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; appropriating money for environment and natural resources purposes; 
1.5 	creating accounts; providing for disposition of certain receipts; requiring 
1.6 	rulemaking; requiring reports; amending Minnesota Statutes 2016, sections 17.117, 
1.7 	subdivisions 1, 4, 11; 17.494; 17.4982, by adding subdivisions; 84.0895, subdivision 
1.8 	2; 84.86, subdivision 1; 86B.005, subdivision 8a; 86B.532, subdivision 1; 88.10, 
1.9 	by adding a subdivision; 88.75, subdivision 1; 89.551; 92.50, by adding a 
1.10 	subdivision; 94.10, subdivision 2; 97A.051, subdivision 2; 97A.433, subdivisions 
1.11 	4, 5; 97B.015, subdivision 6; 97B.1055; 97C.345, subdivision 3a; 103B.3369, 
1.12 	subdivisions 5, 9; 103B.801, subdivisions 2, 5; 103E.005, by adding subdivisions; 
1.13 	103E.021, subdivision 6; 103E.071; 103E.095; 103E.215, subdivision 5; 103E.351, 
1.14 	subdivision 1; 103E.401, subdivision 4; 103E.411, subdivision 5; 103E.615, 
1.15 	subdivisions 1, 2, 3, 5, 7; 103E.711, subdivision 1; 103E.715, subdivisions 4, 5; 
1.16 	103E.725; 103E.728, subdivisions 1, 2, by adding a subdivision; 103E.731, 
1.17 	subdivisions 1, 2, 6; 103E.735, subdivision 1; 103F.361, subdivision 2; 103F.363, 
1.18 	subdivision 1; 103F.365, by adding a subdivision; 103F.371; 103F.373, subdivisions 
1.19 	1, 3, 4; 103G.2242, subdivision 14; 114D.15, subdivisions 7, 11, 13, by adding 
1.20 	subdivisions; 114D.20, subdivisions 2, 3, 5, 7, by adding subdivisions; 114D.26; 
1.21 	114D.35, subdivisions 1, 3; 115.03, subdivision 5, by adding a subdivision; 115.035; 
1.22 	115A.51; 115A.94, subdivisions 2, 4a, 4b, 4c, 4d, 5, by adding subdivisions; 
1.23 	116.07, subdivision 2, by adding a subdivision; 116.155, subdivision 1, by adding 
1.24 	a subdivision; 116.993, subdivisions 2, 6; 216G.01, subdivision 3; 349A.05; 
1.25 	473.8441, subdivision 4; Minnesota Statutes 2017 Supplement, sections 84.01, 
1.26 	subdivision 6; 84.925, subdivision 1; 84.9256, subdivision 1; 84D.03, subdivisions 
1.27 	3, 4; 84D.108, subdivisions 2b, 2c; 85.0146, subdivision 1; 89.17; 97A.075, 
1.28 	subdivision 1; 103G.222, subdivision 3; 103G.2242, subdivision 1; 116.0714; 
1.29 	Laws 2010, chapter 361, article 4, section 78; Laws 2015, First Special Session 
1.30 	chapter 4, article 4, section 146, as amended; Laws 2016, chapter 189, article 3, 
1.31 	sections 3, subdivision 5; 48; proposing coding for new law in Minnesota Statutes, 
1.32 	chapters 11A; 17; 97A; 103B; 103F; 115; 115B; 349A; 383A; repealing Minnesota 
1.33 	Statutes 2016, section 349A.16; Laws 2008, chapter 368, article 1, section 21, 
1.34 	subdivision 2.
1.35 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1 	ARTICLE 1
2.2 	ENVIRONMENT AND NATURAL RESOURCES

2.3	Section 1. APPROPRIATIONS.
 	
2.4 	The sums shown in the columns marked "Appropriations" are added to or, if shown in 
2.5 	parentheses, subtracted from the appropriations in Laws 2017, chapter 93, or appropriated 
2.6 	to the agencies and for the purposes specified in this article. The appropriations are from 
2.7 	the general fund, or another named fund, and are available for the fiscal year indicated for 
2.8 	each purpose. The figures "2018" and "2019" used in this article mean that the addition to 
2.9 	the appropriations listed under them are available for the fiscal year ending June 30, 2018, 
2.10 	or June 30, 2019, respectively. "The first year" is fiscal year 2018. "The second year" is 
2.11 	fiscal year 2019.

2.12				APPROPRIATIONS
	
2.13				Available for the Year
	
2.14				Ending June 30
	
2.15					2018
		2019

2.16	Sec. 2. POLLUTION CONTROL AGENCY

2.17	Subdivision 1.Total Appropriation
 	$
	.......
	$
	300,000

2.18	Appropriations by Fund
	
2.19		2018
	2019
	
2.20	General
	-0-
	(700,000)
	
2.21	Environmental
	-0-
	1,000,000

2.22	Subd. 2.Resource Management
 		0
		0
	
2.23 	(a) $700,000 the second year is a reduction 
2.24 	from the general fund for competitive 
2.25 	recycling grants under Minnesota Statutes, 
2.26 	section 115A.565.
2.27 	(b) $700,000 the second year is from the 
2.28 	environmental fund for competitive recycling 
2.29 	grants under Minnesota Statutes, section 
2.30 	115A.565.

3.1	Subd. 3.Watershed
 		0
		300,000
	
3.2 	$300,000 the second year is from the 
3.3 	environmental fund for a grant to the 
3.4 	Minnesota Association of County Feedlot 
3.5 	Officers to develop, in coordination with the 
3.6 	Pollution Control Agency and the University  
3.7 	of Minnesota Extension program, an online 
3.8 	training curriculum related to animal feedlot  
3.9 	requirements under Minnesota Rules, chapter 
3.10 	7020. The curriculum must be developed to:
3.11 	(1) provide base-level knowledge to new and 
3.12 	existing county feedlot pollution control  
3.13 	officers on feedlot registration, permitting, 
3.14 	compliance, enforcement, and program  
3.15 	administration;
3.16 	(2) provide assistance to new and existing 
3.17 	county feedlot pollution control officers for  
3.18 	working efficiently and effectively with 
3.19 	producers; and
3.20 	(3) reduce the incidence of manure or nutrients 
3.21 	entering surface water or groundwater.
3.22 	This is a onetime appropriation and is 
3.23 	available until June 30, 2020.

3.24	Sec. 3. NATURAL RESOURCES.

3.25	Subdivision 1.Total Appropriation
 	$
	-0-
	$
	3,382,000

3.26	Appropriations by Fund
	
3.27		2018
	2019
	
3.28	General
	-0-
	(1,081,000)
	
3.29	Natural Resources
	-0-
	2,403,000
	
3.30	Game and Fish
	-0-
	2,060,000

4.1	Subd. 2.Lands and Minerals Management
 		-0-
		625,000
	
4.2 	(a) $425,000 the second year is for aggregate 
4.3 	mapping. This is a onetime appropriation and 
4.4 	is available until June 30, 2020.
4.5 	(b) $200,000 the second year is to expand 
4.6 	monitoring and modeling of water levels in 
4.7 	the Canisteo and Arcturus to Hill Annex 
4.8 	open-pit mine groups, with priority on the 
4.9 	latter. The monitoring and modeling results 
4.10 	must be used by the commissioner to develop 
4.11 	plans to control and reduce the water levels in 
4.12 	each pit group and ameliorate, mitigate, or 
4.13 	eliminate the public safety hazards resulting 
4.14 	from rising water in both open-pit groups. This 
4.15 	is a onetime appropriation.

4.16	Subd. 3.Ecological and Water Resources
 		-0-
		(475,000)
	
4.17 	(a) $425,000 the second year is for grants to 
4.18 	lake associations to manage aquatic invasive 
4.19 	species,  including grants for projects to control 
4.20 	and provide public awareness of aquatic 
4.21 	invasive  species and for watercraft inspections 
4.22 	in partnership with local units of government. 
4.23 	This is a onetime appropriation.
4.24 	(b) $1,000,000 the second year is a reduction 
4.25 	from the general fund for water monitoring 
4.26 	and compliance.
4.27 	(c) $100,000 the second year is from the 
4.28 	heritage enhancement account in the game and 
4.29 	fish fund for a grant to the Board of Regents 
4.30 	of the University of Minnesota to conduct a 
4.31 	statewide survey and analysis of Minnesotans' 
4.32 	attitude toward fish stocking. The survey must 
4.33 	include a representative sample of 
4.34 	Minnesotans from all regions of the state and 
5.1 	must examine Minnesotans' attitudes toward 
5.2 	the stocking of each fish species that is or has 
5.3 	been stocked by the Department of Natural 
5.4 	Resources. The Board of Regents must report 
5.5 	the results of the survey and analysis to the 
5.6 	chairs and ranking minority members of the 
5.7 	legislative committees with jurisdiction over 
5.8 	environment and natural resources finance no 
5.9 	later than March 1, 2020. The report must 
5.10 	include data about the amount spent on 
5.11 	stocking each fish species.

5.12	Subd. 4.Forest Management
 		-0-
		(131,000)
	
5.13 	(a) $1,131,000 the second year is a reduction 
5.14 	to the general fund for the Next Generation 
5.15 	Core Forestry data system.
5.16 	(b) $1,000,000 the second year is from the 
5.17 	forest management investment account in the 
5.18 	natural resources fund for the Next Generation 
5.19 	Core Forestry data system. The appropriation 
5.20 	is available until June 30, 2021.

5.21	Subd. 5.Parks and Trails
 		-0-
		1,363,000
	
5.22 	(a) $100,000 the second year is from the 
5.23 	all-terrain vehicle account in the natural 
5.24 	resources fund to the commissioner of natural 
5.25 	resources for a grant to the city of Virginia to 
5.26 	develop, in cooperation with the Quad Cities 
5.27 	ATV Club, an all-terrain vehicle trail system 
5.28 	in the cities of Virginia, Eveleth, Gilbert, and 
5.29 	Mountain Iron and surrounding areas.  This is 
5.30 	a onetime appropriation and is available until 
5.31 	June 30, 2021.
5.32 	(b) $150,000 the second year is from the 
5.33 	off-road vehicle account for a contract to assist 
5.34 	the commissioner in planning, designing, and 
6.1 	providing a system of state touring routes for 
6.2 	off-road vehicles by identifying sustainable, 
6.3 	legal routes suitable for licensed four-wheel 
6.4 	drive vehicles and a system of recreational 
6.5 	trails for registered off-road vehicles. This is 
6.6 	a onetime appropriation and is available until 
6.7 	June 30, 2019.
6.8 	(c) $200,000 the second year is from the 
6.9 	off-road vehicle account in the natural 
6.10 	resources fund for a contract to prepare a 
6.11 	comprehensive, statewide, strategic master 
6.12 	plan for trails for off-road vehicles.  The master 
6.13 	plan must be consistent with federal, tribal, 
6.14 	state, and local law and regulations.  The 
6.15 	commissioner must consult with the Minnesota 
6.16 	Four Wheel Drive Association in developing 
6.17 	contract criteria.  This is a onetime 
6.18 	appropriation and is available until June 30, 
6.19 	2019.
6.20 	(d) $200,000 the second year is from the 
6.21 	off-road vehicle account in the natural 
6.22 	resources fund to share the cost by reimbursing 
6.23 	federal, state, county, and township entities 
6.24 	for additional needs on forest roads when the 
6.25 	needs are a result of increased use by off-road 
6.26 	vehicles and are attributable to a 
6.27 	border-to-border touring route established by 
6.28 	the commissioner. This section does apply to 
6.29 	roads that are operated by a public road 
6.30 	authority as defined in Minnesota Statutes, 
6.31 	section 160.02, subdivision 25. This is a 
6.32 	onetime appropriation and is available until 
6.33 	June 30, 2021. To be eligible for 
6.34 	reimbursement under this paragraph, the 
6.35 	claimant must demonstrate  that:
7.1 	(1) the needs result from additional traffic 
7.2 	generated by the border-to-border touring  
7.3 	route; and
7.4 	(2) increased use attributable to a 
7.5 	border-to-border touring route has caused at 
7.6 	least a 50 percent increase in maintenance 
7.7 	costs for forest roads under the claimant's 
7.8 	jurisdiction, based on a ten-year maintenance 
7.9 	average.
7.10 	Before reimbursing a claim under this 
7.11 	paragraph, the commissioner must consider 
7.12 	whether the claim is consistent with claims 
7.13 	made by other entities that administer forest  
7.14 	roads on the touring route, in terms of the 
7.15 	amount requested for reimbursement and the 
7.16 	frequency of claims made.
7.17 	(e) $313,000 the second year is from the 
7.18 	natural resources fund for a grant to St. Louis 
7.19 	County as a match to a state bonding grant for 
7.20 	trail and bridge construction and for a 
7.21 	maintenance fund for a five-mile segment of 
7.22 	the Voyageur Country ATV trail system, 
7.23 	including a multiuse bridge over the Vermilion 
7.24 	River that would serve ATVs, snowmobiles, 
7.25 	off-road vehicles, off-highway motorcycles, 
7.26 	and emergency vehicles in St. Louis County.  
7.27 	Of this amount, $285,000 is from the 
7.28 	all-terrain vehicle account, $14,000 is from 
7.29 	the off-road vehicle account, and $14,000 is 
7.30 	from the off-highway motorcycle account. 
7.31 	This is a onetime appropriation and is 
7.32 	available until June 30, 2021.
7.33 	(f) $300,000 the second year is from the 
7.34 	natural resources fund for a grant to Lake 
7.35 	County to match other funding sources to 
8.1 	develop the Prospectors Loop trail system. Of 
8.2 	this amount, $270,000 is from the all-terrain 
8.3 	vehicle account, $15,000 is from the 
8.4 	off-highway motorcycle account, and $15,000 
8.5 	is from the off-road vehicle account. This is 
8.6 	a onetime appropriation and is available until 
8.7 	June 30, 2021.
8.8 	(g) $100,000 the second year is from the 
8.9 	all-terrain vehicle account in the natural 
8.10 	resources fund for wetland delineation and 
8.11 	work on an environmental assessment 
8.12 	worksheet for the Taconite State Trail from 
8.13 	Ely to Tower consistent with the 2017 
8.14 	Taconite State Trail Master Plan. This is a 
8.15 	onetime appropriation and is available until 
8.16 	June 30, 2021.

8.17	Subd. 6.Fish and Wildlife Management
 		-0-
		1,960,000
	
8.18 	(a) $7,146,000 the second year is a reduction 
8.19 	from the operations account in the game and 
8.20 	fish fund.
8.21 	(b) $8,606,000 the second year is from the 
8.22 	deer management account in the game and 
8.23 	fish fund.
8.24 	(c) Notwithstanding Minnesota Statutes, 
8.25 	section 297A.94, $500,000 the second year is 
8.26 	from the heritage enhancement account in the 
8.27 	game and fish fund for planning and 
8.28 	emergency response to disease outbreaks in 
8.29 	wildlife.  This is a onetime appropriation and 
8.30 	is available until June 30, 2020.

8.31	Subd. 7.Enforcement
 		-0-
		40,000
	
8.32 	$40,000 the second year is from the all-terrain 
8.33 	vehicle account in the natural resources fund 
8.34 	for the development and implementation of 
9.1 	safety coursework for younger riders. This is 
9.2 	a onetime appropriation.

9.3	Subd. 8.Cancellation
 					
9.4 	On July 1, 2018, $492,000 is canceled to the 
9.5 	general fund from the amount appropriated 
9.6 	for legal costs under Laws 2017, chapter 93, 
9.7 	article 1, section 3, subdivision 8.

9.8
9.9	Sec. 4. BOARD OF WATER AND SOIL 
RESOURCES.
 	$
	-0-
	$
	650,000
	
9.10 	(a) $600,000 the second year is for a grant to 
9.11 	the Alexandria Lake Area Sanitary District 
9.12 	for lake management activities, including but 
9.13 	not limited to alum treatment in Lake Agnes, 
9.14 	carp removal in Lake Winona, and related 
9.15 	management and reassessment measures that 
9.16 	are intended to achieve and maintain 
9.17 	compliance with water quality standards for 
9.18 	phosphorus and the total maximum daily load 
9.19 	for Lake Winona.  This is a onetime 
9.20 	appropriation and is available until June 30, 
9.21 	2020.
9.22 	(b) $50,000 the second year is for a grant to 
9.23 	the Red River Basin Commission for water 
9.24 	quality and floodplain management.  This 
9.25 	amount is in addition to the appropriation in 
9.26 	Laws 2017, chapter 93, article 1, section 4, 
9.27 	paragraph (i).

9.28	Sec. 5. METROPOLITAN COUNCIL
 	$
	0
	$
	0

9.29	Appropriations by Fund
	
9.30		2018
	2019
	
9.31	General
	-0-
	(270,000)
	
9.32	Natural Resources
	-0-
	270,000
	
10.1 	(a) $270,000 the second year is a reduction 
10.2 	from the general fund for metropolitan area 
10.3 	regional parks operations and maintenance 
10.4 	according to Minnesota Statutes, section 
10.5 	473.351.
10.6 	(b) $270,000 the second year is from the 
10.7 	natural resources fund for metropolitan area 
10.8 	regional parks and trails maintenance and 
10.9 	operations.  This appropriation is from the 
10.10 	revenue deposited in the natural resources fund 
10.11 	under Minnesota Statutes, section 297A.94, 
10.12 	paragraph (h), clause (3).

10.13 	Sec. 6. Laws 2010, chapter 361, article 4, section 78, is amended to read:
10.14 	Sec. 78. APPROPRIATION; MOOSE TRAIL.
 10.15 	$100,000 in fiscal year 2011 is appropriated to the commissioner of natural resources 
10.16 	from the all-terrain vehicle account in the natural resources fund for a grant to the city of 
10.17 	Hoyt Lakes to convert the Moose Trail snowmobile trail to for a dual usage trail, so that it 
10.18 	may also be used as an off-highway vehicle trail connecting the city of Biwabik to the Iron 
10.19 	Range Off-Highway Vehicle Recreation Area. This is a onetime appropriation and is available 
10.20 	until spent June 30, 2020.

10.21 	Sec. 7. Laws 2016, chapter 189, article 3, section 3, subdivision 5, is amended to read:

10.22	Subd. 5.Parks and Trails Management
 		-0-
		6,459,000

10.23	Appropriations by Fund
	
10.24		2016
	2017
	
10.25	General
	-0-
	2,929,000
	
10.26	Natural Resources
	-0-
	3,530,000
	
10.27 	$2,800,000 the second year is a onetime 
10.28 	appropriation.
10.29 	$2,300,000 the second year is from the state 
10.30 	parks account in the natural resources fund. 
10.31 	Of this amount, $1,300,000 is onetime, of 
10.32 	which $1,150,000 is for strategic park 
10.33 	acquisition.
11.1 	$20,000 the second year is from the natural 
11.2 	resources fund to design and erect signs 
11.3 	marking the David Dill trail designated in this 
11.4 	act. Of this amount, $10,000 is from the 
11.5 	snowmobile trails and enforcement account 
11.6 	and $10,000 is from the all-terrain vehicle 
11.7 	account. This is a onetime appropriation.
11.8 	$100,000 the second year is for the 
11.9 	improvement of the infrastructure for sanitary 
11.10 	sewer service at the Woodenfrog Campground 
11.11 	in Kabetogama State Forest. This is a onetime 
11.12 	appropriation.
11.13 	$29,000 the second year is for computer 
11.14 	programming related to the transfer-on-death 
11.15 	title changes for watercraft. This is a onetime 
11.16 	appropriation.
11.17 	$210,000 the first year is from the water 
11.18 	recreation account in the natural resources 
11.19 	fund for implementation of Minnesota 
11.20 	Statutes, section 86B.532, established in this 
11.21 	act. This is a onetime appropriation. The 
11.22 	commissioner of natural resources shall seek 
11.23 	federal and other nonstate funds to reimburse 
11.24 	the department for the initial costs of 
11.25 	producing and distributing carbon monoxide 
11.26 	boat warning labels. All amounts collected 
11.27 	under this paragraph shall be deposited into 
11.28 	the water recreation account.
11.29 	$1,000,000 the second year is from the natural 
11.30 	resources fund for a grant to Lake County for 
11.31 	construction, including bridges, of the 
11.32 	Prospectors ATV Trail System linking the 
11.33 	communities of Ely, Babbitt, Embarrass, and 
11.34 	Tower; Bear Head Lake and Lake 
11.35 	Vermilion-Soudan Underground Mine State 
12.1 	Parks; the Taconite State Trail; and the Lake 
12.2 	County Regional ATV Trail System. Of this 
12.3 	amount, $900,000 is from the all-terrain 
12.4 	vehicle account, $50,000 is from the 
12.5 	off-highway motorcycle account, and $50,000 
12.6 	is from the off-road vehicle account. This is 
12.7 	a onetime appropriation and is available until 
12.8 	June 30, 2019.

12.9 	ARTICLE 2
12.10 	ENVIRONMENT AND NATURAL RESOURCES POLICY

12.11 	Section 1. [11A.236] ACCOUNT FOR INVESTMENT OF PERMIT TO MINE 
12.12 	FINANCIAL ASSURANCE MONEY.
12.13 		Subdivision 1.Establishment; appropriation. (a) The State Board of Investment, when 
12.14 	requested by the commissioner of natural resources, may invest money collected by the 
12.15 	commissioner as part of financial assurance provided under a permit to mine issued under 
12.16 	chapter 93. The State Board of Investment may establish one or more accounts into which 
12.17 	money may be deposited for the purposes of this section, subject to the policies and 
12.18 	procedures of the State Board of Investment. Use of any money in the account shall be 
12.19 	restricted to the financial assurance purposes identified in sections 93.46 to 93.51, and rules 
12.20 	adopted thereunder, and as authorized under any trust fund agreements or other conditions 
12.21 	established under a permit to mine.
12.22 	(b) Money in the accounts is appropriated to the commissioner for the purposes for 
12.23 	which the account is established under this section.
12.24 		Subd. 2.Account maintenance and investment. The commissioner of natural resources 
12.25 	may deposit money in the appropriate account and may withdraw money from the appropriate 
12.26 	account for the financial assurance purposes identified in sections 93.46 to 93.51 and rules 
12.27 	adopted thereunder and as authorized under any trust fund agreements or other conditions 
12.28 	established under the permit to mine for which the financial assurance is provided, subject 
12.29 	to the policies and procedures of the State Board of Investment. Investment strategies related 
12.30 	to an account established under this section must be determined jointly by the commissioner 
12.31 	of natural resources and the executive director of the State Board of Investment. The 
12.32 	authorized investments for an account shall be the investments authorized under section 
12.33 	11A.24 that are made available for investment by the State Board of Investment. Investment 
12.34 	transactions must be at a time and in a manner determined by the executive director of the 
13.1 	State Board of Investment. Decisions to withdraw money from the account must be 
13.2 	determined by the commissioner of natural resources, subject to the policies and procedures 
13.3 	of the State Board of Investment. Investment earnings must be credited to the appropriate 
13.4 	account for financial assurance under the identified permit to mine. An account may be 
13.5 	terminated by the commissioner of natural resources at any time, so long as the termination 
13.6 	is in accordance with applicable statutes, rules, trust fund agreements, or other conditions 
13.7 	established under the permit to mine, subject to the policies and procedures of the State 
13.8 	Board of Investment.

13.9 	Sec. 2. Minnesota Statutes 2016, section 17.494, is amended to read:
13.10 	17.494 AQUACULTURE PERMITS; RULES.
13.11 	(a) The commissioner shall act as permit or license coordinator for aquatic farmers and 
13.12 	shall assist aquatic farmers to obtain licenses or permits.
13.13 	By July 1, 1992,(b) A state agency issuing multiple permits or licenses for aquaculture 
13.14 	shall consolidate the permits or licenses required for every aquatic farm location. The 
13.15 	Department of Natural Resources transportation permits are exempt from this requirement. 
13.16 	State agencies shall adopt rules or issue commissioner's orders that establish permit and 
13.17 	license requirements, approval timelines, and compliance standards. Saltwater aquatic farms, 
13.18 	as defined in section 17.4982, and processing facilities for saltwater aquatic life, as defined 
13.19 	in section 17.4982, must be classified as agricultural operations for purposes of any 
13.20 	construction, discharge, or other permit issued by the Pollution Control Agency.
13.21 	Nothing in this section modifies any state agency's regulatory authority over aquaculture 
13.22 	production.

13.23 	Sec. 3. Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to 
13.24 	read:
13.25 		Subd. 20a.Saltwater aquaculture. "Saltwater aquaculture" means the commercial 
13.26 	propagation and rearing of saltwater aquatic life, including, but not limited to, crustaceans, 
13.27 	primarily for consumption as human food.

13.28 	Sec. 4. Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to 
13.29 	read:
13.30 		Subd. 20b.Saltwater aquatic farm. "Saltwater aquatic farm" means a facility used for 
13.31 	saltwater aquaculture, including, but not limited to, artificial ponds, vats, tanks, raceways, 
14.1 	and other facilities that an aquatic farmer owns or has exclusive control of for the sole 
14.2 	purpose of producing saltwater aquatic life.

14.3 	Sec. 5. Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to 
14.4 	read:
14.5 		Subd. 20c.Saltwater aquatic life. "Saltwater aquatic life" means aquatic species that 
14.6 	are saltwater obligates or perform optimally when raised in salinities closer to that of natural 
14.7 	seawater and need saltwater to survive.

14.8 	Sec. 6. [17.499] TRANSPORTATION OR IMPORTATION OF SALTWATER 
14.9 	AQUATIC LIFE; QUARANTINE REQUIREMENT.
14.10 		Subdivision 1.Purpose. The legislature finds that it is in the public interest to increase 
14.11 	private saltwater aquaculture production and processing in this state under the coordination 
14.12 	of the commissioner of agriculture. Additional private production will reduce dependence 
14.13 	on foreign suppliers and benefit the rural economy by creating new jobs and economic 
14.14 	activity.
14.15 		Subd. 2.Transportation permit. (a) Notwithstanding the requirements in section 
14.16 	17.4985, saltwater aquatic life transportation and importation requirements are governed 
14.17 	by this section. A transportation permit is required prior to any importation or intrastate 
14.18 	transportation of saltwater aquatic life not exempted under subdivision 3. A transportation 
14.19 	permit may be used for multiple shipments within the 30-day term of the permit if the source 
14.20 	and the destination remain the same. Transportation permits must be obtained from the 
14.21 	commissioner prior to shipment of saltwater aquatic life.
14.22 	(b) An application for a transportation permit must be made in the form required by the 
14.23 	commissioner. The commissioner may reject an incomplete application.
14.24 	(c) An application for a transportation permit must be accompanied by satisfactory 
14.25 	evidence, as determined by the commissioner, that the shipment is free of any nonindigenous 
14.26 	species of animal other than the saltwater aquatic species and either:
14.27 	(1) the facility from which the saltwater aquatic life originated has provided 
14.28 	documentation of 36 or more consecutive months of negative testing by an approved 
14.29 	laboratory as free of any disease listed by OIE - the World Organisation for Animal Health 
14.30 	for that species following the testing guidelines outlined in the OIE Aquatic Animal Health 
14.31 	Code for crustaceans or the AFS Fish Health Blue Book for other species, as appropriate; 
14.32 	or
15.1 	(2) the saltwater aquatic life to be imported or transported includes documentation of 
15.2 	negative testing for that specific lot by an approved laboratory as free of any disease listed 
15.3 	by OIE - the World Organisation for Animal Health for crustaceans or in the AFS Fish 
15.4 	Health Blue Book for other species, as appropriate.
15.5 	If a shipment authorized by the commissioner under clause (1) includes saltwater aquatic 
15.6 	life that originated in a foreign country, the shipment must be quarantined at the receiving 
15.7 	facility according to a quarantine plan approved by the commissioner. A shipment authorized 
15.8 	by the commissioner under clause (2) must be quarantined at the receiving facility according 
15.9 	to a quarantine plan approved by the commissioner.
15.10 	(d) For purposes of this subdivision, "approved laboratory" means a laboratory approved 
15.11 	by the commissioner or the United States Department of Agriculture, Animal and Plant 
15.12 	Health Inspection Services.
15.13 	(e) No later than 14 calendar days after a completed transportation permit application 
15.14 	is received, the commissioner must approve or deny the transportation permit application.
15.15 	(f) A copy of the transportation permit must accompany a shipment of saltwater aquatic 
15.16 	life while in transit and must be available for inspection by the commissioner.
15.17 	(g) A vehicle used by a licensee for transporting aquatic life must be identified with the 
15.18 	license number and the licensee's name and town of residence as it appears on the license. 
15.19 	A vehicle used by a licensee must have identification displayed so that it is readily visible 
15.20 	from either side of the vehicle in letters and numbers not less than 2-1/2 inches high and 
15.21 	three-eighths inch wide. Identification may be permanently affixed to vehicles or displayed 
15.22 	on removable plates or placards placed on opposite doors of the vehicle or on the tanks 
15.23 	carried on the vehicle.
15.24 	(h) An application to license a vehicle for brood stock or larvae transport or for use as 
15.25 	a saltwater aquatic life vendor that is received by the commissioner is a temporary license 
15.26 	until approved or denied by the commissioner.
15.27 		Subd. 3.Exemptions. (a) A transportation permit is not required to transport or import 
15.28 	saltwater aquatic life:
15.29 	(1) previously processed for use as food or other purposes unrelated to propagation;
15.30 	(2) transported directly to an outlet for processing as food or for other food purposes if 
15.31 	accompanied by shipping documents;
15.32 	(3) that is being exported if accompanied by shipping documents;
16.1 	(4) that is being transported through the state if accompanied by shipping documents; 
16.2 	or
16.3 	(5) transported intrastate within or between facilities licensed for saltwater aquaculture 
16.4 	by the commissioner if accompanied by shipping documents.
16.5 	(b) Shipping documents required under paragraph (a) must include the place of origin, 
16.6 	owner or consignee, destination, number, species, and satisfactory evidence, as determined 
16.7 	by the commissioner, of the disease-free certification required under subdivision 2, paragraph 
16.8 	(c), clauses (1) and (2).

16.9 	Sec. 7. Minnesota Statutes 2017 Supplement, section 84.01, subdivision 6, is amended to 
16.10 	read:
16.11 		Subd. 6.Legal counsel. The commissioner of natural resources may appoint attorneys 
16.12 	or outside counsel to render title opinions, represent the department in severed mineral 
16.13 	interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute 
16.14 	to the contrary, represent the state in quiet title or title registration actions affecting land or 
16.15 	interests in land administered by the commissioner and in all proceedings relating to road 
16.16 	vacations.

16.17 	Sec. 8. Minnesota Statutes 2016, section 84.0895, subdivision 2, is amended to read:
16.18 		Subd. 2.Application. (a) Subdivision 1 does not apply to:
16.19 	(1) plants on land classified for property tax purposes as class 2a or 2c agricultural land 
16.20 	under section 273.13, or on ditches and roadways a ditch, or on an existing public road 
16.21 	right-of-way as defined in section 84.92, subdivision 6a, except for ground not previously 
16.22 	disturbed by construction or maintenance; and
16.23 	(2) noxious weeds designated pursuant to sections 18.76 to 18.88 or to weeds otherwise 
16.24 	designated as troublesome by the Department of Agriculture.
16.25 	(b) If control of noxious weeds is necessary, it takes priority over the protection of 
16.26 	endangered plant species, as long as a reasonable effort is taken to preserve the endangered 
16.27 	plant species first.
16.28 	(c) The taking or killing of an endangered plant species on land adjacent to class 3 or 
16.29 	3b agricultural land as a result of the application of pesticides or other agricultural chemical 
16.30 	on the class 3 or 3b land is not a violation of subdivision 1, if reasonable care is taken in 
16.31 	the application of the pesticide or other chemical to avoid impact on adjacent lands. For the 
16.32 	purpose of this paragraph, class 3 or 3b agricultural land does not include timber land, waste 
17.1 	land, or other land for which the owner receives a state paid wetlands or native prairie tax 
17.2 	credit.
17.3 	(d) The accidental taking of an endangered plant, where the existence of the plant is not 
17.4 	known at the time of the taking, is not a violation of subdivision 1.

17.5 	Sec. 9. Minnesota Statutes 2016, section 84.86, subdivision 1, is amended to read:
17.6 		Subdivision 1.Required rules. With a view of achieving maximum use of snowmobiles 
17.7 	consistent with protection of the environment the commissioner of natural resources shall 
17.8 	adopt rules in the manner provided by chapter 14, for the following purposes:
17.9 	(1) Registration of snowmobiles and display of registration numbers.
17.10 	(2) Use of snowmobiles insofar as game and fish resources are affected.
17.11 	(3) Use of snowmobiles on public lands and waters, or on grant-in-aid trails.
17.12 	(4) Uniform signs to be used by the state, counties, and cities, which are necessary or 
17.13 	desirable to control, direct, or regulate the operation and use of snowmobiles.
17.14 	(5) Specifications relating to snowmobile mufflers.
17.15 	(6) A comprehensive snowmobile information and safety education and training program, 
17.16 	including but not limited to the preparation and dissemination of snowmobile information 
17.17 	and safety advice to the public, the training of snowmobile operators, and the issuance of 
17.18 	snowmobile safety certificates to snowmobile operators who successfully complete the 
17.19 	snowmobile safety education and training course. For the purpose of administering such 
17.20 	program and to defray expenses of training and certifying snowmobile operators, the 
17.21 	commissioner shall collect a fee from each person who receives the youth or adult training. 
17.22 	The commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for 
17.23 	issuing a duplicate snowmobile safety certificate. The commissioner shall establish both 
17.24 	fees in a manner that neither significantly overrecovers nor underrecovers costs, including 
17.25 	overhead costs, involved in providing the services. The fees are not subject to the rulemaking 
17.26 	provisions of chapter 14 and section 14.386 does not apply. The fees may be established 
17.27 	by the commissioner notwithstanding section 16A.1283. The fees, except for the issuing 
17.28 	fee for licensing agents under this subdivision, shall be deposited in the snowmobile trails 
17.29 	and enforcement account in the natural resources fund and the amount thereof, except for 
17.30 	the electronic licensing system commission established by the commissioner under section 
17.31 	84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated 
17.32 	annually to the Enforcement Division of the Department of Natural Resources for the 
17.33 	administration of such programs. In addition to the fee established by the commissioner, 
18.1 	instructors may charge each person any fee paid by the instructor for the person's online 
18.2 	training course and up to the established fee amount for class materials and expenses. The 
18.3 	commissioner shall cooperate with private organizations and associations, private and public 
18.4 	corporations, and local governmental units in furtherance of the program established under 
18.5 	this clause. School districts may cooperate with the commissioner and volunteer instructors 
18.6 	to provide space for the classroom portion of the training. The commissioner shall consult 
18.7 	with the commissioner of public safety in regard to training program subject matter and 
18.8 	performance testing that leads to the certification of snowmobile operators.
18.9 	(7) The operator of any snowmobile involved in an accident resulting in injury requiring 
18.10 	medical attention or hospitalization to or death of any person or total damage to an extent 
18.11 	of $500 or more, shall forward a written report of the accident to the commissioner on such 
18.12 	form as the commissioner shall prescribe. If the operator is killed or is unable to file a report 
18.13 	due to incapacitation, any peace officer investigating the accident shall file the accident 
18.14 	report within ten business days.

18.15 	Sec. 10. Minnesota Statutes 2017 Supplement, section 84.925, subdivision 1, is amended 
18.16 	to read:
18.17 		Subdivision 1.Program Training and certification programs established. (a) The 
18.18 	commissioner shall establish:
18.19 	(1) a comprehensive all-terrain vehicle environmental and safety education and training 
18.20 	certification program, including the preparation and dissemination of vehicle information 
18.21 	and safety advice to the public, the training of all-terrain vehicle operators, and the issuance 
18.22 	of all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who 
18.23 	successfully complete the all-terrain vehicle environmental and safety education and training 
18.24 	course.; and
18.25 	(2) a voluntary all-terrain vehicle online training program for youth and a parent or 
18.26 	guardian, offered at no charge for operators at least six years of age but younger than ten 
18.27 	years of age.
18.28 	(b) A parent or guardian must be present at the hands-on a training portion of the program 
18.29 	for when the youth who are six through ten is under ten years of age.
18.30 	(b) (c) For the purpose of administering the program and to defray the expenses of 
18.31 	training and certifying vehicle operators, the commissioner shall collect a fee from each 
18.32 	person who receives the training for certification under paragraph (a), clause (1). The 
18.33 	commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing 
19.1 	a duplicate all-terrain vehicle safety certificate. The commissioner shall establish both fees 
19.2 	in a manner that neither significantly overrecovers nor underrecovers costs, including 
19.3 	overhead costs, involved in providing the services. The fees are not subject to the rulemaking 
19.4 	provisions of chapter 14 and section 14.386 does not apply. The fees may be established 
19.5 	by the commissioner notwithstanding section 16A.1283. Fee proceeds, except for the issuing 
19.6 	fee for licensing agents under this subdivision, shall be deposited in the all-terrain vehicle 
19.7 	account in the natural resources fund and the amount thereof, except for the electronic 
19.8 	licensing system commission established by the commissioner under section 84.027, 
19.9 	subdivision 15, and issuing fees collected by the commissioner, is appropriated annually to 
19.10 	the Enforcement Division of the Department of Natural Resources for the administration 
19.11 	of the programs. In addition to the fee established by the commissioner, instructors may 
19.12 	charge each person up to the established fee amount for class materials and expenses.
19.13 	(c) (d) The commissioner shall cooperate with private organizations and associations, 
19.14 	private and public corporations, and local governmental units in furtherance of the program
19.15 	programs established under this section. School districts may cooperate with the 
19.16 	commissioner and volunteer instructors to provide space for the classroom portion of the 
19.17 	training. The commissioner shall consult with the commissioner of public safety in regard 
19.18 	to training program the subject matter of the training programs and performance testing that 
19.19 	leads to the certification of vehicle operators. The commissioner shall incorporate a riding 
19.20 	component in the safety education and training program certification programs established 
19.21 	under this section, and may incorporate a riding component in the training program as 
19.22 	established in paragraph (a), clause (2).

19.23 	Sec. 11. Minnesota Statutes 2017 Supplement, section 84.9256, subdivision 1, is amended 
19.24 	to read:
19.25 		Subdivision 1.Prohibitions on youthful operators. (a) Except for operation on public 
19.26 	road rights-of-way that is permitted under section 84.928 and as provided under paragraph 
19.27 	(j), a driver's license issued by the state or another state is required to operate an all-terrain 
19.28 	vehicle along or on a public road right-of-way.
19.29 	(b) A person under 12 years of age shall not:
19.30 	(1) make a direct crossing of a public road right-of-way;
19.31 	(2) operate an all-terrain vehicle on a public road right-of-way in the state; or
19.32 	(3) operate an all-terrain vehicle on public lands or waters, except as provided in 
19.33 	paragraph (f).
20.1 	(c) Except for public road rights-of-way of interstate highways, a person 12 years of age 
20.2 	but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, 
20.3 	county state-aid, or county highway or operate on public lands and waters or state or 
20.4 	grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate 
20.5 	issued by the commissioner and is accompanied by a person 18 years of age or older who 
20.6 	holds a valid driver's license.
20.7 	(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old, 
20.8 	but less than 16 years old, must:
20.9 	(1) successfully complete the safety education and training program under section 84.925, 
20.10 	subdivision 1, including a riding component; and
20.11 	(2) be able to properly reach and control the handle bars and reach the foot pegs while 
20.12 	sitting upright on the seat of the all-terrain vehicle.
20.13 	(e) A person at least six ten years of age may take the safety education and training 
20.14 	program and may receive an all-terrain vehicle safety certificate under paragraph (d), but 
20.15 	the certificate is not valid until the person reaches age 12.
20.16 	(f) A person at least ten years of age but under 12 years of age may operate an all-terrain 
20.17 	vehicle with an engine capacity up to 110cc if the vehicle is a class 1 all-terrain vehicle with 
20.18 	straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with 
20.19 	side-by-side-style seating on public lands or waters if accompanied by a parent or legal 
20.20 	guardian.
20.21 	(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
20.22 	(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands 
20.23 	or waters or on state or grant-in-aid trails if the person cannot properly reach and control:
20.24 	(1) the handle bars and reach the foot pegs while sitting upright on the seat of the 
20.25 	all-terrain vehicle with straddle-style seating; or
20.26 	(2) the steering wheel and foot controls of a class 1 all-terrain vehicle with 
20.27 	side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged.
20.28 	(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16 
20.29 	years old, may make a direct crossing of a public road right-of-way of a trunk, county 
20.30 	state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or 
20.31 	state or grant-in-aid trails if:
21.1 	(1) the nonresident youth has in possession evidence of completing an all-terrain safety 
21.2 	course offered by the ATV Safety Institute or another state as provided in section 84.925, 
21.3 	subdivision 3; and
21.4 	(2) the nonresident youth is accompanied by a person 18 years of age or older who holds 
21.5 	a valid driver's license.
21.6 	(j) A person 12 years of age but less than 16 years of age may operate an all-terrain 
21.7 	vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted 
21.8 	under section 84.928 if the person:
21.9 	(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner; 
21.10 	and
21.11 	(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

21.12 	Sec. 12. Minnesota Statutes 2017 Supplement, section 84D.03, subdivision 3, is amended 
21.13 	to read:
21.14 		Subd. 3.Bait harvest from infested waters. (a) Taking wild animals from infested 
21.15 	waters for bait or aquatic farm purposes is prohibited except as provided in paragraph (b), 
21.16 	(c), or (d) and section 97C.341.
21.17 	(b) In waters that are listed as infested waters, except those listed as infested with 
21.18 	prohibited invasive species of fish or certifiable diseases of fish, as defined under section 
21.19 	17.4982, subdivision 6, taking wild animals may be permitted for:
21.20 	(1) commercial taking of wild animals for bait and aquatic farm purposes as provided 
21.21 	in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
21.22 	(2) bait purposes for noncommercial personal use in waters that contain Eurasian 
21.23 	watermilfoil, when the infested waters are listed solely because they contain Eurasian 
21.24 	watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not 
21.25 	exceeding 16 inches in diameter and 32 inches in length.
21.26 	(c) In streams or rivers that are listed as infested waters, except those listed as infested 
21.27 	with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest 
21.28 	of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by 
21.29 	hook and line for noncommercial personal use is allowed as follows:
21.30 	(1) fish taken under this paragraph must be used on the same body of water where caught 
21.31 	and while still on that water body. Where the river or stream is divided by barriers such as 
21.32 	dams, the fish must be caught and used on the same section of the river or stream;
22.1 	(2) fish taken under this paragraph may not be transported live from or off the water 
22.2 	body;
22.3 	(3) fish harvested under this paragraph may only be used in accordance with this section;
22.4 	(4) any other use of wild animals used for bait from infested waters is prohibited;
22.5 	(5) fish taken under this paragraph must meet all other size restrictions and requirements 
22.6 	as established in rules; and
22.7 	(6) all species listed under this paragraph shall be included in the person's daily limit as 
22.8 	established in rules, if applicable.
22.9 	(d) In the Minnesota River downstream of Granite Falls, the Mississippi River 
22.10 	downstream of St. Anthony Falls, and the St. Croix River downstream of the dam at Taylors 
22.11 	Falls, including portions described as Minnesota-Wisconsin boundary waters in Minnesota 
22.12 	Rules, part 6266.0500, subpart 1, items A and B, the harvest of gizzard shad by cast net for 
22.13 	noncommercial personal use as bait for angling, as provided in a permit issued under section 
22.14 	84D.11, is allowed as follows:
22.15 	(1) nontarget species must immediately be returned to the water;
22.16 	(2) gizzard shad taken under this paragraph must be used on the same body of water 
22.17 	where caught and while still on that water body. Where the river is divided by barriers such 
22.18 	as dams, the gizzard shad must be caught and used on the same section of the river;
22.19 	(3) gizzard shad taken under this paragraph may not be transported off the water body; 
22.20 	and
22.21 	(4) gizzard shad harvested under this paragraph may only be used in accordance with 
22.22 	this section.
22.23 	This paragraph expires December 1, 2017.
22.24 	(e) Equipment authorized for minnow harvest in a listed infested water by permit issued 
22.25 	under paragraph (b) may not be transported to, or used in, any waters other than waters 
22.26 	specified in the permit.
22.27 	(f) Bait intended for sale may not be held in infested water after taking and before sale, 
22.28 	unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.

23.1 	Sec. 13. Minnesota Statutes 2017 Supplement, section 84D.03, subdivision 4, is amended 
23.2 	to read:
23.3 		Subd. 4.Restrictions in infested and noninfested waters; commercial fishing and 
23.4 	turtle, frog, and crayfish harvesting. (a) All nets, traps, buoys, anchors, stakes, and lines 
23.5 	used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that 
23.6 	is listed because it contains invasive fish, invertebrates, aquatic plants or aquatic macrophytes 
23.7 	other than Eurasian watermilfoil, or certifiable diseases, as defined in section 17.4982, must 
23.8 	be tagged with tags provided by the commissioner, as specified in the commercial licensee's 
23.9 	license or permit. Tagged gear must not be used in water bodies other than those specified 
23.10 	in the license or permit. The license or permit may authorize department staff to remove 
23.11 	tags after the from gear is that has been decontaminated according to a protocol specified 
23.12 	by the commissioner if the use of the decontaminated gear in other water bodies would not 
23.13 	pose an unreasonable risk of harm to natural resources or the use of natural resources in the 
23.14 	state. This tagging requirement does not apply to commercial fishing equipment used in 
23.15 	Lake Superior.
23.16 	(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, 
23.17 	frog, or crayfish harvesting in an infested water that is listed solely because it contains 
23.18 	Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum 
23.19 	of two days before they are used in any other waters, except as provided in this paragraph. 
23.20 	Commercial licensees must notify the department's regional or area fisheries office or a 
23.21 	conservation officer before removing nets or equipment from an infested water listed solely 
23.22 	because it contains Eurasian watermilfoil and before resetting those nets or equipment in 
23.23 	any other waters. Upon notification, the commissioner may authorize a commercial licensee 
23.24 	to move nets or equipment to another water without freezing or drying, if that water is listed 
23.25 	as infested solely because it contains Eurasian watermilfoil.
23.26 	(c) A commercial licensee must remove all aquatic macrophytes from nets and other 
23.27 	equipment before placing the equipment into waters of the state.
23.28 	(d) The commissioner shall provide a commercial licensee with a current listing of listed 
23.29 	infested waters at the time that a license or permit is issued.

23.30 	Sec. 14. Minnesota Statutes 2017 Supplement, section 84D.108, subdivision 2b, is amended 
23.31 	to read:
23.32 		Subd. 2b.Gull Lake pilot study. (a) The commissioner may include an additional 
23.33 	targeted pilot study to include water-related equipment with zebra mussels attached for the 
23.34 	Gull Narrows State Water Access Site, Government Point State Water Access Site, and 
24.1 	Gull East State water access Site sites on Gull Lake (DNR Division of Waters number 
24.2 	11-0305) in Cass and Crow Wing Counties using the same authorities, general procedures, 
24.3 	and requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake 
24.4 	service providers participating in the Gull Lake targeted pilot study place of business must 
24.5 	be located in Cass or Crow Wing County.
24.6 	(b) If an additional targeted pilot project for Gull Lake is implemented under this section, 
24.7 	the report to the chairs and ranking minority members of the senate and house of 
24.8 	representatives committees having jurisdiction over natural resources required under Laws 
24.9 	2016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study 
24.10 	recommendations and assessments.
24.11 	(c) This subdivision expires December 1, 2019.

24.12 	Sec. 15. Minnesota Statutes 2017 Supplement, section 84D.108, subdivision 2c, is amended 
24.13 	to read:
24.14 		Subd. 2c.Cross Lake pilot study. (a) The commissioner may include an additional 
24.15 	targeted pilot study to include water-related equipment with zebra mussels attached for the 
24.16 	Cross Lake #1 State water access Site sites on Cross Lake (DNR Division of Waters number 
24.17 	18-0312) in Crow Wing County using the same authorities, general procedures, and 
24.18 	requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The place 
24.19 	of business of lake service providers participating in the Cross Lake targeted pilot study 
24.20 	must be located in Cass or Crow Wing County.
24.21 	(b) If an additional targeted pilot project for Cross Lake is implemented under this 
24.22 	section, the report to the chairs and ranking minority members of the senate and house of 
24.23 	representatives committees having jurisdiction over natural resources required under Laws 
24.24 	2016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot 
24.25 	study recommendations and assessments.
24.26 	(c) This subdivision expires December 1, 2019.

24.27 	Sec. 16. Minnesota Statutes 2017 Supplement, section 85.0146, subdivision 1, is amended 
24.28 	to read:
24.29 		Subdivision 1.Advisory council created. The Cuyuna Country State Recreation Area 
24.30 	Citizens Advisory Council is established. Membership on the advisory council shall include:
24.31 	(1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers Board
24.32 	Cuyuna Range Economic Development, Inc.;
25.1 	(2) a representative of for the Croft Mine Historical Park Joint Powers Boardappointed 
25.2 	by the members of the Cuyuna Country State Recreation Area Citizens Advisory Council 
25.3 	who are appointed under clauses (1) and (4) to (13);
25.4 	(3) a designee of the Cuyuna Range Mineland Reclamation Committee who has worked 
25.5 	as a miner in the local area member at large appointed by the members of the Cuyuna 
25.6 	Country State Recreation Area Citizens Advisory Council who are appointed under clauses 
25.7 	(1) and (4) to (13);
25.8 	(4) a representative of the Crow Wing County Board;
25.9 	(5) an elected state official the state senator representing the state recreation area;
25.10 	(6) the member from the state house of representatives representing the state recreation 
25.11 	area;
25.12 	(7) a representative of the Grand Rapids regional office of the Department of Natural 
25.13 	Resources;
25.14 	(7) (8) a designee of the commissioner of Iron Range resources and rehabilitation;
25.15 	(8) (9) a designee of the local business community selected by the area chambers of 
25.16 	commerce;
25.17 	(9) (10) a designee of the local environmental community selected by the Crow Wing 
25.18 	County District 5 commissioner;
25.19 	(10) (11) a designee of a local education organization selected by the Crosby-Ironton 
25.20 	School Board;
25.21 	(11) (12) a designee of one of the recreation area user groups selected by the Cuyuna 
25.22 	Range Chamber of Commerce; and
25.23 	(12) (13) a member of the Cuyuna Country Heritage Preservation Society.

25.24 	Sec. 17. Minnesota Statutes 2016, section 86B.005, subdivision 8a, is amended to read:
25.25 		Subd. 8a.Marine carbon monoxide detection system. "Marine carbon monoxide 
25.26 	detection system" means a device or system that meets the requirements of the American 
25.27 	Boat and Yacht Council Standard A-24, July, 2015, for carbon monoxide detection systems.
25.28 	for detecting carbon monoxide that is certified by a nationally recognized testing laboratory 
25.29 	to conform to current UL Standards for use on recreational boats.

26.1 	Sec. 18. Minnesota Statutes 2016, section 86B.532, subdivision 1, is amended to read:
26.2 		Subdivision 1.Requirements; installation. (a) No motorboat used for recreational 
26.3 	purposes that has an enclosed accommodation compartment may be operated on any waters 
26.4 	of the state unless the motorboat is equipped with a functioning marine carbon monoxide 
26.5 	detection system installed according to the manufacturer's instructions and this subdivision.
26.6 	(b) After May 1, 2017, No new motorboat used for recreational purposes that has an 
26.7 	enclosed accommodation compartment may be sold or offered for sale in Minnesota unless 
26.8 	the motorboat is equipped with a new functioning marine carbon monoxide detection system 
26.9 	installed according to the manufacturer's instructions and this subdivision.
26.10 	(c) A marine carbon monoxide detection system must be located:
26.11 	(1) to monitor the atmosphere of the enclosed accommodation compartment; and
26.12 	(2) within ten feet or 3.048 meters of any designated sleeping accommodations.
26.13 	(d) A marine carbon monoxide detection system, including a sensor, must not be located 
26.14 	within five feet or 1.52 meters of any cooking appliance.

26.15 	Sec. 19. Minnesota Statutes 2016, section 88.10, is amended by adding a subdivision to 
26.16 	read:
26.17 		Subd. 3.Wildland firefighters; training and licensing. Forest officers and all 
26.18 	individuals employed as wildland firefighters under this chapter are not subject to the 
26.19 	requirements of chapter 299N.

26.20 	Sec. 20. Minnesota Statutes 2016, section 88.75, subdivision 1, is amended to read:
26.21 		Subdivision 1.Misdemeanor offenses; damages; injunctive relief. (a) Any person 
26.22 	who violates any of the provisions of sections 88.03 to 88.22 for which no specific penalty 
26.23 	is therein prescribed shall be guilty of a misdemeanor and be punished accordingly.
26.24 	(b) Failure by any person to comply with any provision or requirement of sections 88.03
26.25 	to 88.22 to which such person is subject shall be deemed a violation thereof.
26.26 	(c) Any person who violates any provisions of sections 88.03 to 88.22, in addition to 
26.27 	any penalties therein prescribed, or hereinbefore in this section prescribed, for such violation, 
26.28 	shall also be liable in full damages to any and every person suffering loss or injury by reason 
26.29 	of such violation, including liability to the state, and any of its political subdivisions, for 
26.30 	all expenses incurred in fighting or preventing the spread of, or extinguishing, any fire 
26.31 	caused by, or resulting from, any violation of these sections. Notwithstanding any statute 
27.1 	to the contrary, an attorney who is licensed to practice law in Minnesota and is an employee 
27.2 	of the Department of Natural Resources may represent the commissioner in proceedings 
27.3 	under this subdivision that are removed to district court from conciliation court. All expenses 
27.4 	so collected by the state shall be deposited in the general fund. When a fire set by any person 
27.5 	spreads to and damages or destroys property belonging to another, the setting of the fire 
27.6 	shall be prima facie evidence of negligence in setting and allowing the same to spread.
27.7 	(d) At any time the state, or any political subdivision thereof, either of its own motion, 
27.8 	or at the suggestion or request of the director, may bring an action in any court of competent 
27.9 	jurisdiction to restrain, enjoin, or otherwise prohibit any violation of sections 88.03 to 88.22, 
27.10 	whether therein described as a crime or not, and likewise to restrain, enjoin, or prohibit any 
27.11 	person from proceeding further in, with, or at any timber cutting or other operations without 
27.12 	complying with the provisions of those sections, or the requirements of the director pursuant 
27.13 	thereto; and the court may grant such relief, or any other appropriate relief, whenever it 
27.14 	shall appear that the same may prevent loss of life or property by fire, or may otherwise aid 
27.15 	in accomplishing the purposes of sections 88.03 to 88.22.

27.16 	Sec. 21. Minnesota Statutes 2017 Supplement, section 89.17, is amended to read:
27.17 	89.17 LEASES AND PERMITS.
27.18 	(a) Notwithstanding the permit procedures of chapter 90, the commissioner may grant 
27.19 	and execute, in the name of the state, leases and permits for the use of any forest lands under 
27.20 	the authority of the commissioner for any purpose that in the commissioner's opinion is not 
27.21 	inconsistent with the maintenance and management of the forest lands, on forestry principles 
27.22 	for timber production. Every such lease or permit is revocable at the discretion of the 
27.23 	commissioner at any time subject to such conditions as may be agreed on in the lease. The 
27.24 	approval of the commissioner of administration is not required upon any such lease or 
27.25 	permit. No such lease or permit for a period exceeding 21 years shall be granted except with 
27.26 	the approval of the Executive Council.
27.27 	(b) Public access to the leased land for outdoor recreation is the same as access would 
27.28 	be under state management.
27.29 	(c) Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable costs 
27.30 	incurred for preparing and issuing the lease, all remaining proceeds from leasing school 
27.31 	trust land and university land for roads on forest lands must be deposited into the respective 
27.32 	permanent fund for the lands.
28.1 	(d) The commissioner may require a performance bond, security deposit, or other form 
28.2 	of security for removing any improvements or personal property left on the leased premises 
28.3 	by the lessee upon termination or cancellation of the lease.

28.4 	Sec. 22. Minnesota Statutes 2016, section 89.551, is amended to read:
28.5 	89.551 APPROVED FIREWOOD REQUIRED.
28.6 	(a) After the commissioner issues an order under paragraph (b), a person may not possess 
28.7 	firewood on land administered by the commissioner of natural resources unless the firewood:
28.8 	(1) was obtained from a firewood distribution facility located on land administered by 
28.9 	the commissioner;
28.10 	(2) was obtained from a firewood dealer who is selling firewood that is approved by the 
28.11 	commissioner under paragraph (b); or
28.12 	(3) has been approved by the commissioner of natural resources under paragraph (b).
28.13 	(b) The commissioner of natural resources shall, by written order published in the State 
28.14 	Register, approve firewood for possession on lands administered by the commissioner. The 
28.15 	order is not subject to the rulemaking provisions of chapter 14, and section 14.386 does not 
28.16 	apply.
28.17 	(c) A violation under this section is subject to confiscation of firewood and after May 
28.18 	1, 2008, confiscation and a $100 penalty. A firewood dealer shall be subject to confiscation 
28.19 	and assessed a $100 penalty for each sale of firewood not approved under the provisions 
28.20 	of this section and sold for use on land administered by the commissioner.
28.21 	(d) For the purposes of this section, "firewood" means any wood that is intended for use 
28.22 	in a campfire, as defined in section 88.01, subdivision 25.

28.23 	Sec. 23. Minnesota Statutes 2016, section 92.50, is amended by adding a subdivision to 
28.24 	read:
28.25 		Subd. 3.Security requirement. The commissioner may require a performance bond, 
28.26 	security deposit, or other form of security for removing any improvements or personal 
28.27 	property left on the leased premises by the lessee upon termination or cancellation of the 
28.28 	lease.

29.1 	Sec. 24. Minnesota Statutes 2016, section 94.10, subdivision 2, is amended to read:
29.2 		Subd. 2.Public sale requirements. (a) After complying with subdivision 1 and before 
29.3 	any public sale of surplus state-owned land is made and at least 30 days before the sale, the 
29.4 	commissioner of natural resources shall publish a notice of the sale in a newspaper of general 
29.5 	distribution in the county in which the real property to be sold is situated. The notice shall 
29.6 	specify the time and place at which the sale will commence, a general description of the 
29.7 	lots or tracts to be offered, and a general statement of the terms of sale. The commissioner 
29.8 	shall also provide electronic notice of sale.
29.9 	(b) The minimum bid for a parcel of land must include the estimated value or appraised 
29.10 	value of the land and any improvements and, if any of the land is valuable for merchantable 
29.11 	timber, the value of the merchantable timber. The minimum bid may include expenses 
29.12 	incurred by the commissioner in rendering the property salable, including survey, appraisal, 
29.13 	legal, advertising, and other expenses.
29.14 	(c) The purchaser of state land must pay recording fees and the state deed tax.
29.15 	(d) Except as provided under paragraph (e), parcels remaining unsold after the offering 
29.16 	may be sold to anyone agreeing to pay at least 75 percent of the appraised value. The sale 
29.17 	shall continue until all parcels are sold or until the commissioner orders a reappraisal or 
29.18 	withdraws the remaining parcels from sale.
29.19 	(e) The commissioner may retain the services of a licensed real estate broker to find a 
29.20 	buyer for parcels remaining unsold after the offering. The sale price may be negotiated by 
29.21 	the broker, but must not be less than 90 percent of the appraised value as determined by the 
29.22 	commissioner. The broker's fee must be established by prior agreement between the 
29.23 	commissioner and the broker and must not exceed ten percent of the sale price for sales of 
29.24 	$10,000 or more. The broker's fee must be paid to the broker from the proceeds of the sale.
29.25 	(f) Public sales of surplus state-owned land may be conducted through online auctions.

29.26 	Sec. 25. Minnesota Statutes 2016, section 97A.051, subdivision 2, is amended to read:
29.27 		Subd. 2.Summary of fish and game laws. (a) The commissioner shall prepare a 
29.28 	summary of the hunting and fishing laws and rules and deliver a sufficient supply to license 
29.29 	vendors to furnish one copy to each person obtaining a hunting, fishing, or trapping license.
29.30 	(b) At the beginning of the summary, under the heading "Trespass," the commissioner 
29.31 	shall summarize the trespass provisions under sections 97B.001 to 97B.945, state that 
29.32 	conservation officers and peace officers must enforce the trespass laws, and state the penalties 
29.33 	for trespassing.
30.1 	(c) In the summary the commissioner shall, under the heading "Duty to Render Aid," 
30.2 	summarize the requirements under section 609.662 and state the penalties for failure to 
30.3 	render aid to a person injured by gunshot.

30.4 	Sec. 26. Minnesota Statutes 2017 Supplement, section 97A.075, subdivision 1, is amended 
30.5 	to read:
30.6 		Subdivision 1.Deer, bear, and lifetime licenses. (a) For purposes of this subdivision, 
30.7 	"deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5), 
30.8 	(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and 
30.9 	8, paragraph (b), and licenses issued under section 97B.301, subdivision 4.
30.10 	(b) $16 from each annual deer license issued under section 97A.475, subdivisions 2, 
30.11 	clauses (5), (6), and (7); 3, paragraph (a), clauses (2), (3), and (4); and 8, paragraph (b); $2 
30.12 	from each annual deer license and $2 issued under sections 97A.475, subdivisions 2, clauses 
30.13 	(13), (14), and (15); and 3, paragraph (a), clauses (10), (11), and (12); and 97B.301, 
30.14 	subdivision 4; $16 annually from the lifetime fish and wildlife trust fund, established in 
30.15 	section 97A.4742, for each license issued to a person 18 years of age or older under section 
30.16 	97A.473, subdivision 4,; and $2 annually from the lifetime fish and wildlife trust fund for 
30.17 	each license issued to a person under 18 years of age shall be credited to the deer management 
30.18 	account and is appropriated to the commissioner for deer habitat improvement or deer 
30.19 	management programs.
30.20 	(c) $1 from each annual deer license and each bear license and $1 annually from the 
30.21 	lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued 
30.22 	under section 97A.473, subdivision 4, shall be credited to the deer and bear management 
30.23 	account and is appropriated to the commissioner for deer- and bear-management programs, 
30.24 	including a computerized licensing system.
30.25 	(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild 
30.26 	Cervidae health-management account and is appropriated for emergency deer feeding and 
30.27 	wild Cervidae health management. Money appropriated for emergency deer feeding and 
30.28 	wild Cervidae health management is available until expended.
30.29 	When the unencumbered balance in the appropriation for emergency deer feeding and 
30.30 	wild Cervidae health management exceeds $2,500,000 at the end of a fiscal year, the 
30.31 	unencumbered balance in excess of $2,500,000 is canceled and available for deer- and 
30.32 	bear-management programs and computerized licensing.

31.1 	Sec. 27. [97A.409] VOTER REGISTRATION INFORMATION.
31.2 	(a) On the Department of Natural Resources online license sales Web site for purchasing 
31.3 	a resident license to hunt or fish that is required under the game and fish laws, the 
31.4 	commissioner must include the voter registration eligibility requirements and a description 
31.5 	of how to register to vote before or on election day. On the Web page where an individual 
31.6 	has the option to print a license to hunt or fish, the commissioner must include a direct link 
31.7 	to the secretary of state's online voter registration Web page.
31.8 	(b) In the printed and digital versions of fishing regulations and hunting and trapping 
31.9 	regulations, the commissioner must include the voter registration eligibility requirements, 
31.10 	a description of how to register to vote before or on election day, and a link to the secretary 
31.11 	of state's online voter registration Web page. In addition, the commissioner must include a 
31.12 	voter registration application in the printed and digital versions of fishing regulations and 
31.13 	hunting and trapping regulations.
31.14 	(c) The secretary of state must provide the required voter registration information to the 
31.15 	commissioner. The secretary of state must prepare and approve an alternate form of the 
31.16 	voter registration application to be used in the regulations.

31.17 	EFFECTIVE DATE. Paragraph (a) is effective on August 1, 2018, and applies to 
31.18 	licenses issued on or after March 1, 2019. Paragraph (b) is effective on August 1, 2018, and 
31.19 	applies to printed and digital versions of regulations updated on or after that date.

31.20 	Sec. 28. Minnesota Statutes 2016, section 97A.433, subdivision 4, is amended to read:
31.21 		Subd. 4.Discretionary separate selection; eligibility. (a) The commissioner may 
31.22 	conduct a separate selection for up to 20 percent of the elk licenses to be issued for an area. 
31.23 	Only owners of, and tenants living on, at least 160 acres of agricultural or grazing land in 
31.24 	the area, and their family members, are eligible for the separate selection. Persons that are 
31.25 	unsuccessful in a separate selection must be included in the selection for the remaining 
31.26 	licenses. Persons who obtain an elk license in a separate selection must allow public elk 
31.27 	hunting on their land during the elk season for which the license is valid may sell the license 
31.28 	to any Minnesota resident eligible to hunt big game for no more than the original cost of 
31.29 	the license.
31.30 	(b) The commissioner may by rule establish criteria for determining eligible family 
31.31 	members under this subdivision.

32.1 	Sec. 29. Minnesota Statutes 2016, section 97A.433, subdivision 5, is amended to read:
32.2 		Subd. 5.Mandatory separate selection. The commissioner must conduct a separate 
32.3 	selection for 20 percent of the elk licenses to be issued each year. Only individuals who 
32.4 	have applied at least ten times for an elk license and who have never received a license are 
32.5 	eligible for this separate selection. A person who is unsuccessful in a separate selection 
32.6 	under this subdivision must be included in the selection for the remaining licenses.

32.7 	Sec. 30. Minnesota Statutes 2016, section 97B.015, subdivision 6, is amended to read:
32.8 		Subd. 6.Provisional certificate for persons with permanent physical or 
32.9 	developmental disability. Upon the recommendation of a course instructor, the 
32.10 	commissioner may issue a provisional firearms safety certificate to a person who satisfactorily 
32.11 	completes the classroom portion of the firearms safety course but is unable to pass the 
32.12 	written or an alternate format exam portion of the course because of a permanent physical 
32.13 	disability or developmental disability as defined in section 97B.1055, subdivision 1. The 
32.14 	certificate is valid only when used according to section 97B.1055.

32.15 	Sec. 31. Minnesota Statutes 2016, section 97B.1055, is amended to read:
32.16 	97B.1055 HUNTING BY PERSONS WITH A PERMANENT PHYSICAL OR 
32.17 	DEVELOPMENTAL DISABILITY.
32.18 		Subdivision 1.Definitions. For purposes of this section and section 97B.015, subdivision 
32.19 	6,:
32.20 	(a) A "person with developmental disability" means a person who has been diagnosed 
32.21 	as having substantial limitations in present functioning, manifested as significantly 
32.22 	subaverage intellectual functioning, existing concurrently with demonstrated deficits in 
32.23 	adaptive behavior, and who manifests these conditions before the person's 22nd birthday.
32.24 	(b) A "person with a related condition" means a person who meets the diagnostic 
32.25 	definition under section 252.27, subdivision 1a.
32.26 	(c) A "person with a permanent physical disability" means a person who has a physical 
32.27 	disability that prevents them from being able to navigate natural terrain or hold a firearm 
32.28 	for the purpose of a required field component for the firearm safety training program under 
32.29 	section 97B.020.
32.30 		Subd. 2.Obtaining a license. (a) Notwithstanding section 97B.020, a person with a 
32.31 	permanent physical disability or developmental disability may obtain a firearms hunting 
33.1 	license with a provisional firearms safety certificate issued under section 97B.015, 
33.2 	subdivision 6.
33.3 	(b) Any person accompanying or assisting a person with a permanent physical disability 
33.4 	or developmental disability under this section must possess a valid firearms safety certificate 
33.5 	issued by the commissioner.
33.6 		Subd. 3.Assistance required. A person who obtains a firearms hunting license under 
33.7 	subdivision 2 must be accompanied and assisted by a parent, guardian, or other adult person 
33.8 	designated by a parent or guardian when hunting. A person who is not hunting but is solely 
33.9 	accompanying and assisting a person with a permanent physical disability or developmental 
33.10 	disability need not obtain a hunting license.
33.11 		Subd. 4.Prohibited activities. (a) This section does not entitle a person to possess a 
33.12 	firearm if the person is otherwise prohibited from possessing a firearm under state or federal 
33.13 	law or a court order.
33.14 	(b) No person shall knowingly authorize or permit a person, who by reason of a permanent 
33.15 	physical disability or developmental disability is incapable of safely possessing a firearm, 
33.16 	to possess a firearm to hunt in the state or on any boundary water of the state.

33.17 	Sec. 32. Minnesota Statutes 2016, section 97C.345, subdivision 3a, is amended to read:
33.18 		Subd. 3a.Cast nets for gizzard shad. (a) Cast nets may be used only to take gizzard 
33.19 	shad for use as bait for angling:
33.20 	(1) from July 1 to November 30; and
33.21 	(2) from the Minnesota River downstream of Granite Falls, Mississippi River downstream 
33.22 	of St. Anthony Falls, and the St. Croix River downstream of the dam at Taylors Falls, 
33.23 	including portions described as Minnesota-Wisconsin boundary waters in Minnesota Rules, 
33.24 	part 6266.0500, subpart 1, items A and B, that are listed as infested waters as allowed under 
33.25 	section 84D.03, subdivision 3.
33.26 	(b) Cast nets used under this subdivision must be monofilament and may not exceed 
33.27 	seven five feet in diameter radius, and mesh size must be from three-eighths to five-eighths 
33.28 	inch bar measure. No more than two cast nets may be used at one time.
33.29 	(c) This subdivision expires December 1, 2017. The commissioner must report to the 
33.30 	chairs and ranking minority members of the house of representatives and senate committees 
33.31 	with jurisdiction over environment and natural resources by March 1, 2018, on the number 
34.1 	of permits issued, conservation impacts from the use of cast nets, and recommendations for 
34.2 	any necessary changes in statutes or rules.

34.3 	Sec. 33. Minnesota Statutes 2016, section 103B.3369, subdivision 5, is amended to read:
34.4 		Subd. 5.Financial assistance. A base grant, contract, or payment may be awarded to a 
34.5 	county or other local unit of government that provides a match utilizing a water 
34.6 	implementation tax or other local source. A water implementation tax that a county or other 
34.7 	local unit of government intends to use as a match to the base grant must be levied at a rate 
34.8 	sufficient to generate a minimum amount determined by the board. The board may award 
34.9 	performance-based or watershed-based grants, contracts, or payments to local units of 
34.10 	government that are responsible for implementing elements of applicable portions of 
34.11 	watershed management plans, comprehensive plans, local water management plans, or 
34.12 	comprehensive watershed management plans, developed or amended, adopted and approved, 
34.13 	according to chapter 103B, 103C, or 103D. Upon request by a local government unit, the 
34.14 	board may also award performance-based grants to local units of government to carry out 
34.15 	TMDL implementation plans as provided in chapter 114D, if the TMDL implementation 
34.16 	plan has been incorporated into the local water management plan according to the procedures 
34.17 	for approving comprehensive plans, watershed management plans, local water management 
34.18 	plans, or comprehensive watershed management plans under chapter 103B, 103C, or 103D, 
34.19 	or if the TMDL implementation plan has undergone a public review process. Notwithstanding 
34.20 	section 16A.41, the board may award performance-based grants, contracts, or payments on 
34.21 	an advanced basis. The fee authorized in section 40A.152 may be used as a local match or 
34.22 	as a supplement to state funding to accomplish implementation of comprehensive plans, 
34.23 	watershed management plans, local water management plans, or comprehensive watershed 
34.24 	management plans under this chapter and chapter 103C or 103D.

34.25 	Sec. 34. Minnesota Statutes 2016, section 103B.3369, subdivision 9, is amended to read:
34.26 		Subd. 9.Performance-based criteria. The board shall develop and utilize 
34.27 	performance-based or eligibility criteria for local water resources restoration, protection, 
34.28 	and management programs and projects. The criteria may include but are not limited to 
34.29 	science-based assessments, organizational capacity, priority resource issues, community 
34.30 	outreach and support, partnership potential, potential for multiple benefits, and program 
34.31 	and project delivery efficiency and effectiveness.

34.32 	Sec. 35. [103B.461] RED RIVER BASIN COMMISSION.
34.33 		Subdivision 1.Purposes. The Red River Basin Commission was created to:
35.1 	(1) facilitate transboundary and basin-wide dialogue and consultation with citizens, land 
35.2 	users, organizations, and governments; and
35.3 	(2) coordinate basin-wide interstate and international efforts on water management, 
35.4 	including but not limited to flood mitigation, water quality, water supply, drainage, aquatic 
35.5 	health, and recreation.
35.6 		Subd. 2.Membership. The Red River Basin Commission must have basin-wide 
35.7 	representation of members and alternates to serve on the commission consistent with the 
35.8 	adopted bylaws of the commission. Selection and terms of members are as defined in the 
35.9 	commission's bylaws.
35.10 		Subd. 3.Duties. The Red River Basin Commission must:
35.11 	(1) develop and coordinate comprehensive water management goals for the Red River 
35.12 	basin by aligning the work plans in the major watersheds in the states of Minnesota, North 
35.13 	Dakota, and South Dakota and the Canadian province of Manitoba;
35.14 	(2) advise on developing and using systems to monitor and evaluate the Red River basin 
35.15 	and incorporating the data obtained from these systems into planning and implementation 
35.16 	processes;
35.17 	(3) conduct public meetings at locations in the Red River basin regarding the public's 
35.18 	perspective on water resource issues, needs, and priorities in the basin;
35.19 	(4) conduct an ongoing information and education program on water management in 
35.20 	the Red River basin, including an annual conference;
35.21 	(5) advise on developing projects in the major watersheds that are scientifically sound, 
35.22 	have landowner and local government support, and reduce potential flood damages and 
35.23 	inputs of pollutants into the Red River;
35.24 	(6) develop and implement a framework plan for natural resources and provide periodic 
35.25 	budget requests and reports to the governors of Minnesota, North Dakota, and South Dakota, 
35.26 	to the premier of Manitoba, and to the respective legislatures, provincial members, and 
35.27 	congressional representatives of the respective states and province regarding progress on 
35.28 	meeting water management goals and funding or policy recommendations;
35.29 	(7) administer funds for implementing projects and track and report the results achieved 
35.30 	for each project; and
35.31 	(8) assess the collective work in the Red River basin and make recommendations to the 
35.32 	states of Minnesota, North Dakota, and South Dakota, to the Canadian province of Manitoba, 
36.1 	and to their respective legislatures, provincial members, and congressional representatives 
36.2 	on the actions needed to sustain or accelerate components of the framework plan for natural 
36.3 	resources in the Red River basin and the major watersheds of the Red River basin.

36.4 	Sec. 36. Minnesota Statutes 2016, section 103B.801, subdivision 2, is amended to read:
36.5 		Subd. 2.Program purposes. The purposes of the comprehensive watershed management 
36.6 	plan program under section 103B.101, subdivision 14, paragraph (a), are to:
36.7 	(1) align local water planning purposes and procedures under this chapter and chapters 
36.8 	103C and 103D on watershed boundaries to create a systematic, watershed-wide, 
36.9 	science-based approach to watershed management;
36.10 	(2) acknowledge and build off existing local government structure, water plan services, 
36.11 	and local capacity;
36.12 	(3) incorporate and make use of data and information, including watershed restoration 
36.13 	and protection strategies under section 114D.26, which may serve to fulfill all or some of 
36.14 	the requirements under chapter 114D;
36.15 	(4) solicit input and engage experts from agencies, citizens, and stakeholder groups;
36.16 	(5) focus on implementation of prioritized and targeted actions capable of achieving 
36.17 	measurable progress; and
36.18 	(6) serve as a substitute for a comprehensive plan, local water management plan, or 
36.19 	watershed management plan developed or amended, approved, and adopted, according to 
36.20 	this chapter or chapter 103C or 103D.

36.21 	Sec. 37. Minnesota Statutes 2016, section 103B.801, subdivision 5, is amended to read:
36.22 		Subd. 5.Timelines; administration. (a) The board shall develop and adopt, by June 
36.23 	30, 2016, a transition plan for development, approval, adoption, and coordination of plans 
36.24 	consistent with section 103A.212. The transition plan must include a goal of completing 
36.25 	statewide transition to comprehensive watershed management plans by 2025. The 
36.26 	metropolitan area may be considered for inclusion in the transition plan. The board may 
36.27 	amend the transition plan no more often than once every two years.
36.28 	(b) The board may use the authority under section 103B.3369, subdivision 9, to support 
36.29 	development or implementation of a comprehensive watershed management plan under this 
36.30 	section.

37.1 	Sec. 38. Minnesota Statutes 2016, section 103F.361, subdivision 2, is amended to read:
37.2 		Subd. 2.Legislative intent. It is the intent of sections 103F.361 to 103F.377 to authorize 
37.3 	and direct the board and the counties zoning authorities to implement the plan for the 
37.4 	Mississippi headwaters area.

37.5 	Sec. 39. Minnesota Statutes 2016, section 103F.363, subdivision 1, is amended to read:
37.6 		Subdivision 1.Generally. Sections 103F.361 to 103F.377 apply to the counties of 
37.7 	Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrison and all other 
37.8 	zoning authorities.

37.9 	Sec. 40. Minnesota Statutes 2016, section 103F.365, is amended by adding a subdivision 
37.10 	to read:
37.11 		Subd. 5.Zoning authority. "Zoning authority" means counties, organized townships, 
37.12 	local and special governmental units, joint powers boards, councils, commissions, boards, 
37.13 	districts, and all state agencies and departments within the corridor defined by the plan, 
37.14 	excluding statutory or home rule charter cities.

37.15 	Sec. 41. Minnesota Statutes 2016, section 103F.371, is amended to read:
37.16 	103F.371 RESPONSIBILITIES OF OTHER GOVERNMENTAL UNITS.
37.17 	(a) All local and special governmental units, councils, commissions, boards and districts 
37.18 	and all state agencies and departments must exercise their powers so as to further the purposes 
37.19 	of sections 103F.361 to 103F.377 and the plan. Land owned by the state, its agencies, and 
37.20 	political subdivisions shall be administered in accordance with the plan. The certification 
37.21 	procedure under section 103F.373 applies to all zoning authorities in the corridor defined 
37.22 	by the plan.
37.23 	(b) Actions that comply with the land use ordinance are consistent with the plan. Actions 
37.24 	that do not comply with the ordinance may not be started until the board has been notified 
37.25 	and given an opportunity to review and comment on the consistency of the action with this 
37.26 	section.

37.27 	Sec. 42. Minnesota Statutes 2016, section 103F.373, subdivision 1, is amended to read:
37.28 		Subdivision 1.Purpose. To assure ensure that the plan is not nullified by unjustified 
37.29 	exceptions in particular cases and to promote uniformity in the treatment of applications 
37.30 	for exceptions, a review and certification procedure is established for the following categories 
38.1 	of land use actions taken by the counties and zoning authorities directly or indirectly affecting 
38.2 	land use within the area covered by the plan:
38.3 	(1) the adoption or amendment of an ordinance regulating the use of land, including 
38.4 	rezoning of particular tracts of land;
38.5 	(2) the granting of a variance from provisions of the land use ordinance; and
38.6 	(3) the approval of a plat which is inconsistent with the land use ordinance.

38.7 	Sec. 43. Minnesota Statutes 2016, section 103F.373, subdivision 3, is amended to read:
38.8 		Subd. 3.Procedure for certification. A copy of the notices of public hearings or, when 
38.9 	a hearing is not required, a copy of the application to consider an action of a type specified 
38.10 	in subdivision 1, clauses (1) to (3), must be forwarded to the board by the county zoning 
38.11 	authority at least 15 days before the hearing or meetings to consider the actions. The county
38.12 	zoning authority shall notify the board of its final decision on the proposed action within 
38.13 	ten days of the decision. By 30 days after the board receives the notice, the board shall 
38.14 	notify the county zoning authority and the applicant of its the board's approval or disapproval 
38.15 	of the proposed action.

38.16 	Sec. 44. Minnesota Statutes 2016, section 103F.373, subdivision 4, is amended to read:
38.17 		Subd. 4.Disapproval of actions. (a) If a notice of disapproval is issued by the board, 
38.18 	the county zoning authority or the applicant may, within 30 days of the notice, file with the 
38.19 	board a demand for a hearing. If a demand is not filed within the 30-day period, the 
38.20 	disapproval becomes final.
38.21 	(b) If a demand is filed within the 30-day period, a hearing must be held within 60 days 
38.22 	of demand. The hearing must be preceded by two weeks' published notice. Within 30 days 
38.23 	after the hearing, the board must:
38.24 	(1) affirm its disapproval of the proposed action; or
38.25 	(2) certify approval of the proposed action.

38.26 	Sec. 45. [103F.452] APPLICABILITY.
38.27 	The provisions of sections 103F.415 to 103F.455 are not applicable without the adoption 
38.28 	of an ordinance by the county or local government unit.

39.1 	Sec. 46. Minnesota Statutes 2017 Supplement, section 103G.222, subdivision 3, is amended 
39.2 	to read:
39.3 		Subd. 3.Wetland replacement siting. (a) Impacted wetlands outside of a greater than 
39.4 	80 percent area must not be replaced in a greater than 80 percent area. All wetland 
39.5 	replacement must follow this priority order:
39.6 	(1) in the same minor watershed as the impacted wetland;
39.7 	(2) in the same watershed as the impacted wetland;
39.8 	(3) in the same wetland bank service area as the impacted wetland; and
39.9 	(4) in another wetland bank service area.
39.10 	(b) Notwithstanding paragraph (a), wetland banking credits approved according to a 
39.11 	complete wetland banking application submitted to a local government unit by April 1, 
39.12 	1996, may be used to replace wetland impacts resulting from public transportation projects 
39.13 	statewide.
39.14 	(c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement 
39.15 	by wetland banking begins at paragraph (a), clause (3), according to rules adopted under 
39.16 	section 103G.2242, subdivision 1.
39.17 	(d) When reasonable, practicable, and environmentally beneficial replacement 
39.18 	opportunities are not available in siting priorities listed in paragraph (a), the applicant may 
39.19 	seek opportunities at the next level.
39.20 	(e) For the purposes of this section, "reasonable, practicable, and environmentally 
39.21 	beneficial replacement opportunities" are defined as opportunities that:
39.22 	(1) take advantage of naturally occurring hydrogeomorphological conditions and require 
39.23 	minimal landscape alteration;
39.24 	(2) have a high likelihood of becoming a functional wetland that will continue in 
39.25 	perpetuity;
39.26 	(3) do not adversely affect other habitat types or ecological communities that are 
39.27 	important in maintaining the overall biological diversity of the area; and
39.28 	(4) are available and capable of being done after taking into consideration cost, existing 
39.29 	technology, and logistics consistent with overall project purposes.
40.1 	(f) Regulatory agencies, local government units, and other entities involved in wetland 
40.2 	restoration shall collaborate to identify potential replacement opportunities within their 
40.3 	jurisdictional areas.
40.4 	(g) The board must establish wetland replacement ratios and wetland bank service area 
40.5 	priorities to implement the siting and targeting of wetland replacement and encourage the 
40.6 	use of high priority areas for wetland replacement.
40.7 	(h) Wetland replacement sites identified in accordance with the priority order for 
40.8 	replacement siting in paragraph (a) as part of the completion of an adequate environmental 
40.9 	impact statement may be approved for a replacement plan under section 93.481, 103G.2242, 
40.10 	or 103G.2243 without further modification related to the priority order, notwithstanding 
40.11 	availability of new mitigation sites or availability of credits after completion of an adequate 
40.12 	environmental impact statement. Wetland replacement plan applications must be submitted 
40.13 	within one year of the adequacy determination of the environmental impact statement to be 
40.14 	eligible for approval under this paragraph.
40.15 	(i) The wetland replacement priority order under paragraph (a), clauses (1) to (4), does 
40.16 	not apply to project-specific replacement sites intended to bank credits for single-user banks 
40.17 	before January 1, 2009.

40.18 	Sec. 47. Minnesota Statutes 2017 Supplement, section 103G.2242, subdivision 1, is 
40.19 	amended to read:
40.20 		Subdivision 1.Rules. (a) The board, in consultation with the commissioner, shall adopt 
40.21 	rules governing the approval of wetland value replacement plans under this section and 
40.22 	public-waters-work permits affecting public waters wetlands under section 103G.245. These 
40.23 	rules must address the criteria, procedure, timing, and location of acceptable replacement 
40.24 	of wetland values and may address the state establishment and administration of a wetland 
40.25 	banking program for public and private projects, including provisions for an in-lieu fee 
40.26 	program; the administrative, monitoring, and enforcement procedures to be used; and a 
40.27 	procedure for the review and appeal of decisions under this section. In the case of peatlands, 
40.28 	the replacement plan rules must consider the impact on carbon. Any in-lieu fee program 
40.29 	established by the board must conform with Code of Federal Regulations, title 33, section 
40.30 	332.8, as amended.
40.31 	(b) After the adoption of the rules, a replacement plan must be approved by a resolution 
40.32 	of the governing body of the local government unit, consistent with the provisions of the 
40.33 	rules or a comprehensive wetland protection and management plan approved under section 
40.34 	103G.2243.
41.1 	(c) If the local government unit fails to apply the rules, or fails to implement a local 
41.2 	comprehensive wetland protection and management plan established under section 
41.3 	103G.2243, the government unit is subject to penalty as determined by the board.
41.4 	(d) When making a determination under rules adopted pursuant to this subdivision on 
41.5 	whether a rare natural community will be permanently adversely affected, consideration of 
41.6 	measures to mitigate any adverse effect on the community must be considered. Wetland 
41.7 	banking credits shall be an acceptable mitigation measure for any adverse effects on a rare 
41.8 	natural community. The Department of Natural Resources may approve a wetland 
41.9 	replacement plan that includes restoration or credits from rare natural communities of 
41.10 	substantially comparable character and public value as mitigation for any rare natural 
41.11 	community adversely affected by a project.

41.12 	Sec. 48. Minnesota Statutes 2016, section 103G.2242, subdivision 14, is amended to read:
41.13 		Subd. 14.Fees established. (a) Fees must be assessed for managing wetland bank 
41.14 	accounts and transactions as follows:
41.15 	(1) account maintenance annual fee: one percent of the value of credits not to exceed 
41.16 	$500;
41.17 	(2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not to 
41.18 	exceed $1,000 per establishment, deposit, or transfer; and
41.19 	(3) withdrawal fee: 6.5 percent of the value of credits withdrawn.
41.20 	(b) The board may must establish fees at or based on costs to the agency below the 
41.21 	amounts in paragraph (a) for single-user or other dedicated wetland banking accounts.
41.22 	(c) Fees for single-user or other dedicated wetland banking accounts established pursuant 
41.23 	to section 103G.005, subdivision 10i, clause (4), are limited to establishment of a wetland 
41.24 	banking account and are assessed at the rate of 6.5 percent of the value of the credits not to 
41.25 	exceed $1,000.
41.26 	(d) The board may assess a fee to pay the costs associated with establishing conservation 
41.27 	easements, or other long-term protection mechanisms prescribed in the rules adopted under 
41.28 	subdivision 1, on property used for wetland replacement.

42.1 	Sec. 49. Minnesota Statutes 2016, section 114D.15, is amended by adding a subdivision 
42.2 	to read:
42.3 		Subd. 3a.Comprehensive local water management plan. "Comprehensive local water 
42.4 	management plan" has the meaning given under section 103B.3363, subdivision 3.

42.5 	Sec. 50. Minnesota Statutes 2016, section 114D.15, is amended by adding a subdivision 
42.6 	to read:
42.7 		Subd. 3b.Comprehensive watershed management plan. "Comprehensive watershed 
42.8 	management plan" has the meaning given under section 103B.3363, subdivision 3a.

42.9 	Sec. 51. Minnesota Statutes 2016, section 114D.15, subdivision 7, is amended to read:
42.10 		Subd. 7.Restoration. "Restoration" means actions, including effectiveness monitoring, 
42.11 	that are taken to pursue, achieve, and maintain water quality standards for impaired waters 
42.12 	in accordance with a TMDL that has been approved by the United States Environmental 
42.13 	Protection Agency under federal TMDL requirements.

42.14 	Sec. 52. Minnesota Statutes 2016, section 114D.15, subdivision 11, is amended to read:
42.15 		Subd. 11.TMDL implementation plan. "TMDL implementation plan" means:
42.16 	(1) a document detailing restoration activities needed to meet the approved TMDL's 
42.17 	pollutant load allocations for point and nonpoint sources.; or
42.18 	(2) one of the following that the commissioner of the Pollution Control Agency 
42.19 	determines to be, in whole or part, sufficient to meet applicable water quality standards:
42.20 	(i) a comprehensive watershed management plan;
42.21 	(ii) a comprehensive local water management plan; or
42.22 	(iii) an existing statewide or regional strategy published by the Pollution Control Agency.

42.23 	Sec. 53. Minnesota Statutes 2016, section 114D.15, subdivision 13, is amended to read:
42.24 		Subd. 13.Watershed restoration and protection strategy or WRAPS. "Watershed 
42.25 	restoration and protection strategy" or "WRAPS" means a document summarizing scientific 
42.26 	studies of a major watershed no larger than at approximately a hydrologic unit code 8 scale
42.27 	including the physical, chemical, and biological assessment of the water quality of the 
42.28 	watershed; identification of impairments and water bodies in need of protection; identification 
42.29 	of biotic stressors and sources of pollution, both point and nonpoint; TMDL's for the 
43.1 	impairments; and an implementation table containing information to support strategies and 
43.2 	actions designed to achieve and maintain water quality standards and goals.

43.3 	Sec. 54. Minnesota Statutes 2016, section 114D.20, subdivision 2, is amended to read:
43.4 		Subd. 2.Goals for implementation. The following goals must guide the implementation 
43.5 	of this chapter:
43.6 	(1) to identify impaired waters in accordance with federal TMDL requirements within 
43.7 	ten years after May 23, 2006, and thereafter to ensure continuing evaluation of surface 
43.8 	waters for impairments;
43.9 	(2) to submit TMDL's to the United States Environmental Protection Agency for all 
43.10 	impaired waters in a timely manner in accordance with federal TMDL requirements;
43.11 	(3) to set a reasonable time inform and support strategies for implementing restoration 
43.12 	of each identified impaired water and protection activities in a reasonable time period;
43.13 	(4) to systematically evaluate waters, to provide assistance and incentives to prevent 
43.14 	waters from becoming impaired, and to improve the quality of waters that are listed as 
43.15 	impaired but do not have an approved TMDL addressing the impairment;
43.16 	(5) to promptly seek the delisting of waters from the impaired waters list when those 
43.17 	waters are shown to achieve the designated uses applicable to the waters;
43.18 	(6) to achieve compliance with federal Clean Water Act requirements in Minnesota;
43.19 	(7) to support effective measures to prevent the degradation of groundwater according 
43.20 	to the groundwater degradation prevention goal under section 103H.001; and
43.21 	(8) to support effective measures to restore degraded groundwater.

43.22 	Sec. 55. Minnesota Statutes 2016, section 114D.20, subdivision 3, is amended to read:
43.23 		Subd. 3.Implementation policies. The following policies must guide the implementation 
43.24 	of this chapter:
43.25 	(1) develop regional and, multiple pollutant, or watershed TMDL's and TMDL 
43.26 	implementation plans, and TMDL's and TMDL implementation plans for multiple pollutants
43.27 	or WRAPSs, where reasonable and feasible;
43.28 	(2) maximize use of available organizational, technical, and financial resources to perform 
43.29 	sampling, monitoring, and other activities to identify degraded groundwater and impaired 
43.30 	waters, including use of citizen monitoring and citizen monitoring data used by the Pollution 
44.1 	Control Agency in assessing water quality that meets the requirements in Appendix D of 
44.2 	the Volunteer Surface Water Monitoring Guide, Minnesotaestablished by the commissioner 
44.3 	of the Pollution Control Agency (2003);
44.4 	(3) maximize opportunities for restoration of degraded groundwater and impaired waters, 
44.5 	by prioritizing and targeting of available programmatic, financial, and technical resources 
44.6 	and by providing additional state resources to complement and leverage available resources;
44.7 	(4) use existing regulatory authorities to achieve restoration for point and nonpoint 
44.8 	sources of pollution where applicable, and promote the development and use of effective 
44.9 	nonregulatory measures to address pollution sources for which regulations are not applicable;
44.10 	(5) use restoration methods that have a demonstrated effectiveness in reducing 
44.11 	impairments and provide the greatest long-term positive impact on water quality protection 
44.12 	and improvement and related conservation benefits while incorporating innovative approaches 
44.13 	on a case-by-case basis;
44.14 	(6) identify for the legislature any innovative approaches that may strengthen or 
44.15 	complement existing programs;
44.16 	(7) identify and encourage implementation of measures to prevent surface waters from 
44.17 	becoming impaired and to improve the quality of waters that are listed as impaired but have 
44.18 	no approved TMDL addressing the impairment using the best available data and technology, 
44.19 	and establish and report outcome-based performance measures that monitor the progress 
44.20 	and effectiveness of protection and restoration measures;
44.21 	(8) monitor and enforce cost-sharing contracts and impose monetary damages in an 
44.22 	amount up to 150 percent of the financial assistance received for failure to comply; and
44.23 	(9) identify and encourage implementation of measures to prevent groundwater from 
44.24 	becoming degraded and measures that restore groundwater resources.

44.25 	Sec. 56. Minnesota Statutes 2016, section 114D.20, subdivision 5, is amended to read:
44.26 		Subd. 5.Priorities for preparing WRAPSs AND TMDL's. In consultation with the 
44.27 	Clean Water Council shall recommend, the commissioner of the Pollution Control Agency 
44.28 	must coordinate with the commissioners of natural resources, health, and agriculture and 
44.29 	with the Board of Water and Soil Resources to establish priorities for scheduling and 
44.30 	preparing WRAPSs and TMDL's and TMDL implementation plans, taking into account, 
44.31 	considering the severity and causes of the impairment impairments, the designated uses of 
44.32 	those the waters, and other applicable federal TMDL requirements. In recommending 
44.33 	priorities, the council shall also give Consideration to, groundwater and high-quality waters 
45.1 	and watersheds watershed protection, waters and watersheds with declining water quality 
45.2 	trends, and waters and watersheds:
45.3 	(1) with impairments that pose the greatest potential risk to human health;
45.4 	(2) with impairments that pose the greatest potential risk to threatened or endangered 
45.5 	species;
45.6 	(3) with impairments that pose the greatest potential risk to aquatic health;
45.7 	(4) where other public agencies and participating organizations and individuals, especially 
45.8 	local, basinwide basin-wide, watershed, or regional agencies or organizations, have 
45.9 	demonstrated readiness to assist in carrying out the responsibilities, including availability 
45.10 	and organization of human, technical, and financial resources necessary to undertake the 
45.11 	work; and
45.12 	(5) where there is demonstrated coordination and cooperation among cities, counties, 
45.13 	watershed districts, and soil and water conservation districts in planning and implementation 
45.14 	of activities that will assist in carrying out the responsibilities.

45.15 	Sec. 57. Minnesota Statutes 2016, section 114D.20, subdivision 7, is amended to read:
45.16 		Subd. 7.Priorities for funding prevention actions. The Clean Water Council shall 
45.17 	apply the priorities applicable under subdivision 6, as far as practicable, when recommending 
45.18 	priorities for funding actions to prevent groundwater and surface waters from becoming 
45.19 	degraded or impaired and to improve the quality of surface waters that are listed as impaired 
45.20 	but do not have an approved TMDL.

45.21 	Sec. 58. Minnesota Statutes 2016, section 114D.20, is amended by adding a subdivision 
45.22 	to read:
45.23 		Subd. 8.Alternatives; TMDL, TMDL implementation plan, or WRAPS. (a) If the 
45.24 	commissioner of the Pollution Control Agency determines that a comprehensive watershed 
45.25 	management plan or comprehensive local water management plan contains information that 
45.26 	is sufficient and consistent with guidance from the United States Environmental Protection 
45.27 	Agency, including the recommended structure for category 4b demonstrations or its 
45.28 	replacement under section 303(d) of the federal Clean Water Act, the commissioner may 
45.29 	submit the plan to the Environmental Protection Agency according to federal TMDL 
45.30 	requirements as an alternative to developing a TMDL.
45.31 	(b) A TMDL implementation plan or a WRAPS, or portions thereof, are not needed for 
45.32 	waters or watersheds when the commissioner of the Pollution Control Agency determines 
46.1 	that a comprehensive watershed management plan, a comprehensive local water management 
46.2 	plan, or a statewide or regional strategy published by the Pollution Control Agency meets 
46.3 	the definitions in section 114D.15, subdivisions 11 or 13.
46.4 	(c) The commissioner of the Pollution Control Agency may request that the Board of 
46.5 	Water and Soil Resources conduct an evaluation of the implementation efforts under a 
46.6 	comprehensive watershed management plan or comprehensive local water management 
46.7 	plan when the commissioner makes a determination under paragraph (b). The board must 
46.8 	conduct the evaluation in accordance with section 103B.102.
46.9 	(d) The commissioner of the Pollution Control Agency may amend or revoke a 
46.10 	determination made under paragraph (a) or (b) after considering the evaluation conducted 
46.11 	under paragraph (c).

46.12 	Sec. 59. Minnesota Statutes 2016, section 114D.20, is amended by adding a subdivision 
46.13 	to read:
46.14 		Subd. 9.Coordinating of municipal and local water quality activities. A project, 
46.15 	practice, or program for water quality improvement or protection that is conducted by a 
46.16 	watershed management organization or a local government unit with a comprehensive 
46.17 	watershed management plan or other water management plan approved according to chapter 
46.18 	103B, 103C, or 103D may be considered as contributing to the requirements of a storm 
46.19 	water pollution prevention plan (SWPPP) for a municipal separate storm sewer systems 
46.20 	(MS4) permit unless the project, practice, or program was previously documented as 
46.21 	contributing to a different SWPPP for an MS4 permit.

46.22 	Sec. 60. Minnesota Statutes 2016, section 114D.26, is amended to read:
46.23 	114D.26 WATERSHED RESTORATION AND PROTECTION STRATEGIES.
46.24 		Subdivision 1.Contents. (a) The commissioner of the Pollution Control Agency shall
46.25 	must develop watershed restoration and protection strategies. for:
46.26 	(1) quantifying impairments and risks to water quality;
46.27 	(2) describing the causes of impairments and pollution sources;
46.28 	(3) consolidating TMDLs in a major watershed; and
46.29 	(4) informing comprehensive local water management plans and comprehensive 
46.30 	watershed management plans.
47.1 	(b) To ensure effectiveness, efficiency, and accountability in meeting the goals of this 
47.2 	chapter, the commissioner of the Pollution Control Agency and the Board of Water and 
47.3 	Soil Resources must coordinate the schedule, budget, scope, and use of a WRAPS and 
47.4 	related documents and processes in consultation with local government units and in 
47.5 	consideration of section 114D.20, subdivision 8. Each WRAPS shall must:
47.6 	(1) identify impaired waters and waters in need of protection;
47.7 	(2) identify biotic stressors causing impairments or threats to water quality;
47.8 	(3) summarize watershed modeling outputs and resulting pollution load allocations, and
47.9 	wasteload allocations, and priority areas for targeting actions to improve water quality and 
47.10 	identify areas with high pollutant-loading rates;
47.11 	(4) identify point sources of pollution for which a national pollutant discharge elimination 
47.12 	system permit is required under section 115.03;
47.13 	(5) identify nonpoint sources of pollution for which a national pollutant discharge 
47.14 	elimination system permit is not required under section 115.03, with sufficient specificity 
47.15 	to prioritize and geographically locate inform watershed restoration and protection actions
47.16 	strategies;
47.17 	(6) describe the current pollution loading and load reduction needed for each source or 
47.18 	source category to meet water quality standards and goals, including wasteload and load 
47.19 	allocations from TMDL's;
47.20 	(7) contain a plan for ongoing identify water quality monitoring needed to fill data gaps, 
47.21 	determine changing conditions, and or gauge implementation effectiveness; and
47.22 	(8) contain an implementation table of strategies and actions that are capable of 
47.23 	cumulatively achieving needed pollution load reductions for point and nonpoint sources, 
47.24 	including identifying:
47.25 	(i) water quality parameters of concern;
47.26 	(ii) current water quality conditions;
47.27 	(iii) water quality goals and targets by parameter of concern; and
47.28 	(iv) strategies and actions by parameter of concern and an example of the scale of 
47.29 	adoptions needed for each; with a timeline to meet the water quality restoration or protection 
47.30 	goals of this chapter.
47.31 	(v) a timeline for achievement of water quality targets;
48.1 	(vi) the governmental units with primary responsibility for implementing each watershed 
48.2 	restoration or protection strategy; and
48.3 	(vii) a timeline and interim milestones for achievement of watershed restoration or 
48.4 	protection implementation actions within ten years of strategy adoption.
48.5 		Subd. 2.Reporting. Beginning July 1, 2016, and every other year thereafter, The 
48.6 	commissioner of the Pollution Control Agency must periodically report on its the agency's
48.7 	Web site the progress toward implementation milestones and water quality goals for all 
48.8 	adopted TMDL's and, where available, WRAPS's.
48.9 		Subd. 3.Timelines; administration. Each year, (a) The commissioner of the Pollution 
48.10 	Control Agency must complete WRAPS's for at least ten percent of watershed restoration 
48.11 	and protection strategies for the state's major watersheds. WRAPS shall be by June 30, 
48.12 	2023, unless the commissioner determines that a comprehensive watershed management 
48.13 	plan or comprehensive local water management plan, in whole or part, meets the definition 
48.14 	in section 114D.15, subdivision 11 or 13. As needed, the commissioner must update the 
48.15 	strategies, in whole or part, after consultation with the Board of Water and Soil Resources 
48.16 	and local government units.
48.17 	(b) Watershed restoration and protection strategies are governed by the procedures for 
48.18 	approval and notice in section 114D.25, subdivisions 2 and 4, except that WRAPS the 
48.19 	strategies need not be submitted to the United States Environmental Protection Agency.

48.20 	Sec. 61. Minnesota Statutes 2016, section 114D.35, subdivision 1, is amended to read:
48.21 		Subdivision 1.Public and stakeholder participation. (a) Public agencies and private 
48.22 	entities involved in the implementation of implementing this chapter shall must encourage 
48.23 	participation by the public and stakeholders, including local citizens, landowners and, land
48.24 	managers, and public and private organizations, in identifying impaired waters, in developing 
48.25 	TMDL's, in planning, priority setting, and implementing restoration of impaired waters, in 
48.26 	identifying degraded groundwater, and in protecting and restoring groundwater resources.
48.27 	(b) In particular, the commissioner of the Pollution Control Agency shall must make 
48.28 	reasonable efforts to provide timely information to the public and to stakeholders about 
48.29 	impaired waters that have been identified by the agency. The agency shall seek broad and 
48.30 	early public and stakeholder participation in scoping the activities necessary to develop a 
48.31 	TMDL, including the scientific models, methods, and approaches to be used in TMDL 
48.32 	development, and to implement restoration pursuant to section 114D.15, subdivision 7. and 
48.33 	to inform and consult with the public and stakeholders in developing a WRAPS or TMDL.
49.1 	(c) Public agencies and private entities involved in implementing restoration and 
49.2 	protection identified in a comprehensive watershed management plan or comprehensive 
49.3 	local water management plan must make efforts to inform, consult, and involve the public 
49.4 	and stakeholders.
49.5 	(d) The commissioner of the Pollution Control Agency and the Board of Water and Soil 
49.6 	Resources must coordinate public and stakeholder participation in consultation with local 
49.7 	government units. To the extent practicable, implementation of this chapter shall be 
49.8 	accomplished in cooperation with local, state, federal, and tribal governments and private 
49.9 	sector organizations.

49.10 	Sec. 62. Minnesota Statutes 2016, section 114D.35, subdivision 3, is amended to read:
49.11 		Subd. 3.Education. The Clean Water Council shall develop strategies for informing, 
49.12 	educating, and encouraging the participation of citizens, stakeholders, and others regarding 
49.13 	the identification of impaired waters, development of TMDL's, development of TMDL 
49.14 	implementation plans, implementation of restoration for impaired waters, identification of 
49.15 	degraded groundwater, and protection and restoration of groundwater resources this chapter. 
49.16 	Public agencies shall be are responsible for implementing the strategies.

49.17 	Sec. 63. Minnesota Statutes 2016, section 115.03, subdivision 5, is amended to read:
49.18 		Subd. 5.Agency authority; national pollutant discharge elimination system. (a) 
49.19 	Notwithstanding any other provisions prescribed in or pursuant to this chapter and, with 
49.20 	respect to the pollution of waters of the state, in chapter 116, or otherwise, the agency shall 
49.21 	have the authority to perform any and all acts minimally necessary including, but not limited 
49.22 	to, the establishment and application of standards, procedures, rules, orders, variances, 
49.23 	stipulation agreements, schedules of compliance, and permit conditions, consistent with 
49.24 	and, therefore not less stringent than the provisions of the Federal Water Pollution Control 
49.25 	Act, as amended, applicable to the participation by the state of Minnesota in the national 
49.26 	pollutant discharge elimination system (NPDES); provided that this provision shall not be 
49.27 	construed as a limitation on any powers or duties otherwise residing with the agency pursuant 
49.28 	to any provision of law.
49.29 	(b) An activity that conveys or connects waters of the state without subjecting the 
49.30 	transferred water to intervening industrial, municipal, or commercial use does not require 
49.31 	a national pollutant discharge elimination system permit. This exemption does not apply to 
49.32 	pollutants introduced by the activity itself to the water being transferred.

50.1 	Sec. 64. Minnesota Statutes 2016, section 115.03, is amended by adding a subdivision to 
50.2 	read:
50.3 		Subd. 5d.Sugar beet storage. Notwithstanding any other law to the contrary, the 
50.4 	commissioner shall not require a permittee who owns and operates a remote sugar beet 
50.5 	storage facility to install sedimentation pond liners as part of a national pollutant discharge 
50.6 	elimination system or state disposal system permit. For purposes of this subdivision, "remote 
50.7 	sugar beet storage facility" means an area where sugar beets are temporarily stored prior to 
50.8 	delivery to a sugar beet processing facility that is not located on land adjacent to the 
50.9 	processing facility.

50.10 	Sec. 65. Minnesota Statutes 2016, section 115.035, is amended to read:
50.11 	115.035 EXTERNAL PEER REVIEW OF WATER QUALITY STANDARDS.
50.12 	(a) When the commissioner convenes an external peer review panel during the 
50.13 	promulgation or amendment of water quality standards, the commissioner must provide 
50.14 	notice and take public comment on the charge questions for the external peer review panel 
50.15 	and must allow written and oral public comment as part of the external peer review panel 
50.16 	process. Every new or revised numeric water quality standard must be supported by a 
50.17 	technical support document that provides the scientific basis for the proposed standard and 
50.18 	that has undergone external, scientific peer review. Numeric water quality standards in 
50.19 	which the agency is adopting, without change, a United States Environmental Protection 
50.20 	Agency criterion that has been through peer review are not subject to this paragraph.
50.21 	Documentation of the external peer review panel, including the name or names of the peer 
50.22 	reviewer or reviewers, must be included in the statement of need and reasonableness for 
50.23 	the water quality standard. If the commissioner does not convene an external peer review 
50.24 	panel during the promulgation or amendment of water quality standards, the commissioner 
50.25 	must state the reason an external peer review panel will not be convened in the statement 
50.26 	of need and reasonableness.
50.27 	(b) Every technical support document developed by the agency must be released in draft 
50.28 	form for public comment before peer review and before finalizing the technical support 
50.29 	document.
50.30 	(c) The commissioner must provide public notice and information about the external 
50.31 	peer review through the request for comments published at the beginning of the rulemaking 
50.32 	process for the numeric water quality standard, and:
51.1 	(1) the request for comments must identify the draft technical support document and 
51.2 	where the document can be found;
51.3 	(2) the request for comments must include a proposed charge for the external peer review 
51.4 	and request comments on the charge;
51.5 	(3) all comments received during the public comment period must be made available to 
51.6 	the external peer reviewers; and
51.7 	(4) if the agency is not soliciting external peer review because the agency is adopting a 
51.8 	United States Environmental Protection Agency criterion without change, that must be 
51.9 	noted in the request for comments.
51.10 	(d) The purpose of the external peer review is to evaluate whether the technical support 
51.11 	document and proposed standard are based on sound scientific knowledge, methods, and 
51.12 	practices. The external peer review must be conducted according to the guidance in the 
51.13 	most recent edition of the United States Environmental Protection Agency's Peer Review 
51.14 	Handbook. Peer reviewers must not have participated in developing the scientific basis of 
51.15 	the standard. Peer reviewers must disclose any activities or circumstances that could pose 
51.16 	a conflict of interest or create an appearance of a loss of impartiality that could interfere 
51.17 	with an objective review.
51.18 	(e) The type of review and the number of peer reviewers depends on the nature of the 
51.19 	science underlying the standard. When the agency is developing significant new science or 
51.20 	science that expands significantly beyond current documented scientific practices or 
51.21 	principles, a panel review must be used.
51.22 	(f) In response to the findings of the external peer review, the draft technical support 
51.23 	document must be revised as appropriate. The findings of the external peer review must be 
51.24 	documented and attached to the final technical support document, which must be an exhibit 
51.25 	as part of the statement of need and reasonableness in the rulemaking to adopt the new or 
51.26 	revised water quality standard. The final technical support document must note changes 
51.27 	made in response to the external peer review.
51.28 	(b) (g) By December 15 each year, the commissioner shall post on the agency's Web 
51.29 	site a report identifying the water quality standards development work in progress or 
51.30 	completed in the past year, the lead agency scientist for each development effort, and 
51.31 	opportunities for public input.

52.1 	Sec. 66. [115.455] EFFLUENT LIMITATION COMPLIANCE.
52.2 	To the extent allowable under federal law, for a municipality that constructs a publicly 
52.3 	owned treatment works facility or for an industrial national pollutant discharge elimination 
52.4 	system and state disposal system permit holder that constructs a treatment works facility to 
52.5 	comply with a new or modified effluent limitation, compliance with any new or modified 
52.6 	effluent limitation adopted after construction begins that would require additional capital 
52.7 	investment is required no sooner than 16 years after the date the facility begins operating.

52.8 	Sec. 67. Minnesota Statutes 2016, section 115A.51, is amended to read:
52.9 	115A.51 APPLICATION REQUIREMENTS.
52.10 	(a) Applications for assistance under the program shall demonstrate:
52.11 	(a) (1) that the project is conceptually and technically feasible;
52.12 	(b) (2) that affected political subdivisions are committed to implement the project, to 
52.13 	provide necessary local financing, and to accept and exercise the government powers 
52.14 	necessary to the project;
52.15 	(c) (3) that operating revenues from the project, considering the availability and security 
52.16 	of sources of solid waste and of markets for recovered resources, together with any proposed 
52.17 	federal, state, or local financial assistance, will be sufficient to pay all costs over the projected 
52.18 	life of the project;
52.19 	(d) (4) that the applicant has evaluated the feasible and prudent alternatives to disposal, 
52.20 	including the use of existing solid waste management facilities with reasonably available 
52.21 	capacity sufficient to accomplish the goals of the proposed project, and has compared and 
52.22 	evaluated the costs of the alternatives, including capital and operating costs, and the effects 
52.23 	of the alternatives on the cost to generators;
52.24 	(5) that the applicant has identified waste management objectives in applicable county 
52.25 	and regional solid waste management plans consistent with sections 115A.46, subdivision 
52.26 	2, and 473.149, subdivision 1, and other solid waste facilities identified in the county and 
52.27 	regional plan; and
52.28 	(6) that the applicant has conducted a comparative analysis of the project against existing 
52.29 	public and private solid waste facilities, including an analysis of potential displacement of 
52.30 	facilities to determine whether the project is the most appropriate alternative to achieve the 
52.31 	identified waste management objectives, which considers:
52.32 	(i) conformity with approved county or regional solid waste management plans;
53.1 	(ii) consistency with the state's solid waste hierarchy and sections 115A.46, subdivision 
53.2 	2, paragraphs (e) and (f), and 473.149, subdivision 1; and
53.3 	(iii) environmental standards related to public health, air, surface water, and groundwater.
53.4 	(b) The commissioner may require completion of a comprehensive solid waste 
53.5 	management plan conforming to the requirements of section 115A.46, before accepting an 
53.6 	application. Within five days of filing an application with the agency, the applicant must 
53.7 	submit a copy of the application to each solid waste management facility mentioned in the 
53.8 	portion of the application addressing the requirements of paragraph (a), clauses (5) and (6).

53.9 	Sec. 68. Minnesota Statutes 2016, section 115A.94, subdivision 2, is amended to read:
53.10 		Subd. 2.Local authority. A city or town may organize collection, after public notification 
53.11 	and hearing as required in subdivisions 4a to 4d 4f. A county may organize collection as 
53.12 	provided in subdivision 5. A city or town that has organized collection as of May 1, 2013, 
53.13 	is exempt from subdivisions 4a to 4d 4f.

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

53.17 	Sec. 69. Minnesota Statutes 2016, section 115A.94, subdivision 4a, is amended to read:
53.18 		Subd. 4a.Committee establishment. (a) Before implementing an ordinance, franchise, 
53.19 	license, contract, or other means of organizing collection, a city or town, by resolution of 
53.20 	the governing body, must establish an organizeda solid waste collection options committee 
53.21 	to identify, examine, and evaluate various methods of organized solid waste collection. The 
53.22 	governing body shall appoint the committee members.
53.23 	(b) The organized solid waste collection options committee is subject to chapter 13D.

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

53.27 	Sec. 70. Minnesota Statutes 2016, section 115A.94, subdivision 4b, is amended to read:
53.28 		Subd. 4b.Committee duties. The committee established under subdivision 4a shall:
53.29 	(1) determine which methods of organized solid waste collection to examine, which 
53.30 	must include:
54.1 	(i) the existing system of collection;
54.2 	(i) (ii) a system in which a single collector collects solid waste from all sections of a 
54.3 	city or town; and
54.4 	(ii) (iii) a system in which multiple collectors, either singly or as members of an 
54.5 	organization of collectors, collect solid waste from different sections of a city or town;
54.6 	(2) establish a list of criteria on which the organized solid waste collection methods 
54.7 	selected for examination will be evaluated, which may include: costs to residential 
54.8 	subscribers, impacts on residential subscribers' ability to choose a provider of solid waste 
54.9 	service based on the desired level of service, costs and other factors, the impact of miles 
54.10 	driven by collection vehicles on city streets and alleys and the incremental impact of miles 
54.11 	driven by collection vehicles, initial and operating costs to the city of implementing the 
54.12 	organized solid waste collection system, providing incentives for waste reduction, impacts 
54.13 	on solid waste collectors, and other physical, economic, fiscal, social, environmental, and 
54.14 	aesthetic impacts;
54.15 	(3) collect information regarding the operation and efficacy of existing methods of 
54.16 	organized solid waste collection in other cities and towns;
54.17 	(4) seek input from, at a minimum:
54.18 	(i) the governing body of the city or town;
54.19 	(ii) the local official of the city or town responsible for solid waste issues;
54.20 	(iii) persons currently licensed to operate solid waste collection and recycling services 
54.21 	in the city or town; and
54.22 	(iv) residents of the city or town who currently pay for residential solid waste collection 
54.23 	services; and
54.24 	(5) issue a report on the committee's research, findings, and any recommendations to 
54.25 	the governing body of the city or town.

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

54.29 	Sec. 71. Minnesota Statutes 2016, section 115A.94, subdivision 4c, is amended to read:
54.30 		Subd. 4c.Governing body; implementation. The governing body of the city or town 
54.31 	shall consider the report and recommendations of the organized solid waste collection 
55.1 	options committee. The governing body must provide public notice and hold at least one 
55.2 	public hearing before deciding whether to implement organized collection. Organized 
55.3 	collection may begin no sooner than six months after the effective date of the decision of 
55.4 	the governing body of the city or town to implement organized collection.

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

55.8 	Sec. 72. Minnesota Statutes 2016, section 115A.94, subdivision 4d, is amended to read:
55.9 		Subd. 4d.Participating collectors proposal requirement. Prior to Before establishing 
55.10 	a committee under subdivision 4a to consider organizing residential solid waste collection, 
55.11 	a city or town with more than one licensed collector must notify the public and all licensed 
55.12 	collectors in the community. The city or town must provide a 60-day period of at least 60 
55.13 	days in which meetings and negotiations shall occur exclusively between licensed collectors 
55.14 	and the city or town to develop a proposal in which interested licensed collectors, as members 
55.15 	of an organization of collectors, collect solid waste from designated sections of the city or 
55.16 	town. The proposal shall include identified city or town priorities, including issues related 
55.17 	to zone creation, traffic, safety, environmental performance, service provided, and price, 
55.18 	and shall reflect existing haulers maintaining their respective market share of business as 
55.19 	determined by each hauler's average customer count during the six months prior to the 
55.20 	commencement of the 60-day exclusive negotiation period. If an existing hauler opts to be 
55.21 	excluded from the proposal, the city may allocate their customers proportionally based on 
55.22 	market share to the participating collectors who choose to negotiate. The initial organized 
55.23 	collection agreement executed under this subdivision must be for a period of three to seven 
55.24 	years. Upon execution of an agreement between the participating licensed collectors and 
55.25 	city or town, the city or town shall establish organized collection through appropriate local 
55.26 	controls and is not required to fulfill the requirements of subdivisions 4a, 4b, and 4c, except 
55.27 	that the governing body must provide the public notification and hearing required under 
55.28 	subdivision 4c.

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

56.1 	Sec. 73. Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision 
56.2 	to read:
56.3 		Subd. 4e.Parties to meet and confer. Before the exclusive meetings and negotiations 
56.4 	under subdivision 4d, participating licensed collectors and elected officials of the city or 
56.5 	town must meet and confer regarding waste collection issues, including but not limited to 
56.6 	road deterioration, public safety, pricing mechanisms, and contractual considerations unique 
56.7 	to organized collection.

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

56.11 	Sec. 74. Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision 
56.12 	to read:
56.13 		Subd. 4f.Joint liability limited. Notwithstanding section 604.02, an organized collection 
56.14 	agreement must not obligate a participating licensed collector for damages to third parties 
56.15 	solely caused by another participating licensed collector. The organized collection agreement 
56.16 	may include joint obligations for actions that are undertaken by all the participating licensed 
56.17 	collectors under this section.

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

56.21 	Sec. 75. Minnesota Statutes 2016, section 115A.94, subdivision 5, is amended to read:
56.22 		Subd. 5.County organized collection. (a) A county may by ordinance require cities 
56.23 	and towns within the county to organize collection. Organized collection ordinances of 
56.24 	counties may:
56.25 	(1) require cities and towns to require the separation and separate collection of recyclable 
56.26 	materials;
56.27 	(2) specify the material to be separated; and
56.28 	(3) require cities and towns to meet any performance standards for source separation 
56.29 	that are contained in the county solid waste plan.
56.30 	(b) A county may itself organize collection under subdivisions 4a to 4d 4f in any city 
56.31 	or town that does not comply with a county organized collection ordinance adopted under 
57.1 	this subdivision, and the county may implement, as part of its organized collection, the 
57.2 	source separation program and performance standards required by its organized collection 
57.3 	ordinance.

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

57.7 	Sec. 76. [115B.52] WATER QUALITY AND SUSTAINABILITY ACCOUNT.
57.8 		Subdivision 1.Definition. For purposes of this section and section 115B.53, the term 
57.9 	"settlement" means the agreement and order entered on February 20, 2018, settling litigation 
57.10 	commenced by the state against the 3M Company under section 115B.17, subdivision 7.
57.11 		Subd. 2.Establishment. The water quality and sustainability account is established as 
57.12 	an account in the remediation fund. The account consists of revenue deposited in the account 
57.13 	under the terms of the settlement and earnings on the investment of money in the account.
57.14 		Subd. 3.Expenditures. Money in the account is appropriated to the commissioner of 
57.15 	the Pollution Control Agency and to the commissioner of natural resources for the purposes 
57.16 	authorized under the settlement.
57.17 		Subd. 4.Reporting. The commissioner of the Pollution Control Agency and the 
57.18 	commissioner of natural resources must jointly submit:
57.19 	(1) a biannual report to the chairs and ranking minority members of the legislative policy 
57.20 	and finance committees with jurisdiction over environment and natural resources on 
57.21 	expenditures from the water quality and sustainability account during the previous six 
57.22 	months; and
57.23 	(2) by November 1 each year, a report to the legislature on expenditures from the water 
57.24 	quality and sustainability account during the previous fiscal year and a spending plan for 
57.25 	anticipated expenditures from the account during the current fiscal year.

57.26 	Sec. 77. [115B.53] WATER QUALITY AND SUSTAINABILITY STAKEHOLDERS.
57.27 	The commissioner of the Pollution Control Agency and the commissioner of natural 
57.28 	resources must work with stakeholders to identify and recommend projects to receive funding 
57.29 	from the water quality and sustainability account under the settlement. Stakeholders include, 
57.30 	at a minimum, representatives of the agency, the Department of Natural Resources, east 
57.31 	metropolitan area municipalities, and the 3M Company.

58.1 	Sec. 78. Minnesota Statutes 2016, section 116.07, subdivision 2, is amended to read:
58.2 		Subd. 2.Adopting standards. (a) The Pollution Control Agency shall improve air 
58.3 	quality by promoting, in the most practicable way possible, the use of energy sources and 
58.4 	waste disposal methods which produce or emit the least air contaminants consistent with 
58.5 	the agency's overall goal of reducing all forms of pollution. The agency shall also adopt 
58.6 	standards of air quality, including maximum allowable standards of emission of air 
58.7 	contaminants from motor vehicles, recognizing that due to variable factors, no single standard 
58.8 	of purity of air is applicable to all areas of the state. In adopting standards the Pollution 
58.9 	Control Agency shall give due recognition to the fact that the quantity or characteristics of 
58.10 	air contaminants or the duration of their presence in the atmosphere, which may cause air 
58.11 	pollution in one area of the state, may cause less or not cause any air pollution in another 
58.12 	area of the state, and it shall take into consideration in this connection such factors, including 
58.13 	others which it may deem proper, as existing physical conditions, zoning classifications, 
58.14 	topography, prevailing wind directions and velocities, and the fact that a standard of air 
58.15 	quality which may be proper as to an essentially residential area of the state, may not be 
58.16 	proper as to a highly developed industrial area of the state. Such standards of air quality 
58.17 	shall be premised upon scientific knowledge of causes as well as effects based on technically 
58.18 	substantiated criteria and commonly accepted practices. No local government unit shall set 
58.19 	standards of air quality which are more stringent than those set by the Pollution Control 
58.20 	Agency. Consistent with this recognition of the variability of air contamination levels and 
58.21 	conditions across the state, the agency must not apply or enforce a national or state ambient 
58.22 	air quality standard as an applicable standard for an individual source under an individual 
58.23 	facility permit issued pursuant to Code of Federal Regulations, title 40, part 70, unless the 
58.24 	permittee is a temporary source issued a permit under United States Code, title 42, section 
58.25 	7661c, paragraph (e).
58.26 	(b) The Pollution Control Agency shall promote solid waste disposal control by 
58.27 	encouraging the updating of collection systems, elimination of open dumps, and 
58.28 	improvements in incinerator practices. The agency shall also adopt standards for the control 
58.29 	of the collection, transportation, storage, processing, and disposal of solid waste and sewage 
58.30 	sludge for the prevention and abatement of water, air, and land pollution, recognizing that 
58.31 	due to variable factors, no single standard of control is applicable to all areas of the state. 
58.32 	In adopting standards, the Pollution Control Agency shall give due recognition to the fact 
58.33 	that elements of control which may be reasonable and proper in densely populated areas of 
58.34 	the state may be unreasonable and improper in sparsely populated or remote areas of the 
58.35 	state, and it shall take into consideration in this connection such factors, including others 
59.1 	which it may deem proper, as existing physical conditions, topography, soils and geology, 
59.2 	climate, transportation, and land use. Such standards of control shall be premised on technical 
59.3 	criteria and commonly accepted practices.
59.4 	(c) The Pollution Control Agency shall also adopt standards describing the maximum 
59.5 	levels of noise in terms of sound pressure level which may occur in the outdoor atmosphere, 
59.6 	recognizing that due to variable factors no single standard of sound pressure is applicable 
59.7 	to all areas of the state. Such standards shall give due consideration to such factors as the 
59.8 	intensity of noises, the types of noises, the frequency with which noises recur, the time 
59.9 	period for which noises continue, the times of day during which noises occur, and such 
59.10 	other factors as could affect the extent to which noises may be injurious to human health 
59.11 	or welfare, animal or plant life, or property, or could interfere unreasonably with the 
59.12 	enjoyment of life or property. In adopting standards, the Pollution Control Agency shall 
59.13 	give due recognition to the fact that the quantity or characteristics of noise or the duration 
59.14 	of its presence in the outdoor atmosphere, which may cause noise pollution in one area of 
59.15 	the state, may cause less or not cause any noise pollution in another area of the state, and 
59.16 	it shall take into consideration in this connection such factors, including others which it 
59.17 	may deem proper, as existing physical conditions, zoning classifications, topography, 
59.18 	meteorological conditions and the fact that a standard which may be proper in an essentially 
59.19 	residential area of the state, may not be proper as to a highly developed industrial area of 
59.20 	the state. Such noise standards shall be premised upon scientific knowledge as well as effects 
59.21 	based on technically substantiated criteria and commonly accepted practices. No local 
59.22 	governing unit shall set standards describing the maximum levels of sound pressure which 
59.23 	are more stringent than those set by the Pollution Control Agency.
59.24 	(d) The Pollution Control Agency shall adopt standards for the identification of hazardous 
59.25 	waste and for the management, identification, labeling, classification, storage, collection, 
59.26 	transportation, processing, and disposal of hazardous waste, recognizing that due to variable 
59.27 	factors, a single standard of hazardous waste control may not be applicable to all areas of 
59.28 	the state. In adopting standards, the Pollution Control Agency shall recognize that elements 
59.29 	of control which may be reasonable and proper in densely populated areas of the state may 
59.30 	be unreasonable and improper in sparsely populated or remote areas of the state. The agency 
59.31 	shall consider existing physical conditions, topography, soils, and geology, climate, 
59.32 	transportation and land use. Standards of hazardous waste control shall be premised on 
59.33 	technical knowledge, and commonly accepted practices. Hazardous waste generator licenses 
59.34 	may be issued for a term not to exceed five years. No local government unit shall set 
60.1 	standards of hazardous waste control which are in conflict or inconsistent with those set by 
60.2 	the Pollution Control Agency.
60.3 	(e) A person who generates less than 100 kilograms of hazardous waste per month is 
60.4 	exempt from the following agency hazardous waste rules:
60.5 	(1) rules relating to transportation, manifesting, storage, and labeling for photographic 
60.6 	fixer and x-ray negative wastes that are hazardous solely because of silver content; and
60.7 	(2) any rule requiring the generator to send to the agency or commissioner a copy of 
60.8 	each manifest for the transportation of hazardous waste for off-site treatment, storage, or 
60.9 	disposal, except that counties within the metropolitan area may require generators to provide 
60.10 	manifests.
60.11 	Nothing in this paragraph exempts the generator from the agency's rules relating to on-site 
60.12 	accumulation or outdoor storage. A political subdivision or other local unit of government 
60.13 	may not adopt management requirements that are more restrictive than this paragraph.
60.14 	(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality, 
60.15 	solid waste, or hazardous waste under this chapter, or standards for water quality under 
60.16 	chapter 115, the statement of need and reasonableness must include:
60.17 	(1) an assessment of any differences between the proposed rule and:
60.18 	(i) existing federal standards adopted under the Clean Air Act, United States Code, title 
60.19 	42, section 7412(b)(2); the Clean Water Act, United States Code, title 33, sections 1312(a) 
60.20 	and 1313(c)(4); and the Resource Conservation and Recovery Act, United States Code, title 
60.21 	42, section 6921(b)(1);
60.22 	(ii) similar standards in states bordering Minnesota; and
60.23 	(iii) similar standards in states within the Environmental Protection Agency Region 5; 
60.24 	and
60.25 	(2) a specific analysis of the need and reasonableness of each difference.
60.26 	If the proposed standards in a rulemaking subject to this paragraph are more stringent than 
60.27 	comparable federal standards, the statement of need and reasonableness must, in addition 
60.28 	to the requirements of this paragraph, include documentation that the federal standard does 
60.29 	not provide adequate protection for public health and the environment.

61.1 	Sec. 79. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to 
61.2 	read:
61.3 		Subd. 2c.Exemption from standards for temporary storage facilities subject to 
61.4 	control. (a) A temporary storage facility located at a commodity facility that is required to 
61.5 	be controlled under Minnesota Rules, part 7011.1005, subpart 3, is not subject to Minnesota 
61.6 	Rules, parts 7011.1000 to 7011.1015. For all portable equipment and fugitive dust emissions 
61.7 	directly associated with the temporary storage facility, it is determined that there is no 
61.8 	applicable specific standard of performance.
61.9 	(b) For the purposes of this subdivision, the following terms have the meanings given 
61.10 	to them:
61.11 	(1) "temporary storage facility" means a facility storing grain that:
61.12 	(i) uses an asphalt, concrete, or comparable base material;
61.13 	(ii) has rigid, self-supporting sidewalls;
61.14 	(iii) provides adequate aeration; and
61.15 	(iv) provides an acceptable covering; and
61.16 	(2) "portable equipment" means equipment that is not fixed at any one spot and can be  
61.17 	moved, including but not limited to portable receiving pits, portable augers and conveyors, 
61.18 	and portable reclaim equipment directly associated with the temporary storage facility.

61.19 	Sec. 80. Minnesota Statutes 2017 Supplement, section 116.0714, is amended to read:
61.20 	116.0714 NEW OPEN-AIR SWINE BASINS.
61.21 	(a) The commissioner of the Pollution Control Agency or a county board shall not 
61.22 	approve any permits for the construction of new open-air swine basins, except that existing 
61.23 	facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste 
61.24 	treatment program for resolving pollution problems or to allow conversion of an existing 
61.25 	basin of less than 1,000,000 gallons to a different animal type, provided all standards are 
61.26 	met. This section expires June 30, 2022.
61.27 	(b) This section does not apply to basins used solely for wastewater from truck-washing 
61.28 	facilities.

62.1 	Sec. 81. Minnesota Statutes 2016, section 116.155, subdivision 1, is amended to read:
62.2 		Subdivision 1.Creation. The remediation fund is created as a special revenue fund in 
62.3 	the state treasury to provide a reliable source of public money for response and corrective 
62.4 	actions to address releases of hazardous substances, pollutants or contaminants, agricultural 
62.5 	chemicals, and petroleum, and for environmental response actions at qualified landfill 
62.6 	facilities for which the agency has assumed such responsibility, including perpetual care of 
62.7 	such facilities. The specific purposes for which the general portion of the fund may be spent 
62.8 	are provided in subdivision 2. In addition to the general portion of the fund, the fund contains 
62.9 	two three accounts described in subdivisions 4 and 5 to 5a.

62.10 	Sec. 82. Minnesota Statutes 2016, section 116.155, is amended by adding a subdivision 
62.11 	to read:
62.12 		Subd. 5a.Water quality and sustainability account. The water quality and sustainability 
62.13 	account is as described in section 115B.52.

62.14 	Sec. 83. Minnesota Statutes 2016, section 116.993, subdivision 2, is amended to read:
62.15 		Subd. 2.Eligible borrower. To be eligible for a loan under this section, a borrower 
62.16 	must:
62.17 	(1) be a small business corporation, sole proprietorship, partnership, or association;
62.18 	(2) be a potential emitter of pollutants to the air, ground, or water;
62.19 	(3) need capital for equipment purchases that will meet or exceed environmental 
62.20 	regulations or need capital for site investigation and cleanup;
62.21 	(4) have less fewer than 50 100 full-time equivalent employees; and
62.22 	(5) have an after tax after-tax profit of less than $500,000; and.
62.23 	(6) have a net worth of less than $1,000,000.

62.24 	Sec. 84. Minnesota Statutes 2016, section 116.993, subdivision 6, is amended to read:
62.25 		Subd. 6.Loan conditions. A loan made under this section must include:
62.26 	(1) an interest rate that is four percent or at or below one-half the prime rate, whichever 
62.27 	is greater not to exceed five percent;
62.28 	(2) a term of payment of not more than seven years; and
62.29 	(3) an amount not less than $1,000 or exceeding $50,000 $75,000.

63.1 	Sec. 85. Minnesota Statutes 2016, section 216G.01, subdivision 3, is amended to read:
63.2 		Subd. 3.Pipeline. "Pipeline" means a pipeline owned or operated by a condemning 
63.3 	authority, as defined in section 117.025, subdivision 4, located in this state which is used 
63.4 	to transport natural or synthetic gas at a pressure of more than 90 pounds per square inch, 
63.5 	or to transport crude petroleum or petroleum fuels or oil or their derivatives, coal, anhydrous 
63.6 	ammonia or any mineral slurry to a distribution center or storage facility which is located 
63.7 	within or outside of this state. "Pipeline" does not include a pipeline owned or operated by 
63.8 	a natural gas public utility as defined in section 216B.02, subdivision 4.

63.9 	Sec. 86. Minnesota Statutes 2016, section 349A.05, is amended to read:
63.10 	349A.05 RULES.
63.11 	The director may adopt rules under chapter 14 governing the following elements of the 
63.12 	lottery:
63.13 	(1) the number and types of lottery retailers' locations;
63.14 	(2) qualifications of lottery retailers and application procedures for lottery retailer 
63.15 	contracts;
63.16 	(3) investigation of lottery retailer applicants;
63.17 	(4) appeal procedures for denial, suspension, or cancellation of lottery retailer contracts;
63.18 	(5) compensation of lottery retailers consistent with section 349A.17;
63.19 	(6) accounting for and deposit of lottery revenues by lottery retailers;
63.20 	(7) procedures for issuing lottery procurement contracts and for the investigation of 
63.21 	bidders on those contracts;
63.22 	(8) payment of prizes;
63.23 	(9) procedures needed to ensure the integrity and security of the lottery; and
63.24 	(10) other rules the director considers necessary for the efficient operation and 
63.25 	administration of the lottery.

63.26 	EFFECTIVE DATE. This section is effective August 1, 2018.

63.27 	Sec. 87. [349A.17] LOTTERY RETAILER COMMISSIONS.
63.28 	(a) The director of the State Lottery shall pay a lottery retailer at least the following 
63.29 	amounts:
64.1 	(1) 5.5 percent on the price of a ticket sold by the retailer for a lottery game for which 
64.2 	the winner is determined by a drawing;
64.3 	(2) six percent on the price of a ticket sold by the retailer for a lottery game in which 
64.4 	the winner is determined without a drawing; and
64.5 	(3) 1.5 percent of the amount of a winning ticket cashed by the retailer.
64.6 	(b) The director of the State Lottery may adopt rules for retailer compensation or 
64.7 	commission that exceeds the amounts specified in this section. The director of the State 
64.8 	Lottery shall periodically review lottery ticket sales and make adjustments to lottery retailer 
64.9 	commission rates, consistent with this section, as deemed necessary to maintain appropriate 
64.10 	return to the state.

64.11 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to tickets 
64.12 	sold on or after that date.

64.13 	Sec. 88. [383A.606] DISCONTINUANCE OF RAMSEY SOIL AND WATER 
64.14 	CONSERVATION DISTRICT; TRANSFER OF DUTIES.
64.15 		Subdivision 1.Discontinuance. Notwithstanding section 103C.225, the Ramsey Soil 
64.16 	and Water Conservation District is discontinued effective July 1, 2018, and its duties and 
64.17 	authorities are transferred to the Ramsey County Board of Commissioners.
64.18 		Subd. 2.Transfer of duties and authorities. The Ramsey County Board of 
64.19 	Commissioners has the duties and authorities of a soil and water conservation district. All 
64.20 	contracts in effect on the date of the discontinuance of the district to which Ramsey Soil 
64.21 	and Water Conservation District is a party remain in force and effect for the period provided 
64.22 	in the contracts. The Ramsey County Board of Commissioners shall be substituted for the 
64.23 	Ramsey Soil and Water Conservation District as party to the contracts and succeed to the 
64.24 	district's rights and duties.
64.25 		Subd. 3.Transfer of assets. The Ramsey Soil and Water Conservation District Board 
64.26 	of Supervisors shall transfer the assets of the district to the Ramsey County Board of 
64.27 	Commissioners. The Ramsey County Board of Commissioners shall use the transferred 
64.28 	assets for the purposes of implementing the transferred duties and authorities.
64.29 		Subd. 4.Reestablishment. The Ramsey County Board of Commissioners may petition 
64.30 	the Minnesota Board of Water and Soil Resources to reestablish the Ramsey Soil and Water 
64.31 	Conservation District. Alternatively, the Minnesota Board of Water and Soil Resources 
64.32 	under its authority in section 103C.201, and after giving notice of corrective actions and 
64.33 	time to implement the corrective actions, may reestablish the Ramsey Soil and Water 
65.1 	Conservation District if it determines the goals established in section 103C.005 are not 
65.2 	being achieved. The Minnesota Board of Water and Soil Resources may reestablish the 
65.3 	Ramsey Soil and Water Conservation District under this subdivision without a referendum.

65.4 	EFFECTIVE DATE. This section is effective the day after the Ramsey County Board 
65.5 	of Commissioners and its chief clerical officer timely complete their compliance with 
65.6 	Minnesota Statutes, section 645.021, subdivisions 2 and 3, but not before July 1, 2018.

65.7 	Sec. 89. Minnesota Statutes 2016, section 473.8441, subdivision 4, is amended to read:
65.8 		Subd. 4.Grant conditions. The commissioner shall administer grants so that the 
65.9 	following conditions are met:
65.10 	(a) A county must apply for a grant in the manner determined by the commissioner. The 
65.11 	application must describe the activities for which the grant will be used.
65.12 	(b) The activities funded must be consistent with the metropolitan policy plan and the 
65.13 	county master plan.
65.14 	(c) A grant must be matched by equal county local expenditures for the activities for 
65.15 	which the grant is made. A local expenditure may include but is not limited to an expenditure 
65.16 	by a local unit of government, tribal government, or private sector or nonprofit organization.
65.17 	(d) All grant funds must be used for new activities or to enhance or increase the 
65.18 	effectiveness of existing activities in the county. Grant funds shall not be used for research 
65.19 	or development of a product that would be patented, copyrighted, or a subject of trade 
65.20 	secrets.
65.21 	(e) Counties shall provide support to maintain effective municipal recycling where it is 
65.22 	already established.

65.23 	Sec. 90. Laws 2015, First Special Session chapter 4, article 4, section 146, as amended 
65.24 	by Laws 2017, chapter 93, article 2, section 150, is amended to read:
65.25 	Sec. 146. INITIAL IMPLEMENTATION; WAIVERS.
 65.26 	A soil and water conservation district must grant a conditional compliance waiver under 
65.27 	Minnesota Statutes, section 103F.48, to landowners or authorized agents who have applied 
65.28 	for and maintained eligibility for financial or technical assistance within one year of the 
65.29 	dates listed in Minnesota Statutes, section 103F.48, subdivision 3, paragraph (e), according 
65.30 	to Minnesota Statutes, section 103F.48. A conditional compliance waiver also must be 
65.31 	granted to landowners who are subject to a drainage proceeding commenced under Minnesota 
66.1 	Statutes, sections 103E.011, subdivision 5; 103E.021, subdivision 6; and 103E.715. The 
66.2 	conditional compliance waiver is valid until financial or technical assistance is available 
66.3 	for buffer or alternative practices installation, but not later than November 1, 2018. A 
66.4 	landowner or authorized agent that has filed a parcel-specific public water riparian protection 
66.5 	compliance plan with the soil and water conservation district by November 1, 2017, shall 
66.6 	be granted a conditional compliance waiver until July 1, 2018 2019. A landowner or 
66.7 	authorized agent that has filed a parcel-specific public drainage system riparian protection 
66.8 	compliance plan with the soil and water conservation district by November 1, 2018, shall 
66.9 	be granted a conditional compliance waiver until July 1, 2019.

66.10 	Sec. 91. Laws 2016, chapter 189, article 3, section 48, is amended to read:
66.11 	Sec. 48. LAKE SERVICE PROVIDER FEASIBILITY REPORT.
 66.12 	The commissioner of natural resources shall report to the chairs of the house of 
66.13 	representatives and senate committees with jurisdiction over natural resources by January 
66.14 	15, 2019 2020, regarding the feasibility of expanding permitting to service providers as 
66.15 	described in Minnesota Statutes, section 84D.108, subdivision 2a, to other water bodies in 
66.16 	the state. The report must:
66.17 	(1) include recommendations for state and local resources needed to implement the 
66.18 	program;
66.19 	(2) assess local government inspection roles under Minnesota Statutes, section 84D.105, 
66.20 	subdivision 2, paragraph (g); and
66.21 	(3) assess whether mechanisms to ensure that water-related equipment placed back into 
66.22 	the same body of water from which it was removed can adequately protect other water 
66.23 	bodies.

66.24 	Sec. 92. ADDITIONS TO STATE PARKS.
 66.25 		Subdivision 1.[85.012] [Subd. 21.] Frontenac State Park, Goodhue County. The 
66.26 	following area is added to Frontenac State Park, Goodhue County:
66.27 	That part of the Northeast Quarter of Section 10, that part of the Southeast Quarter of 
66.28 	Section 10, that part of the Northwest Quarter of Section 11, and that part of the Southwest 
66.29 	Quarter of Section 11, all in Township 112 North, Range 13 West, Goodhue County, 
66.30 	Minnesota, described as follows:
66.31 	Commencing at the east quarter corner of said Section 10; thence on an assumed bearing 
66.32 	South 00 degrees 25 minutes 27 seconds East, along the east line of the Southeast Quarter 
67.1 	of said Section 10, a distance of 1,654.63 feet; thence South 89 degrees 34 minutes 33 
67.2 	seconds West, a distance of 2,219.43 feet to the point of beginning of the land to be described; 
67.3 	thence North 19 degrees 04 minutes 33 seconds East, a distance of 3,905.90 feet to the 
67.4 	centerline of Hill Avenue; thence southeasterly, along said centerline, to the northwesterly 
67.5 	right-of-way boundary of County Road Number 2, as designated on Goodhue County 
67.6 	Highway Right-Of-Way Plat No. 25, as recorded in the Goodhue County Recorder's Office; 
67.7 	thence southwesterly along said northwesterly right-of-way boundary and along the 
67.8 	northwesterly right-of-way boundary of County Road Number 2, as designated in Goodhue 
67.9 	County Highway Right-Of-Way Plat No. 24, and along the northwesterly right-of-way 
67.10 	boundary of County Road Number 2, as designated in Goodhue County Highway 
67.11 	Right-of-Way Plat No. 23, to the intersection with a line bearing South 76 degrees 25 minutes 
67.12 	27 seconds East from the point of beginning; thence North 76 degrees 25 minutes 27 seconds 
67.13 	West, a distance of 907.89 feet to the point of beginning.
67.14 	EXCEPT that part lying within the boundaries of the following described parcel:
67.15 	That part of the Southeast Quarter of Section 10, Township 112 North, Range 13 West, 
67.16 	and that part of the Southwest Quarter of Section 11, Township 112 North, Range 13 West, 
67.17 	Goodhue County, Minnesota, described as follows:
67.18 	Commencing at the northeast corner of the Southeast Quarter of said Section 10; thence 
67.19 	southerly on an assumed azimuth from North of 179 degrees 34 minutes 33 seconds, along 
67.20 	the east line of the Southeast Quarter of said Section 10, a distance of 1,100.31 feet; thence 
67.21 	westerly 269 degrees 34 minutes 33 seconds azimuth, a distance of 80.53 feet to the point 
67.22 	of beginning of the land to be described; thence northerly 340 degrees 42 minutes 19 seconds 
67.23 	azimuth, a distance of 300.00 feet; thence easterly 100 degrees 22 minutes 46 seconds 
67.24 	azimuth, a distance of 286.97 feet to the centerline of County Road Number 2, as now 
67.25 	located and established; thence southerly and southwesterly, along said centerline, to the 
67.26 	intersection with a line drawn southerly 160 degrees 42 minutes 19 seconds azimuth from 
67.27 	the point of beginning; thence northerly 340 degrees 42 minutes 19 seconds azimuth, a 
67.28 	distance of 51.66 feet to the point of beginning.
67.29 	EXCEPT that part lying within the boundaries of the following described parcel:
67.30 	That part of the Southeast Quarter of Section 10, Township 112, Range 13, Goodhue 
67.31 	County, Minnesota, described as follows:
67.32 	Commencing at the northeast corner of said Southeast Quarter; thence southerly, on an 
67.33 	assumed azimuth from North of 179 degrees 34 minutes 33 seconds, along the east line of 
67.34 	said Southeast Quarter; a distance of 1,491.88 feet; thence westerly 269 degrees 34 minutes 
68.1 	33 seconds azimuth, a distance of 870.79 feet to an iron pipe on the centerline of County 
68.2 	Road Number 2, as now located and established, being the point of beginning of the land 
68.3 	to be described; thence northerly 24 degrees 07 minutes 23 seconds azimuth, a distance of 
68.4 	132.28 feet to an iron pipe; thence northwesterly 301 degrees 14 minutes 43 seconds azimuth, 
68.5 	a distance of 524.46 feet to an iron pipe; thence southerly 180 degrees 51 minutes 58 seconds 
68.6 	azimuth a distance of 342.82 feet to an iron pipe; thence southeasterly 118 degrees 29 
68.7 	minutes 28 seconds azimuth, a distance of 273.01 feet to an iron pipe on the centerline of 
68.8 	said County Road Number 2, as now located and established; thence northeasterly along 
68.9 	said centerline to the point of beginning.
68.10 	EXCEPT that part described as follows:
68.11 	That part of the Southeast Quarter of Section 10, Township 112 North, Range 13 West, 
68.12 	Goodhue County, Minnesota, described as follows:
68.13 	Commencing at the northeast corner of said Southeast Quarter of Section 10; thence 
68.14 	southerly, on an assumed azimuth from North of 179 degrees 34 minutes 33 seconds, along 
68.15 	the east line of said Southeast Quarter of Section 10, a distance of 1,100.31 feet; thence 
68.16 	westerly 269 degrees 34 minutes 33 seconds azimuth, a distance of 80.53 feet to the point 
68.17 	of beginning of the land to be described; thence northerly 340 degrees 42 minutes 19 seconds 
68.18 	azimuth, a distance of 300.00 feet; thence westerly 250 degrees 42 minutes 19 seconds 
68.19 	azimuth, a distance of 300.00 feet; thence southerly 160 degrees 42 minutes 19 seconds 
68.20 	azimuth, a distance of 384.25 feet, to the northwesterly right-of-way boundary of County 
68.21 	Road Number 2, as designated in Goodhue County Highway Right-of-Way Plat No. 23, as 
68.22 	recorded in the Goodhue County Recorder's Office; thence northeasterly, along said 
68.23 	northwesterly right-of-way boundary, to the intersection with a line drawn southerly 160 
68.24 	degrees 42 minutes 19 seconds azimuth from the point of beginning; thence northerly 340 
68.25 	degrees 42 minutes 19 seconds azimuth, a distance of 10.01 feet to the point of beginning.
68.26 		Subd. 2.[85.012] [Subd. 21.] Frontenac State Park, Goodhue County. The following 
68.27 	areas are added to the Frontenac State Park, Goodhue County:
68.28 	(1) all that part of Sections 31 and 32, Township 113 North, Range 13 West, in the 
68.29 	County of Goodhue and State of Minnesota, described as follows:
68.30 	All of Block 7, Wacouta Beach, in said Section 32 lying on the south side of and adjoining 
68.31 	Lake View Drive and adjoining the south and west lines of said Section 32. Also that part 
68.32 	of said Section 31 described as follows:
68.33 	Beginning at the southeast corner of said Section 31; thence run North along the east 
68.34 	line of said Section 31 a distance of 961.0 feet more or less to the southerly right-of-way 
69.1 	line of Lake View Drive; thence run North 61 degrees 30 minutes West along the southerly 
69.2 	right-of-way of Lake View Drive a distance of 170.0 feet; thence run South 34 degrees West 
69.3 	320.0 feet; thence run North 77 degrees East 125.0 feet; thence run South 13 degrees West 
69.4 	610.0 feet; thence run South 76 degrees West 600.0 feet; thence run South 88 degrees 30 
69.5 	minutes West 1,100.0 feet; thence run North 54 degrees 45 minutes West 1,140.0 feet; 
69.6 	thence run North 37 degrees 15 minutes West 400.0 feet; thence run North 72 degrees West 
69.7 	1,000.0 feet; thence run South 89 degrees 45 minutes West 200.0 feet; thence run North 70 
69.8 	degrees 45 minutes West 250.0 feet to a point on or near the east right-of-way line of public 
69.9 	road; thence run South 15 degrees 45 minutes West 720.0 feet along or near said east 
69.10 	right-of-way line of public road to a point at or near the northerly right-of-way line of State 
69.11 	Trunk Highway 61; thence run easterly along said northerly right-of-way line of State Trunk 
69.12 	Highway 61 a distance of 2,050.0 feet more or less to the south line of said Section 31; 
69.13 	thence run East 2,925.0 feet more or less along said south line of Section 31 to the point of 
69.14 	beginning;
69.15 	(2) the West Half of the Northeast Quarter of Section 6, Township 112 North, Range 
69.16 	13 West, EXCEPT THE FOLLOWING:
69.17 	All that part of the West Half of the Northeast Quarter of Section 6, Township 112 North, 
69.18 	Range 13 West, in Goodhue County and State of Minnesota, described as follows:
69.19 	Beginning at the center of said Section 6; thence North 1,970 feet to the centerline of 
69.20 	State Trunk Highway 61; thence southeasterly along the centerline of said highway for 335 
69.21 	feet; thence North 66 degrees 31 minutes East 380 feet; thence deflect to the left on a six 
69.22 	degree curve for 570 feet to the south line of Borrow Pit No. 225; (Borrow Pit No. 225 
69.23 	being described in that certain Notice of Lis Pendens dated May 19, 1952, and recorded 
69.24 	May 20, 1952, in Book 115 of Mortgages, page 77); thence East 430 feet to the east line of 
69.25 	the West Half of said Northeast Quarter; thence South 2,250 feet to the southeast corner of 
69.26 	said West Half of the Northeast Quarter; thence West 1,320 feet to the place of beginning. 
69.27 	EXCEPTING from the above all rights-of-way of state highway and excepting the 
69.28 	right-of-way of the railroad company.
69.29 	ALSO an easement for right-of way purposes on a strip of land 50 feet in width adjoining 
69.30 	and northwesterly of the northwesterly line of the above conveyed tract;
69.31 	(3) that part of the Northwest Quarter of Section 6, Township 112 North, Range 13 West, 
69.32 	Goodhue County, Minnesota, lying northeasterly of the northeasterly right-of-way line of 
69.33 	the Canadian Pacific Railroad (formerly the Chicago, Milwaukee and St. Paul Railway Co.); 
69.34 	and
70.1 	(4) Block 8 and Block 9, Wacouta Beach, according to the plat thereof, on file and of 
70.2 	record in the Goodhue County Recorder's Office.
70.3 		Subd. 3.[85.012] [Subd. 43.] Minneopa State Park, Blue Earth County. The following 
70.4 	area is added to Minneopa State Park, Blue Earth County: the East Half of Government Lot 
70.5 	5, Section 2, Township 108 North, Range 28 West, together with an easement 33 feet in 
70.6 	width for access to said property, as now located, extending from the southwest corner of 
70.7 	the East Half of Government Lot 5 in said Section 2, Township 108, Range 28, to Minnesota 
70.8 	Highway 68.
70.9 		Subd. 4.[85.012] [Subd. 49.] St. Croix State Park, Pine County. The following area 
70.10 	is added to the St. Croix State Park, Pine County: the Northwest Quarter of the Northwest 
70.11 	Quarter, Section 30, Township 41 North, Range 17 West.

70.12 	Sec. 93. DELETION FROM STATE PARK.
 70.13 	[85.012] [Subd. 49.] St. Croix State Park, Pine County. The following area is deleted 
70.14 	from St. Croix State Park, Pine County: all that part of the Southeast Quarter of the Southeast 
70.15 	Quarter, Section 21, and that part of the Southwest Quarter of the Southwest Quarter, Section 
70.16 	22, Township 41 North, Range 18 West, bounded by the following described lines: beginning 
70.17 	at the southeast corner of Section 21; thence West 1,025 feet along the south section line; 
70.18 	thence North 515 feet; thence East 350 feet; thence northeasterly 1,070 feet to a point on 
70.19 	the centerline of County State-Aid Highway 22 a distance of 1,130 feet northerly of the 
70.20 	southeast corner of Section 21 as measured along said County State-Aid Highway 22; thence 
70.21 	southerly 1,130 feet along the centerline of County State-Aid Highway 22 to the point of 
70.22 	beginning.

70.23 	Sec. 94. ADDITIONS TO STATE FORESTS.
 70.24 		Subdivision 1.[89.021] [Subd. 2.] Badoura State Forest. The following areas are added 
70.25 	to Badoura State Forest, Hubbard County:
70.26 	(1) the Southwest Quarter, Section 35, Township 140 North, Range 32 West;
70.27 	(2) the Northeast Quarter of the Northeast Quarter and the Northwest Quarter of the 
70.28 	Northeast Quarter, Section 11, Township 139 North, Range 33 West;
70.29 	(3) the South Half of the Northeast Quarter, the West Half, and the Southeast Quarter, 
70.30 	Section 26, Township 140 North, Range 33 West; and
70.31 	(4) the North Half, Section 26, Township 139 North, Range 33 West.
71.1 		Subd. 2.[89.021] [Subd. 48a.] Snake River State Forest. The following areas are 
71.2 	added to Snake River State Forest, Kanabec County:
71.3 	(1) the Northwest Quarter and the Southwest Quarter of the Northeast Quarter, Section 
71.4 	8, Township 42 North, Range 22 West;
71.5 	(2) Section 17, Township 42 North, Range 22 West;
71.6 	(3) Section 20, Township 42 North, Range 22 West;
71.7 	(4) the West Half of the Northwest Quarter and the West Half of the Southwest Quarter, 
71.8 	Section 21, Township 42 North, Range 22 West;
71.9 	(5) the Northeast Quarter and the East Half of the Southeast Quarter, Section 8, Township 
71.10 	42 North, Range 23 West;
71.11 	(6) Section 9, Township 42 North, Range 23 West;
71.12 	(7) the South Half of the Southwest Quarter, Section 10, Township 42 North, Range 23 
71.13 	West;
71.14 	(8) the Northwest Quarter, the North Half of the Southwest Quarter, and the Southwest 
71.15 	Quarter of the Southwest Quarter, Section 15, Township 42 North, Range 23 West;
71.16 	(9) Section 16, Township 42 North, Range 23 West;
71.17 	(10) the Northeast Quarter and the East Half of the Northwest Quarter, Section 17, 
71.18 	Township 42 North, Range 23 West; and
71.19 	(11) Section 23, Township 42 North, Range 23 West.

71.20 	Sec. 95. TEMPORARY ENFORCEMENT OF GROUNDWATER APPROPRIATION 
71.21 	PERMIT REQUIREMENTS.
 71.22 	(a) Until July 1, 2019, the commissioner of natural resources must not expend funds to 
71.23 	suspend or revoke a water appropriation permit, issue an order requiring a violation to be 
71.24 	corrected, assess monetary penalties, or otherwise take enforcement action against a water 
71.25 	appropriation permit holder if the suspension, revocation, order, penalty, or other enforcement 
71.26 	action is based solely on a violation of a permit requirement added as a result of a court 
71.27 	order issued in 2017.
71.28 	(b) The commissioner of natural resources may continue to use all the authorities granted 
71.29 	to the commissioner under Minnesota Statutes, section 103G.287, to manage groundwater 
71.30 	resources within the north and east groundwater management area.

72.1 	Sec. 96. GROUNDWATER MANAGEMENT AREA PERMIT REQUIREMENTS.
 72.2 	(a) Notwithstanding water appropriation permit requirements added by the commissioner 
72.3 	of natural resources as a result of a court order issued in 2017, a public water supplier located 
72.4 	in the seven-county metropolitan area within a designated groundwater management area:
72.5 	(1) is not required to revise a water supply plan to include contingency plans to fully or 
72.6 	partially convert its water supplies to surface water;
72.7 	(2) may prepare, enact, and enforce commercial or residential irrigation bans or alternative 
72.8 	measures that achieve similar water use reductions when notified by the commissioner of 
72.9 	natural resources that lake levels have fallen below court-ordered levels; and
72.10 	(3) is not required to use per capita residential water use as a measure for purposes of 
72.11 	water use reduction goals, plans, and implementation and may submit water use plans and 
72.12 	reports that use a measure other than per capita residential water use.
72.13 	(b) This section expires July 1, 2019.

72.14 	Sec. 97. VOLKSWAGEN SETTLEMENT; LIMITATION ON ADMINISTRATIVE 
72.15 	EXPENSES; PROHIBITION ON HIRING.
 72.16 		Subdivision 1.Definition. For purposes of this section, "settlement money" means 
72.17 	money awarded to the state under the Environmental Mitigation Trust Agreement for State 
72.18 	Beneficiaries described in Attachment A to the United States' Notice of Filing of Trust 
72.19 	Agreements in the case of United States v. Volkswagen AG et al., Case No. 16-cv-295 
72.20 	(N.D. Cal.).
72.21 		Subd. 2.Limitation on administrative expenses. The commissioner of the Pollution 
72.22 	Control Agency must use no more than three percent of any settlement money for 
72.23 	administering grant programs, delivering technical services, providing fiscal oversight, and 
72.24 	ensuring accountability.
72.25 		Subd. 3.Prohibition on hiring. The commissioner of the Pollution Control Agency 
72.26 	must not hire additional staff using settlement money or to administer settlement money.

72.27 	Sec. 98. RULEMAKING; DISPOSAL FACILITY CERTIFICATES.
 72.28 	(a) The commissioner of the Pollution Control Agency must amend Minnesota Rules, 
72.29 	part 7048.1000, subpart 4, item D, to require six contact hours of required training to renew 
72.30 	a type IV disposal facility certificate, by April 30, 2019, or nine months after enactment of 
72.31 	this section, whichever is earlier.
73.1 	(b) The commissioner may use the good cause exemption under Minnesota Statutes, 
73.2 	section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota 
73.3 	Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, 
73.4 	section 14.388.

73.5 	Sec. 99. APPLICATION OF STORM WATER RULES TO TOWNSHIPS.
 73.6 	Until the Pollution Control Agency amends rules for storm water, Minnesota Rules, part 
73.7 	7090.1010, subpart 1, item B, subitem (1), only applies to the portions of the city or township 
73.8 	that are designated as urbanized under Code of Federal Regulations, title 40, section 
73.9 	122.26(a)(9)(i)(A) and other platted areas within that jurisdiction.

73.10 	Sec. 100. RULE CHANGE; TRANSITION.
 73.11 	(a) The director of the State Lottery shall amend Minnesota Rules, part 7856.4030, so 
73.12 	that the director compensates retailers consistent with Minnesota Statutes, section 349A.17.
73.13 	(b) For tickets sold prior to August 1, 2018, the director of the State Lottery shall 
73.14 	compensate lottery retailers as provided by law or rule in effect on the date the ticket was 
73.15 	sold.

73.16 	EFFECTIVE DATE. This section is effective August 1, 2018.

73.17 	Sec. 101. FOREST INVENTORY RECOMMENDATIONS.
 73.18 	The Minnesota Forest Resources Council shall work in cooperation with the Interagency 
73.19 	Information Cooperative and the University of Minnesota Department of Forest Resources 
73.20 	to make recommendations for improving stand-level forest inventories. Recommendations 
73.21 	shall include the frequency and scope of forest inventory and design and technological 
73.22 	improvements and efficiencies that may be utilized in forest inventory data collection and 
73.23 	analysis. The recommendations shall address forest inventories of state- and 
73.24 	county-administered forest lands and other interested land managers. Recommendations 
73.25 	shall be reported to the house of representatives Environment and Natural Resources Policy 
73.26 	and Finance Committee, the senate Environment and Natural Resources Finance Committee, 
73.27 	and the senate Environment and Natural Resources Policy and Legacy Finance Committee 
73.28 	by February 1, 2019.

74.1 	Sec. 102. LAKE WINONA MANAGEMENT; USING OFFSET, ADAPTIVE 
74.2 	PLANNING.
 74.3 	(a) To facilitate implementation of the Lake Winona total maximum daily load, the 
74.4 	Alexandria Lake Area Sanitary District may fund or perform lake management activities 
74.5 	in Lake Winona and in Lake Agnes. Lake management activities may include but are not 
74.6 	limited to carp removal and alum treatment. If the district agrees to fund or perform lake 
74.7 	management activities in Lake Winona and in Lake Agnes, the commissioner of the Pollution 
74.8 	Control Agency shall do one of the following unless the district chooses another path to 
74.9 	compliance that conforms to state and federal law, such as facility construction:
74.10 	(1) approve an offset of the phosphorous loading proportional to the reduction achievable 
74.11 	through lake management activities in Lake Winona and Lake Agnes creditable to the 
74.12 	Alexandria Lake Area Sanitary District's wastewater treatment facility and issue or amend 
74.13 	the district's NPDES permit MN004738 to include the offset. The approved offset may be 
74.14 	related to the lake eutrophication response variable chlorophyll-a, but shall ensure the district 
74.15 	can achieve compliance with phosphorus effluent limits through wastewater optimization 
74.16 	techniques without performing capital upgrades to the wastewater treatment facility. The 
74.17 	lake management activities contemplated under this paragraph need not be completed before 
74.18 	the commissioner approves the offset and related discharge limits or issues the permit, but 
74.19 	the permit may include a schedule of compliance outlining the required lake management 
74.20 	activities and requiring that lake management activities in Lake Winona and Lake Agnes 
74.21 	begin immediately upon permit issuance. The approved offset and related permit language 
74.22 	must be consistent with Clean Water Act requirements and Minnesota Statutes, section 
74.23 	115.03, subdivision 10; or
74.24 	(2) amend the district's NPDES permit MN004738 in a manner consistent with state and 
74.25 	federal law to include an integrated and adaptive lake management plan and to extend the 
74.26 	final compliance deadline for the final phosphorus concentration effluent limit related to 
74.27 	the site specific standard for Lake Winona contained in the district's permit until such time 
74.28 	that carp removal in Lake Winona can be completed and the lake can be reassessed. The 
74.29 	permit may include a schedule of compliance outlining the required lake management 
74.30 	activities and requiring that lake management activities in Lake Winona and Lake Agnes 
74.31 	begin immediately upon permit issuance.
74.32 	(b) If the district agrees to fund or perform the lake management activities identified in 
74.33 	paragraph (a), the district may cooperate with the city of Alexandria in those efforts. The 
74.34 	district's responsibility for lake management activities in Lake Winona and Lake Agnes 
75.1 	terminates upon completion of the lake management activities identified in the schedule of 
75.2 	compliance contemplated under paragraph (a).

75.3 	EFFECTIVE DATE. This section is effective the day after the governing body of the 
75.4 	Alexandria Lake Area Sanitary District and its chief clerical officer timely complete their 
75.5 	compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3, but not before 
75.6 	July 1, 2018.

75.7 	Sec. 103. MORATORIUM ON MUSKELLUNGE STOCKING IN OTTER TAIL 
75.8 	COUNTY.
 75.9 	(a) Until August 1, 2023, the commissioner of natural resources must not stock 
75.10 	muskellunge in waters wholly located in Otter Tail County. Any savings realized as a result 
75.11 	must be used for walleye stocking.
75.12 	(b) The commissioner of natural resources must convene a stakeholder group to examine 
75.13 	the effect of muskellunge on the environment, waters, and native fish of Otter Tail County. 
75.14 	The stakeholder group must include an Otter Tail County commissioner, a representative 
75.15 	of the Minnesota Chamber of Commerce, and a representative of an Otter Tail County lake 
75.16 	association. The stakeholder group must examine existing scientific research and must 
75.17 	determine whether additional research is necessary. If the stakeholder group determines 
75.18 	that muskellunge do not pose a threat to the environment, waters, or native fish of Otter 
75.19 	Tail County, the stakeholder group may recommend that the legislature repeal or adjust the 
75.20 	moratorium imposed under paragraph (a).

75.21 	EFFECTIVE DATE. This section is effective the day after the Otter Tail County Board 
75.22 	of Commissioners and its chief clerical officer timely complete their compliance with 
75.23 	Minnesota Statutes, section 645.021, subdivisions 2 and 3, but not before July 1, 2018.

75.24 	Sec. 104. NATURAL RESOURCES YOUTH SAFETY EDUCATION PROGRAMS 
75.25 	DELIVERY.
 75.26 	The commissioner of natural resources shall review and research options for delivering 
75.27 	online safety training programs for youth and adult students, including off-highway vehicles 
75.28 	and hunter education, that are maintained and delivered by the state that functions 
75.29 	independently from an outside contract vendor. By March 1, 2019, the commissioner shall 
75.30 	report to the chairs of the senate and house of representatives environment and natural 
75.31 	resources policy and finance committees on options identified under this section.

76.1 	Sec. 105. NONPOINT PRIORITY FUNDING PLAN WORKGROUP.
 76.2 	The Board of Water and Soil Resources must convene a workgroup consisting of 
76.3 	representatives of state agencies, local governments, tribal governments, private and nonprofit 
76.4 	organizations, and others to review the nonpoint priority funding plan under Minnesota 
76.5 	Statutes, section 114D.50, subdivision 3a. By January 31, 2019, the board must submit a 
76.6 	report to the chairs and ranking minority members of the house of representatives and senate 
76.7 	committees with jurisdiction over environment and natural resources that contains 
76.8 	recommendations to improve the effectiveness of nonpoint priority funding plans to meet 
76.9 	the requirements in Minnesota Statutes, section 114D.50, subdivision 3a, the purposes in 
76.10 	Minnesota Statutes, section 114D.50, subdivision 3, and the watershed and groundwater 
76.11 	restoration and protection goals of Minnesota Statutes, chapters 103B and 114D.

76.12 	Sec. 106.  REPEALER.
 76.13 	(a) Minnesota Statutes 2016, section 349A.16, is repealed.
76.14 	(b) Laws 2008, chapter 368, article 1, section 21, subdivision 2, is repealed.

76.15 	ARTICLE 3
76.16 	ACCELERATED BUFFER STRIP IMPLEMENTATION

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

76.23 	Sec. 2. Minnesota Statutes 2016, section 17.117, subdivision 4, is amended to read:
76.24 		Subd. 4.Definitions. (a) For the purposes of this section, the terms defined in this 
76.25 	subdivision have the meanings given them.
76.26 	(b) "Agricultural and environmental revolving accounts" means accounts in the 
76.27 	agricultural fund, controlled by the commissioner, which hold funds available to the program.
76.28 	(c) "Agriculture supply business" means a person, partnership, joint venture, corporation, 
76.29 	limited liability company, association, firm, public service company, or cooperative that 
76.30 	provides materials, equipment, or services to farmers or agriculture-related enterprises.
77.1 	(d) "Allocation" means the funds awarded to an applicant for implementation of best 
77.2 	management practices through a competitive or noncompetitive application process.
77.3 	(e) "Applicant" means a local unit of government eligible to participate in this program 
77.4 	that requests an allocation of funds as provided in subdivision 6b.
77.5 	(f) "Best management practices" has the meaning given in sections 103F.711, subdivision 
77.6 	3, and 103H.151, subdivision 2. Best management practices also means other practices, 
77.7 	techniques, and measures that have been demonstrated to the satisfaction of the 
77.8 	commissioner: (1) to prevent or reduce adverse environmental impacts by using the most 
77.9 	effective and practicable means of achieving environmental goals; or (2) to achieve drinking 
77.10 	water quality standards under chapter 103H or under Code of Federal Regulations, title 40, 
77.11 	parts 141 and 143, as amended.
77.12 	(g) "Borrower" means a farmer, an agriculture supply business, or a rurala landowner, 
77.13 	or an approved environmental service provider applying for a low-interest loan.
77.14 	(h) "Commissioner" means the commissioner of agriculture, including when the 
77.15 	commissioner is acting in the capacity of chair of the Rural Finance Authority, or the designee 
77.16 	of the commissioner.
77.17 	(i) "Committed project" means an eligible project scheduled to be implemented at a 
77.18 	future date:
77.19 	(1) that has been approved and certified by the local government unit; and
77.20 	(2) for which a local lender has obligated itself to offer a loan.
77.21 	(j) "Comprehensive water management plan" means a state-approved and locally adopted 
77.22 	plan authorized under section 103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or 
77.23 	103D.405.
77.24 	(k) "Cost incurred" means expenses for implementation of a project accrued because 
77.25 	the borrower has agreed to purchase equipment or is obligated to pay for services or materials 
77.26 	already provided as a result of implementing an approved eligible project.
77.27 	(l) "Environmental service providers" means public or private organizations and 
77.28 	businesses approved by the commissioner that provide services or materials for 
77.29 	implementation of eligible best management practices for, or on behalf of, eligible individuals 
77.30 	or multiple individuals, including but not limited to drainage authorities, watershed districts, 
77.31 	municipalities, counties, water-quality cooperatives, or private businesses providing 
77.32 	environment-related services or materials, except as expressly limited in this section.
78.1 	(l) (m) "Farmer" means a person, partnership, joint venture, corporation, limited liability 
78.2 	company, association, firm, public service company, or cooperative that regularly participates 
78.3 	in physical labor or operations management of farming and files a Schedule F as part of 
78.4 	filing United States Internal Revenue Service Form 1040 or indicates farming as the primary 
78.5 	business activity under Schedule C, K, or S, or any other applicable report to the United 
78.6 	States Internal Revenue Service.
78.7 	(n) "Landowner" means the owner of record of Minnesota real estate on which the project 
78.8 	is located.
78.9 	(m) (o) "Lender agreement" means an agreement entered into between the commissioner 
78.10 	and a local lender which contains terms and conditions of participation in the program.
78.11 	(n) (p) "Local government unit" means a county, soil and water conservation district, or 
78.12 	an organization formed for the joint exercise of powers under section 471.59 with the 
78.13 	authority to participate in the program.
78.14 	(o) (q) "Local lender" means a local government unit as defined in paragraph (n) (p), a 
78.15 	local municipality or county with taxing or special assessment authority, a watershed district, 
78.16 	a drainage authority, a township, a state or federally chartered bank, a savings association, 
78.17 	a state or federal credit union, Agribank and its affiliated organizations, or a nonprofit 
78.18 	economic development organization or other financial lending institution approved by the 
78.19 	commissioner.
78.20 	(p) (r) "Local revolving loan account" means the account held by a local government 
78.21 	unit and a local lender into which principal repayments from borrowers are deposited and 
78.22 	new loans are issued in accordance with the requirements of the program and lender 
78.23 	agreements.
78.24 	(q) (s) "Nonpoint source" has the meaning given in section 103F.711, subdivision 6.
78.25 	(r) (t) "Program" means the agriculture best management practices loan program in this 
78.26 	section.
78.27 	(s) (u) "Project" means one or more components or activities located within Minnesota 
78.28 	that are required by the local government unit to be implemented for satisfactory completion 
78.29 	of an eligible best management practice.
78.30 	(t) "Rural landowner" means the owner of record of Minnesota real estate located in an 
78.31 	area determined by the local government unit to be rural after consideration of local land 
78.32 	use patterns, zoning regulations, jurisdictional boundaries, local community definitions, 
78.33 	historical uses, and other pertinent local factors.
79.1 	(u) "Water-quality cooperative" has the meaning given in section 115.58, paragraph (d), 
79.2 	except as expressly limited in this section.

79.3 	Sec. 3. Minnesota Statutes 2016, section 17.117, subdivision 11, is amended to read:
79.4 		Subd. 11.Loans issued to borrower. (a) Local lenders may issue loans only for projects 
79.5 	that are approved and certified by the local government unit as meeting priority needs 
79.6 	identified in a comprehensive water management plan or other local planning documents, 
79.7 	are in compliance with accepted practices, standards, specifications, or criteria, and are 
79.8 	eligible for financing under Environmental Protection Agency or other applicable guidelines.
79.9 	(b) The local lender may use any additional criteria considered necessary to determine 
79.10 	the eligibility of borrowers for loans.
79.11 	(c) Local lenders shall set the terms and conditions of loans to borrowers, except that:
79.12 	(1) no loan to a borrower may exceed $200,000;
79.13 	(2) no loan for a project may exceed $200,000; and
79.14 	(3) no borrower shall, at any time, have multiple loans from this program with a total 
79.15 	outstanding loan balance of more than $200,000.
79.16 	(d) The maximum term length for projects in this paragraph is ten years.
79.17 	(e) Fees charged at the time of closing must:
79.18 	(1) be in compliance with normal and customary practices of the local lender;
79.19 	(2) be in accordance with published fee schedules issued by the local lender;
79.20 	(3) not be based on participation program; and
79.21 	(4) be consistent with fees charged other similar types of loans offered by the local 
79.22 	lender.
79.23 	(f) The interest rate assessed to an outstanding loan balance by the local lender must not 
79.24 	exceed three percent per year.
79.25 	(g) Environmental service providers may request loans to finance projects implemented 
79.26 	on behalf of multiple eligible individuals in excess of the limits in paragraph (c), not to 
79.27 	exceed the total of the number of represented landowners multiplied by the limit in paragraph 
79.28 	(c), clause (1).

80.1 	Sec. 4. Minnesota Statutes 2016, section 103E.021, subdivision 6, is amended to read:
80.2 		Subd. 6.Incremental implementation establishment of vegetated ditch buffer strips 
80.3 	and side inlet controls. (a) Notwithstanding other provisions of this chapter requiring 
80.4 	appointment of viewers and redetermination of benefits and damages, a drainage authority 
80.5 	may implement make findings and order the establishment of permanent buffer strips of 
80.6 	perennial vegetation approved by the drainage authority or side inlet controls, or both, 
80.7 	adjacent to a public drainage ditch, where necessary to control erosion and sedimentation, 
80.8 	improve water quality, or maintain the efficiency of the drainage system. The drainage 
80.9 	authority's finding that the establishment of permanent buffer strips of perennial vegetation 
80.10 	or side inlet controls is necessary to control erosion and sedimentation, improve water 
80.11 	quality, or maintain the efficiency of the drainage system is sufficient to confer jurisdiction 
80.12 	under this subdivision. Preference should be given to planting native species of a local 
80.13 	ecotype. The approved perennial vegetation shall not impede future maintenance of the 
80.14 	ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width measured 
80.15 	outward from the top edge of the existing constructed channel. Drainage system rights-of-way 
80.16 	for the acreage and additional property required for the permanent strips must be acquired 
80.17 	by the authority having jurisdiction.
80.18 	(b) A project under this subdivision shall be implemented as a repair according to section 
80.19 	103E.705, except that the drainage authority may appoint an engineer to examine the drainage 
80.20 	system and prepare an engineer's repair report for the project.
80.21 	(c) Damages shall be determined by the drainage authority, or viewers, appointed by 
80.22 	the drainage authority, according to section 103E.315, subdivision 8. A damages statement 
80.23 	shall be prepared, including an explanation of how the damages were determined for each 
80.24 	property affected by the project, and filed with the auditor or watershed district. Within 30 
80.25 	days after the damages statement is filed, the auditor or watershed district shall prepare 
80.26 	property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2), (6), 
80.27 	(7), and (8), and mail a copy of the property owner's report and damages statement to each 
80.28 	owner of property affected by the proposed project.
80.29 	(d) After a damages statement is filed, the drainage authority shall set a time, by order, 
80.30 	not more than 30 days after the date of the order, for a hearing on the project. At least ten 
80.31 	days before the hearing, the auditor or watershed district shall give notice by mail of the 
80.32 	time and location of the hearing to the owners of property and political subdivisions likely 
80.33 	to be affected by the project.
81.1 	(e) The drainage authority shall make findings and order the repairs to be made if the 
81.2 	drainage authority determines from the evidence presented at the hearing and by the viewers 
81.3 	and engineer, if appointed, that the repairs are necessary for the drainage system and the 
81.4 	costs of the repairs are within the limitations of section 103E.705.

81.5 	Sec. 5. Minnesota Statutes 2016, section 103E.071, is amended to read:
81.6 	103E.071 COUNTY ATTORNEY.
81.7 	The county attorney shall represent the county in all drainage proceedings and related 
81.8 	matters without special compensation, except as provided in section 388.09, subdivision 1. 
81.9 	A county attorney, the county attorney's assistant, or any attorney associated with the county 
81.10 	attorney in business, may not otherwise appear in any drainage proceeding for any interested 
81.11 	person.

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

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

82.1 	ARTICLE 4
82.2 	RUNOFF AND SEDIMENT DELIVERY OPTION

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

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

82.13 	Sec. 3. Minnesota Statutes 2016, section 103E.095, is amended to read:
82.14 	103E.095 APPEAL FROM ORDERS OF AN ORDER DISMISSING OR 
82.15 	ESTABLISHING A DRAINAGE SYSTEMS PROJECT, OR OF A REPAIR COST 
82.16 	APPORTIONMENT REPORT.
82.17 		Subdivision 1.Notice of appeal. A party may appeal an order made by the board that 
82.18 	dismisses drainage project proceedings or, establishes or refuses to establish a drainage 
82.19 	project, or approves a repair cost apportionment report to the district court of the county 
82.20 	where the drainage proceedings or drainage system repair are pending. The appellant must 
82.21 	serve notice of the appeal to the auditor or secretary within 30 days after the order is filed. 
82.22 	After notice of the appeal is served, the appeal may be brought to trial by the appellant or 
82.23 	the drainage authority after notifying the other party at least ten days before the trial date.
82.24 		Subd. 2.Trial. The appeal must be tried by the court without a jury. The court shall 
82.25 	examine the entire drainage proceeding and related matters and receive evidence to determine 
82.26 	whether the findings made by the board can be sustained. At the trial the findings made by 
82.27 	the board are prima facie evidence of the matters stated in the findings, and the board's order 
82.28 	is prima facie reasonable. If the court finds that the order appealed is lawful and reasonable, 
82.29 	it shall be affirmed. If the court finds that the order appealed is arbitrary, unlawful, or not 
82.30 	supported by the evidence, it shall make an order, justified by the court record, to take the 
82.31 	place of the appealed order or repair cost apportionment report, or remand the order or report 
83.1 	to the board for further proceedings. After the appeal has been determined by the court, the 
83.2 	board shall proceed in conformity with the court order.
83.3 		Subd. 3.Determination of benefits and damages after court order. If the order 
83.4 	establishing a drainage project is appealed, the trial of appeals related to benefits or damages 
83.5 	in the drainage proceeding must be stayed until the establishment appeal is determined. If 
83.6 	the order establishing the drainage project is affirmed, appeals related to benefits and damages 
83.7 	must then be tried.
83.8 		Subd. 4.Procedure if appeal order establishes drainage project. If an order refusing 
83.9 	to establish a drainage project is appealed, and the court, by order, establishes the drainage 
83.10 	project, the auditor shall give notice by publication of the filed order. The notice is sufficient 
83.11 	if it refers to the drainage project or system by number or other descriptive designation, 
83.12 	states the meaning of the order, and states the date the court order was filed. A person may 
83.13 	appeal the establishment order to the district court as provided in this section.
83.14 		Subd. 5.Appeal of appellate order. A party aggrieved by a final order or judgment 
83.15 	rendered on appeal to the district court may appeal as in other civil cases. The appeal must 
83.16 	be made and perfected within 30 days after the filing of the order or entry of judgment.

83.17 	Sec. 4. Minnesota Statutes 2016, section 103E.215, subdivision 5, is amended to read:
83.18 		Subd. 5.Subsequent proceedings. When a petition and the bond required by section 
83.19 	103E.202 are filed, the auditor shall present the petition to the board at its next meeting or, 
83.20 	for a joint county drainage system, to the joint county drainage authority within ten days 
83.21 	after the petition is filed. The drainage authority shall appoint an engineer to examine the 
83.22 	drainage system and make an improvement report. The improvement proceedings must be 
83.23 	conducted under this chapter as provided for the original proceedings for the establishment 
83.24 	of a drainage project. The benefits and damages determined must be as a result of the 
83.25 	proposed improvement. Assessments for the repair of the improvement must be based on 
83.26 	the benefits determined for the improvement.

83.27 	Sec. 5. Minnesota Statutes 2016, section 103E.401, subdivision 4, is amended to read:
83.28 		Subd. 4.Hearing. At the hearing the drainage authority shall consider the capacity of 
83.29 	the outlet drainage system. If express authority is given to use the drainage system as an 
83.30 	outlet, the drainage authority shall state, by order, the terms and conditions for use of the 
83.31 	established drainage system as an outlet and shall set the amount to be paid as an outlet fee. 
83.32 	The order must describe the property to be benefited by the drainage system and must state 
83.33 	the amount of benefits to the property for the outlet. The property benefited is liable for 
84.1 	repair assessments levied after that time in the drainage system, on the basis of the benefits 
84.2 	as if the benefits had been determined in the order establishing the drainage system in 
84.3 	accordance with section 103E.728.

84.4 	Sec. 6. Minnesota Statutes 2016, section 103E.411, subdivision 5, is amended to read:
84.5 		Subd. 5.Benefits and assessments if drainage system established. If the drainage 
84.6 	system is established, the drainage authority must determine the amount the municipality 
84.7 	must pay for the privilege of using the drainage system as an outlet. The amount must be 
84.8 	paid to the affected counties drainage authority and credited to the account of the drainage 
84.9 	system used as an outlet. The municipality is liable for all subsequent liens and assessments 
84.10 	for the repair and maintenance of the drainage system in proportion to the benefits, as though 
84.11 	the benefits were determined in the order establishing the drainage system accordance with 
84.12 	section 103E.728.

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

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

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

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

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

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

85.25 	Sec. 13. Minnesota Statutes 2016, section 103E.715, subdivision 4, is amended to read:
85.26 		Subd. 4.Hearing on repair report. (a) The drainage authority shall make findings and 
85.27 	order the repair to be made if:
85.28 	(1) the drainage authority determines from the repair report and the evidence presented 
85.29 	that the repairs recommended are necessary for the best interests of the affected property 
85.30 	owners; or
85.31 	(2) the repair petition is signed by the owners of at least 26 percent of the property area 
85.32 	affected by and assessed for the original construction benefits of the drainage system, and 
86.1 	the drainage authority determines that the drainage system is in need of repair so that it no 
86.2 	longer serves its original purpose and the cost of the repair will not exceed the total benefits 
86.3 	determined in the original drainage system proceeding of record for the drainage system.
86.4 	(b) The order must direct the auditor and the chair of the board or, for a joint county 
86.5 	drainage system, the auditors of the affected counties to proceed and prepare and award a 
86.6 	contract for the repair of the drainage system. The contract must be for the repair described 
86.7 	in the repair report and as determined necessary by the drainage authority, and be prepared 
86.8 	in the manner provided in this chapter for the original drainage system construction.

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

86.14 	Sec. 15. Minnesota Statutes 2016, section 103E.725, is amended to read:
86.15 	103E.725 COST OF REPAIR.
86.16 	All fees and costs incurred for proceedings relating to the repair of a drainage system, 
86.17 	including inspections, engineering, viewing, determination and administration of repair cost 
86.18 	apportionment, hearings, and publications, as applicable, are costs of the repair and must 
86.19 	be assessed against the property and entities benefited.

86.20 	Sec. 16. Minnesota Statutes 2016, section 103E.728, subdivision 1, is amended to read:
86.21 		Subdivision 1.Generally. Except as otherwise provided in this section, the cost of 
86.22 	repairing a drainage system shall be apportioned:
86.23 	(1) pro rata on all property and entities that have been assessed benefits for the drainage 
86.24 	system except as provided in this section based on an applicable confirmed viewers' report 
86.25 	of benefits and damages; or
86.26 	(2) on all property contributing runoff to the drainage system, based on relative runoff 
86.27 	and relative sediment delivery in an approved repair cost apportionment report, in accordance 
86.28 	with subdivision 1a.
86.29 	Repair costs apportioned using the method in clause (2) are charges for property contributing 
86.30 	runoff to the drainage system that shall be considered repair cost assessments in this chapter.

87.1 	Sec. 17. Minnesota Statutes 2016, section 103E.728, is amended by adding a subdivision 
87.2 	to read:
87.3 		Subd. 1a.Relative runoff and relative sediment delivery method for repair cost 
87.4 	apportionment. (a) When the drainage authority has determined that a drainage system 
87.5 	repair is necessary, the drainage authority may apportion costs for the repair of a drainage 
87.6 	system based on relative runoff and relative sediment delivery from any property, public 
87.7 	road, street, railway, or other utility contributing runoff to the drainage system as provided 
87.8 	in this subdivision. If this cost apportionment method is used, costs must be determined 
87.9 	prior to ordering the repair of all or any part of a drainage system as provided in section 
87.10 	103E.705, subdivision 3, or 103E.715, subdivision 4, or prior to levying a repair fund 
87.11 	assessment as provided in section 103E.735, subdivision 1.
87.12 	(b) The drainage authority shall appoint one or more persons qualified to use geographic 
87.13 	information system technology and applicable digital information, including but not limited 
87.14 	to conditioned topographic data, soils and land use data, and property, road, and utility 
87.15 	corridor identification data, together with appropriate on-site verification, to equitably 
87.16 	apportion repair costs.
87.17 	(c) The person or persons conducting the cost apportionment shall file a repair cost 
87.18 	apportionment report with the drainage authority explaining in nontechnical language the 
87.19 	method, data, and interpretations used, and the cost apportionment results. The report shall 
87.20 	present data and results in a format so that individual property owners, political subdivisions, 
87.21 	and utilities can clearly examine the information applicable to their property, public road, 
87.22 	street, railway, or other utility, including for each parcel having a separate property 
87.23 	identification number.
87.24 	(d) When a repair cost apportionment report is filed, the drainage authority, in consultation 
87.25 	with the auditor or secretary, shall set a time, by order, for a hearing on the report not more 
87.26 	than 30 days after the date of the order. At least 20 days before the hearing, the auditor or 
87.27 	secretary shall give notice by mail of the time and location of the hearing to the owners of 
87.28 	property, political subdivisions, and utilities proposed to be assessed in the report. The 
87.29 	notice of hearing must include a copy of the portion of the report explaining in nontechnical 
87.30 	language the method, data, and interpretations used, the cost apportionment results applicable 
87.31 	to the property owner, political subdivision, or utility receiving notice, and a statement of 
87.32 	the location where the entire repair cost apportionment report has been filed for public 
87.33 	inspection.
88.1 	(e) At the hearing, the drainage authority shall hear and consider the testimony presented 
88.2 	by all interested parties. At least one person responsible for preparing the repair cost 
88.3 	apportionment report shall be present at the initial hearing.
88.4 	(f) If the drainage authority determines that the apportionment of costs is not equitable, 
88.5 	the drainage authority may amend the repair cost apportionment report and shall make 
88.6 	necessary and proper findings and an order in relation to the report, or resubmit matters to 
88.7 	the preparer of the repair cost apportionment report for further consideration. If matters are 
88.8 	resubmitted, the hearing may be continued as necessary to make and hear an amended report. 
88.9 	The report preparer shall proceed promptly to reconsider resubmitted matters and shall make 
88.10 	and file an amended report. The drainage authority may replace the original report with the 
88.11 	amended report for apportionment of repair costs and make necessary and proper findings 
88.12 	and an order to approve the amended report. The jurisdiction of the drainage authority 
88.13 	continues in the property given proper notice, and new or additional notice is not required 
88.14 	for that property.
88.15 	(g) After consideration of the repair cost apportionment report, any amended report, and 
88.16 	all evidence presented, the drainage authority shall make findings, approve the report, and 
88.17 	apportion repair costs consistent with the values in the repair cost apportionment report if 
88.18 	it finds that the cost apportionment is equitable based on:
88.19 	(1) the weighting of relative runoff and relative sediment delivery is appropriate for the 
88.20 	type of repair;
88.21 	(2) the data inputs are reliable; and
88.22 	(3) the computation method is reliable.
88.23 	(h) The drainage authority may continue to apportion repair costs consistent with the 
88.24 	values in the repair cost apportionment report of record. After a repair cost apportionment 
88.25 	report has been approved under this subdivision, an owner of property, a political subdivision, 
88.26 	or a utility assessed in the repair cost apportionment report of record may request in writing 
88.27 	that the drainage authority update the report based on changed land use. The request shall 
88.28 	be filed with the auditor of the county where the property is located or the secretary. Prior 
88.29 	to the next approval by the drainage authority of a repair cost assessment for the drainage 
88.30 	system, the drainage authority shall determine if the repair cost apportionment report of 
88.31 	record reasonably reflects current land use, relative runoff, and relative sediment delivery. 
88.32 	If it does not, the drainage authority shall make findings and shall appoint one or more 
88.33 	persons to prepare and file an updated repair cost apportionment report for the drainage 
88.34 	system in accordance with paragraphs (c), (d), (e), (f), and (g).
89.1 	(i) Proper consideration must be given to property that is used for conservation that 
89.2 	prohibits development or land use change by ownership, deed restriction, or conservation 
89.3 	easement, or is enrolled in a program that prohibits agricultural crop production.
89.4 	(j) The owner of any property subject to cost apportionment listed in the adopted repair 
89.5 	cost apportionment report may appeal findings of the drainage authority under paragraph 
89.6 	(g) as provided in section 103E.095.

89.7 	Sec. 18. Minnesota Statutes 2016, section 103E.728, subdivision 2, is amended to read:
89.8 		Subd. 2.Additional assessment for agricultural practices on permanent strip of 
89.9 	perennial vegetation. (a) The drainage authority may, after notice and hearing, charge an 
89.10 	additional assessment on property that has agricultural practices on or otherwise violates 
89.11 	provisions related to the permanent strip of perennial vegetation acquired under section 
89.12 	103E.021.
89.13 	(b) The drainage authority may determine the cost of the repair per mile of open ditch 
89.14 	on the ditch system. Property that is in violation of the grass section 103E.021 perennial 
89.15 	buffer strip requirement shall be assessed a an additional cost of 20 percent of the repair 
89.16 	cost per open ditch mile multiplied by the length of open ditch in miles on the property in 
89.17 	violation.
89.18 	(c) After the amount of the additional assessment is determined and applied to the repair 
89.19 	cost, the balance of the repair cost may be apportioned pro rata as provided in subdivision 
89.20 	1.

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

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

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

90.7 	Sec. 22. Minnesota Statutes 2016, section 103E.735, subdivision 1, is amended to read:
90.8 		Subdivision 1.Authority and limits of fund. To create or maintain a repair fund for a 
90.9 	drainage system to be used only for repairs, the drainage authority may apportion and assess 
90.10 	an amount against all property and entities assessed for benefits in proceedings for 
90.11 	establishment of the drainage system, including property not originally assessed and 
90.12 	subsequently found to be benefited according to law in accordance with section 103E.728. 
90.13 	The fund may not exceed 20 percent of the assessed benefits of the drainage system or 
90.14 	$100,000, whichever is greater. If the account in a fund for a drainage system exceeds the 
90.15 	larger of 20 percent of the assessed benefits of the drainage system or $100,000, assessments 
90.16 	for the fund may not be made until the account is less than the larger of 20 percent of the 
90.17 	assessed benefits or $100,000. Assessments must be made pro rata according to the 
90.18 	determined benefits. Assessments may be made payable, by order, in equal annual 
90.19 	installments. The auditor shall file a tabular statement as provided in section 103E.731, 
90.20 	subdivision 4, with the county recorder. Assessments must be collected as provided in 
90.21 	section 103E.731.

APPENDIX 

Repealed Minnesota Statutes: S3141-2 

349A.16 LOTTERY RETAILER COMMISSIONS.
The director of the State Lottery shall: (1) increase commissions paid to lottery retailers in effect on January 1, 1998, by one-half percent on the price of each ticket sold by each retailer; and (2) provide that each lottery retailer receive a commission of at least one percent on the amount of each winning ticket cashed by that retailer. The director of the State Lottery shall periodically review lottery ticket sales and make such adjustments to lottery retailer commission rates as are deemed necessary to maintain appropriate return to the state.