48.25 	(c) The person or persons conducting the cost apportionment shall file a repair cost 
48.26 	apportionment report with the drainage authority explaining in nontechnical language the 
48.27 	method, data, and interpretations used, and the cost apportionment results. The report shall 
48.28 	present data and results in a format so that individual property owners, political subdivisions, 
48.29 	and utilities can clearly examine the information applicable to their property, public road, 
48.30 	street, railway, or other utility, including for each parcel having a separate property 
48.31 	identification number.
48.32 	(d) When a repair cost apportionment report is filed, the drainage authority, in consultation 
48.33 	with the auditor or secretary, shall set a time, by order, for a hearing on the report not more 
49.1 	than 30 days after the date of the order. At least 20 days before the hearing, the auditor or 
49.2 	secretary shall give notice by mail of the time and location of the hearing to the owners of 
49.3 	property, political subdivisions, and utilities proposed to be assessed in the report. The 
49.4 	notice of hearing must include a copy of the portion of the report explaining in nontechnical 
49.5 	language the method, data, and interpretations used, the cost apportionment results applicable 
49.6 	to the property owner, political subdivision, or utility receiving notice, and a statement of 
49.7 	the location where the entire repair cost apportionment report has been filed for public 
49.8 	inspection.
49.9 	(e) At the hearing, the drainage authority shall hear and consider the testimony presented 
49.10 	by all interested parties. At least one person responsible for preparing the repair cost 
49.11 	apportionment report shall be present at the initial hearing.
49.12 	(f) If the drainage authority determines that the apportionment of costs is not equitable, 
49.13 	the drainage authority may amend the repair cost apportionment report and shall make 
49.14 	necessary and proper findings and an order in relation to the report, or resubmit matters to 
49.15 	the preparer of the repair cost apportionment report for further consideration. If matters are 
49.16 	resubmitted, the hearing may be continued as necessary to make and hear an amended report. 
49.17 	The report preparer shall proceed promptly to reconsider resubmitted matters and shall make 
49.18 	and file an amended report. The drainage authority may replace the original report with the 
49.19 	amended report for apportionment of repair costs and make necessary and proper findings 
49.20 	and an order to approve the amended report. The jurisdiction of the drainage authority 
49.21 	continues in the property given proper notice, and new or additional notice is not required 
49.22 	for that property.
49.23 	(g) After consideration of the repair cost apportionment report, any amended report, and 
49.24 	all evidence presented, the drainage authority shall make findings, approve the report, and 
49.25 	apportion repair costs consistent with the values in the repair cost apportionment report if 
49.26 	it finds that the cost apportionment is equitable based on:
49.27 	(1) the weighting of relative runoff and relative sediment delivery is appropriate for the 
49.28 	type of repair;
49.29 	(2) the data inputs are reliable; and
49.30 	(3) the computation method is reliable.
49.31 	(h) The drainage authority may continue to apportion repair costs consistent with the 
49.32 	values in the repair cost apportionment report of record. After a repair cost apportionment 
49.33 	report has been approved under this subdivision, an owner of property, a political subdivision, 
49.34 	or a utility assessed in the repair cost apportionment report of record may request in writing 
50.1 	that the drainage authority update the report based on changed land use. The request shall 
50.2 	be filed with the auditor of the county where the property is located or the secretary. Prior 
50.3 	to the next approval by the drainage authority of a repair cost assessment for the drainage 
50.4 	system, the drainage authority shall determine if the repair cost apportionment report of 
50.5 	record reasonably reflects current land use, relative runoff, and relative sediment delivery. 
50.6 	If it does not, the drainage authority shall make findings and shall appoint one or more 
50.7 	persons to prepare and file an updated repair cost apportionment report for the drainage 
50.8 	system in accordance with paragraphs (c), (d), (e), (f), and (g).
50.9 	(i) Proper consideration must be given to property that is used for conservation that 
50.10 	prohibits development or land use change by ownership, deed restriction, or conservation 
50.11 	easement, or is enrolled in a program that prohibits agricultural crop production.
50.12 	(j) The owner of any property subject to cost apportionment listed in the adopted repair 
50.13 	cost apportionment report may appeal findings of the drainage authority under paragraph 
50.14 	(g) as provided in section 103E.095.

50.15 	Sec. 18. Minnesota Statutes 2016, section 103E.728, subdivision 2, is amended to read:
50.16 		Subd. 2.Additional assessment for agricultural practices on permanent strip of 
50.17 	perennial vegetation. (a) The drainage authority may, after notice and hearing, charge an 
50.18 	additional assessment on property that has agricultural practices on or otherwise violates 
50.19 	provisions related to the permanent strip of perennial vegetation acquired under section 
50.20 	103E.021.
50.21 	(b) The drainage authority may determine the cost of the repair per mile of open ditch 
50.22 	on the ditch system. Property that is in violation of the grass section 103E.021 perennial 
50.23 	buffer strip requirement shall be assessed a an additional cost of 20 percent of the repair 
50.24 	cost per open ditch mile multiplied by the length of open ditch in miles on the property in 
50.25 	violation.
50.26 	(c) After the amount of the additional assessment is determined and applied to the repair 
50.27 	cost, the balance of the repair cost may be apportioned pro rata as provided in subdivision 
50.28 	1.

50.29 	Sec. 19. Minnesota Statutes 2016, section 103E.731, subdivision 1, is amended to read:
50.30 		Subdivision 1.Repair cost of assessments. If there is not enough money in the drainage 
50.31 	system account to make a repair, the board shall assess the costs of the repairs on all property 
51.1 	and entities that have been assessed benefits for the drainage system in accordance with 
51.2 	section 103E.728.

51.3 	Sec. 20. Minnesota Statutes 2016, section 103E.731, subdivision 2, is amended to read:
51.4 		Subd. 2.Number of installments. The assessments may be paid in up to 15 annual 
51.5 	installments specified in the assessment order. If the assessments are not more than 50 
51.6 	percent of the original cost of the drainage system, the installments may not exceed ten. If 
51.7 	the assessments are greater than 50 percent of the original cost of the drainage system, the 
51.8 	board may order the assessments to be paid in 15 or less installments.

51.9 	Sec. 21. Minnesota Statutes 2016, section 103E.731, subdivision 6, is amended to read:
51.10 		Subd. 6.Repair of state drainage system when no benefits assessed. For the repair 
51.11 	of a drainage system established by the state where benefits were not assessed to the property, 
51.12 	the drainage authority shall proceed to appoint viewers to determine the benefits resulting 
51.13 	from the repair apportion repair costs in accordance with section 103E.728, and collect 
51.14 	assessments for the repair as provided in this chapter.

51.15 	Sec. 22. Minnesota Statutes 2016, section 103E.735, subdivision 1, is amended to read:
51.16 		Subdivision 1.Authority and limits of fund. To create or maintain a repair fund for a 
51.17 	drainage system to be used only for repairs, the drainage authority may apportion and assess 
51.18 	an amount against all property and entities assessed for benefits in proceedings for 
51.19 	establishment of the drainage system, including property not originally assessed and 
51.20 	subsequently found to be benefited according to law in accordance with section 103E.728. 
51.21 	The fund may not exceed 20 percent of the assessed benefits of the drainage system or 
51.22 	$100,000, whichever is greater. If the account in a fund for a drainage system exceeds the 
51.23 	larger of 20 percent of the assessed benefits of the drainage system or $100,000, assessments 
51.24 	for the fund may not be made until the account is less than the larger of 20 percent of the 
51.25 	assessed benefits or $100,000. Assessments must be made pro rata according to the 
51.26 	determined benefits. Assessments may be made payable, by order, in equal annual 
51.27 	installments. The auditor shall file a tabular statement as provided in section 103E.731, 
51.28 	subdivision 4, with the county recorder. Assessments must be collected as provided in 
51.29 	section 103E.731.

APPENDIX 

Repealed Minnesota Session Laws: S3141-1 

Laws 2008, chapter 368, article 1, section 21, subdivision 2
Sec. 21. DELETIONS FROM STATE PARKS. Subd. 2.[85.012][Subd. 30.] Jay Cooke State Park, Carlton County. 
Effective upon the commissioner of natural resources entering into an agreement with the commissioner of veterans affairs to transfer the property for use as a veterans cemetery, the following areas are deleted from Jay Cooke State Park: 

(a) the Northeast Quarter of the Southeast Quarter lying southerly of the railroad right-of-way, Section 21, Township 48 North, Range 16 West; 

(b) the Northwest Quarter of the Southwest Quarter lying southerly of the railroad right-of-way, Section 22, Township 48 North, Range 16 West; and 

(c) the East 2 rods of the Southwest Quarter of the Southwest Quarter, Section 22, Township 48 North, Range 16 West.