HF 2439

as introduced - 94th Legislature (2025 - 2026) Posted on 03/17/2025 03:00pm

A bill for an act
relating to state government; appropriating money for environment and natural
resources; modifying fees and surcharges; modifying disposition of certain funds;
modifying permitting efficiency provisions; establishing stewardship program for
circuit boards, batteries, and electrical products; prohibiting mercury in batteries;
modifying funding considerations for water infrastructure; providing for recovery
of expenses of responding to pollutant release; modifying reimbursable costs under
Petroleum Tank Release Cleanup Act; providing for loans for regional parks and
trails projects; modifying grant programs; modifying prior appropriations; providing
civil penalties; authorizing rulemaking; amending Minnesota Statutes 2024, sections
85.055, subdivision 1; 86B.415, subdivision 7; 103G.271, subdivision 6; 103G.301,
subdivision 2; 115.01, by adding subdivisions; 115.071, subdivision 1; 115.072;
115A.121; 115A.554; 115B.421; 115C.02, subdivision 14, by adding a subdivision;
115C.09, subdivision 1; 116.03, subdivision 2b; 116.073, subdivisions 1, 2;
116.182, subdivision 5; 116.92, subdivision 6, by adding a subdivision; 168.1295,
subdivision 1; 446A.07, subdivision 8; 473.167; 473.355, subdivision 2; 473.5491,
subdivision 1; Laws 2023, chapter 60, article 1, section 2, subdivisions 2, 7;
proposing coding for new law in Minnesota Statutes, chapter 115A; repealing
Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8,
9, 10, 11, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, 20; 115A.1312; 115A.1314;
115A.1316; 115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324;
115A.1326; 115A.1328; 115A.1330; 115A.9155; 115A.9157, subdivisions 1, 2,
3, 5, 6, 7, 8, 9; 115A.961, subdivisions 1, 2, 3; 325E.125; 325E.1251.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2026" and "2027" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
is fiscal years 2026 and 2027.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2026 new text end		new text begin 2027 new text end

Sec. 2. new text begin POLLUTION CONTROL AGENCY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 151,162,000 new text end

new text begin $ new text end

new text begin 157,369,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 9,229,000 new text end	new text begin 9,391,000 new text end
new text begin State Government Special Revenue new text end	new text begin 90,000 new text end	new text begin 90,000 new text end
new text begin Environmental new text end	new text begin 120,156,000 new text end	new text begin 126,047,000 new text end
new text begin Remediation new text end	new text begin 21,687,000 new text end	new text begin 21,841,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin The commissioner must present the agency's
biennial budget for fiscal years 2028 and 2029
to the legislature in a transparent way by
agency division, including the proposed
budget bill and presentations of the budget to
committees and divisions with jurisdiction
over the agency's budget.
new text end

new text begin Subd. 2. new text end new text begin Environmental Analysis and Outcomes new text end

new text begin 23,079,000 new text end

new text begin 25,028,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 562,000 new text end	new text begin 582,000 new text end
new text begin Environmental new text end	new text begin 22,303,000 new text end	new text begin 24,232,000 new text end
new text begin Remediation new text end	new text begin 214,000 new text end	new text begin 214,000 new text end

new text begin (a) $128,000 the first year and $131,000 the
second year are for a municipal liaison to
assist municipalities with water quality
standards and NPDES/SDS permitting
processes, including enhanced economic
analysis in the water quality standards
rulemaking processes, identification of
cost-effective permitting opportunities,
simplifying the variance process, and
coordinating with the Public Facilities
Authority to identify and advocate for needed
resources for municipalities to achieve permit
requirements.
new text end

new text begin (b) $1,182,000 the first year and $1,191,000
the second year are from the environmental
fund for an air-monitoring program under
Minnesota Statutes, section 116.454, including
ambient air for hazardous pollutants, and for
operating a mobile emissions regulatory
monitoring trailer.
new text end

new text begin (c) $144,000 the first year and $148,000 the
second year are for monitoring water quality
and operating assistance programs.
new text end

new text begin (d) $109,000 the first year and $109,000 the
second year are from the environmental fund
for duties related to harmful chemicals in
children's products under Minnesota Statutes,
sections 116.9401 to 116.9407. Of this
amount, $70,000 the first year and $70,000
the second year are transferred to the
commissioner of health.
new text end

new text begin (e) $137,000 the first year and $139,000 the
second year are from the environmental fund
for registering wastewater laboratories.
new text end

new text begin (f) $1,527,000 the first year and $1,529,000
the second year are from the environmental
fund to continue perfluorochemical
biomonitoring in eastern metropolitan
communities, as recommended by the
Environmental Health Tracking and
Biomonitoring Advisory Panel, and to address
other environmental health risks, including air
quality. The communities must include Hmong
and other immigrant farming communities.
Of this amount, up to $1,248,000 the first year
and $1,248,000 the second year are for transfer
to the commissioner of health.
new text end

new text begin (g) $64,000 the first year and $65,000 the
second year are from the environmental fund
for the listing procedures for impaired waters
required under this act.
new text end

new text begin (h) $74,000 the first year and $74,000 the
second year are from the remediation fund for
the leaking underground storage tank program
to investigate, clean up, and prevent future
releases from underground petroleum storage
tanks and for the petroleum remediation
program for vapor assessment and
remediation. These same annual amounts are
transferred from the petroleum tank fund to
the remediation fund.
new text end

new text begin (i) $283,000 the first year and $296,000 the
second year are to support communities in
planning to implement projects that will allow
for adaptation for a changing climate.
new text end

new text begin (j) $2,139,000 the first year and $2,160,000
the second year are from the environmental
fund to develop and implement a program
related to emerging issues, including
Minnesota's PFAS Blueprint.
new text end

new text begin (k) $1,893,000 the first year and $1,915,000
the second year are from the environmental
fund to support improved management of data
collected by the agency and its partners and
regulated parties to facilitate decision-making
and public access.
new text end

new text begin (l) $7,000 the first year and $7,000 the second
year are to implement the requirements for
fish kills under Minnesota Statutes, sections
103G.216 and 103G.2165.
new text end

new text begin (m) $1,448,000 the second year is from the
environmental fund to adopt rules and
implement air toxics emissions requirements
under Minnesota Statutes, section 116.062.
new text end

new text begin (n) $904,000 the first year and $911,000 the
second year are from the environmental fund
for monitoring ambient air for hazardous air
pollutants in Hennepin, Ramsey, Washington,
and Olmsted Counties.
new text end

new text begin (o) $175,000 the first year and $175,000 the
second year are from the environmental fund
to address wastewater effluent limits and
variances for backlogged permits.
new text end

new text begin Subd. 3. new text end new text begin Industrial new text end

new text begin 24,638,000 new text end

new text begin 27,911,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 782,000 new text end	new text begin 789,000 new text end
new text begin Environmental new text end	new text begin 22,076,000 new text end	new text begin 25,341,000 new text end
new text begin Remediation new text end	new text begin 1,780,000 new text end	new text begin 1,781,000 new text end

new text begin (a) $1,670,000 the first year and $1,670,000
the second year are from the remediation fund
for the leaking underground storage tank
program to investigate, clean up, and prevent
future releases from underground petroleum
storage tanks and for the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.
new text end

new text begin (b) $149,000 the first year and $149,000 the
second year are from the environmental fund
for transfer to the commissioner of health to
further evaluate the use and reduction of
trichloroethylene around Minnesota and
identify its potential health effects on
communities.
new text end

new text begin (c) $257,000 the first year and $264,000 the
second year are for implementation of the odor
management requirements under Minnesota
Statutes, section 116.064.
new text end

new text begin (d) $148,000 the second year is from the
environmental fund for the purposes of the
public informational meeting requirements
under Minnesota Statutes, section 116.07,
subdivision 4m.
new text end

new text begin (e) $2,698,000 the first year and $2,718,000
the second year are from the environmental
fund for prioritizing air regulatory program
work in environmental justice areas.
new text end

new text begin (f) $2,539,000 the second year is from the
environmental fund for implementing the
environmental justice cumulative impact
analysis and other requirements under
Minnesota Statutes, section 116.065.
new text end

new text begin (g) $730,000 the first year and $740,000 the
second year are from the environmental fund
to improve the coordination, effectiveness,
transparency, and accountability of the
environmental review and permitting process.
new text end

new text begin (h) $700,00 the first year and $700,000 the
second year are to address backlogged permits.
Of this amount, $525,000 the first year and
$525,000 the second year are from the general
fund and $175,000 the first year and $175,000
the second year are from the environmental
fund.
new text end

new text begin (i) $700,000 the first year and $700,000 the
second year are from the environmental fund
to prioritize regulatory services for projects
that directly support the production of
sustainable aviation fuel in Minnesota.
new text end

new text begin Subd. 4. new text end new text begin Municipal new text end

new text begin 11,271,000 new text end

new text begin 11,410,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 228,000 new text end	new text begin 233,000 new text end
new text begin State Government Special Revenue new text end	new text begin 90,000 new text end	new text begin 90,000 new text end
new text begin Environmental new text end	new text begin 10,953,000 new text end	new text begin 11,087,000 new text end

new text begin (a) $228,000 the first year and $233,000 the
second year are for a municipal liaison to
assist municipalities with water quality
standards and NPDES/SDS permitting
processes, including enhanced economic
analysis in the water quality standards
rulemaking processes, identification of
cost-effective permitting opportunities,
simplifying the variance process, and
coordinating with the Public Facilities
Authority to identify and advocate for needed
resources for municipalities to achieve permit
requirements.
new text end

new text begin (b) $50,000 the first year and $50,000 the
second year are from the environmental fund
for transfer to the Office of Administrative
Hearings to establish sanitary districts.
new text end

new text begin (c) $2,511,000 the first year and $2,535,000
the second year are from the environmental
fund for subsurface sewage treatment system
(SSTS) program administration; for
community technical assistance and education,
including grants and technical assistance to
communities for water-quality protection, new
technology review, and enforcement under
Minnesota Statutes, sections 115.55 to 115.58;
and to complete the requirements of Laws
2003, chapter 128, article 1, section 165. Of
this amount, $350,000 each year is for
assistance to counties through grants for SSTS
program administration. A county receiving
a grant from this appropriation must submit
the results achieved with the grant to the
commissioner as part of its annual SSTS
report. Any unexpended balance in the first
year does not cancel but is available in the
second year.
new text end

new text begin (d) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2027, as
grants or contracts for subsurface sewage
treatment systems, surface water and
groundwater assessments, storm water, and
water-quality protection in this subdivision
are available until June 30, 2030.
new text end

new text begin Subd. 5. new text end new text begin Operations new text end

new text begin 15,321,000 new text end

new text begin 15,573,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 4,019,000 new text end	new text begin 4,115,000 new text end
new text begin Environmental new text end	new text begin 8,733,000 new text end	new text begin 8,870,000 new text end
new text begin Remediation new text end	new text begin 2,569,000 new text end	new text begin 2,588,000 new text end

new text begin (a) $1,124,000 the first year and $1,124,000
the second year are from the remediation fund
for the leaking underground storage tank
program to investigate, clean up, and prevent
future releases from underground petroleum
storage tanks and for the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.
new text end

new text begin (b) $3,204,000 the first year and $3,300,000
the second year are to support agency
information technology services provided at
the enterprise and agency level.
new text end

new text begin (c) $955,000 the first year and $965,000 the
second year are from the environmental fund
to develop and maintain systems to support
permitting and regulatory business processes
and agency data.
new text end

new text begin (d) $278,000 the first year and $280,000 the
second year are from the environmental fund
to support current and future career pathways
for underrepresented students.
new text end

new text begin (e) $375,000 the first year and $380,000 the
second year are from the environmental fund
to support financial planning and analysis to
assist with risk and compliance management
across agency programs and financial systems.
new text end

new text begin (f) $538,000 the first year and $542,000 the
second year are from the environmental fund
for Operations Division legal services that
support compliance programs.
new text end

new text begin (g) $815,000 the first year and $815,000 the
second year are for developing tools to
improve permitting issuance processes. This
appropriation is available until June 30, 2029.
This is a onetime appropriation.
new text end

new text begin (h) The total general fund base for the
Operations Division for fiscal year 2028 and
later is $3,300,000.
new text end

new text begin Subd. 6. new text end new text begin Remediation new text end

new text begin 17,368,000 new text end

new text begin 17,504,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin Environmental new text end	new text begin 642,000 new text end	new text begin 646,000 new text end
new text begin Remediation new text end	new text begin 16,726,000 new text end	new text begin 16,858,000 new text end

new text begin (a) All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise appropriated
is appropriated to the commissioners of the
Pollution Control Agency and agriculture for
purposes of Minnesota Statutes, section
115B.20, subdivision 2, clauses (1), (2), (3),
(6), and (7). At the beginning of each fiscal
year, the two commissioners must jointly
submit to the commissioner of management
and budget an annual spending plan that
maximizes resource use and appropriately
allocates the money between the two
departments.
new text end

new text begin (b) $4,622,000 the first year and $4,622,000
the second year are from the remediation fund
for the leaking underground storage tank
program to investigate, clean up, and prevent
future releases from underground petroleum
storage tanks and for the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.
new text end

new text begin (c) $316,000 the first year and $316,000 the
second year are from the remediation fund for
transfer to the commissioner of health for
private water-supply monitoring and health
assessment costs in areas contaminated by
unpermitted mixed municipal solid waste
disposal facilities and drinking water
advisories and public information activities
for areas contaminated by hazardous releases.
new text end

new text begin (d) $700,000 the first year and $700,000 the
second year are from the remediation fund to
review and mitigate the impacts from the
backlog of high-priority sites in the Superfund
site assessment program.
new text end

new text begin Subd. 7. new text end new text begin Resource Management and Assistance new text end

new text begin 47,180,000 new text end

new text begin 47,469,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 370,000 new text end	new text begin 370,000 new text end
new text begin Environmental new text end	new text begin 46,810,000 new text end	new text begin 47,099,000 new text end

new text begin (a) Up to $150,000 the first year and $150,000
the second year may be transferred from the
environmental fund to the small business
environmental improvement loan account
under Minnesota Statutes, section 116.993.
new text end

new text begin (b) $1,000,000 the first year and $1,000,000
the second year are for competitive recycling
grants under Minnesota Statutes, section
115A.565. Of this amount, $300,000 the first
year and $300,000 the second year are from
the general fund, and $700,000 the first year
and $700,000 the second year are from the
environmental fund. This appropriation is
available until June 30, 2029.
new text end

new text begin (c) $694,000 the first year and $694,000 the
second year are from the environmental fund
for emission-reduction activities and grants to
small businesses and other
nonpoint-emission-reduction efforts. Of this
amount, $100,000 the first year and $100,000
the second year are to continue work with
Clean Air Minnesota, and the commissioner
may enter into an agreement with
Environmental Initiative to support this effort.
new text end

new text begin (d) $18,450,000 the first year and $18,450,000
the second year are from the environmental
fund for SCORE block grants to counties.
new text end

new text begin (e) $119,000 the first year and $119,000 the
second year are from the environmental fund
for environmental assistance grants or loans
under Minnesota Statutes, section 115A.0716.
new text end

new text begin (f) $400,000 the first year and $400,000 the
second year are from the environmental fund
for grants to develop and expand recycling
markets for Minnesota businesses. This
appropriation is available until June 30, 2029.
new text end

new text begin (g) $770,000 the first year and $770,000 the
second year are from the environmental fund
for reducing and diverting food waste,
redirecting edible food for consumption, and
removing barriers to collecting and recovering
organic waste. Of this amount, $500,000 each
year is for grants to increase food rescue and
waste prevention. This appropriation is
available until June 30, 2029.
new text end

new text begin (h) $2,829,000 the first year and $2,835,000
the second year are from the environmental
fund for the purposes of Minnesota Statutes,
section 473.844.
new text end

new text begin (i) $479,000 the first year and $481,000 the
second year are from the environmental fund
to address chemicals in products, including to
implement and enforce flame retardant
provisions under Minnesota Statutes, section
325F.071, and perfluoroalkyl and
polyfluoroalkyl substances in food packaging
provisions under Minnesota Statutes, section
325F.075. Of this amount, $80,000 the first
year and $80,000 the second year are
transferred to the commissioner of health.
new text end

new text begin (j) $650,000 the first year and $650,000 the
second year are from the environmental fund
for Minnesota GreenCorps investment.
new text end

new text begin (k) $1,143,000 the first year and $1,152,000
the second year are from the environmental
fund for implementation of the PFAS
requirements under Minnesota Statutes,
section 116.943. Of this amount, $468,000 the
first year and $468,000 the second year are
for transfer to the commissioner of health.
new text end

new text begin (l) $175,000 the first year and $175,000 the
second year are from the environmental fund
to address land permitting activities.
new text end

new text begin (m) $215,000 the first year and $215,000 the
second year are from the environmental fund
to enhance existing work to reduce or
eliminate mercury-containing skin-lightening
products. The base is $195,000 in fiscal year
2028 and thereafter.
new text end

new text begin (n) $350,000 the first year and $350,000 the
second year are from the environmental fund
to provide assistance in preventing and
managing wasted food to state and local
governments, food waste generators,
not-for-profit organizations, Tribal
governments, and the public.
new text end

new text begin (o) Any unencumbered grant and loan
balances in the first year do not cancel but are
available for grants and loans in the second
year. Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2027, as
contracts or grants for environmental
assistance awarded under Minnesota Statutes,
section 115A.0716; technical and research
assistance under Minnesota Statutes, section
115A.152; technical assistance under
Minnesota Statutes, section 115A.52; and
pollution prevention assistance under
Minnesota Statutes, section 115D.04, are
available until June 30, 2029.
new text end

new text begin Subd. 8. new text end new text begin Watershed new text end

new text begin 10,760,000 new text end

new text begin 10,892,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 1,959,000 new text end	new text begin 1,959,000 new text end
new text begin Environmental new text end	new text begin 8,403,000 new text end	new text begin 8,533,000 new text end
new text begin Remediation new text end	new text begin 398,000 new text end	new text begin 400,000 new text end

new text begin (a) $1,959,000 the first year and $1,959,000
the second year are for grants to delegated
counties to administer the county feedlot
program under Minnesota Statutes, section
116.0711, subdivisions 2 and 3. Money
remaining after the first year is available for
the second year.
new text end

new text begin (b) $129,000 the first year and $129,000 the
second year are from the remediation fund for
the leaking underground storage tank program
to investigate, clean up, and prevent future
releases from underground petroleum storage
tanks and for the petroleum remediation
program for vapor assessment and
remediation. These same annual amounts are
transferred from the petroleum tank fund to
the remediation fund.
new text end

new text begin (c) Any unencumbered grant and loan balances
in the first year do not cancel but are available
for grants and loans in the second year.
new text end

new text begin Subd. 9. new text end new text begin Environmental Quality Board new text end

new text begin 1,545,000 new text end

new text begin 1,582,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 1,309,000 new text end	new text begin 1,343,000 new text end
new text begin Environmental new text end	new text begin 236,000 new text end	new text begin 239,000 new text end

new text begin Subd. 10. new text end new text begin Transfers new text end

new text begin (a) The commissioner must transfer up to
$24,000,000 the first year and each fiscal year
thereafter from the environmental fund to the
remediation fund for purposes of the
remediation fund under Minnesota Statutes,
section 116.155, subdivision 2.
new text end

new text begin (b) The commissioner of management and
budget must transfer $100,000 the first year
and each fiscal year thereafter from the general
fund to the metropolitan landfill contingency
action trust account in the remediation fund
to restore the money transferred from the
account as intended under Laws 2003, chapter
128, article 1, section 10, paragraph (e), and
Laws 2005, First Special Session chapter 1,
article 3, section 17.
new text end

Sec. 3. new text begin NATURAL RESOURCES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 398,171,000 new text end

new text begin $ new text end

new text begin 402,631,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 133,715,000 new text end	new text begin 135,537,000 new text end
new text begin Natural Resources new text end	new text begin 133,094,000 new text end	new text begin 135,397,000 new text end
new text begin Game and Fish new text end	new text begin 130,525,000 new text end	new text begin 130,848,000 new text end
new text begin Remediation new text end	new text begin 117,000 new text end	new text begin 117,000 new text end
new text begin Permanent School new text end	new text begin 720,000 new text end	new text begin 732,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Land and Mineral Resources Management new text end

new text begin 11,399,000 new text end

new text begin 11,605,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 5,569,000 new text end	new text begin 5,759,000 new text end
new text begin Natural Resources new text end	new text begin 5,259,000 new text end	new text begin 5,270,000 new text end
new text begin Game and Fish new text end	new text begin 344,000 new text end	new text begin 344,000 new text end
new text begin Permanent School new text end	new text begin 227,000 new text end	new text begin 232,000 new text end

new text begin (a) $319,000 the first year and $319,000 the
second year are for environmental research
relating to mine permitting, of which $200,000
each year is from the minerals management
account in the natural resources fund and
$119,000 each year is from the general fund.
new text end

new text begin (b) $3,639,000 the first year and $3,650,000
the second year are from the minerals
management account in the natural resources
fund for use as provided under Minnesota
Statutes, section 93.2236, paragraph (c), for
mineral resource management, projects to
enhance future mineral income, and projects
to promote new mineral-resource
opportunities.
new text end

new text begin (c) $227,000 the first year and $232,000 the
second year are transferred from the forest
suspense account to the permanent school fund
and are appropriated from the permanent
school fund to secure maximum long-term
economic return from the school trust lands
consistent with fiduciary responsibilities and
sound natural resources conservation and
management principles.
new text end

new text begin (d) $573,000 the first year and $573,000 the
second year are from the water management
account in the natural resources fund for only
the purposes specified in Minnesota Statutes,
section 103G.27, subdivision 2.
new text end

new text begin (e) $660,000 the first year and $660,000 the
second year are for use as provided under
Minnesota Statutes, chapter 93, for mineral
resource management, including permitting
activities associated with gas resource
development.
new text end

new text begin (f) $330,000 the first year and $330,000 the
second year are from the minerals
management account in the natural resources
fund for use as provided under Minnesota
Statutes, section 93.2236, paragraph (c),
including activities associated with leasing for
gas exploration and development.
new text end

new text begin Subd. 3. new text end new text begin Ecological and Water Resources new text end

new text begin 47,843,000 new text end

new text begin 49,402,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 23,211,000 new text end	new text begin 23,602,000 new text end
new text begin Natural Resources new text end	new text begin 18,808,000 new text end	new text begin 19,976,000 new text end
new text begin Game and Fish new text end	new text begin 5,824,000 new text end	new text begin 5,824,000 new text end

new text begin (a) $6,077,000 the first year and $6,082,000
the second year are from the invasive species
account in the natural resources fund and
$2,501,000 the first year and $2,501,000 the
second year are from the general fund for
management, public awareness, assessment
and monitoring research, and water access
inspection to prevent the spread of invasive
species; management of invasive plants in
public waters; and management of terrestrial
invasive species on state-administered lands.
new text end

new text begin (b) $7,801,000 the first year and $8,791,000
the second year are from the water
management account in the natural resources
fund for only the purposes specified in
Minnesota Statutes, section 103G.27,
subdivision 2.
new text end

new text begin (c) $124,000 the first year and $124,000 the
second year are for a grant to the Mississippi
Headwaters Board for up to 50 percent of the
cost of implementing the comprehensive plan
for the upper Mississippi within areas under
the board's jurisdiction.
new text end

new text begin (d) $264,000 the first year and $264,000 the
second year are for grants for up to 50 percent
of the cost of implementing the Red River
mediation agreement.
new text end

new text begin (e) $2,598,000 the first year and $2,598,000
the second year are from the heritage
enhancement account in the game and fish
fund for only the purposes specified in
Minnesota Statutes, section 297A.94,
paragraph (h), clause (1).
new text end

new text begin (f) $1,150,000 the first year and $1,150,000
the second year are from the nongame wildlife
management account in the natural resources
fund for nongame wildlife management.
Notwithstanding Minnesota Statutes, section
290.431, $100,000 the first year and $100,000
the second year may be used for nongame
wildlife information, education, and
promotion.
new text end

new text begin (g) Notwithstanding Minnesota Statutes,
section 84.943, $48,000 the first year and
$48,000 the second year from the critical
habitat private sector matching account may
be used to publicize the critical habitat license
plate match program.
new text end

new text begin (h) $4,555,000 the first year and $4,555,000
the second year are for the following activities:
new text end

new text begin (1) financial reimbursement and technical
support to soil and water conservation districts
or other local units of government for
groundwater-level monitoring;
new text end

new text begin (2) surface water monitoring and analysis,
including installing monitoring gauges;
new text end

new text begin (3) groundwater analysis to assist with
water-appropriation permitting decisions;
new text end

new text begin (4) permit application review incorporating
surface water and groundwater technical
analysis;
new text end

new text begin (5) precipitation data and analysis to improve
irrigation use;
new text end

new text begin (6) information technology, including
electronic permitting and integrated data
systems; and
new text end

new text begin (7) compliance and monitoring.
new text end

new text begin (i) $410,000 the first year and $410,000 the
second year are from the heritage enhancement
account in the game and fish fund, $500,000
the first year and $500,000 the second year
are from the general fund, and $1,200,000 the
first year and $1,200,000 the second year are
from the invasive species account in the
natural resources fund for the Minnesota
Aquatic Invasive Species Research Center at
the University of Minnesota to prioritize,
support, and develop research-based solutions
that can reduce the effects of aquatic invasive
species in Minnesota by preventing spread,
controlling populations, and managing
ecosystems and to advance knowledge to
inspire action by others.
new text end

new text begin Subd. 4. new text end new text begin Forest Management new text end

new text begin 61,123,000 new text end

new text begin 61,793,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 43,300,000 new text end	new text begin 43,883,000 new text end
new text begin Natural Resources new text end	new text begin 16,206,000 new text end	new text begin 16,293,000 new text end
new text begin Game and Fish new text end	new text begin 1,617,000 new text end	new text begin 1,617,000 new text end

new text begin (a) $7,521,000 the first year and $7,521,000
the second year are for prevention,
presuppression, and suppression costs of
emergency firefighting and other costs
incurred under Minnesota Statutes, section
88.12. The amount necessary to pay for
presuppression and suppression costs during
the biennium is appropriated from the general
fund. By January 15 each year, the
commissioner of natural resources must submit
a report to the chairs and ranking minority
members of the house and senate committees
and divisions having jurisdiction over
environment and natural resources finance that
identifies all firefighting costs incurred and
reimbursements received in the prior fiscal
year. These appropriations may not be
transferred. Any reimbursement of firefighting
expenditures made to the commissioner from
any source other than federal mobilizations
must be deposited into the general fund.
new text end

new text begin (b) $15,706,000 the first year and $15,793,000
the second year are from the forest
management investment account in the natural
resources fund for only the purposes specified
in Minnesota Statutes, section 89.039,
subdivision 2.
new text end

new text begin (c) $1,617,000 the first year and $1,617,000
the second year are from the heritage
enhancement account in the game and fish
fund to advance ecological classification
systems (ECS), forest habitat, and invasive
species management.
new text end

new text begin (d) $940,000 the first year and $947,000 the
second year are for the Forest Resources
Council to implement the Sustainable Forest
Resources Act.
new text end

new text begin (e) $500,000 the first year and $500,000 the
second year are from the forest management
investment account in the natural resources
fund for forest road maintenance on state
forest roads.
new text end

new text begin (f) $500,000 the first year and $500,000 the
second year are for forest road maintenance
on county forest roads.
new text end

new text begin (g) $400,000 the first year and $400,000 the
second year are for grants to local and Tribal
governments and nonprofit organizations to
enhance community forest ecosystem health
and sustainability under Minnesota Statutes,
section 88.82. The commissioner may use a
reasonable amount of this appropriation for
administering ReLeaf grants.
new text end

new text begin Subd. 5. new text end new text begin Parks and Trails Management new text end

new text begin 112,770,000 new text end

new text begin 113,137,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 35,724,000 new text end	new text begin 35,724,000 new text end
new text begin Natural Resources new text end	new text begin 74,746,000 new text end	new text begin 75,113,000 new text end
new text begin Game and Fish new text end	new text begin 2,300,000 new text end	new text begin 2,300,000 new text end

new text begin (a) $8,925,000 the first year and $9,238,000
the second year are from the natural resources
fund for state trail, park, and recreation area
operations. This appropriation is from revenue
deposited in the natural resources fund under
Minnesota Statutes, section 297A.94,
paragraph (h), clause (2).
new text end

new text begin (b) $24,311,000 the first year and $24,365,000
the second year are from the state parks
account in the natural resources fund to
operate and maintain state parks and state
recreation areas.
new text end

new text begin (c) $1,300,000 the first year and $1,300,000
the second year are from the natural resources
fund for park and trail grants to local units of
government on land to be maintained for at
least 20 years for parks or trails. Priority must
be given for projects that are in underserved
communities or that increase access to persons
with disabilities. This appropriation is from
revenue deposited in the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (h), clause (4). Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

new text begin (d) $9,624,000 the first year and $9,624,000
the second year are from the snowmobile trails
and enforcement account in the natural
resources fund for the snowmobile
grants-in-aid program. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

new text begin (e) $2,435,000 the first year and $2,435,000
the second year are from the natural resources
fund for the off-highway vehicle grants-in-aid
program. Of this amount, $1,960,000 each
year is from the all-terrain vehicle account,
$150,000 each year is from the off-highway
motorcycle account, and $325,000 each year
is from the off-road vehicle account. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end

new text begin (f) $2,750,000 the first year and $2,750,000
the second year are from the state land and
water conservation account in the natural
resources fund for priorities established by the
commissioner for eligible state projects and
administrative and planning activities
consistent with Minnesota Statutes, section
84.0264, and the federal Land and Water
Conservation Fund Act. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

new text begin (g) $250,000 the first year and $250,000 the
second year are for matching grants for local
parks and outdoor recreation areas under
Minnesota Statutes, section 85.019,
subdivision 2.
new text end

new text begin (h) $250,000 the first year and $250,000 the
second year are for matching grants for local
trail connections under Minnesota Statutes,
section 85.019, subdivision 4c.
new text end

new text begin (i) $600,000 the first year and $600,000 the
second year are from the natural resources
fund for projects and activities that connect
diverse and underserved Minnesotans through
expanding cultural environmental experiences,
exploration of their environment, and outdoor
recreational activities. This appropriation is
from revenue deposited in the natural
resources fund under Minnesota Statutes,
section 297A.94, paragraph (j).
new text end

new text begin Subd. 6. new text end new text begin Fish and Wildlife Management new text end

new text begin 97,164,000 new text end

new text begin 98,171,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 8,895,000 new text end	new text begin 9,337,000 new text end
new text begin Natural Resources new text end	new text begin 2,182,000 new text end	new text begin 2,424,000 new text end
new text begin Game and Fish new text end	new text begin 86,087,000 new text end	new text begin 86,410,000 new text end

new text begin (a) $12,525,000 the first year and $12,697,000
the second year are from the heritage
enhancement account in the game and fish
fund only for activities specified under
Minnesota Statutes, section 297A.94,
paragraph (h), clause (1). Notwithstanding
Minnesota Statutes, section 297A.94, five
percent of this appropriation may be used for
expanding hunter and angler recruitment and
retention.
new text end

new text begin (b) $8,546,000 the first year and $8,546,000
the second year are from the deer management
account in the game and fish fund for the
purposes identified in Minnesota Statutes,
section 97A.075, subdivision 1.
new text end

new text begin (c) $500,000 the first year and $500,000 the
second year are from the heritage enhancement
account in the game and fish fund for grants
for natural-resource-based education and
recreation programs serving youth under
Minnesota Statutes, section 84.976. The
commissioner may use a reasonable amount
of this appropriation for administering grants
authorized under Minnesota Statutes, section
84.976. Priority must be given to projects
benefiting underserved communities.
new text end

new text begin (d) Up to $2,225,000 the first year and up to
$2,225,000 the second year are available for
transfer from the critical habitat private sector
matching account to the reinvest in Minnesota
fund for wildlife management areas
acquisition, restoration, and enhancement
according to Minnesota Statutes, section
84.943, subdivision 5, paragraph (b).
new text end

new text begin Subd. 7. new text end new text begin Enforcement new text end

new text begin 64,048,000 new text end

new text begin 64,692,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 14,795,000 new text end	new text begin 15,011,000 new text end
new text begin Natural Resources new text end	new text begin 14,783,000 new text end	new text begin 15,211,000 new text end
new text begin Game and Fish new text end	new text begin 34,353,000 new text end	new text begin 34,353,000 new text end
new text begin Remediation new text end	new text begin 117,000 new text end	new text begin 117,000 new text end

new text begin (a) $1,718,000 the first year and $1,718,000
the second year are from the general fund for
enforcement efforts to prevent the spread of
aquatic invasive species.
new text end

new text begin (b) $2,980,000 the first year and $2,980,000
the second year are from the heritage
enhancement account in the game and fish
fund for only the purposes specified under
Minnesota Statutes, section 297A.94,
paragraph (h), clause (1).
new text end

new text begin (c) $1,442,000 the first year and $1,442,000
the second year are from the water recreation
account in the natural resources fund for grants
to counties for boat and water safety. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end

new text begin (d) $315,000 the first year and $315,000 the
second year are from the snowmobile trails
and enforcement account in the natural
resources fund for grants to local law
enforcement agencies for snowmobile
enforcement activities. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

new text begin (e) $250,000 the first year and $250,000 the
second year are from the all-terrain vehicle
account in the natural resources fund for grants
to qualifying organizations to assist in safety
and environmental education and monitoring
trails on public lands under Minnesota
Statutes, section 84.9011. Grants issued under
this paragraph must be issued through a formal
agreement with the organization. By
December 15 each year, an organization
receiving a grant under this paragraph must
report to the commissioner with details on
expenditures and outcomes from the grant. Of
this appropriation, $25,000 each year is for
administering these grants. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

new text begin (f) $510,000 the first year and $510,000 the
second year are from the natural resources
fund for grants to county law enforcement
agencies for off-highway vehicle enforcement
and public education activities based on
off-highway vehicle use in the county. Of this
amount, $498,000 each year is from the
all-terrain vehicle account, $11,000 each year
is from the off-highway motorcycle account,
and $1,000 each year is from the off-road
vehicle account. The county enforcement
agencies may use money received under this
appropriation to make grants to other local
enforcement agencies within the county that
have a high concentration of off-highway
vehicle use. Of this appropriation, $25,000
each year is for administering the grants. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end

new text begin Subd. 8. new text end new text begin Operations Support new text end

new text begin 2,000,000 new text end

new text begin 2,000,000 new text end

new text begin $2,000,000 the first year and $2,000,000 the
second year are for legal costs. This is a
onetime appropriation and is available through
fiscal year 2029.
new text end

new text begin Subd. 9. new text end new text begin Pass Through Funds new text end

new text begin 1,824,000 new text end

new text begin 1,831,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 221,000 new text end	new text begin 221,000 new text end
new text begin Natural Resources new text end	new text begin 1,110,000 new text end	new text begin 1,110,000 new text end
new text begin Permanent School new text end	new text begin 493,000 new text end	new text begin 500,000 new text end

new text begin (a) $510,000 the first year and $510,000 the
second year are from the natural resources
fund for grants to be divided equally between
the city of St. Paul for the Como Park Zoo and
Conservatory and the city of Duluth for the
Lake Superior Zoo. This appropriation is from
revenue deposited to the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (h), clause (5).
new text end

new text begin (b) $221,000 the first year and $221,000 the
second year are for the Office of School Trust
Lands.
new text end

new text begin (c) $150,000 the first year and $150,000 the
second year are transferred from the forest
suspense account to the permanent school fund
and are appropriated from the permanent
school fund for transaction and project
management costs for divesting of school trust
lands within Boundary Waters Canoe Area
Wilderness.
new text end

new text begin (d) $343,000 the first year and $350,000 the
second year are transferred from the forest
suspense account to the permanent school fund
and are appropriated from the permanent
school fund for the Office of School Trust
Lands.
new text end

new text begin (e) $600,000 the first year and $600,000 the
second year are from the natural resources
fund for parks and trails of regional
significance outside the seven-county
metropolitan area under Minnesota Statutes,
section 85.535, based on the recommendations
from the Greater Minnesota Regional Parks
and Trails Commission. This appropriation is
from revenue deposited in the natural
resources fund under Minnesota Statutes,
section 297A.94, paragraph (i).
new text end

Sec. 4. new text begin BOARD OF WATER AND SOIL RESOURCES new text end

new text begin $ new text end

new text begin 15,945,000 new text end

new text begin $ new text end

new text begin 16,102,000 new text end

new text begin (a) $3,116,000 the first year and $3,116,000
the second year are for grants and payments
to soil and water conservation districts for
accomplishing the purposes of Minnesota
Statutes, chapter 103C, and for other general
purposes, nonpoint engineering, and
implementation and stewardship of the
reinvest in Minnesota reserve program.
Expenditures may be made from this
appropriation for supplies and services
benefiting soil and water conservation
districts. Any district receiving a payment
under this paragraph must maintain a website
that publishes, at a minimum, the district's
annual report, annual audit, annual budget,
and meeting notices.
new text end

new text begin (b) $1,560,000 the first year and $1,560,000
the second year are for the following:
new text end

new text begin (1) $1,460,000 the first year and $1,460,000
the second year are for cost-sharing programs
of soil and water conservation districts for
accomplishing projects and practices
consistent with Minnesota Statutes, section
103C.501, including perennially vegetated
riparian buffers, erosion control, water
retention and treatment, water quality
cost-sharing for feedlots and nutrient and
manure management projects in watersheds
where there are impaired waters, and other
high-priority conservation practices; and
new text end

new text begin (2) $100,000 the first year and $100,000 the
second year are for invasive species and weed
management programs and to restore native
plants at selected invasive species management
sites.
new text end

new text begin (c) $166,000 the first year and $166,000 the
second year are to provide technical assistance
to local drainage management officials and
for the costs of the Drainage Work Group. The
board must coordinate the activities of the
Drainage Work Group according to Minnesota
Statutes, section 103B.101, subdivision 13.
new text end

new text begin (d) $100,000 the first year and $100,000 the
second year are for a grant to the Red River
Basin Commission for water quality and
floodplain management, including program
administration. This appropriation must be
matched by nonstate funds.
new text end

new text begin (e) $140,000 the first year and $140,000 the
second year are for grants to Area II
Minnesota River Basin Projects for floodplain
management.
new text end

new text begin (f) $240,000 the first year and $240,000 the
second year are for a grant to the Lower
Minnesota River Watershed District to defray
the annual cost of sustaining the state, national,
and international commercial and recreational
navigation on the lower Minnesota River.
new text end

new text begin (g) $203,000 the first year and $203,000 the
second year are for soil health programming
consistent with Minnesota Statutes, section
103F.06, and for coordination with the
University of Minnesota Office for Soil
Health.
new text end

new text begin (h) $3,423,000 the first year and $3,423,000
the second year are for natural resources block
grants to local governments to implement the
Wetland Conservation Act and shoreland
management program under Minnesota
Statutes, chapter 103F, and local water
management responsibilities under Minnesota
Statutes, chapter 103B. The board may reduce
the amount of the natural resources block grant
to a county by an amount equal to any
reduction in the county's general services
allocation to a soil and water conservation
district from the county's previous year
allocation when the board determines that the
reduction was disproportionate.
new text end

new text begin (i) $6,997,000 the first year and $7,154,000
the second year are for agency administration
and operation of the Board of Water and Soil
Resources.
new text end

new text begin (j) The board may shift funds in this section
and may adjust the technical and
administrative assistance portion of the funds
to leverage federal or other nonstate funds or
to address accountability, oversight, local
government performance, or high-priority
needs.
new text end

new text begin (k) The appropriations for grants and payments
in this section are available until June 30,
2029, except returned grants and payments
are available for two years after they are
returned or regranted, whichever is later.
Funds must be used consistent with the
purposes of this section. If an appropriation
for grants in either year is insufficient, the
appropriation in the other year is available for
it.
new text end

new text begin (l) Notwithstanding Minnesota Statutes,
section 16B.97, grants awarded from
appropriations in this section are exempt from
the Department of Administration, Office of
Grants Management Policy 08-08 Grant
Payments and 08-10 Grant Monitoring.
new text end

Sec. 5. new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end

new text begin 11,490,000 new text end

new text begin $ new text end

new text begin 11,490,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 2,540,000 new text end	new text begin 2,540,000 new text end
new text begin Natural Resources new text end	new text begin 8,950,000 new text end	new text begin 8,950,000 new text end

new text begin (a) $2,540,000 the first year and $2,540,000
the second year are for metropolitan-area
regional parks operation and maintenance
according to Minnesota Statutes, section
473.351.
new text end

new text begin (b) $8,950,000 the first year and $8,950,000
the second year are from the natural resources
fund for metropolitan-area regional parks and
trails maintenance and operations. This
appropriation is from revenue deposited in the
natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (h),
clause (3).
new text end

Sec. 6. new text begin CONSERVATION CORPS MINNESOTA AND IOWA new text end

new text begin $ new text end

new text begin 1,070,000 new text end

new text begin $ new text end

new text begin 1,070,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 580,000 new text end	new text begin 580,000 new text end
new text begin Natural Resources new text end	new text begin 490,000 new text end	new text begin 490,000 new text end

new text begin Conservation Corps Minnesota and Iowa may
receive money appropriated from the natural
resources fund under this section only as
provided in an agreement with the
commissioner of natural resources.
new text end

Sec. 7. new text begin ZOOLOGICAL BOARD new text end

new text begin $ new text end

new text begin 14,180,000 new text end

new text begin $ new text end

new text begin 14,532,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 13,925,000 new text end	new text begin 14,277,000 new text end
new text begin Natural Resources new text end	new text begin 255,000 new text end	new text begin 255,000 new text end

new text begin $255,000 the first year and $255,000 the
second year are from the natural resources
fund from revenue deposited under Minnesota
Statutes, section 297A.94, paragraph (h),
clause (5).
new text end

Sec. 8. new text begin SCIENCE MUSEUM new text end

new text begin $ new text end

new text begin 1,260,000 new text end

new text begin $ new text end

new text begin 1,260,000 new text end

Sec. 9. new text begin CANCELLATION.
new text end

new text begin Up to $3,915,000 of the unencumbered balance of the general fund appropriation from
Laws 2022, chapter 95, article 3, section 6, paragraph (b), cancels no later than June 30,
2026.
new text end

ARTICLE 2

ENVIRONMENT AND NATURAL RESOURCES POLICY

Section 1.

Minnesota Statutes 2024, section 85.055, subdivision 1, is amended to read:

Subdivision 1.

Fees.

(a) The fee for state park permits for:

(1) an annual use of state parks is deleted text begin $35 deleted text end new text begin $45 new text end ;

(2) a second or subsequent vehicle state park permit is deleted text begin $26 deleted text end new text begin $35 new text end ;

(3) a state park permit valid for one day is deleted text begin $7 deleted text end new text begin $10 new text end ;

(4) a daily vehicle state park permit for groups is deleted text begin $5 deleted text end new text begin $8 new text end ;

(5) an annual permit for motorcycles is deleted text begin $30 deleted text end new text begin $40 new text end ;

(6) an employee's state park permit is without charge; and

(7) a state park permit for persons with disabilities under section 85.053, subdivision 7,
paragraph (a), clauses (1) to (3), is deleted text begin $12 deleted text end new text begin $20 new text end .

(b) The fees specified in this subdivision include any sales tax required by state law.

Sec. 2.

Minnesota Statutes 2024, section 86B.415, subdivision 7, is amended to read:

Subd. 7.

Watercraft surcharge.

A deleted text begin $10.60 deleted text end surcharge is placed on each watercraft licensed
under subdivisions 1 to 5 for control, public awareness, law enforcement, monitoring, and
research of aquatic invasive species such as zebra mussel, purple loosestrife, and Eurasian
watermilfoil in public waters and public wetlands. new text begin The surcharge is:
new text end

new text begin (1) for a watercraft 19 feet or less in length, other than a watercraft listed in clauses (2)
to (8), $29;
new text end

new text begin (2) for a watercraft, other than personal watercraft, 19 feet in length or less that is offered
for rent or lease, $25;
new text end

new text begin (3) for a sailboat 19 feet in length or less, $20;
new text end

new text begin (4) for a watercraft used by a nonprofit corporation for teaching boat and water safety,
$14;
new text end

new text begin (5) for a watercraft owned by a dealer under a dealer's license, $50;
new text end

new text begin (6) for a personal watercraft, including one offered for rent or lease, $25;
new text end

new text begin (7) for a watercraft less than 17 feet in length, other than a watercraft listed in clauses
(2) to (6), $25;
new text end

new text begin (8) for a canoe, kayak, sailboard, paddleboard, paddleboat, or rowing shell over ten feet
in length, $20;
new text end

new text begin (9) for a watercraft more than 19 feet but less than 26 feet in length, other than a
watercraft listed in clauses (4), (5), (8), and (12), $38;
new text end

new text begin (10) for a watercraft 26 feet but less than 40 feet in length, other than a watercraft listed
in clauses (4), (5), (8), and (12), $50;
new text end

new text begin (11) for a watercraft 40 feet in length or longer, other than a watercraft listed in clauses
(4), (5), (8), and (12), $62; and
new text end

new text begin (12) for a watercraft used primarily for charter fishing, commercial fishing, commercial
passenger carrying, or other commercial operation, $50.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
new text end

Sec. 3.

Minnesota Statutes 2024, section 103G.271, subdivision 6, is amended to read:

Subd. 6.

Water-use permit; processing fee.

(a) Except as described in paragraphs (b)
to (g), a water-use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water-use permit in force
at any time during the year. Fees collected under this paragraph are credited to the water
management account in the natural resources fund. The schedule is as follows, with the
stated fee in each clause applied to the total amount appropriated:

(1) deleted text begin $140 deleted text end new text begin $200 new text end for amounts not exceeding 50,000,000 gallons per year;

(2) deleted text begin $3.50 deleted text end new text begin $6 new text end per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
than 100,000,000 gallons per year;

(3) deleted text begin $4 deleted text end new text begin $7 new text end per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
than 150,000,000 gallons per year;

(4) deleted text begin $4.50 deleted text end new text begin $8 new text end per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
less than 200,000,000 gallons per year;

(5) deleted text begin $5 deleted text end new text begin $9 new text end per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
than 250,000,000 gallons per year;

(6) deleted text begin $5.50 deleted text end new text begin $10 new text end per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
less than 300,000,000 gallons per year;

(7) deleted text begin $6 deleted text end new text begin $11 new text end per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
than 350,000,000 gallons per year;

(8) deleted text begin $6.50 deleted text end new text begin $12 new text end per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
less than 400,000,000 gallons per year;

(9) deleted text begin $7 deleted text end new text begin $13 new text end per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
than 450,000,000 gallons per year;

(10) deleted text begin $7.50 deleted text end new text begin $14 new text end per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
less than 500,000,000 gallons per year; and

(11) deleted text begin $8 deleted text end new text begin $15 new text end per 1,000,000 gallons for amounts greater than 500,000,000 gallons per
year.

(b) For once-through cooling systems, a water-use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water-use
permit in force at any time during the year:

(1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and

(2) for all other users, $420 per 1,000,000 gallons.

(c) The fee is payable based on the amount of water appropriated during the year and deleted text begin ,
except as provided in paragraph (f), deleted text end the minimum fee is $100.

(d) For water-use processing fees other than once-through cooling systems:

(1) the fee for a city of the first class may not exceed deleted text begin $250,000 deleted text end new text begin $325,000 new text end per year;

(2) the fee for other entities for any permitted use may not exceed:

(i) deleted text begin $60,000 deleted text end new text begin $75,000 new text end per year for an entity holding three or fewer permits;

(ii) deleted text begin $90,000 deleted text end new text begin $125,000 new text end per year for an entity holding four or five permits; or

(iii) deleted text begin $300,000 deleted text end new text begin $400,000 new text end per year for an entity holding more than five permits;

(3) the fee for agricultural irrigation may not exceed deleted text begin $750 deleted text end new text begin $1,500 new text end per year;

(4) the fee for a municipality that furnishes electric service and cogenerates steam for
home heating may not exceed $10,000 for its permit for water use related to the cogeneration
of electricity and steam;

(5) the fee for a facility that temporarily diverts a water of the state from its natural
channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per
year. A permit for such a facility does not count toward the number of permits held by an
entity as described in this paragraph; and

(6) no fee is required for a project involving the appropriation of surface water to prevent
flood damage or to remove floodwaters during a period of flooding, as determined by the
commissioner.

(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.

(f) The minimum water-use processing fee for a permit issued for irrigation of agricultural
land is deleted text begin $20 deleted text end new text begin $100 new text end for years in which:

(1) there is no appropriation of water under the permit; or

(2) the permit is suspended for more than seven consecutive days between May 1 and
October 1.

(g) The commissioner shall waive the water-use permit fee for installations and projects
that use stormwater runoff or where public entities are diverting water to treat a water quality
issue and returning the water to its source without using the water for any other purpose,
unless the commissioner determines that the proposed use adversely affects surface water
or groundwater.

(h) A surcharge of $50 per million gallons in addition to the fee prescribed in paragraph
(a) deleted text begin shall be deleted text end new text begin is new text end applied to the volume of water used in each of the months of May, June, July,
August, and September that exceeds the volume of water used in January for municipal
water use, irrigation of golf courses, and landscape irrigation. The surcharge for
municipalities with more than one permit deleted text begin shall be deleted text end new text begin is new text end determined based on the total
appropriations from all permits that supply a common distribution system.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
new text end

Sec. 4.

Minnesota Statutes 2024, section 103G.301, subdivision 2, is amended to read:

Subd. 2.

Permit application and notification fees.

(a) A fee to defray the costs of
receiving, recording, and processing must be paid for a permit application authorized under
this chapter, except for a general permit application, for each request to amend or transfer
an existing permit, and for a notification to request authorization to conduct a project under
a general permit. Fees established under this subdivision, unless specified in paragraph (c),
must comply with section 16A.1285.

(b) Proposed projects that require water in excess of 100 million gallons per year must
be assessed fees to recover the costs incurred to evaluate the project and the costs incurred
for environmental review. Fees collected under this paragraph must be credited to an account
in the natural resources fund and are appropriated to the commissioner.

(c) The fee to apply for a permit to appropriate water, in addition to any fee under
paragraph (b), is deleted text begin $150 deleted text end new text begin $600 new text end . The application fee for a permit to construct or repair a dam
that is subject to a dam safety inspection, to work in public waters, or to divert waters for
mining must be at least $1,200, but not more than $12,000. The fee for a notification to
request authorization to conduct a project under a general permit is $400, except that the
fee for a notification to request authorization to appropriate water under a general permit
is $100.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
new text end

Sec. 5.

Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of the Pollution
Control Agency.
new text end

Sec. 6.

Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision to
read:

new text begin Subd. 15a. new text end

new text begin Release. new text end

new text begin "Release" has the meaning given in section 115B.02, subdivision
15.
new text end

Sec. 7.

Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision to
read:

new text begin Subd. 15b. new text end

new text begin Respond or response. new text end

new text begin "Respond" or "response" means to remedy or a
remedial action as defined under section 115B.02, subdivision 16, or to remove or a removal
as defined under section 115B.02, subdivision 17.
new text end

Sec. 8.

Minnesota Statutes 2024, section 115.071, subdivision 1, is amended to read:

Subdivision 1.

Remedies available.

The provisions of sections 103F.701 to 103F.755,
this chapter and chapters 114C, 115A, and 116, and sections 325E.10 to deleted text begin 325E.1251 deleted text end new text begin 325E.12 new text end
and 325E.32 and all rules, standards, orders, stipulation agreements, schedules of compliance,
and permits adopted or issued by the agency thereunder or under any other law now in force
or hereafter enacted for the prevention, control, or abatement of pollution may be enforced
by any one or any combination of the following: criminal prosecution; action to recover
civil penalties; injunction; action to compel or cease performance; or other appropriate
action, in accordance with the provisions of said chapters and this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 9.

Minnesota Statutes 2024, section 115.072, is amended to read:

115.072 RECOVERING LITIGATION COSTS AND EXPENSES new text begin INCURRED IN
RESPONDING TO A RELEASE OR THREATENED RELEASE OF POLLUTANTS
AND CONTAMINANTS new text end .

(a) In any action brought by the attorney general, in the name of the state, pursuant to
deleted text begin the provisions of deleted text end this chapter and chapters 114C, 114E, and 116, for civil penalties, injunctive
relief, or in an action to compel compliance, if the state shall finally prevail, and if the
proven violation was willful, the state, in addition to other penalties provided in this chapter,
may be allowed an amount determined by the court to be the reasonable value of all or a
part of the litigation expenses incurred by the state. In determining the amount of such
litigation expenses to be allowed, the court shall give consideration to the economic
circumstances of the defendant.

(b) Amounts recovered under deleted text begin the provisions of this section deleted text end new text begin paragraph (a) new text end and section
115.071, subdivisions 3 to 5, deleted text begin shall deleted text end new text begin must new text end be paid into the environmental fund in the state
treasury to the extent provided in section 115.073.

new text begin (c) Any reasonable and necessary expenses, including all response costs, corrective
action costs, staff time, and administrative and legal expenses, incurred by the commissioner
to respond to releases or threatened releases from pollutants or contaminants that are
otherwise excluded from recovery under chapter 115B may be recovered in a civil action
brought by the attorney general against any person. The commissioner's certification of
expenses is prima facie evidence that the expenses are reasonable and necessary. Any
expenses that are recovered by the attorney general under this paragraph must be deposited
in the fund from which they were paid.
new text end

new text begin (d) Any reasonable and necessary expenses, including all response costs, corrective
action costs, staff time, and administrative and legal expenses, incurred by a local unit of
government to respond to releases or threatened releases from pollutants or contaminants
that are otherwise excluded from recovery under chapter 115B may be recovered in a civil
action brought by the local unit of government against any person.
new text end

Sec. 10.

Minnesota Statutes 2024, section 115A.121, is amended to read:

115A.121 TOXICS AND POLLUTION PREVENTION EVALUATION;
CONSOLIDATED REPORT.

The commissioner shall prepare and adopt a report on pollution prevention activities
required in chapters 115A, 115D, and 325E. deleted text begin The report must include activities required
under section 115A.1320. deleted text end The commissioner must submit the report to the senate and house
of representatives committees having jurisdiction over environment and natural resources
by December 31, 2013, and every four years thereafter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 11.

new text begin [115A.1331] STEWARDSHIP PROGRAM FOR CIRCUIT BOARDS,
BATTERIES, AND ELECTRICAL PRODUCTS; DEFINITIONS.
new text end

new text begin (a) The terms used in sections 115A.1331 to 115A.1347 have the meanings given in this
section.
new text end

new text begin (b) "Battery" means a device that contains one or more voltaic or galvanic cells that are
electrically connected to produce electric energy, including any structural members, insulative
casing surrounding the cells, and electrical connectors.
new text end

new text begin (c) "Board" means the Covered Products Reimbursement Board established under section
115A.1333.
new text end

new text begin (d) "Brand" means a trademark, including both a registered and an unregistered trademark;
a logo; a name; a symbol; a word; an identifier; or a traceable mark that identifies a covered
product or other electrical product and identifies the owner or licensee of the brand as the
producer of the product.
new text end

new text begin (e) "Circuit board" means a nonconductive substrate onto which one or more layers of
conductive paths have been printed or wires attached for mounting and interconnecting
electronic components, such as resistors, capacitors, diodes, transistors, integrated circuit
chips, and connecting wires. Circuit boards include printed circuit boards, printed wiring
boards, and any other style or type of circuit board.
new text end

new text begin (f) "Collection site" means a physical location where a collector collects covered products
and other electrical products from members of the public and businesses. Collection site
includes a location regardless of whether it is operated permanently, temporarily, or for
purposes of a collection event.
new text end

new text begin (g) "Collector" means a person that collects covered products and other electrical products
on behalf of the stewardship organization and receives reimbursement from the stewardship
organization for the collector's costs to collect and manage the products.
new text end

new text begin (h) "Covered battery" means a battery of any type, physical size, or energy capacity
except a lead-acid battery with a free liquid electrolyte.
new text end

new text begin (i) "Covered circuit board" means any circuit board except a circuit board in:
new text end

new text begin (1) a major appliance;
new text end

new text begin (2) an appliance or tool powered by electrical power of greater than 240 volts alternating
current; or
new text end

new text begin (3) an appliance or tool designed, manufactured, and intended solely for use in
manufacturing, industrial, or other commercial settings.
new text end

new text begin (j) "Covered product" means:
new text end

new text begin (1) a covered circuit board;
new text end

new text begin (2) a covered battery;
new text end

new text begin (3) a cathode-ray tube; and
new text end

new text begin (4) a product that has a covered circuit board, a covered battery, or a cathode-ray tube
contained within it or otherwise attached or connected to it, except;
new text end

new text begin (i) a medical device meeting the definition of a device under United States Code, title
21, section 321, unless it is marketed for use in a household, as defined in section 115A.96;
and
new text end

new text begin (ii) a motor vehicle, as defined in section 168.002.
new text end

new text begin (k) "Covered services" means collection, sorting, storage, transport, processing, repair,
refurbishment, reuse, recycling, or disposal of covered products, other electrical products,
and residual materials.
new text end

new text begin (l) "De minimis producer" means a producer that, in the most recent calendar year, had
fewer than 100 covered products that were sold in or into the state and for which the producer
was responsible.
new text end

new text begin (m) "Facilitate a sale" means to assist a person in transferring title or possession of a
covered product or other electrical product, regardless of whether title or possession is ever
acquired by the person facilitating a sale, such as by operating an online marketplace,
publishing an offer for sale on a website, physically storing inventory of products, entering
into a contract to allow another person to list a product for sale, processing payment on
behalf of another person, entering into a contract with a buyer or a seller related to a sale,
or otherwise providing a sales process. Facilitate a sale does not include acting solely as:
new text end

new text begin (1) an advertiser;
new text end

new text begin (2) a payment processor; or
new text end

new text begin (3) a common carrier.
new text end

new text begin (n) "Independent auditor" means an independent and actively licensed certified public
accountant that is:
new text end

new text begin (1) retained by the stewardship organization;
new text end

new text begin (2) not otherwise employed by or affiliated with the stewardship organization; and
new text end

new text begin (3) qualified to conduct an audit under section 115A.1337, subdivision 5, paragraph (b),
clause (6).
new text end

new text begin (o) "Other electrical product" means an appliance or tool that is powered by electricity
provided through a flexible cord with an attached standardized plug intended for temporary,
manual connection to the electrical distribution system in a residential or commercial
structure. Other electrical product does not include:
new text end

new text begin (1) a covered product;
new text end

new text begin (2) a major appliance;
new text end

new text begin (3) an appliance or tool powered by electrical power of greater than 240 volts alternating
current; or
new text end

new text begin (4) an appliance or tool designed, manufactured, and intended solely for use in
manufacturing, industrial, or other commercial settings.
new text end

new text begin (p) "Participant" means a producer that is named by the stewardship organization as
meeting the producer's obligations under sections 115A.1331 to 115A.1347 to contract with
a stewardship organization and to pay for a stewardship program that meets the producer's
obligations on the producer's behalf.
new text end

new text begin (q) "Permanent year-round collection site" means a collection site that is open at least
12 operating hours per week, 50 weeks each calendar year.
new text end

new text begin (r) "Producer" means, with respect to a covered product or other electrical product that
is sold, including online sales; offered for sale or promotional purposes; or distributed in
or into the state:
new text end

new text begin (1) a person that manufactured:
new text end

new text begin (i) the covered product;
new text end

new text begin (ii) any component of the covered product if the component is also a covered product;
or
new text end

new text begin (iii) the other electrical product;
new text end

new text begin (2) a person that imported into the United States:
new text end

new text begin (i) the covered product;
new text end

new text begin (ii) any component of the covered product if the component is also a covered product;
or
new text end

new text begin (iii) the other electrical product; and
new text end

new text begin (3) a person that owns or controls or is licensed to use a brand under which the covered
product or other electrical product is sold, including online sales; offered for sale or
promotional purposes; or distributed in or into the state.
new text end

new text begin (s) "Responsible market" means a market for covered products and other electrical
products, for reusable or repairable components of covered products and other electrical
products, for reclaimed materials from covered products and other electrical products, or
for any other recyclable residues from covered products and other electrical products that:
new text end

new text begin (1) reuses, recycles, or otherwise recovers materials and disposes of contaminants in a
manner that protects the environment and minimizes risks to public health and worker health
and safety;
new text end

new text begin (2) complies with all applicable federal, state, and local statutes, rules, ordinances, and
other laws governing environmental, health, safety, and financial responsibility;
new text end

new text begin (3) possesses all licenses and permits required by a federal or state agency or political
subdivision;
new text end

new text begin (4) if operating in the state, recycles covered products and other electrical products to
the maximum extent practicable in accordance with section 115A.02, paragraph (b); and
new text end

new text begin (5) minimizes adverse impacts to environmental justice areas.
new text end

new text begin (t) "Stewardship organization" means a nonprofit organization as described in section
501(c)(3) of the Internal Revenue Code that enters into a contract with producers to draft
and submit a plan for, implement, and administer a stewardship program under sections
115A.1331 to 115A.1347 on the producers' behalf.
new text end

new text begin (u) "Stewardship plan" means a plan that is prepared according to section 115A.1335
and submitted to the commissioner by a stewardship organization.
new text end

new text begin (v) "Stewardship program" means a system implemented by a stewardship organization
that provides and pays for covered services and all other activities described in a stewardship
plan approved by the commissioner under section 115A.1335, subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

new text begin [115A.1333] COVERED PRODUCTS REIMBURSEMENT BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Covered Products Reimbursement Board is
established to recommend reimbursement rates to the commissioner. Except as provided in
this section, chapter 15 does not apply to the board.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) By January 1, 2026, the commissioner must appoint the initial
membership of the Covered Products Reimbursement Board. Membership must consist of:
new text end

new text begin (1) two members representing household hazardous waste collection programs established
under section 115A.96;
new text end

new text begin (2) two members representing collectors, according to paragraph (c); and
new text end

new text begin (3) four members representing and nominated by the stewardship organization.
new text end

new text begin (b) In making appointments under paragraph (a), the commissioner may not appoint
persons who are:
new text end

new text begin (1) current or elected Minnesota state representatives or senators;
new text end

new text begin (2) required to register as lobbyists under section 10A.03; or
new text end

new text begin (3) employees of the agency.
new text end

new text begin (c) Initial appointments under paragraph (a), clause (2), must represent potential
collectors. After January 1, 2027, whenever the terms of these members expire according
to subdivision 3, the new appointments must represent collectors. Members appointed under
paragraph (a), clause (2), must not represent household hazardous waste collection programs
established under section 115A.96.
new text end

new text begin Subd. 3. new text end

new text begin Terms; removal. new text end

new text begin Members serve for a term of four years, except that one
member appointed under subdivision 2, paragraph (a), clause (1); one member appointed
under subdivision 2, paragraph (a), clause (2); and two members appointed under subdivision
2, paragraph (a), clause (3), must be appointed to serve an initial term of two years, so that
membership terms are staggered. Members may be reappointed to another term following
the end of a term. The removal of members is governed by section 15.059, subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Quorum; voting. new text end

new text begin Meetings of the board must have at least a quorum of
members, consisting of six members. Recommendations of the board require the affirmative
vote of at least five members.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support; facilitator. new text end

new text begin (a) The commissioner must provide
administrative support to the board. The commissioner must ensure that all activities of the
board that require public notice, such as notice of meetings, agendas and materials related
to agenda items, and minutes, are published on the agency's publicly accessible website.
The commissioner must provide meeting space and public access for meetings conducted
by telephone or interactive technology.
new text end

new text begin (b) The commissioner must contract for a professional facilitator for the board. The
facilitator must schedule and chair the meetings of the board but is not a member for purposes
of quorum or voting. The facilitator must ensure that all activities of the board that require
public notice are timely provided to the commissioner for publication.
new text end

new text begin Subd. 6. new text end

new text begin Meetings. new text end

new text begin (a) The board must meet at least biannually and as necessary to meet
the requirements of subdivisions 7 to 9. Meetings may be scheduled at the request of the
facilitator or a majority of the members.
new text end

new text begin (b) The board must comply with the Open Meeting Law under chapter 13D.
new text end

new text begin Subd. 7. new text end

new text begin Recommendations for reimbursement rates. new text end

new text begin (a) By July 1, 2026, and annually
thereafter, the board must submit to the commissioner a recommendation for reimbursement
rates to collectors for the following calendar year.
new text end

new text begin (b) Recommended rates may be differentiated by any methods recommended by
consensus of the board, such as local property lease or purchase costs, prevailing local
wages, or other factors.
new text end

new text begin (c) Recommended rates must cover all costs of collecting covered products and other
electrical products incurred by collectors, including at least:
new text end

new text begin (1) labor and overhead;
new text end

new text begin (2) covered services performed by a collector in accordance with section 115A.1337,
subdivision 1, paragraph (b);
new text end

new text begin (3) necessary collection and storage structures and containers as provided in section
115A.1347, subdivision 1, paragraph (d);
new text end

new text begin (4) employee training;
new text end

new text begin (5) necessary safety equipment, including appropriate fire protection and suppression
equipment and supplies; and
new text end

new text begin (6) any other costs determined necessary by the commissioner.
new text end

new text begin (b) In making determinations under paragraph (a), clause (6), the commissioner may
consider data submitted according to section 115A.1337, subdivision 5; the volume of
covered products collected; the estimated volume of covered products sold in or into the
state; the estimated volume of covered products disposed of in the state; and other information
related to the effectiveness of the stewardship program.
new text end

new text begin (c) The board must also consider any additional financial incentives necessary to induce
collectors to join the stewardship program in locations that would otherwise not be served,
so that the stewardship organization can meet or exceed the required convenience standards
under section 115A.1335, subdivision 3.
new text end

new text begin Subd. 8. new text end

new text begin Review and approval of reimbursement rates. new text end

new text begin (a) Within 90 days after
receiving a recommendation on reimbursement rates submitted under subdivision 7, the
commissioner must review the recommendation and approve or reject the recommendation.
new text end

new text begin (b) In conducting a review of a recommendation, the commissioner may consult with
interested parties.
new text end

new text begin (c) For at least 30 days and before approving a recommendation under this subdivision,
the commissioner must post the recommendation on the agency's publicly accessible website
for public review and comment.
new text end

new text begin (d) If the commissioner determines that a recommendation does not meet the requirements
of this section, the commissioner must reject the recommendation. The commissioner must
provide a written notice of determination describing the reasons for the rejection to the
board. The board must meet as necessary to submit a revised recommendation to the
commissioner.
new text end

new text begin (e) After consultation under paragraph (b) and review of public comments under
paragraph (c), if the commissioner determines that a recommendation meets the requirements
of this section, the commissioner may approve the recommendation. The commissioner
must provide a written notice of approval to the board and to the stewardship organization.
In the notice, the commissioner must specify the effective date of the approved reimbursement
rates.
new text end

new text begin (f) The stewardship organization must publish approved reimbursement rates on its
publicly accessible website within 30 days after receiving the commissioner's written notice
of approval. The commissioner may also publish the approved reimbursement rates on the
agency's publicly accessible website.
new text end

new text begin Subd. 9. new text end

new text begin More-frequent rate changes. new text end

new text begin The board may, for good cause, submit a
recommendation for reimbursement rates to the commissioner at less than an annual interval.
The commissioner must review the recommendation according to subdivision 8. If the
commissioner rejects the recommendation, then the previously approved reimbursement
rates for that calendar year continue to be in effect.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

new text begin [115A.1335] STEWARDSHIP PLAN AND BUDGET.
new text end

new text begin Subdivision 1. new text end

new text begin Due date. new text end

new text begin By October 1, 2026, all producers must contract with a single
stewardship organization to act on the producers' behalf. By that date, the stewardship
organization must submit a single stewardship plan meeting the requirements of subdivision
2 to the commissioner to review for approval or rejection.
new text end

new text begin Subd. 2. new text end

new text begin Plan content; budget requirement. new text end

new text begin (a) The stewardship plan must include:
new text end

new text begin (1) identification of and contact information for the stewardship organization;
new text end

new text begin (2) identification of and contact information for all participants in the stewardship
program;
new text end

new text begin (3) identification of and contact information for each collector; each person providing
covered services for covered products or other electrical products, including any collector
that will perform covered services other than collection; and each facility at which covered
products and other electrical products will be managed under the stewardship plan;
new text end

new text begin (4) the address; county of location; and, in a form prescribed by the commissioner,
geolocation data for each collection site to be used by the stewardship organization under
the stewardship program;
new text end

new text begin (5) a list of the brands covered under the stewardship program;
new text end

new text begin (6) eligibility criteria for prospective collectors of covered products and other electrical
products under the stewardship program according to section 115A.1337, subdivision 3,
paragraph (c);
new text end

new text begin (7) a description of how the stewardship program will accept and provide covered services
and reimbursement under this section to any household hazardous waste collection program
established under section 115A.96 in a manner that is equal to the services and reimbursement
provided to all other collectors, if the operator of the household hazardous waste collection
program requests covered services and reimbursement;
new text end

new text begin (8) a description of how the stewardship program will provide convenient, statewide
collection according to subdivision 3;
new text end

new text begin (9) a description of how the stewardship organization will annually monitor and ensure
continuing compliance with the convenience standards under subdivision 3;
new text end

new text begin (10) a description of how the stewardship organization will provide each collector served
by the stewardship program with the materials specified in section 115A.1337, subdivision
1, including specifications for appropriate containers, signage templates, and a copy of all
training and educational materials to be provided;
new text end

new text begin (11) a description of how collection sites will be accessible according to section
115A.1337, subdivision 2;
new text end

new text begin (12) the performance standards for persons providing covered services for covered
products and other electrical products on behalf of the stewardship organization and the
oversight methods by which the stewardship organization will ensure continuing compliance
with the performance standards. The performance standards must:
new text end

new text begin (i) meet the requirements of section 115A.1337, subdivision 3; and
new text end

new text begin (ii) ensure that covered products, other electrical products, and materials resulting from
recycling of covered products and other electrical products are managed through responsible
markets;
new text end

new text begin (13) a description of methods by which the stewardship organization will ensure that
covered products and any other electrical products that are waste for which the stewardship
organization is responsible are managed while in the state in compliance with rules adopted
under section 116.07 for managing solid waste and hazardous waste and, when outside the
state, with all federal, state, and local requirements applicable to managing solid waste and
hazardous waste, as applicable;
new text end

new text begin (14) a description of methods by which the stewardship organization will ensure that
covered products and any other electrical products for which the stewardship organization
is responsible are managed in compliance with safety and health requirements for employees
administered by the Department of Labor and Industry and with fire protection requirements
administered by the Department of Public Safety while in the state and, when outside the
state, with all federal, state, and local requirements applicable to safety and health
requirements for employees and fire protection requirements;
new text end

new text begin (15) a description of methods by which the stewardship organization will ensure that
covered products and other electrical products for which the stewardship organization is
responsible are transported in compliance with applicable regulations incorporated by
reference under section 221.033 for transporting hazardous materials while in the state and,
when outside the state, with all federal, state, and local requirements applicable to
transportation of hazardous materials;
new text end

new text begin (16) a statement of indemnification by the stewardship organization to collectors for
potential liability for improper downstream management of covered products and other
electrical products or residual materials by providers of covered services contracted for by
the stewardship organization and identified in the stewardship plan under clause (3);
new text end

new text begin (17) a description of how the stewardship organization will determine the mass of covered
products and other electrical products for which it has provided covered services under the
stewardship program by county of collection and, for covered batteries and covered products
that have covered batteries contained within them or otherwise attached or connected to
them, by battery chemistry;
new text end

new text begin (18) a description of the outreach and education methods and activities that the
stewardship organization will provide according to section 115A.1337, subdivision 4;
new text end

new text begin (19) a description of how the stewardship organization will employ at least one full-time
employee who is solely dedicated to implementing the stewardship program in this state
and serving as the primary contact between the stewardship organization and the agency;
new text end

new text begin (20) a description of the system by which the stewardship organization will provide
advance funding of or reimbursement to collectors in a manner that provides:
new text end

new text begin (i) a clear process for submitting and paying invoices;
new text end

new text begin (ii) reasonable timelines for reimbursement, at intervals no longer than monthly unless
otherwise agreed to by the person providing covered services to be reimbursed; and
new text end

new text begin (iii) a third-party mediator to resolve disputes that arise between the stewardship
organization and a person providing covered services regarding determining or paying
reimbursements;
new text end

new text begin (21) identification of groups of producers, such as by industry, covered product and
other electrical product type, or other method proposed by the stewardship organization,
and the proposed allocation of stewardship program costs among the groups of producers,
such that the costs of managing covered products or other electrical products produced by
a group of producers are not borne by other groups of producers;
new text end

new text begin (22) a description of how the stewardship organization will comply with subdivision 6,
paragraph (b);
new text end

new text begin (23) a description of how the stewardship organization will assist producers in complying
with the labeling requirements of section 115A.1347, subdivision 2, paragraph (a);
new text end

new text begin (24) a description of how the stewardship organization will ensure that covered products
and other electrical products managed under the stewardship program are recycled to the
maximum extent practicable in accordance with section 115A.02, paragraph (b);
new text end

new text begin (25) a description of how the stewardship organization will incentivize investment in
processes, product design and material use, technology, and personnel training that could
raise the future maximum extent practicable for recycling described in clause (24), including
consideration of covered product reuse, repair, and product life cycle;
new text end

new text begin (26) a description of how the stewardship organization will annually report to the
commissioner the number, type, and volume of covered products and other electrical products
collected during each calendar year, specifying the categories of the covered products and
other electrical products and the chemistries of the covered batteries collected;
new text end

new text begin (27) a description of how the stewardship organization will annually report to the
commissioner the end management, through reuse, repair, reclamation, recycling, or disposal,
of the covered products and other electrical products shipped from collection sites under
the stewardship program during each calendar year; and
new text end

new text begin (28) a description of how the stewardship organization will take action to decrease the
incidence of covered products in solid waste in the state according to section 115A.1337,
subdivision 4, paragraph (c).
new text end

new text begin (b) By January 1, 2027, and by April 1 each year thereafter, the stewardship organization
must submit an anticipated annual budget for the stewardship program, broken down into
the stewardship program's estimated costs for administration, collection, sorting, storage,
transportation, processing, refurbishment, repair, reuse, recycling, disposal, and
communication costs, including the cost of fees under section 115A.1339 but not including
costs for lobbying, costs associated with litigation against the state, or penalties imposed
by the state. The budget is not subject to review and approval under subdivisions 4 and 5.
new text end

new text begin Subd. 3. new text end

new text begin Convenience standards. new text end

new text begin (a) The stewardship plan must provide convenient,
statewide collection for all covered products that are offered to collectors by a person in the
state, regardless of:
new text end

new text begin (1) a covered product's brand;
new text end

new text begin (2) a covered battery's energy capacity or chemistry;
new text end

new text begin (3) whether the producer of a covered product is a participant in the stewardship program;
or
new text end

new text begin (4) whether the brand of a covered product is covered under the stewardship program.
new text end

new text begin (b) The stewardship plan must meet the following convenience standards:
new text end

new text begin (1) for each county with a population of 10,000 or less, maintain at least two permanent
year-round collection sites;
new text end

new text begin (2) for each county with a population greater than 10,000 but less than or equal to
100,000, maintain at least two permanent year-round collection sites and at least one
additional permanent year-round collection site for each additional 10,000 in population
above a population of 10,000;
new text end

new text begin (3) for each county with a population greater than 100,000, maintain at least 11 permanent
year-round collection sites and at least one additional permanent year-round collection site
for each additional 50,000 in population above a population of 100,000;
new text end

new text begin (4) maintain a permanent year-round collection site located within ten miles of the
household of at least 95 percent of the residents of the state; and
new text end

new text begin (5) any additional convenience standards that the commissioner determines are necessary
to provide convenient, statewide collection for covered products.
new text end

new text begin (c) In making a determination under paragraph (b), clause (5), the commissioner may
consider data submitted according to section 115A.1337, subdivision 5; the volume of
covered products collected; the estimated volume of covered products sold in or into the
state; the estimated volume of covered products disposed of in the state; and other information
related to the effectiveness of the stewardship program.
new text end

new text begin Subd. 4. new text end

new text begin Review of stewardship plan; implementation. new text end

new text begin (a) Within 120 days after
receiving a complete stewardship plan submitted under this section, the commissioner must
determine whether the stewardship plan complies with the requirements of this section and
will ensure that elements required by subdivision 2, paragraph (a), will be met to the
maximum extent practicable. The commissioner must provide a written notice of
determination according to this subdivision.
new text end

new text begin (b) In conducting a review of a stewardship plan, the commissioner may consult with
interested parties.
new text end

new text begin (c) For at least 30 days and before approving a stewardship plan, the commissioner must
place the stewardship plan on the agency's publicly accessible website for public review
and comment.
new text end

new text begin (d) If the commissioner determines that a stewardship plan fails to meet the requirements
of this section or will not ensure that elements required by subdivision 2, paragraph (a), will
be met to the maximum extent practicable, the commissioner must reject the stewardship
plan. The commissioner must provide a written notice of determination to the stewardship
organization describing the reasons for the rejection.
new text end

new text begin (e) After any consultation under paragraph (b) and review of public comments received
under paragraph (c), if the commissioner determines that a stewardship plan meets the
requirements of subdivision 2, the commissioner must approve the stewardship plan. The
commissioner must provide a written notice of determination to the stewardship organization.
new text end

new text begin (f) The stewardship organization must publish its approved stewardship plan on its
publicly accessible website within 30 days after receiving written notice of approval but is
not required to publish nonpublic data as defined under chapter 13. The commissioner may
publish the approved stewardship plan on the agency's publicly accessible website but must
not publish nonpublic data.
new text end

new text begin (g) The stewardship organization must implement the stewardship plan approved by the
commissioner, including any amendments to the stewardship plan that are approved by the
commissioner according to subdivision 5, within 60 days after receiving written notice of
approval.
new text end

new text begin (h) For each stewardship plan or amendment submitted to the commissioner for review,
the commissioner may consider the data submitted according to section 115A.1337,
subdivision 5, and other relevant information to establish requirements to improve the
effectiveness, performance, and awareness of the stewardship program.
new text end

new text begin Subd. 5. new text end

new text begin Amending or terminating stewardship plan. new text end

new text begin (a) The stewardship organization
may amend a stewardship plan approved under subdivision 4 without review or approval
by the commissioner to make the changes specified in clauses (1) to (3). Within 30 days
after adopting an amendment under this paragraph, the stewardship organization must report
the amendment to the commissioner and must publish the amended stewardship plan on the
stewardship organization's publicly accessible website. The stewardship organization must
implement amendments made to a stewardship plan under this paragraph within 60 days
after adopting the amendment. The stewardship organization may:
new text end

new text begin (1) add, terminate, or replace a collector, collection site, person providing covered
services, or facility at which covered services will be performed;
new text end

new text begin (2) add or remove participants or brands covered under the stewardship plan; or
new text end

new text begin (3) change contact staff or contact staff information for the stewardship organization,
participants, collectors, persons transporting covered products or other electrical products,
or facilities to be used for storage, processing, recycling, or disposal.
new text end

new text begin (b) Except for an amendment under paragraph (a), a proposed amendment to a
stewardship plan approved under subdivision 4 must be submitted to and reviewed and
approved by the commissioner before it may be implemented by the stewardship organization.
The commissioner must review and approve or reject the proposed amendment according
to subdivision 4.
new text end

new text begin (c) The stewardship organization with an approved stewardship plan must submit an
amended stewardship plan for review at least every five years according to this subdivision
and subdivision 4 if the stewardship organization has not during that time submitted
amendments for review under paragraph (b).
new text end

new text begin (d) The stewardship organization may terminate a stewardship plan by providing at least
90 days' written notice to the commissioner and to all participants in the stewardship program.
Before the stewardship plan is terminated, each participant must meet the requirements of
section 115A.1335, subdivision 1, by contracting with a new stewardship organization,
which must submit and obtain the commissioner's approval for a stewardship plan.
new text end

new text begin (e) The commissioner may terminate a stewardship plan for good cause, such as
significant noncompliance with this section; failure to ensure that covered products and
other electrical products collected in the state are being managed in responsible markets
and according to subdivision 2, paragraph (a), clauses (13) to (15); failure to timely submit
a stewardship plan for review according to paragraph (c); or failure to pay fees assessed
under section 115A.1339. If the commissioner terminates a stewardship plan, the
commissioner must provide the stewardship organization with written notice of termination
describing the good cause for termination. The commissioner must also notify all participants
in the stewardship program in writing using the contact information for the participants
provided in the stewardship plan.
new text end

new text begin Subd. 6. new text end

new text begin Compliance. new text end

new text begin (a) The stewardship organization must comply with its stewardship
plan approved by the commissioner, including any amendments to the stewardship plan
that are made according to subdivision 5, paragraph (a) or (b).
new text end

new text begin (b) The stewardship organization must comply with the reimbursement rates approved
by the commissioner.
new text end

new text begin (c) The stewardship organization must ensure that all costs of the stewardship program
are fully paid for by producers as a whole, except for de minimis producers. All costs of
the stewardship program must be allocated between groups of producers without any fee,
charge, surcharge, or any other cost to:
new text end

new text begin (1) any member of the public;
new text end

new text begin (2) any business other than a producer;
new text end

new text begin (3) any collector;
new text end

new text begin (4) any person providing covered services;
new text end

new text begin (5) the state or any political subdivision;
new text end

new text begin (6) de minimis producers; or
new text end

new text begin (7) any other person who is not a producer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 14.

new text begin [115A.1337] STEWARDSHIP ORGANIZATION DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Duties to collectors. new text end

new text begin (a) The stewardship organization must provide the
following to each collector:
new text end

new text begin (1) reimbursement at the rates approved by the commissioner;
new text end

new text begin (2) all covered services after the initial collection of covered products and other electrical
products by the collector;
new text end

new text begin (3) containers as described in section 115A.1347, subdivision 1, paragraph (d);
new text end

new text begin (4) consistent signage identifying a collection site;
new text end

new text begin (5) training for collection site employees on identifying and safely handling and storing
covered batteries and covered products that have covered batteries contained within them
or otherwise attached or connected to them, including damaged, defective, or recalled
batteries, also known as DDR batteries;
new text end

new text begin (6) educational materials that address the information described in subdivision 4,
paragraph (a), clause (3), for distribution to members of the public and businesses in
Minnesota. The educational materials must be made available in English and at least the
three most frequent languages spoken at home in the state other than English, according to
the state demographer; and
new text end

new text begin (7) direction to an alternate collector whenever a collector determines and reports to the
stewardship organization, according to section 115A.1341, subdivision 1, paragraph (d),
that the collector cannot safely collect a covered product. The stewardship organization
must ensure that the covered product is collected by another collector.
new text end

new text begin (b) The stewardship organization must allow a collector to perform covered services if
the collector meets the performance standards in the stewardship plan under section
115A.1335, subdivision 2, paragraph (a), clause (12), and the collector is identified in the
stewardship plan as providing covered services other than collection according to section
115A.1335, subdivision 2, paragraph (a), clause (3).
new text end

new text begin (c) For covered services provided under paragraph (b), the stewardship organization
must reimburse the collector for the cost of the performed covered services according to
section 115A.1335, subdivision 2, paragraph (a), clause (20).
new text end

new text begin (d) A collector may request the stewardship organization to add a person to provide
covered services to the stewardship plan as an amendment under section 115A.1335,
subdivision 5, paragraph (a), and the stewardship organization must consider the request if
the person meets the performance standards in the stewardship plan.
new text end

new text begin Subd. 2. new text end

new text begin Accessibility. new text end

new text begin (a) The stewardship organization must provide convenient,
equitable, and accessible service to all Minnesotans, including but not limited to people of
color; Minnesota Tribal governments as defined in section 10.65, subdivision 2; those that
are non-English speaking; immigrant and refugee communities; those with limited access
to transportation; and those in environmental justice areas.
new text end

new text begin (b) The stewardship program must include collection opportunities beyond those required
under section 115A.1335, subdivision 3, to better serve populations under paragraph (a),
such as individual pickup from households and temporary events to provide enhanced
collection availability.
new text end

new text begin (c) Where feasible, the stewardship organization must encourage establishing collection
sites in proximity to local public transit.
new text end

new text begin Subd. 3. new text end

new text begin Oversight; collector eligibility. new text end

new text begin (a) The stewardship organization must ensure
that:
new text end

new text begin (1) covered products and other electrical products managed under the stewardship
program are recycled to the maximum extent practicable in accordance with section 115A.02,
paragraph (b); and
new text end

new text begin (2) residual materials are managed in compliance with applicable hazardous waste or
solid waste requirements by:
new text end

new text begin (i) each person transporting covered products or other electrical products; and
new text end

new text begin (ii) each facility listed in the stewardship plan at which storage, processing, recycling,
or disposal of covered products and other electrical products is performed.
new text end

new text begin (b) To ensure that covered products and other electrical products are managed to the
maximum extent practicable in accordance with section 115A.02, paragraph (b), the
commissioner may require performance standards and oversight methods in lieu of or in
addition to the performance standards and oversight methods used by a stewardship
organization under paragraph (a) and section 115A.1335, subdivision 2, paragraph (a),
clause (12), for persons providing covered services for covered products and other electrical
products. The commissioner may consider data submitted under subdivision 5; the availability
and feasibility of technology, processes, and methods for managing covered products and
other electrical products; and other information related to the effectiveness of the stewardship
program.
new text end

new text begin (c) The stewardship organization must allow any person meeting the eligibility criteria
to serve as a collector. Except for a household hazardous waste collection program established
under section 115A.96, a stewardship organization may terminate a collector and cease
payment to the collector for good cause. Except as provided for in section 115A.1341,
subdivision 2, the eligibility criteria must include agreement by collectors to accept covered
products of any brand, any physical size, and, in the case of covered batteries and covered
products that have covered batteries contained within them or otherwise attached or connected
to them, any energy capacity or chemistry.
new text end

new text begin Subd. 4. new text end

new text begin Stewardship program effectiveness. new text end

new text begin (a) To support the effectiveness of the
stewardship program, the stewardship organization must provide outreach and education
to:
new text end

new text begin (1) persons that might sell, offer for sale or promotional purposes, or distribute covered
products or other electrical products in or into the state, to inform the persons of the
requirements of section 115A.1347, subdivision 2;
new text end

new text begin (2) potential collectors and persons who are collecting covered products before the
effective date of this section to inform the collectors how to request coverage by the
stewardship program; and
new text end

new text begin (3) members of the public to raise awareness of:
new text end

new text begin (i) public health and safety and environmental risks caused by improperly charging,
storing, and disposing of covered batteries and covered products that have covered batteries
contained within them or otherwise attached or connected to them;
new text end

new text begin (ii) public health and environmental risks caused by improperly disposing of covered
products;
new text end

new text begin (iii) methods to safely charge and store covered batteries and covered products that have
covered batteries contained within them or otherwise attached or connected to them;
new text end

new text begin (iv) the benefits of repairing, reusing, and recycling covered products and other electrical
products in contrast to disposal; and
new text end

new text begin (v) the existence of the stewardship program and the ability to recycle covered products
and other electrical products at no cost, including the location and convenience of collection
sites in the state.
new text end

new text begin (b) The stewardship organization must maintain a publicly accessible website to locate
collection sites through map-based and text-based searches.
new text end

new text begin (c) The stewardship organization must, in addition to the requirements of paragraphs
(a) and (b), take action to decrease the incidence of covered products in solid waste generated
in the state as soon as practicable and to the maximum extent achievable. The commissioner
may determine the effectiveness of the stewardship program using information from waste
composition studies conducted under section 115A.412 and other information available to
the commissioner and may require the stewardship organization to submit information and
implement actions to decrease the incidence of covered products in solid waste in accordance
with section 115A.1335, subdivision 2, paragraph (a), clause (28).
new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin (a) The stewardship organization must report an amendment to the
stewardship plan made under section 115A.1335, subdivision 5, paragraph (a), to the
commissioner within 30 days after making the amendment.
new text end

new text begin (b) By April 1 each year, the stewardship organization must report to the commissioner,
in a form and manner prescribed by the commissioner, on the stewardship organization's
activities during the preceding calendar year. The stewardship organization must also submit
a copy of the report to the board. The report must include:
new text end

new text begin (1) the address, county of location, and geolocation data for each collection site used by
the stewardship organization under the stewardship program during the preceding calendar
year;
new text end

new text begin (2) the number, type, and volume of covered products and other electrical products
collected during each calendar year, specifying the categories of the covered products and
other electrical products and the chemistries of the covered batteries collected, in accordance
with section 115A.1335, subdivision 2, paragraph (a), clause (26);
new text end

new text begin (3) the end management, through reuse, repair, reclamation, recycling, or disposal, of
the covered products and other electrical products shipped from collection sites under the
stewardship program, in accordance with section 115A.1335, subdivision 2, paragraph (a),
clause (27);
new text end

new text begin (4) the results of the oversight according to section 115A.1335, subdivision 2, paragraph
(a), clause (12), verifying that the performance standards were met by each of the persons
providing covered services;
new text end

new text begin (5) a description of outreach and education activities performed by the stewardship
organization during the preceding calendar year according to subdivision 4;
new text end

new text begin (6) a financial report on the stewardship program, including actual costs and funding
compared to the budget for the year submitted under section 115A.1335, subdivision 2,
paragraph (b). The financial report must include an audit report of the stewardship program
by an independent auditor. The independent auditor must be selected by the stewardship
organization and approved or rejected by the commissioner. If the commissioner rejects an
independent auditor, the stewardship organization must select a different independent auditor
for approval or rejection by the commissioner. The independent audit must meet the
requirements of Accounting Standards Update 2018-08, Not-for-Profit Entities (Topic 958),
Financial Accounting Standards Board, as amended;
new text end

new text begin (7) the proposed and actual budget for the year in which the report is submitted; and
new text end

new text begin (8) starting on the second April after the stewardship organization's first stewardship
plan is approved by the commissioner, and then every third year thereafter, a performance
audit of the stewardship program. The performance audit must conform to audit standards
established by the United States Government Accountability Office; the National Association
of State Auditors, Comptrollers and Treasurers; or another nationally recognized organization
approved by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 15.

new text begin [115A.1339] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Annual fees. new text end

new text begin (a) By January 1, 2027, and by July 1 each year thereafter,
the commissioner must calculate the sum of all costs that the agency incurs under sections
115A.1331 to 115A.1347, exclusive of recovery and management of covered products under
subdivision 2. The sum calculated for the period preceding January 1, 2027, must include
the agency's costs from enacting sections 115A.1331 to 115A.1347. For the purposes of
this paragraph, costs of the board are considered costs incurred by the agency.
new text end

new text begin (b) Notwithstanding section 16A.1283, the commissioner must assess an annual
administrative fee at an amount that is adequate to reimburse the agency's sum costs of
administering sections 115A.1331 to 115A.1347. The stewardship organization must pay
the assessed annual administrative fee by the due date set by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Recovery and proper management fees. new text end

new text begin (a) When the commissioner intends
to spend money for the recovery and proper management of covered products under section
115A.1343, subdivision 1, notwithstanding section 16A.1283, the commissioner must assess
the estimated cost of recovery and proper management of covered products to the stewardship
organization.
new text end

new text begin (b) The cost under paragraph (a) must not include any subsequent remediation of the
real properties where the covered products are located nor the cost of any environmental
assessment of the properties to determine appropriate subsequent remediation under other
law. Such costs must not be paid from any funds assessed, collected, or appropriated under
this section. The stewardship organization must pay the assessed recovery and management
fee by the due date set by the commissioner.
new text end

new text begin (c) If, after the covered products have been recovered and properly managed, the actual
cost of recovery and proper management of the recovered products is less than the fee paid
by the stewardship organization, the commissioner must refund the excess payment. If the
cost of recovery and proper management exceeds the fee paid by the stewardship
organization, the commissioner must assess the stewardship organization for the deficit.
The stewardship organization must pay the assessed recovery and management fee deficit
by the due date set by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Disposition of fees. new text end

new text begin The total amount of net fees collected under this section
must not exceed the amount necessary to reimburse agency costs as calculated under
subdivisions 1 and 2. All fees received under subdivisions 1 and 2 must be deposited in the
state treasury and credited to a product stewardship account in the special revenue fund.
The amount collected under this section is annually appropriated to the commissioner to
implement and enforce sections 115A.1331 to 115A.1347.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 16.

new text begin [115A.1341] COLLECTOR DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Accepting covered products. new text end

new text begin (a) A collector must accept at least ten
covered products from a person daily without imposing a fee, charge, surcharge, or other
cost to any person other than the stewardship organization. A collector may voluntarily
agree to accept any number of additional covered products daily from a person but may not
impose a fee, charge, surcharge, or other cost to any person other than the stewardship
organization to do so.
new text end

new text begin (b) A collector must accept from a person any covered product of any brand, any physical
size, and, in the case of covered batteries and covered products that have covered batteries
contained within them or otherwise attached or connected to them, any energy capacity or
chemistry, unless the collector determines a specific covered product cannot be safely
collected by the collector at a specific collection site at a specific time.
new text end

new text begin (c) Notwithstanding paragraph (a), a household hazardous waste collection program
established under section 115A.96 may limit the persons from which the collection program
accepts covered products and may limit the number of covered products the collection
program will accept daily from a person. A household hazardous waste collection program
established under section 115A.96 is not subject to paragraph (b). However, the stewardship
organization may not include the household hazardous waste collection program when
demonstrating compliance with the convenience standards of section 115A.1335, subdivision
3, unless the household hazardous waste collection program voluntarily agrees in writing
with the stewardship organization to comply with both paragraphs (a) and (b).
new text end

new text begin (d) A collector that determines that it cannot safely accept a specific covered product
must document the reason for not accepting the covered product and immediately notify
the stewardship organization of the nonacceptance in order to allow the stewardship
organization to arrange for alternate collection of the covered product under section
115A.1337, subdivision 1, paragraph (a), clause (7).
new text end

new text begin Subd. 2. new text end

new text begin Accepting other electrical products. new text end

new text begin A collector may accept other electrical
products from a person. If a collector accepts other electrical products, the collector may
not impose a fee, charge, surcharge, or other cost to any person other than the stewardship
organization.
new text end

new text begin Subd. 3. new text end

new text begin Storing accepted products. new text end

new text begin A collector must manage and store all accepted
covered products and other electrical products safely and in compliance with section
115A.1347, subdivision 1, paragraphs (c) and (d).
new text end

new text begin Subd. 4. new text end

new text begin Training. new text end

new text begin A collector must ensure and document that training is provided for
collection site employees on identifying and safely handling and storing covered batteries
and covered products that have covered batteries contained within them or otherwise attached
or connected to them, including damaged, defective, or recalled batteries, also known as
DDR batteries. The collector may provide the training or may receive training from the
stewardship organization or the stewardship organization's representative.
new text end

new text begin Subd. 5. new text end

new text begin Recordkeeping. new text end

new text begin A collector must maintain the following records for at least
three years and make them available to the commissioner for inspection:
new text end

new text begin (1) records of covered products and other electrical products accepted at a collection
site;
new text end

new text begin (2) records of covered products and other electrical products shipped from a collection
site; and
new text end

new text begin (3) documentation of employee training. The three-year record retention period for
employee documentation begins on the day following the last day the employee worked for
the collector.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 17.

new text begin [115A.1343] COVERED PRODUCTS RECOVERY AND PROPER
MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Recovery and proper management. new text end

new text begin (a) In addition to any authority
granted by other law and without limiting that authority, whenever the commissioner
determines that covered products have been abandoned, improperly disposed of, or stored
on real property within the state in a manner not in compliance with sections 115A.1331 to
115A.1347 or with applicable rules adopted under section 116.07, subdivision 2, paragraph
(d), or 4, paragraph (g), the commissioner may issue an order under section 115.071,
subdivision 5; 116.07, subdivision 9; or 116.072, subdivision 1, requiring a person responsible
for the abandonment, improper disposal, or noncompliant storage of the covered products
to recover and properly manage the covered products according to sections 115A.1331 to
115A.1347 and applicable rules. An order under this paragraph must notify the person of
the provisions of this subdivision.
new text end

new text begin (b) If a person that receives an order under paragraph (a) fails to complete the ordered
actions to recover and properly manage the covered products within the time specified in
the order, then after that time or upon expiration of the appeal period for the order, whichever
is later, the commissioner must notify the stewardship organization in writing of:
new text end

new text begin (1) the commissioner's determination that the covered products have been abandoned,
improperly disposed of, or stored in a noncompliant manner;
new text end

new text begin (2) the name of the person that was issued the order under paragraph (a) and the location
of the covered products;
new text end

new text begin (3) the actions required to recover and properly manage the covered products; and
new text end

new text begin (4) the amount of time that the stewardship organization may attempt to complete the
actions to recover and properly manage the covered products on behalf of the person.
new text end

new text begin (c) If the stewardship organization intends to recover and properly manage the covered
products, the stewardship organization must notify the commissioner of its intent and submit
a plan to recover and properly manage the covered products to the commissioner. The
stewardship organization must comply with its submitted recovery and management plan.
new text end

new text begin (d) If, after the period specified in paragraph (b), the ordered actions to recover and
properly manage the covered products have not been completed, or upon earlier notice from
the stewardship organization that it does not intend to take the actions, the commissioner
may recover and properly manage the covered products. The commissioner must estimate
the cost for a person contracted to the agency to perform the recovery and management.
The commissioner must assess the estimated cost to the stewardship organization according
to section 115A.1339, subdivision 2. After the stewardship organization pays the assessed
fee, the commissioner may recover and properly manage the covered products. Money
appropriated to the commissioner from the product stewardship account may be spent by
the commissioner to recover and properly manage the covered products.
new text end

new text begin (e) In addition to the authority to enter upon any public or private property for the purpose
of obtaining information or conducting surveys or investigations under section 115A.06,
the commissioner or any designee or agent may enter upon the property to recover covered
products when acting under this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Limited private right of action for recovery and proper management. new text end

new text begin (a)
The stewardship organization that recovers and properly manages covered products under
subdivision 1, paragraph (c), may maintain a civil action against a person issued an order
to recover and properly manage those covered products under subdivision 1, paragraph (a).
The stewardship organization is entitled to damages under this paragraph of twice its actual
cost of recovery and proper management of the covered products. Additional amounts
recoverable under this paragraph include an award of reasonable attorney fees and costs.
new text end

new text begin (b) When the stewardship organization is assessed and pays the cost to recover and
properly manage covered products under subdivision 1, paragraph (d), and section
115A.1339, subdivision 2, the stewardship organization may maintain a civil action against
a person issued an order to recover and properly manage those covered products under
subdivision 1, paragraph (a). The stewardship organization is entitled to damages under this
paragraph equal to the cost of recovery and proper management of covered products assessed
by the commissioner to the stewardship organization. Additional amounts recoverable under
this paragraph include an award of reasonable attorney fees and costs.
new text end

new text begin (c) The commissioner may not be a party to or be required to provide assistance or
otherwise participate in a civil action authorized under this subdivision unless subject to a
subpoena before a court of jurisdiction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 18.

new text begin [115A.1345] OTHER AUTHORITIES AND DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Limited private right of action against producers. new text end

new text begin (a) Except as
provided in paragraph (d), the stewardship organization may maintain a civil action against
one or more producers, except a de minimis producer, to recover a portion of the stewardship
organization's costs and additional amounts according to this subdivision.
new text end

new text begin (b) Damages recoverable under this subdivision may not exceed a fair share of the actual
costs incurred by the plaintiff stewardship organization in managing covered products or
other electrical products of a defendant producer subject to section 115A.1347, subdivision
2, paragraph (b). Additional amounts recoverable under this subdivision include an award
of reasonable attorney fees and costs. If a defendant producer did not participate in the
stewardship program established under sections 115A.1331 to 115A.1347 during the period
in which covered products or other electrical products of the defendant producer were
managed by the plaintiff stewardship organization, a punitive sum of up to three times the
damages awarded may be assessed.
new text end

new text begin (c) A plaintiff stewardship organization may establish a defendant producer's fair share
of the plaintiff's actual costs by providing the court with information establishing the process
by which the defendant producer's share of stewardship program costs would have been
allocated had the defendant producer been a participant in the program and paid its allocated
share. The plaintiff stewardship organization may use data from producers similar in covered
product, financial status, or market share to the defendant producer to provide the information.
new text end

new text begin (d) An action may not be commenced under this subdivision against a potential defendant
producer until 60 days after the plaintiff stewardship organization provides to all potential
defendants a written notice of the claim setting forth the amount of the claim and the basis
for the calculation of the amount.
new text end

new text begin (e) No action may be brought under this subdivision against a person other than a
producer.
new text end

new text begin (f) The commissioner may not be a party to or be required to provide assistance or
otherwise participate in a civil action authorized under this subdivision unless subject to a
subpoena before a court of jurisdiction.
new text end

new text begin Subd. 2. new text end

new text begin Conduct authorized. new text end

new text begin A producer or stewardship organization that organizes
covered services for covered products or other electrical products under sections 115A.1331
to 115A.1347 is immune from liability for the conduct under state laws relating to antitrust,
restraint of trade, unfair trade practices, and other regulation of trade or commerce only to
the extent that the conduct is necessary to plan and implement the producer's or stewardship
organization's chosen system.
new text end

new text begin Subd. 3. new text end

new text begin Duty to provide information. new text end

new text begin Upon request of the commissioner for purposes
of implementing sections 115A.1331 to 115A.1347, a person must furnish to the
commissioner any information that the person has or may reasonably obtain.
new text end

new text begin Subd. 4. new text end

new text begin Contracts. new text end

new text begin (a) Any person awarded a contract under chapter 16C for purchase
or lease of covered products or other electrical products that is found to be in violation of
sections 115A.1331 to 115A.1347 is subject to the following sanctions:
new text end

new text begin (1) the contract must be voided if the commissioner of administration determines that
the potential adverse impact to the state is exceeded by the benefit obtained from voiding
the contract; and
new text end

new text begin (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part
1230.1150.
new text end

new text begin (b) If the attorney general establishes that any money, property, or benefit was obtained
by a contractor as a result of violating sections 115A.1331 to 115A.1347, the court may, in
addition to any other remedy, order the disgorgement of the unlawfully obtained money,
property, or benefit.
new text end

new text begin Subd. 5. new text end

new text begin Multistate implementation. new text end

new text begin The commissioner may participate in establishing
a regional multistate organization or compact to assist in carrying out the requirements of
sections 115A.1331 to 115A.1347.
new text end

new text begin Subd. 6. new text end

new text begin Rules. new text end

new text begin The commissioner may adopt rules to implement sections 115A.1331
to 115A.1347. The 18-month time limit under section 14.125 does not apply to rulemaking
under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 19.

new text begin [115A.1347] DISPOSAL PROHIBITIONS; BATTERY LABELING;
COVERED PRODUCT SALES RESTRICTION.
new text end

new text begin Subdivision 1. new text end

new text begin Disposal prohibition. new text end

new text begin (a) A person may not place a covered product
into:
new text end

new text begin (1) solid waste; or
new text end

new text begin (2) a recycling container that a collector has not clearly marked for use for collecting
covered products.
new text end

new text begin (b) A person must manage a covered product that is discarded by delivering the covered
product to a collection site or to a recycling facility for covered products.
new text end

new text begin (c) Until recycled, covered products are not exempt from any applicable rules adopted
under section 116.07 for managing hazardous waste.
new text end

new text begin (d) Covered batteries and covered products that have covered batteries contained within
them or otherwise attached or connected to them must be stored in containers that are:
new text end

new text begin (1) designed, constructed, and used in a manner to suppress battery fires in the container
or to prevent ignition of materials outside the container; and
new text end

new text begin (2) held in structures compliant with the local fire code.
new text end

new text begin Subd. 2. new text end

new text begin Labeling and sale; requirements. new text end

new text begin (a) A person may not sell, including online
sales; offer for sale or promotional purposes; distribute in or into the state; or facilitate a
sale of a covered battery or covered product that has a covered battery contained within it
or otherwise attached or connected to it unless the covered battery and covered product is
labeled to identify the chemistry employed to store energy in the battery. Labeling under
this paragraph must be permanently marked on or affixed to the covered battery and covered
product and must use language or graphics sufficient to facilitate awareness by members
of the public of the battery chemistry employed. The commissioner may, by rule adopted
under section 115A.1345, subdivision 6, specify the manner of labeling.
new text end

new text begin (b) A person may not sell, including online sales; offer for sale or promotional purposes;
distribute in or into the state; or facilitate a sale of a covered product or other electrical
product unless the producer of the covered product or other electrical product is named as
a participant in a stewardship plan published under section 115A.1335, subdivision 4,
paragraph (f), or the brand is named as covered in a stewardship plan published under section
115A.1335, subdivision 4, paragraph (f), and the stewardship plan has not been terminated
under section 115A.1335, subdivision 5.
new text end

new text begin (c) This subdivision does not apply to isolated and occasional sales of a covered product
or other electrical product that are not made in the normal course of business, as exempted
from sales tax under section 297A.67, subdivision 23.
new text end

new text begin (d) This subdivision does not apply to sales, including online sales; offers for sale or
promotional purposes; distribution; or facilitation of a sale of a used covered product or
used other electrical product.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 20.

Minnesota Statutes 2024, section 115A.554, is amended to read:

115A.554 AUTHORITY OF SANITARY DISTRICTS.

A sanitary district has the authorities and duties of counties within the district's boundary
for purposes of sections 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.551;
115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; deleted text begin 115A.961; deleted text end
116.072; 375.18, subdivision 14; 400.04; 400.06; 400.07; 400.08; 400.16; and 400.161.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 21.

Minnesota Statutes 2024, section 115B.421, is amended to read:

115B.421 CLOSED LANDFILL INVESTMENT FUND.

Subdivision 1.

Establishment.

(a) The closed landfill investment fund is established in
the state treasury. The fund consists of money credited to the fund and interest and other
earnings on money in the fund. Funds must be deposited as described in section 115B.445.
The fund must be managed to maximize long-term gain through the State Board of
Investment. new text begin Money in the fund is appropriated to the commissioner of the Pollution Control
Agency and may be spent according to sections 115B.39 to 115B.444.
new text end

deleted text begin (b) Each fiscal year, up to $4,500,000 is appropriated from the closed landfill investment
fund to the commissioner for the purposes of sections 115B.39 to 115B.444.
deleted text end

deleted text begin (c) If the commissioner determines that a release or threatened release from a qualified
facility for which the commissioner has assumed obligations for environmental response
actions under section 115B.40 or 115B.406 constitutes an emergency requiring immediate
action to prevent, minimize, or mitigate damage either to the public health or welfare or the
environment or to a system designed to protect the public health or welfare or the
environment, up to $9,000,000 in addition to the amount appropriated under paragraph (b)
is appropriated to the commissioner in the first year of the biennium and may be spent by
the commissioner to take reasonable and necessary emergency response actions. Money
not spent in the first year of the biennium may be spent in the second year. If money is
appropriated under this paragraph, the commissioner must notify the chairs of the senate
and house of representatives committees having jurisdiction over environment policy and
finance as soon as possible. The commissioner must maintain the fund balance to ensure
long-term viability of the fund and reflect the responsibility of the landfill cleanup program
in perpetuity.
deleted text end

deleted text begin (d) Paragraphs (b) and (c) expire June 30, 2025.
deleted text end

new text begin (b) The commissioner of management and budget must allocate the amounts available
in a biennium to the commissioner of the Pollution Control Agency for the purposes provided
in sections 115B.39 to 115B.444 based on work plans submitted by the commissioner of
the Pollution Control Agency and may adjust the allocations if the commissioner of the
Pollution Control Agency submits revised work plans. The commissioner of the Pollution
Control Agency must submit copies of the work plans to the chairs of the legislative
committees and divisions having jurisdiction over environment policy and finance. The
commissioner of the Pollution Control Agency may submit one work plan for the landfill
cleanup program covering all funding sources to meet the work plan requirements under
this section and section 116.155.
new text end

Subd. 2.

Local notification.

If money in the closed landfill investment fund is spent or
transferred for purposes other than the purposes provided under sections 115B.39 to
115B.444, the commissioner new text begin of the Pollution Control Agency new text end must provide written
notification to each county with a qualified facility within 30 days of the transfer or
expenditure that includes the amount, purpose, and authority used to spend or transfer the
money.

Sec. 22.

Minnesota Statutes 2024, section 115C.02, is amended by adding a subdivision
to read:

new text begin Subd. 13a. new text end

new text begin Side-mounted fuel tank. new text end

new text begin (a) "Side-mounted fuel tank" means a liquid fuel
tank that is in commercial use, has a capacity of 50 gallons or more, and:
new text end

new text begin (1) if mounted on a truck tractor, extends outboard of the vehicle frame and outside the
plain view outline of the cab; or
new text end

new text begin (2) if mounted on a truck, extends outboard of a line parallel to the longitudinal centerline
of the truck and tangent to the outboard side of a front tire in a straight-ahead position.
new text end

new text begin (b) In determining whether a fuel tank on a truck or truck tractor is side-mounted, the
fill pipe is not considered a part of the tank.
new text end

Sec. 23.

Minnesota Statutes 2024, section 115C.02, subdivision 14, is amended to read:

Subd. 14.

Tank.

(a) "Tank" means any one or a combination of containers, vessels, and
enclosures, including structures and appurtenances connected to them, that is, or has been,
used to contain, dispense, or store petroleum.

(b) "Tank" does not include:

(1) mobile tanks, except for tanks in transport; or

(2) pipeline facilities, including gathering lines, regulated under the Natural Gas Pipeline
Safety Act of 1968, United States Code, title 49, chapter 24, or the Hazardous Liquid Pipeline
Safety Act of 1979, United States Code, title 49, chapter 29.

new text begin (c) "Tank" includes a side-mounted fuel tank.
new text end

Sec. 24.

Minnesota Statutes 2024, section 115C.09, subdivision 1, is amended to read:

Subdivision 1.

Reimbursable costs.

(a) The board shall provide reimbursement to
eligible applicants for reimbursable costs.

(b) The following costs are reimbursable for purposes of this chapter:

(1) corrective action costs incurred by the applicant and documented in a form prescribed
by the board. Corrective action costs incurred by the applicant include costs for physical
removal of a tank when the physical removal is part of a corrective action, regardless of
whether the tank is leaking at the time of removal, and the removal is directed or approved
by the commissioner;

(2) costs that the responsible person is legally obligated to pay as damages to third parties
for bodily injury, property damage, or corrective action costs incurred by a third party caused
by a release where the responsible person's liability for the costs has been established by a
court order or court-approved settlement; and

(3) up to 180 days of interest costs associated with the financing of corrective action
and incurred by the applicant in a written extension of credit or loan that has been signed
by the applicant and executed after July 1, 2002, provided that the applicant documents
that:

(i) the interest costs are incurred as a result of an extension of credit or loan from a
financial institution; and

(ii) the board has not considered the application within the applicable time frame specified
in subdivision 2a, paragraph (c).

(c) Interest costs meeting the requirements of paragraph (b), clause (3), are eligible only
when they are incurred between the date a complete initial application is received by the
board, or the date a complete supplemental application is received by the board, and the
date that the board first notifies the applicant of its reimbursement determination. An
application is complete when the information reasonably required or requested by the board's
staff from the applicant has been received by the board's staff. Interest costs are not eligible
for reimbursement to the extent they exceed two percentage points above the adjusted prime
rate charged by banks, as defined in section 270C.40, subdivision 5, at the time the extension
of credit or loan was executed.

(d) A cost for liability to a third party is incurred by the responsible person when an
order or court-approved settlement is entered that sets forth the specific costs attributed to
the liability. Except as provided in this paragraph, reimbursement may not be made for costs
of liability to third parties until all eligible corrective action costs have been reimbursed. If
a corrective action is expected to continue in operation for more than one year after it has
been fully constructed or installed, the board may estimate the future expense of completing
the corrective action and, after subtracting this estimate from the total reimbursement
available under subdivision 3, reimburse the costs for liability to third parties. The total
reimbursement may not exceed the limit set forth in subdivision 3.

new text begin (e) For purposes of this section, "corrective action costs incurred by the applicant" does
not include corrective action costs resulting from a release from a side-mounted fuel tank.
Corrective action costs, including staff time, cleanup costs, or damages, resulting from a
release from a side-mounted fuel tank are not reimbursable.
new text end

Sec. 25.

Minnesota Statutes 2024, section 116.03, subdivision 2b, is amended to read:

Subd. 2b.

Permitting efficiency.

(a) It is the goal of the state that environmental and
resource management permits be issued or denied within 90 days for tier 1 permits or 150
days for tier 2 permits following submission of a permit application. The commissioner of
the Pollution Control Agency shall establish management systems designed to achieve the
goal. For the purposes of this section, "tier 1 permits" are permits that do not require
individualized actions or public comment periods, and "tier 2 permits" are permits that
require individualized actions or public comment periods.

(b) The commissioner shall prepare an annual permitting efficiency report that includes
statistics on meeting the goal in paragraph (a) and the criteria for tier 2 by permit categories.
new text begin The report must also provide information on consultants regarding achievement of the
performance standards under paragraph (e), clauses (1) to (4). new text end The report is due August 1
each year. For permit applications that have not met the goal, the report must state the
reasons for not meeting the goal. In stating the reasons for not meeting the goal, the
commissioner shall separately identify delays caused by the responsiveness of the proposer,
lack of staff, scientific or technical disagreements, or the level of public engagement. The
report must specify the number of days from initial submission of the application to the day
of determination that the application is complete. The report must aggregate the data for
the year and assess whether program or system changes are necessary to achieve the goal.
The report must be posted on the agency's website and submitted to the governor and the
chairs and ranking minority members of the house of representatives and senate committees
having jurisdiction over environment policy and finance.

(c) The commissioner shall allow electronic submission of environmental review and
permit documents to the agency.

(d) Within 30 business days of application for a permit subject to paragraph (a), the
commissioner of the Pollution Control Agency shall notify the permit applicant, in writing,
whether the application is complete or incomplete. If the commissioner determines that an
application is incomplete, the notice to the applicant must enumerate all deficiencies, citing
specific provisions of the applicable rules and statutes, and advise the applicant on how the
deficiencies can be remedied. If the commissioner determines that the application is complete,
the notice must confirm the application's tier 1 or tier 2 permit status. If the commissioner
believes that a complete application for a tier 2 construction permit cannot be issued within
the 150-day goal, the commissioner must provide notice to the applicant with the
commissioner's notice that the application is complete and, upon request of the applicant,
provide the permit applicant with a schedule estimating when the agency will begin drafting
the permit and issue the public notice of the draft permit. This paragraph does not apply to
an application for a permit that is subject to a grant or loan agreement under chapter 446A.

new text begin (e) The commissioner must credential consultants who meet the requirements of this
paragraph and must provide a logo or similar indicator with the credential that can be used
by a consultant in marketing their services. For purposes of this section, "consultant" means
a third-party professional representing a facility owner or operator to prepare or assist in
preparing a permit application or other similar documentation required by the commissioner
for authorizations under chapters 115 to 116. A consultant is credentialed on January 1 each
odd-numbered year if, in the preceding two years, the consultant:
new text end

new text begin (1) submitted permit applications deemed complete under paragraph (d) at a rate of at
least 80 percent;
new text end

new text begin (2) when applicable, met agreed-upon deadlines as part of a plan designed to increase
the coordination and efficiency of regulatory activities, such as a plan described under
section 116.035;
new text end

new text begin (3) did not represent an owner or operator to prepare or assist in preparing a permit
application or other similar documentation when the owner or operator received a citation
under section 116.073, subdivision 1, paragraph (b); and
new text end

new text begin (4) was not found in violation of Minnesota Rules, part 7000.0300, relating to duty of
candor.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end For purposes of this subdivision, "permit professional" means an individual not
employed by the Pollution Control Agency who:

(1) has a professional license issued by the state of Minnesota in the subject area of the
permit;

(2) has at least ten years of experience in the subject area of the permit; and

(3) abides by the duty of candor applicable to employees of the Pollution Control Agency
under agency rules and complies with all applicable requirements under chapter 326.

deleted text begin (f) deleted text end new text begin (g) new text end Upon the agency's request, an applicant relying on a permit professional must
participate in a meeting with the agency before submitting an application:

(1) at least two weeks prior to the preapplication meeting, the applicant must submit at
least the following:

(i) project description, including, but not limited to, scope of work, primary emissions
points, discharge outfalls, and water intake points;

(ii) location of the project, including county, municipality, and location on the site;

(iii) business schedule for project completion; and

(iv) other information requested by the agency at least four weeks prior to the scheduled
meeting; and

(2) during the preapplication meeting, the agency shall provide for the applicant at least
the following:

(i) an overview of the permit review program;

(ii) a determination of which specific application or applications will be necessary to
complete the project;

(iii) a statement notifying the applicant if the specific permit being sought requires a
mandatory public hearing or comment period;

(iv) a review of the timetable established in the permit review program for the specific
permit being sought; and

(v) a determination of what information must be included in the application, including
a description of any required modeling or testing.

deleted text begin (g) deleted text end new text begin (h) new text end The applicant may select a permit professional to undertake the preparation of
the permit application and draft permit.

deleted text begin (h) deleted text end new text begin (i) new text end If a preapplication meeting was held, the agency shall, within seven business days
of receipt of an application, notify the applicant and submitting permit professional that the
application is complete or is denied, specifying the deficiencies of the application.

deleted text begin (i) deleted text end new text begin (j) new text end Upon receipt of notice that the application is complete, the permit professional
shall submit to the agency a timetable for submitting a draft permit. The permit professional
shall submit a draft permit on or before the date provided in the timetable. Within 60 days
after the close of the public comment period, the commissioner shall notify the applicant
whether the permit can be issued.

deleted text begin (j) deleted text end new text begin (k) new text end Nothing in this section shall be construed to modify:

(1) any requirement of law that is necessary to retain federal delegation to or assumption
by the state; or

(2) the authority to implement a federal law or program.

deleted text begin (k) deleted text end new text begin (l) new text end The permit application and draft permit shall identify or include as an appendix
all studies and other sources of information used to substantiate the analysis contained in
the permit application and draft permit. The commissioner shall request additional studies,
if needed, and the permit applicant shall submit all additional studies and information
necessary for the commissioner to perform the commissioner's responsibility to review,
modify, and determine the completeness of the application and approve the draft permit.

Sec. 26.

Minnesota Statutes 2024, section 116.073, subdivision 1, is amended to read:

Subdivision 1.

Authority to issue.

(a) Pollution Control Agency staff designated by the
commissioner and Department of Natural Resources conservation officers may issue citations
to a person who:

(1) disposes of solid waste as defined in section 116.06, subdivision 22, at a location
not authorized by law for the disposal of solid waste without permission of the owner of
the property;

(2) fails to report or recover discharges as required under section 115.061;

(3) fails to take discharge preventive or preparedness measures required under chapter
115E;

(4) fails to install or use vapor recovery equipment during the transfer of gasoline from
a transport delivery vehicle to an underground storage tank as required in section 116.49,
subdivisions 3 and 4;

(5) performs labor or services designing, installing, constructing, inspecting, servicing,
repairing, or operating a subsurface sewage treatment system (SSTS) as defined in chapter
115 and has violated rules adopted under chapters 115 and 116 in any of the following
categories:

(i) failure to acquire or maintain a current state-issued SSTS license;

(ii) failure to acquire or maintain a current surety bond for SSTS activities;

(iii) failure to acquire or maintain a required local permit for SSTS activities; or

(iv) failure to submit SSTS as-built plans or compliance inspection forms to the local
governmental unit; or

(6) performs labor or services pumping, hauling, treating, spreading, dumping,
discharging, or land applying septage as defined in Minnesota Rules, part 7080.1100, subpart
69, and has violated rules adopted under chapters 115 and 116 or Code of Federal
Regulations, title 40, section 503, in any of the following categories:

(i) failure to acquire or maintain a current state-issued SSTS license;

(ii) failure to acquire or maintain a current surety bond for SSTS activities;

(iii) failure to provide control measures to prevent the pollution of underground waters
from the discharge of septage into the saturated or unsaturated zone;

(iv) failure to produce records or maintain records in accordance with Code of Federal
Regulations, title 40, section 503; or

(v) failure to treat septage for pathogens and vectors in accordance with Code of Federal
Regulations, title 40, section 503.

new text begin (b) Agency staff designated by the commissioner may issue citations to facility owners
and operators who fail to produce, within 30 days or within a reasonable alternative time
frame as determined and required by the commissioner, information or reports necessary
for developing and reissuing permits and permit amendments under chapters 114C and 115
to 116. If the owner or operator cannot produce the information or reports within 30 days
or according to an alternative time frame required by the commissioner, the owner or operator
may request an extension within 30 days of the request for information or reports. The
commissioner must keep records of citations issued under this paragraph that identify the
facility, the owner or operator, and any person hired by or representing the owner or operator
to prepare or assist in preparing the permit application or other information or report requested
by the commissioner.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end In addition, Pollution Control Agency staff designated by the commissioner may
issue citations to owners and operators of facilities who violate sections 116.46 to 116.50
and Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A citation
issued under this subdivision must include a requirement that the person cited remove and
properly dispose of or otherwise manage the waste or discharged oil or hazardous substance,
reimburse any government agency that has disposed of the waste or discharged oil or
hazardous substance and contaminated debris for the reasonable costs of disposal, or correct
any storage tank violations.

deleted text begin (c) deleted text end new text begin (d) new text end Citations for violations of sections 115E.045 and 116.46 to 116.50 and Minnesota
Rules, chapters 7150 and 7151, may be issued only after the owners and operators have had
a 60-day period to correct violations stated in writing by Pollution Control Agency staff,
unless there is a discharge associated with the violation or the violation is a repeat violation
from a previous inspection.

Sec. 27.

Minnesota Statutes 2024, section 116.073, subdivision 2, is amended to read:

Subd. 2.

Penalty amount.

The citation must impose the following penalty amounts:

(1) $100 per major appliance, as defined in section 115A.03, subdivision 17a, up to a
maximum of $2,000;

(2) $25 per waste tire, as defined in section 115A.90, subdivision 11, up to a maximum
of $2,000;

(3) $25 per lead acid battery governed by section 115A.915, up to a maximum of $2,000;

(4) $1 per pound of other solid waste or $20 per cubic foot up to a maximum of $2,000;

(5) up to $200 for any amount of waste that escapes from a vehicle used for the
transportation of solid waste if, after receiving actual notice that waste has escaped the
vehicle, the person or company transporting the waste fails to immediately collect the waste;

(6) $50 per violation of rules adopted under section 116.49, relating to underground
storage tank system design, construction, installation, and notification requirements, up to
a maximum of $2,000;

(7) $500 per violation of rules adopted under section 116.49, relating to upgrading of
existing underground storage tank systems, up to a maximum of $2,000 per tank system;

(8) $250 per violation of rules adopted under section 116.49, relating to underground
storage tank system general operating requirements, up to a maximum of $2,000;

(9) $250 per violation of rules adopted under section 116.49, relating to underground
storage tank system release detection requirements, up to a maximum of $2,000;

(10) $50 per violation of rules adopted under section 116.49, relating to out-of-service
underground storage tank systems and closure, up to a maximum of $2,000;

(11) $50 per violation of sections 116.48 to 116.491 relating to underground storage
tank system notification, monitoring, environmental protection, and tank installers training
and certification requirements, up to a maximum of $2,000;

(12) $25 per gallon of oil or hazardous substance discharged which is not reported or
recovered under section 115.061, up to a maximum of $2,000;

(13) $1 per gallon of oil or hazardous substance being stored, transported, or otherwise
handled without the prevention or preparedness measures required under chapter 115E, up
to a maximum of $2,000;

(14) $250 per violation of Minnesota Rules, parts 7001.4200 to 7001.4300 or chapter
7151, related to aboveground storage tank systems, up to a maximum of $2,000;

(15) $250 per delivery made in violation of section 116.49, subdivision 3 or 4, levied
against:

(i) the retail location if vapor recovery equipment is not installed or maintained properly;

(ii) the carrier if the transport delivery vehicle is not equipped with vapor recovery
equipment; or

(iii) the driver for failure to use supplied vapor recovery equipment;

(16) $500 per violation of rules adopted under chapters 115 and 116 relating to failure
to comply with state subsurface sewage treatment system (SSTS) license requirements, up
to a maximum of $2,000;

(17) $500 per violation of rules adopted under chapters 115 and 116 relating to failure
to comply with SSTS surety bond requirements, up to a maximum of $2,000;

(18) $500 per violation of rules adopted under chapters 115 and 116 relating to failure
to provide control measures to prevent the pollution of underground waters from the discharge
of septage into the saturated or unsaturated zone, up to a maximum of $2,000;

(19) $500 per violation of rules adopted under chapters 115 and 116 or Code of Federal
Regulations, title 40, section 503, relating to failure to treat septage for pathogens and
vectors, up to a maximum of $2,000;

(20) $250 per violation of rules adopted under chapters 115 and 116 or Code of Federal
Regulations, title 40, section 503, relating to failure to produce records or maintain records,
up to a maximum of $2,000;

(21) $250 per violation of rules adopted under chapters 115 and 116 or Code of Federal
Regulations, title 40, section 503, relating to failure to submit as-built plans or compliance
inspection forms to the local governmental unit, up to a maximum of $2,000; deleted text begin and
deleted text end

(22) $500 per violation of rules adopted under chapters 115 and 116 relating to failure
to obtain required local permits, up to a maximum of $2,000 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (23) $50 per day under subdivision 1, paragraph (b), for each information item or report
requested for the first 30 days delinquent and $500 per day thereafter, up to a maximum of
$20,000 for each information item or report requested, until the commissioner determines
the request for information or report is complete.
new text end

Sec. 28.

Minnesota Statutes 2024, section 116.182, subdivision 5, is amended to read:

Subd. 5.

Rules.

new text begin (a) new text end The agency shall adopt rules for the administration of the financial
assistance program. For wastewater treatment projects, the rules must include:

(1) application requirements;

(2) criteria for the ranking of projects in order of priority based on factors including the
type of project and the degree of environmental impact, and scenic and wild river standards;
and

(3) criteria for determining essential project components.

new text begin (b) Notwithstanding any provision in Minnesota Rules, chapter 7077, to the contrary,
for purposes of Minnesota Rules, parts 7077.0117, 7077.0118, and 7077.0119, the
commissioner must assign 40 points if a municipality is proposing a project to address
emerging contaminants, as defined by the United States Environmental Protection Agency.
This paragraph expires June 30, 2030.
new text end

Sec. 29.

Minnesota Statutes 2024, section 116.92, subdivision 6, is amended to read:

Subd. 6.

Mercury thermometers prohibited.

(a) A manufacturer, wholesaler, or retailer
may not sell or distribute at no cost a thermometer containing mercury that was manufactured
after June 1, 2001.

(b) Paragraph (a) does not apply to an electronic thermometer with a battery containing
mercury if the battery is in compliance with deleted text begin section 325E.125 deleted text end new text begin subdivision 8l new text end .

(c) A manufacturer is in compliance with this subdivision if the manufacturer:

(1) has received an exclusion or exemption from a state that is a member of the Interstate
Mercury Education and Reduction Clearinghouse (IMERC) for replacement parts when no
alternative is available or for an application when no feasible alternative is available;

(2) submits a copy of the approved exclusion or exemption to the commissioner; and

(3) meets all of the requirements in the approved exclusion or exemption for the
manufacturer's activities within the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 30.

Minnesota Statutes 2024, section 116.92, is amended by adding a subdivision to
read:

new text begin Subd. 8l. new text end

new text begin Ban; mercury in batteries. new text end

new text begin A person may not sell, offer for sale, or distribute
in or into the state:
new text end

new text begin (1) an alkaline manganese battery that contains mercury that is not a button cell
nonrechargeable battery;
new text end

new text begin (2) a nonrechargeable button cell battery that contains more than 25 milligrams of
mercury; or
new text end

new text begin (3) a dry cell battery containing a mercuric oxide electrode.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 31.

Minnesota Statutes 2024, section 168.1295, subdivision 1, is amended to read:

Subdivision 1.

General requirements and procedures.

(a) The commissioner shall
issue state parks and trails plates to an applicant who:

(1) is a registered owner of a passenger automobile, recreational vehicle, one-ton pickup
truck, or motorcycle;

(2) pays a fee in the amount specified for special plates under section 168.12, subdivision
5;

(3) pays the registration tax required under section 168.013;

(4) pays the fees required under this chapter;

(5) contributes a minimum of deleted text begin $60 deleted text end new text begin $70 new text end annually to the state parks and trails donation
account established in section 85.056; and

(6) complies with this chapter and rules governing registration of motor vehicles and
licensing of drivers.

(b) The state parks and trails plate application must indicate that the contribution specified
under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the
applicant may make an additional contribution to the account.

(c) State parks and trails plates may be personalized according to section 168.12,
subdivision 2a.

Sec. 32.

Minnesota Statutes 2024, section 446A.07, subdivision 8, is amended to read:

Subd. 8.

Other uses of revolving fund.

(a) The clean water revolving fund may be used
as provided in title VI of the Federal Water Pollution Control Act, including the following
uses:

(1) to buy or refinance the debt obligation of governmental units for treatment works
where debt was incurred and construction begun after March 7, 1985, at or below market
rates;

(2) to guarantee or purchase insurance for local obligations to improve credit market
access or reduce interest rates;

(3) to provide a source of revenue or security for the payment of principal and interest
on revenue or general obligation bonds issued by the authority if the bond proceeds are
deposited in the fund;

(4) to provide loan guarantees, loans, or set-aside for similar revolving funds established
by a governmental unit other than state agencies, or state agencies under sections 17.117,
103F.725, subdivision 1a, and 116J.617;

(5) to earn interest on fund accounts; new text begin and
new text end

(6) to pay the reasonable costs incurred by the authority and the Pollution Control Agency
of administering the fund and conducting activities required under the Federal Water Pollution
Control Act, including water quality management planning under section 205(j) of the act
and water quality standards continuing planning under section 303(e) of the act deleted text begin ; deleted text end new text begin .
new text end

new text begin (b) The clean water revolving fund may be used to provide additional subsidization as
permitted under the federal Water Pollution Control Act and other federal law to provide
principal forgiveness or grants:
new text end

deleted text begin (7) to provide principal forgiveness or grants to the extent permitted under the Federal
Water Pollution Control Act and other federal law, deleted text end new text begin (1) new text end based on deleted text begin the deleted text end new text begin affordability new text end criteria
and requirements established for the deleted text begin wastewater deleted text end new text begin water new text end infrastructure funding program under
section 446A.072; deleted text begin and
deleted text end

deleted text begin (8) to provide loans, principal forgiveness, or grants to the extent permitted under the
Federal Water Pollution Control Act and other federal law deleted text end new text begin (2) for 25 percent of project costs
up to a maximum of $1,000,000 for projects new text end to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative activities deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) for 50 percent of project costs up to a maximum of $3,000,000 for projects that
address emerging contaminants as defined by the United States Environmental Protection
Agency.
new text end

deleted text begin (b) Amounts spent under paragraph (a), clause (6), may not exceed the amount allowed
under the Federal Water Pollution Control Act.
deleted text end

deleted text begin (c) Principal forgiveness or grants provided under paragraph (a), clause (8), may not
exceed 25 percent of the eligible project costs as determined by the Pollution Control Agency
for project components directly related to green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities, up to a maximum of
$1,000,000.
deleted text end

Sec. 33.

Minnesota Statutes 2024, section 473.167, is amended to read:

473.167 HIGHWAY PROJECTS new text begin ; REGIONAL PARKS AND TRAILS PROJECTS new text end .

Subd. 2.

Loans for acquisition.

(a) The council may make loans to counties, towns,
and statutory and home rule charter cities within the metropolitan area for the purchase of
property within the right-of-way of a state trunk highway shown on an official map adopted
pursuant to section 394.361 or 462.359 or for the purchase of property within the proposed
right-of-way of a principal or intermediate arterial highway designated by the council as a
part of the metropolitan highway system plan and approved by the council pursuant to
section 473.166. The loans deleted text begin shall deleted text end new text begin must new text end be made by the council, from the fund established
pursuant to this subdivision, for purchases approved by the council. The loans deleted text begin shall deleted text end bear
no interest.

new text begin (b) The council may make loans to regional parks implementing agencies as defined in
section 473.351, subdivision 1, paragraph (a), for the purchase of property within the
boundaries or corridors that are designated by the council as part of the regional recreation
open space system, as defined in section 473.351, subdivision 1, paragraph (d), and that are
approved by the council according to sections 473.147 and 473.313.The loans must be made
by the council, from the fund established pursuant to this subdivision, for purchases approved
by the council. The loans bear no interest.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The council shall make loans only:

(1) to accelerate the acquisition of primarily undeveloped property when there is a
reasonable probability that the property will increase in value before highway construction,
and to update an expired environmental impact statement on a project for which the
right-of-way is being purchased;

new text begin (2) to accelerate the acquisition of primarily undeveloped property when there is a
reasonable probability that the property will increase in value before it can be acquired for
regional recreation open space system purposes;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end to avert the imminent conversion or the granting of approvals deleted text begin which deleted text end new text begin that new text end would
allow the conversion of property to uses deleted text begin which deleted text end new text begin that new text end would jeopardize its availability for
highway construction;

new text begin (4) to avert the imminent conversion or the granting of approvals that would allow
development on the property that would jeopardize its availability or increase its costs for
regional recreation open space system purposes;
new text end

deleted text begin (3) deleted text end new text begin (5) new text end to advance planning and environmental activities on highest priority major
metropolitan river crossing projects, under the transportation development guide
chapter/policy plan; deleted text begin or
deleted text end

deleted text begin (4) deleted text end new text begin (6) new text end to take advantage of open market opportunities when developed properties become
available for sale, provided all parties involved are agreeable to the sale and funds are
available new text begin ; or
new text end

new text begin (7) to advance acquisition of property for the regional recreation open space system
when the time frame for completing acquisition for the regional park or trail, as defined in
the council's policy plan under section 473.147, may take many years before the property
is made available and open to the public new text end .

deleted text begin (c) deleted text end new text begin (d) new text end The council shall not make loans for the purchase of property at a price deleted text begin which deleted text end new text begin
that new text end exceeds the fair market value of the property or deleted text begin which deleted text end new text begin that new text end includes the costs of relocating
or moving persons or property. The eminent domain process may be used to settle differences
of opinion as to fair market value, provided all parties agree to the process.

deleted text begin (d) deleted text end new text begin (e) new text end A private property owner may elect to receive the purchase price either in a lump
sum or in not more than four annual installments without interest on the deferred installments.
If the purchase agreement provides for installment payments, the council shall make the
loan in installments corresponding to those in the purchase agreement.

new text begin (f) new text end The recipient of deleted text begin an deleted text end new text begin a highway new text end acquisition loan shall convey the property for the
construction of the highway at the same price deleted text begin which deleted text end new text begin that new text end the recipient paid for the property.
The price may include the costs of preparing environmental documents that were required
for the acquisition and that were paid for with money that the recipient received from the
loan fund. Upon notification by the council that the plan to construct the highway has been
abandoned or the anticipated location of the highway changed, the recipient deleted text begin shall sell deleted text end new text begin must
dispose of new text end the property deleted text begin at market value deleted text end in accordance with the new text begin council's new text end procedures deleted text begin required
for the disposition deleted text end new text begin for disposing new text end of the property. All rents and other money received because
of the recipient's ownership of the property and all proceeds from the conveyance or sale
of the property deleted text begin shall deleted text end new text begin must new text end be paid to the council. If a recipient is not permitted to include
in the conveyance price the cost of preparing environmental documents that were required
for the acquisition, then the recipient is not required to repay the council an amount equal
to 40 percent of the money received from the loan fund and spent in preparing the
environmental documents.

new text begin (g) For park conversions, upon approval of a boundary change to the regional recreation
open space system, as evidenced by the council's approval of the master plan or plan
amendment to make the boundary change under section 473.313, the loan recipient must
dispose of the property according to the council's procedures for disposing of the property.
Any remaining balance of unspent rents and other money received because of the recipient's
ownership of the property and all proceeds from the conveyance or sale of the property
must be paid to the council.
new text end

deleted text begin (e) deleted text end new text begin (h) new text end The proceeds of the tax authorized by subdivision 3, all money paid to the council
by recipients of loans, and all interest on the proceeds and payments deleted text begin shall deleted text end new text begin must new text end be maintained
as a separate fund. For administration of the loan program, the council may expend from
the fund each year an amount no greater than three percent of the amount of the proceeds
for that year.

Subd. 2a.

Loans for new text begin homestead new text end acquisition and relocation.

(a) The council may make
loans to acquiring authorities within the metropolitan area to purchase homestead property new text begin
for regional recreation open space system purposes according to section 473.351, subdivision
1, paragraph (d), that are approved by the council according to sections 473.147 and 473.313;
to purchase homestead property new text end located in a proposed state trunk highway right-of-way or
project deleted text begin , deleted text end new text begin ; new text end and to provide relocation assistance. Acquiring authorities are authorized to accept
the loans and to acquire the property. Except as provided in this subdivision, the loans deleted text begin shall deleted text end new text begin
must new text end be made as provided in subdivision 2. Loans deleted text begin shall deleted text end new text begin must new text end be in the amount of the fair
market value of the homestead property plus relocation costs and less salvage value. Before
construction of deleted text begin the deleted text end new text begin a new text end highway begins, the acquiring authority shall convey the property to
the commissioner of transportation at the same price it paid, plus relocation costs and less
its salvage value. Acquisition and assistance under this subdivision must conform to sections
117.50 to 117.56.

(b) The council may make loans new text begin for highway purposes new text end only when:

(1) the owner of affected homestead property requests acquisition and relocation
assistance from an acquiring authority;

(2) federal or state financial participation is not available;

(3) the owner is unable to sell the homestead property at its appraised market value
because the property is located in a proposed state trunk highway right-of-way or project
as indicated on an official map or plat adopted under section 160.085, 394.361, or 462.359;
and

(4) the council agrees to and approves the fair market value of the homestead property,
which approval deleted text begin shall deleted text end new text begin must new text end not be unreasonably withheld.

new text begin (c) The council may make loans for regional recreation open space system purposes
only when:
new text end

new text begin (1) the owner of affected homestead property requests acquisition and relocation
assistance from an implementing agency;
new text end

new text begin (2) funding from other sources is not available;
new text end

new text begin (3) property acquisition is in accordance with the council's policy plan and the
implementing agency's master plan approved by the council according to section 473.313;
and
new text end

new text begin (4) the council agrees to and approves the fair market value of the homestead property,
which approval must not be unreasonably withheld.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end For purposes of this subdivision, the following terms have the meanings given
them.

(1) "Acquiring authority" means counties, towns, and statutory and home rule charter
cities in the metropolitan area new text begin and implementing agencies as defined in section 473.351,
subdivision 1, paragraph (a) new text end .

(2) "Homestead property" means: (i) a single-family dwelling occupied by the owner,
and the surrounding land, not exceeding a total of ten acres; or (ii) a manufactured home,
as defined in section 327B.01, subdivision 13.

(3) "Salvage value" means the probable sale price of the dwelling and other property
that is severable from the land if offered for sale on the condition that it be removed from
the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge
of the possible uses of the property, including separate use of serviceable components and
scrap when there is no other reasonable prospect of sale.

Subd. 3.

Tax.

The council may levy a tax on all taxable property in the metropolitan
area, as defined in section 473.121, to provide funds for loans made pursuant to subdivisions
2 and 2a. This tax for the deleted text begin right-of-way deleted text end acquisition loan fund deleted text begin shall deleted text end new text begin must new text end be certified by the
council, levied, and collected in the manner provided by section 473.13. The tax deleted text begin shall be deleted text end new text begin is new text end
in addition to that authorized by section 473.249 and any other law and deleted text begin shall deleted text end new text begin does new text end not affect
the amount or rate of taxes deleted text begin which deleted text end new text begin that new text end may be levied by the council or any metropolitan
agency or local governmental unit. The amount of the levy deleted text begin shall be deleted text end new text begin is new text end as determined and
certified by the council deleted text begin , provided that the tax levied by the Metropolitan Council for the
right-of-way acquisition loan fund shall not exceed $2,828,379 for taxes payable in 2004
and $2,828,379 for taxes payable in 2005 deleted text end . The amount of the levy for taxes payable in 2006
and subsequent years deleted text begin shall deleted text end new text begin must new text end not exceed the product of (1) the Metropolitan Council's
property tax levy limitation under this subdivision for the previous year, multiplied by (2)
one plus a percentage equal to the growth in the implicit price deflator as defined in section
275.70, subdivision 2.

Subd. 4.

State review.

The commissioner of revenue deleted text begin shall deleted text end new text begin must new text end certify the council's
levy limitation under this section to the council by August 1 of the levy year. The council
must certify its proposed property tax levy to the commissioner of revenue by September
1 of the levy year. The commissioner of revenue deleted text begin shall deleted text end new text begin must new text end annually determine whether the
property tax for the deleted text begin right-of-way deleted text end acquisition loan fund certified by the Metropolitan Council
for levy following the adoption of its proposed budget is within the levy limitation imposed
by this section. The determination must be completed prior to September 10 of each year.
If current information regarding market valuation in any county is not transmitted to the
commissioner in a timely manner, the commissioner may estimate the current market
valuation within that county for purposes of making the calculation.

new text begin Subd. 6. new text end

new text begin Council procedures. new text end

new text begin The council must develop procedures for implementing
this section, including but not limited to uses of funds, property disposition, repayment, and
other loan terms.
new text end

new text begin EFFECTIVE DATE; APPLICABILITY. new text end

new text begin This act is effective July 1, 2025, and applies
in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 34.

Minnesota Statutes 2024, section 473.355, subdivision 2, is amended to read:

Subd. 2.

Grants.

(a) The Metropolitan Council must establish a grant program to provide
grants to cities, counties, townships, new text begin Tribal governments, new text end and implementing agencies for
the following purposes:

(1) removing and planting shade trees on public land to provide environmental benefits;

(2) replacing trees lost to forest pests, disease, or storms; and

(3) establishing a more diverse community forest better able to withstand disease and
forest pests.

(b) Any tree planted with money granted under this section must be a climate-adapted
species to Minnesota.

Sec. 35.

Minnesota Statutes 2024, section 473.5491, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have
the meanings given.

(b) "Affordability criteria" means an inflow and infiltration project deleted text begin service area that is
located, in whole or in part, in a census tract where at least three of the following apply as
determined using the most recently published data from the United States Census Bureau
or United States Centers for Disease Control and Prevention: deleted text end new text begin where any part of the
construction location falls within a census tract with a supplemental demographic index
score in the 70th percentile or higher within the state.
new text end

deleted text begin (1) 20 percent or more of the residents have income below the federal poverty thresholds;
deleted text end

deleted text begin (2) the tract has a United States Centers for Disease Control and Prevention Social
Vulnerability Index greater than 0.80;
deleted text end

deleted text begin (3) the upper limit of the lowest quintile of household income is less than the state upper
limit of the lowest quintile;
deleted text end

deleted text begin (4) the housing vacancy rate is greater than the state average; or
deleted text end

deleted text begin (5) the percent of the population receiving Supplemental Nutrition Assistance Program
(SNAP) benefits is greater than the state average.
deleted text end

new text begin (c) "Supplemental demographic index" means an index in the Environmental Justice
Screening and Mapping Tool developed by the United States Environmental Protection
Agency that is based on socioeconomic indicators, including low income, unemployment,
less than high school education, limited English speaking, and low life expectancy.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "City" means a statutory or home rule charter city located within the metropolitan
area.

Sec. 36.

Laws 2023, chapter 60, article 1, section 2, subdivision 2, is amended to read:

Subd. 2. Environmental Analysis and Outcomes

79,311,000

72,785,000

Appropriations by Fund
	2024	2025
General	60,103,000	53,047,000
Environmental	18,959,000	19,533,000
Remediation	249,000	205,000

(a) $122,000 the first year and $125,000 the
second year are from the general fund for:

(1) a municipal liaison to assist municipalities
in implementing and participating in the
rulemaking process for water quality standards
and navigating the NPDES/SDS permitting
process;

(2) enhanced economic analysis in the
rulemaking process for water quality
standards, including more-specific analysis
and identification of cost-effective permitting;

(3) developing statewide economic analyses
and templates to reduce the amount of
information and time required for
municipalities to apply for variances from
water quality standards; and

(4) coordinating with the Public Facilities
Authority to identify and advocate for the
resources needed for urban, suburban, and
Greater Minnesota municipalities to achieve
permit requirements.

(b) $216,000 the first year and $219,000 the
second year are from the environmental fund
for a monitoring program under Minnesota
Statutes, section 116.454.

(c) $132,000 the first year and $137,000 the
second year are for monitoring water quality
and operating assistance programs.

(d) $390,000 the first year and $399,000 the
second year are from the environmental fund
for monitoring ambient air for hazardous
pollutants.

(e) $106,000 the first year and $109,000 the
second year are from the environmental fund
for duties related to harmful chemicals in
children's products under Minnesota Statutes,
sections 116.9401 to 116.9407. Of this
amount, $68,000 the first year and $70,000
the second year are transferred to the
commissioner of health.

(f) $128,000 the first year and $132,000 the
second year are from the environmental fund
for registering wastewater laboratories.

(g) $1,492,000 the first year and $1,519,000
the second year are from the environmental
fund to continue perfluorochemical
biomonitoring in eastern metropolitan
communities, as recommended by the
Environmental Health Tracking and
Biomonitoring Advisory Panel, and to address
other environmental health risks, including air
quality. The communities must include Hmong
and other immigrant farming communities.
Of this amount, up to $1,226,000 the first year
and $1,248,000 the second year are for transfer
to the commissioner of health.

(h) $61,000 the first year and $62,000 the
second year are from the environmental fund
for the listing procedures for impaired waters
required under this act.

(i) $72,000 the first year and $74,000 the
second year are from the remediation fund for
the leaking underground storage tank program
to investigate, clean up, and prevent future
releases from underground petroleum storage
tanks and for the petroleum remediation
program for vapor assessment and
remediation. These same annual amounts are
transferred from the petroleum tank fund to
the remediation fund.

(j) $500,000 the first year is to facilitate the
collaboration and modeling of greenhouse gas
impacts, costs, and benefits of strategies to
reduce statewide greenhouse gas emissions.
This is a onetime appropriation.

(k) $50,266,000 the first year and $50,270,000
the second year are to establish and implement
a local government climate resiliency and
water infrastructure grant program for local
governmental units and Tribal governments.
Of this amount, $49,100,000 each year is for
grants to support communities in planning and
implementing projects that will allow for
adaptation for a changing climate. At least 40
percent of the money granted under this
paragraph must be for projects in areas that
meet environmental justice criteria. By
December 30, 2027, the commissioner must
submit a report on the use of grant money to
the chairs and ranking minority members of
the legislative committees with jurisdiction
over environment and natural resources
finance. This appropriation is available until
June 30, 2027. The base for this appropriation
in fiscal year 2026 and beyond is $270,000.

(l) $75,000 the first year is for a grant to the
city of Fergus Falls to address water-quality
concerns at Lake Alice.

(m) $150,000 the first year is for a grant to
Rice County to address water-quality concerns
at French Lake.

(n) $75,000 the first year is for a grant to
Ramsey County to address water-quality
concerns at Round Lake.

(o) Recipients of money appropriated in
paragraphs (l), (m), and (n) may use the grants
to contract for water-quality improvement
services, testing, necessary infrastructure,
training, and maintenance.

(p) $2,070,000 the first year and $2,070,000
the second year are from the environmental
fund to develop and implement a program
related to emerging issues, including
Minnesota's PFAS Blueprint.

(q) $1,820,000 the first year and $1,820,000
the second year are from the environmental
fund to support improved management of data
collected by the agency and its partners and
regulated parties to facilitate decision-making
and public access.

(r) $500,000 the first year is from the general
fund for the report on firefighter turnout gear
and biomonitoring required under this act. Of
this amount, up to deleted text begin $250,000 deleted text end new text begin $425,000 new text end may be
transferred to the commissioner of health for
biomonitoring of firefighters. new text begin This
appropriation is available until June 30, 2027.
new text end

(s) $500,000 the first year is to develop
protocols to be used by agencies and
departments for sampling and testing
groundwater, surface water, public drinking
water, and private wells for microplastics and
nanoplastics and to begin implementation. The
commissioner of the Pollution Control Agency
may transfer money appropriated under this
paragraph to the commissioners of agriculture,
natural resources, and health to implement the
protocols developed. This is a onetime
appropriation and is available until June 30,
2025.

(t) $50,000 the first year is from the
remediation fund for the work group on PFAS
manufacturer fees and report required under
this act.

(u) $387,000 the first year and $90,000 the
second year are to develop and implement the
requirements for fish kills under Minnesota
Statutes, sections 103G.216 and 103G.2165.
Of this amount, up to $331,000 the first year
and $90,000 the second year may be
transferred to the commissioners of health,
natural resources, agriculture, and public
safety and to the Board of Regents of the
University of Minnesota as necessary to
implement those sections. The base for this
appropriation for fiscal year 2026 and beyond
is $7,000.

(v) $63,000 the first year and $92,000 the
second year are for transfer to the
commissioner of health for amending the
health risk limit for PFOS. This is a onetime
appropriation and is available until June 30,
2026.

(w) $5,000,000 the first year is for community
air-monitoring grants as provided in this act.
This is a onetime appropriation and is
available until June 30, 2027.

(x) $2,333,000 the first year and $2,333,000
the second year are to adopt rules and
implement air toxics emissions requirements
under Minnesota Statutes, section 116.062.
The general fund appropriations are onetime
and are available until June 30, 2027. The base
for this appropriation is $0 in fiscal year 2026
and $1,400,000 from the environmental fund
in fiscal year 2027 and beyond.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2023.
new text end

Sec. 37.

Laws 2023, chapter 60, article 1, section 2, subdivision 7, is amended to read:

Subd. 7. Resource Management and Assistance

82,000,000

57,974,000

Appropriations by Fund
	2024	2025
General	38,464,000	13,850,000
Environmental	43,536,000	44,124,000

(a) Up to $150,000 the first year and $150,000
the second year may be transferred from the
environmental fund to the small business
environmental improvement loan account
under Minnesota Statutes, section 116.993.

(b) $1,000,000 the first year and $1,000,000
the second year are for competitive recycling
grants under Minnesota Statutes, section
115A.565. Of this amount, $300,000 the first
year and $300,000 the second year are from
the general fund, and $700,000 the first year
and $700,000 the second year are from the
environmental fund. This appropriation is
available until June 30, 2027.

(c) $694,000 the first year and $694,000 the
second year are from the environmental fund
for emission-reduction activities and grants to
small businesses and other
nonpoint-emission-reduction efforts. Of this
amount, $100,000 the first year and $100,000
the second year are to continue work with
Clean Air Minnesota, and the commissioner
may enter into an agreement with
Environmental Initiative to support this effort.

(d) $18,450,000 the first year and $18,450,000
the second year are from the environmental
fund for SCORE block grants to counties.

(e) $119,000 the first year and $119,000 the
second year are from the environmental fund
for environmental assistance grants or loans
under Minnesota Statutes, section 115A.0716.

(f) $400,000 the first year and $400,000 the
second year are from the environmental fund
for grants to develop and expand recycling
markets for Minnesota businesses. This
appropriation is available until June 30, 2027.

(g) $767,000 the first year and $770,000 the
second year are from the environmental fund
for reducing and diverting food waste,
redirecting edible food for consumption, and
removing barriers to collecting and recovering
organic waste. Of this amount, $500,000 each
year is for grants to increase food rescue and
waste prevention. This appropriation is
available until June 30, 2027.

(h) $2,797,000 the first year and $2,811,000
the second year are from the environmental
fund for the purposes of Minnesota Statutes,
section 473.844.

(i) $318,000 the first year and $324,000 the
second year are from the environmental fund
to address chemicals in products, including to
implement and enforce flame retardant
provisions under Minnesota Statutes, section
325F.071, and perfluoroalkyl and
polyfluoroalkyl substances in food packaging
provisions under Minnesota Statutes, section
325F.075. Of this amount, $78,000 the first
year and $80,000 the second year are
transferred to the commissioner of health.

(j) $180,000 the first year and $140,000 the
second year are for quantifying climate-related
impacts from projects for environmental
review. This is a onetime appropriation. This
appropriation is available until June 30, 2026.

(k) $1,790,000 the first year and $70,000 the
second year are for accelerating pollution
prevention at small businesses. Of this amount,
$1,720,000 the first year is new text begin for transfer to the
environmental fund new text end for zero-interest loans new text begin
under Minnesota Statutes, section 116.993, new text end to
phase out high-polluting equipment, products,
and processes and replace with new options.
This appropriation is available until June 30,
2027. This is a onetime appropriation.

(l) $190,000 the first year and $190,000 the
second year are to support the Greenstep Cities
program. This is a onetime appropriation. This
appropriation is available until June 30, 2026.

(m) $420,000 the first year is to complete a
study on the viability of recycling solar energy
equipment. This is a onetime appropriation
and is available until June 30, 2026.

(n) $650,000 the first year and $650,000 the
second year are from the environmental fund
for Minnesota GreenCorps investment.

(o) $4,210,000 the first year and $210,000 the
second year are for PFAS reduction grants.
Of this amount, $4,000,000 the first year is
for grants to industry and public entities to
identify sources of PFAS entering facilities
and to develop pollution prevention and
reduction initiatives to reduce PFAS entering
facilities, prevent releases, and monitor the
effectiveness of these projects. Priority must
be given to projects in underserved
communities. This is a onetime appropriation
and is available until June 30, 2027.

(p) $12,940,000 the first year and $12,940,000
the second year are for a waste prevention and
reduction grants and loan program. This is a
onetime appropriation and is available until
June 30, 2027. Of this amount in the first year,
$7,950,000 is for waste prevention and
reduction grants and loans and $3,000,000 is
for a grant to the owner of a biomass energy
generation plant in Shakopee that uses waste
heat from the generation of electricity in the
malting process to purchase a wood dehydrator
to facilitate disposal of wood that is infested
by the emerald ash borer. Of this amount in
the second year, $10,950,000 is for waste
prevention and reduction grants and loans new text begin ,
including $1,000,000 for transfer to the
environmental fund for the purposes of
Minnesota Statutes, section 115A.0716 new text end . By
October 1, 2024, the commissioner of the
Pollution Control Agency must report to the
chairs and ranking minority members of the
legislative committees and divisions with
jurisdiction over environment and natural
resources on the use of money appropriated
for the wood dehydrator under this paragraph.

(q) $16,562,000 the first year is for grants to
a Minnesota nonprofit corporation that owns
a cogeneration facility that serves a St. Paul
district heating and cooling system to preserve
existing biomass energy infrastructure for
purposes of local and regional emerald ash
borer response efforts. The commissioner of
the Pollution Control Agency may require the
nonprofit corporation to charge a fee per ton
of wood waste delivered to the facility. This
is a onetime appropriation and is available
until June 30, 2030.

(r) $1,163,000 the first year and $1,115,000
the second year are from the environmental
fund for rulemaking and implementation of
the new PFAS requirements under Minnesota
Statutes, section 116.943. Of this amount,
$312,000 the first year and $468,000 the
second year are for transfer to the
commissioner of health.

(s) $680,000 the first year is for the resource
management report required in this act. This
is a onetime appropriation and is available
until June 30, 2026.

(t) $35,000 the second year is from the
environmental fund for the compostable
labeling requirements under Minnesota
Statutes, section 325E.046. The base for this
appropriation in fiscal year 2026 and beyond
is $68,000 from the environmental fund.

(u) $175,000 the first year is for the
rulemaking required under this act providing
for the safe and lawful disposal of waste
treated seed. This appropriation is available
until June 30, 2025.

(v) $1,000,000 the first year is for a lead tackle
reduction program that provides outreach,
education, and opportunities to safely dispose
of and exchange lead tackle throughout the
state. This is a onetime appropriation and is
available until June 30, 2027.

(w) $17,000 the first year is for rulemaking
for the capital assistance program. This is a
onetime appropriation.

(x) Any unencumbered grant and loan
balances in the first year do not cancel but are
available for grants and loans in the second
year. Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2025, as
contracts or grants for environmental
assistance awarded under Minnesota Statutes,
section 115A.0716; technical and research
assistance under Minnesota Statutes, section
115A.152; technical assistance under
Minnesota Statutes, section 115A.52; and
pollution prevention assistance under
Minnesota Statutes, section 115D.04, are
available until June 30, 2027.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2023.
new text end

Sec. 38. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, and 20; 115A.1312; 115A.1314; 115A.1316;
115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328;
115A.1330; 115A.9155; 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, 8, and 9; 115A.961,
subdivisions 1, 2, and 3; 325E.125; and 325E.1251, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-02506

115A.1310 DEFINITIONS.

Subdivision 1.

Scope.

For the purposes of sections 115A.1310 to 115A.1330, the following terms have the meanings given.

Subd. 2.

Cathode-ray tube or CRT.

"Cathode-ray tube" or "CRT" means a vacuum tube or picture tube used to convert an electronic signal into a visual image.

Subd. 3.

Collection.

"Collection" means the aggregation of covered electronic devices from households and includes all the activities up to the time the covered electronic devices are delivered to a recycler.

Subd. 4.

Collector.

"Collector" means a public or private entity that receives covered electronic devices from households and arranges for the delivery of the devices to a recycler.

Subd. 5.

Computer.

"Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, but does not include an automated typewriter or typesetter, a portable handheld calculator or device, or other similar device.

Subd. 6.

Computer monitor.

"Computer monitor" means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a central processing unit or the Internet.

Subd. 7.

Covered electronic device.

"Covered electronic device" means computers, including tablet computers and laptop computers, peripherals, facsimile machines, DVD players, video cassette recorders, and video display devices that are sold to a household by means of retail, wholesale, or electronic commerce.

Subd. 8.

Department.

"Department" means the Department of Revenue.

Subd. 9.

Dwelling unit.

"Dwelling unit" has the meaning given in section 238.02, subdivision 21a.

Subd. 10.

Household.

"Household" means an occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit located in this state who has used a video display device at a dwelling unit primarily for personal use.

Subd. 11.

Manufacturer.

"Manufacturer" means a person who:

(1) manufactures video display devices to be sold under its own brand as identified by its own brand label; or

(2) sells video display devices manufactured by others under its own brand as identified by its own brand label.

Subd. 12.

Peripheral.

"Peripheral" means a keyboard, printer, or any other device sold exclusively for external use with a computer that provides input or output into or from a computer.

Subd. 12a.

Phase I recycling credits.

"Phase I recycling credits" means the number of pounds of covered electronic devices recycled by a manufacturer from households during program years one through nine, less the product of the number of pounds of video display devices sold to households during the same program year, multiplied by the proportion of sales a manufacturer is required to recycle.

Subd. 12b.

Phase II recycling credits.

"Phase II recycling credits" means an amount calculated in a program year beginning July 1, 2019, and in each program year thereafter, according to the formula (1.5 x A) - (B - C), where:

A = the number of pounds of covered electronic devices a manufacturer recycled or arranged to have collected and recycled during a program year from households located outside the 11-county metropolitan area, as defined in section 115A.1314, subdivision 2;

B = the manufacturer's recycling obligation calculated for the same program year in section 115A.1320, subdivision 1, paragraph (g); and

C = the number of pounds of covered electronic devices a manufacturer recycled or arranged to have collected and recycled, up to but not exceeding B, during the same program year from households in the 11-county metropolitan area.

Subd. 12c.

Portable battery.

"Portable battery" means a rechargeable battery as defined in section 115A.9157.

Subd. 13.

Program year.

"Program year" means the period from July 1 through June 30.

Subd. 14.

Recycler.

"Recycler" means a public or private individual or entity who accepts covered electronic devices from households and collectors for the purpose of recycling. A manufacturer who takes products for refurbishment or repair is not a recycler.

Subd. 15.

Recycling.

"Recycling" means the process of collecting and preparing video display devices or covered electronic devices for use in manufacturing processes or for recovery of usable materials followed by delivery of such materials for use. Recycling does not include the destruction by incineration or other process or land disposal of recyclable materials nor reuse, repair, or any other process through which video display devices or covered electronic devices are returned to use for households in their original form.

Subd. 17.

Retailer.

"Retailer" means a person who sells, rents, or leases, through sales outlets, catalogs, or the Internet, a video display device to a household and not for resale in any form.

Subd. 18.

Sell or sale.

"Sell" or "sale" means any transfer for consideration of title or of the right to use, by lease or sales contract, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet, or any other similar electronic means either inside or outside of the state, by a person who conducts the transaction and controls the delivery of a video display device to a consumer in the state, but does not include a manufacturer's or distributor's wholesale transaction with a distributor or a retailer.

Subd. 19.

Television.

"Television" means an electronic device that is a cathode-ray tube or flat panel display primarily intended to receive video programming via broadcast, cable, or satellite transmission or video from surveillance or other similar cameras.

Subd. 20.

Video display device.

"Video display device" means a television or computer monitor that contains a cathode-ray tube or a flat panel screen that is marketed by manufacturers for use by households. Video display device does not include any of the following:

(1) a video display device that is part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;

(2) a video display device, including a touch-screen display, that is functionally or physically part of a larger piece of equipment or is designed and intended for use in an industrial; commercial, including retail; library checkout; traffic control; kiosk; security, other than household security; border control; or medical setting, including diagnostic, monitoring, or control equipment;

(3) a video display device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or

(4) a telephone of any type.

115A.1312 REGISTRATION PROGRAM.

Subdivision 1.

Requirements for sale.

(a) On or after September 1, 2007, a manufacturer must not sell or offer for sale or deliver to retailers for subsequent sale a new video display device unless:

(1) the video display device is labeled with the manufacturer's brand, which label is permanently affixed and readily visible; and

(2) the manufacturer has filed a registration with the agency, as specified in subdivision 2.

(b) A retailer must not sell, offer for sale, rent, or lease a video display device unless the video display device is labeled according to this subdivision and listed as registered on the agency website according to subdivision 2.

(c) A retailer is not responsible for an unlawful sale under this subdivision if the manufacturer's registration expired or was revoked and the retailer took possession of the video display device prior to the expiration or revocation of the manufacturer's registration and the unlawful sale occurred within six months after the expiration or revocation.

Subd. 2.

Manufacturer registration.

(a) By August 15 each year, a manufacturer of video display devices sold or offered for sale to households in the state must submit a registration to the agency that includes:

(1) a list of the manufacturer's brands of video display devices offered for sale in this state;

(2) the name, address, and contact information of a person responsible for ensuring compliance with this chapter; and

(3) a certification that the manufacturer has complied and will continue to comply with the requirements of sections 115A.1312 to 115A.1318.

(b) A manufacturer of video display devices sold or offered for sale to a household must include in the registration submitted under paragraph (a), a statement disclosing whether:

(1) any video display devices sold to households exceed the maximum concentration values established for lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB's), and polybrominated diphenyl ethers (PBDE's) under the RoHS (restricting the use of certain hazardous substances in electrical and electronic equipment) Directive 2002/95/EC of the European Parliament and Council and any amendments thereto; or

(2) the manufacturer has received an exemption from one or more of those maximum concentration values under the RoHS Directive that has been approved and published by the European Commission.

(c) A manufacturer who begins to sell or offer for sale video display devices to households after August 15, 2016, and has not filed a registration under this subdivision must submit a registration to the agency within ten days of beginning to sell or offer for sale video display devices to households.

(d) A registration must be updated within ten days after a change in the manufacturer's brands of video display devices sold or offered for sale to households.

(e) A registration is effective upon receipt by the agency and is valid until August 15 each year.

(f) The agency must review each registration and notify the manufacturer of any information required by this section that is omitted from the registration. Within 30 days of receipt of a notification from the agency, the manufacturer must submit a revised registration providing the information noted by the agency.

(g) The agency must maintain on its website the names of manufacturers and the manufacturers' brands listed in registrations filed with the agency. The agency must update the website information promptly upon receipt of a new or updated registration. The website must contain prominent language stating, in effect, that sections 115A.1310 to 115A.1330 are directed at household equipment and the manufacturers' brands list is, therefore, not a list of manufacturers qualified to sell to industrial, commercial, or other markets identified as exempt from the requirements of sections 115A.1310 to 115A.1330.

Subd. 3.

Collector registration.

No person may operate as a collector of covered electronic devices from households unless that person has submitted a registration with the agency by July 15 each year on a form prescribed by the commissioner. Registration information must include the name, address, telephone number, and location of the business and a certification that the collector has complied and will continue to comply with the requirements of sections 115A.1312 to 115A.1318 and any regulations adopted by a local government unit for the jurisdiction in which the collector operates. A collector must indicate any end-of-life fees that will be charged at the collection point. A registration is effective upon receipt by the agency and is valid until July 15 each year.

Subd. 4.

Recycler registration.

No person may recycle video display devices generated by households unless that person has submitted a registration with the agency by July 15 each year on a form prescribed by the commissioner. Registration information must include the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler that may receive covered electronic devices from households and a certification that the recycler has complied and will continue to comply with the requirements of sections 115A.1312 to 115A.1318. A registered recycler must conduct recycling activities that are consistent with this chapter. A registration is effective upon receipt by the agency and is valid until July 15 each year.

115A.1314 MANUFACTURER REGISTRATION FEE.

Subdivision 1.

Registration fee.

(a) Each manufacturer who registers under section 115A.1312 must, by August 15 each year, pay to the commissioner of revenue an annual registration fee, on a form and in a manner prescribed by the commissioner of revenue. The commissioner of revenue must deposit the fee in the state treasury and credit the fee to the environmental fund.

(b) The registration fee for manufacturers that sell 100 or more video display devices to households in the state during the previous calendar year is $2,500, plus a variable recycling fee. The registration fee for manufacturers that sell fewer than 100 video display devices in the state during the previous calendar year is a variable recycling fee. The variable recycling fee is calculated according to the formula:

[A - (B + C)] x D, where:

A = the manufacturer's recycling obligation as determined under section 115A.1320;

B = the number of pounds of covered electronic devices that a manufacturer recycled or arranged to have collected and recycled from households during the immediately preceding program year, as reported under section 115A.1316, subdivision 1;

C = the number of phase I or phase II recycling credits a manufacturer elects to use to calculate the variable recycling fee; and

D = the estimated per-pound cost of recycling, initially set at $0.50 per pound for manufacturers who recycle less than 50 percent of the manufacturer's recycling obligation; $0.40 per pound for manufacturers who recycle at least 50 percent but less than 90 percent of the manufacturer's recycling obligation; $0.30 per pound for manufacturers who recycle at least 90 percent but less than 100 percent of the manufacturer's recycling obligation; and $0.00 per pound for manufacturers who recycle 100 percent or more of the manufacturer's recycling obligation.

(c) A manufacturer may petition the agency to waive the per-pound cost of recycling fee, element D in the formula in paragraph (b), required under this section. The agency shall direct the commissioner of revenue to waive the per-pound cost of recycling fee if the manufacturer demonstrates to the agency's satisfaction a good faith effort to meet its recycling obligation as determined under section 115A.1320. The petition must include:

(1) documentation that the manufacturer has met at least 75 percent of its recycling obligation as determined under section 115A.1320;

(2) a list of political subdivisions and public and private collectors with whom the manufacturer had a formal contract or agreement in effect during the previous program year to recycle or collect covered electronic devices;

(3) the total amounts of covered electronic devices collected from both within and outside of the 11-county metropolitan area, as defined in subdivision 2;

(4) a description of the manufacturer's best efforts to meet its recycling obligation as determined under section 115A.1320; and

(5) any other information requested by the agency.

(d) A manufacturer may retain phase I and phase II recycling credits to be added, in whole or in part, to the actual value of C, as reported under section 115A.1316, subdivision 2, during any succeeding program year, provided that no more than 25 percent of a manufacturer's recycling obligation A for any program year may be met with phase I and phase II recycling credits, separately or in combination, generated in a prior program year. A manufacturer may sell any portion or all of its phase I and phase II recycling credits to another manufacturer, at a price negotiated by the parties, who may use the credits in the same manner.

(e) For the purpose of determining B in calculating a manufacturer's variable recycling fee using the formula under paragraph (b), starting with the program year beginning July 1, 2019, and continuing each year thereafter, the weight of covered electronic devices that a manufacturer recycled or arranged to have collected and recycled from households located outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (b), is calculated at 1.5 times their actual weight.

Subd. 2.

Use of registration fees.

(a) Registration fees may be used by the commissioner for:

(1) implementing sections 115A.1312 to 115A.1330, including transfer to the commissioner of revenue to carry out the department's duties under section 115A.1320, subdivision 2, and transfer to the commissioner of administration for responsibilities under section 115A.1324; and

(2) grants to counties outside the 11-county metropolitan area, as defined in paragraph (b), and to private entities that collect for recycling covered electronic devices in counties outside the 11-county metropolitan area, where the collection and recycling is consistent with the respective county's solid waste plan, for the purpose of carrying out the activities under sections 115A.1312 to 115A.1330. In awarding competitive grants under this clause, the commissioner must give preference to counties and private entities that are working cooperatively with manufacturers to help them meet their recycling obligations under section 115A.1318, subdivision 1.

(b) The 11-county metropolitan area consists of the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.

115A.1316 REPORTING REQUIREMENTS.

Subdivision 1.

Manufacturer reporting requirements.

(a) By March 1 each year, each manufacturer must report to the agency using the form prescribed:

(1) the total weight of each specific model of its video display devices sold to households during the previous calendar year; and

(2) either:

(i) the total weight of its video display devices sold to households during the previous calendar year; or

(ii) an estimate of the total weight of its video display devices sold to households during the previous calendar year, calculated by multiplying the weight of its video display devices sold nationally times the quotient of Minnesota's population divided by the national population. All manufacturers with sales of 99 or fewer video display devices to households in the state during the previous calendar year must report using the method under this item for calculating sales.

A manufacturer must submit with the report required under this paragraph a description of how the information or estimate was calculated.

(b) By August 15 each year, each manufacturer must report to the agency:

(1) the total weight of covered electronic devices the manufacturer collected from households and recycled or arranged to have collected and recycled during the preceding program year;

(2) the number of phase I and phase II recycling credits the manufacturer has purchased and sold during the preceding program year;

(3) the number of phase I and phase II recycling credits possessed by the manufacturer that the manufacturer elects to use in the calculation of its variable recycling fee under section 115A.1314, subdivision 1; and

(4) the number of phase I and phase II recycling credits the manufacturer retains at the beginning of the current program year.

(c) Upon request of the commissioner of revenue, the agency shall provide a copy of each report to the commissioner of revenue.

Subd. 2.

Recycler reporting requirements.

(a) By July 15 each year, a recycler of covered electronic devices must report to the agency:

(1) the total weight of covered electronic devices recycled during the preceding program year and must certify that the recycler has complied with section 115A.1318, subdivision 2;

(2) the weight of video display devices recycled as part of covered electronic devices recycled during the previous program year; and

(3) an estimate of the weight of portable batteries and any mercury-containing lamps that are associated with the covered electronic devices managed.

(b) Upon request of the commissioner of revenue, the agency shall provide a copy of each report to the commissioner of revenue.

Subd. 3.

Collector reporting requirements.

By July 15 each year, a collector must report separately to the agency using the form prescribed by the commissioner:

(1) the total pounds of covered electronic devices collected in the state;

(2) a list of all recyclers to whom collectors delivered covered electronic devices; and

(3) whether the collector had a contract with a recycler or manufacturer to provide pounds toward meeting a manufacturer's obligation.

115A.1318 RESPONSIBILITIES.

Subdivision 1.

Manufacturer responsibilities.

(a) In addition to fulfilling the requirements of sections 115A.1310 to 115A.1330, a manufacturer must comply with paragraphs (b) to (f).

(b) A manufacturer must annually recycle or arrange for the collection and recycling of an amount of video display devices as determined by the agency in section 115A.1320, subdivision 1. A manufacturer must assume all financial responsibility associated with transporting and recycling covered electronic devices that are used to meet the manufacturer's recycling obligation determined under section 115A.1320 or that are counted as phase I or II recycling credits, including any necessary supplies. This excludes costs that are associated with receiving and aggregating covered electronic devices from households and all the activities up to the time that covered electronic devices are loaded for transport to a recycler or arranged for transportation to a recycler.

(c) The obligations of a manufacturer apply only to video display devices received from households and do not apply to video display devices received from sources other than households.

(d) A manufacturer must conduct and document due diligence assessments of collectors and recyclers it contracts with, including an assessment of items specified under subdivision 2. A manufacturer is responsible for maintaining, for a period of three years, documentation that all covered electronic devices recycled, partially recycled, or sent to downstream recycling operations comply with the requirements of subdivision 2.

(e) A manufacturer must provide the agency with contact information for a person who can be contacted regarding the manufacturer's activities under sections 115A.1310 to 115A.1320.

(f) Only the covered electronic devices that are recycled by a registered recycler that is certified by an ANSI-ASQ National Accreditation Board-accredited third-party certification body to an environmentally sound management standard are eligible to meet the manufacturer's obligation.

Subd. 1a.

Collector responsibilities.

(a) Collection sites must be:

(1) staffed; and

(2) open to the public at a frequency adequate to meet the needs of the area being served.

(b) A collector may limit the number of covered electronic devices or covered electronic devices by product type accepted per customer per day or per delivery at a collection site or service.

(c) A collector must use only registered recyclers.

Subd. 2.

Recycler responsibilities.

(a) As part of the report submitted under section 115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph (b), that facilities that recycle covered electronic devices, including all downstream recycling operations:

(1) use only registered collectors;

(2) comply with all applicable health, environmental, safety, and financial responsibility regulations;

(3) are licensed by all applicable governmental authorities;

(4) use no prison labor to recycle video display devices;

(5) possess liability insurance of not less than $1,000,000 for environmental releases, accidents, and other emergencies;

(6) provide a report annually to each registered collector regarding the video display devices received from that entity; and

(7) do not charge collectors for transporting, recycling, or any necessary supplies related to transporting or recycling covered electronic devices that meet a manufacturer's recycling obligation as determined under section 115A.1320, unless otherwise mutually agreed upon.

(b) A nonprofit corporation that contracts with a correctional institution to refurbish and reuse donated computers in schools is exempt from paragraph (a), clauses (4) and (5).

(c) Except to the extent otherwise required by law and unless agreed upon otherwise by the recycler or manufacturer, a recycler has no responsibility for any data that may be contained in a covered electronic device if an information storage device is included in the covered electronic device.

Subd. 3.

Retailer responsibilities.

A retailer who sells new video display devices shall provide information to households describing where and how they may recycle video display devices and advising them of opportunities and locations for the convenient collection of video display devices for the purpose of recycling. This requirement may be met by providing to households the agency's toll-free number and website address. Retailers selling through catalogs or the Internet may meet this requirement by including the information in a prominent location on the retailer's website.

115A.1320 AGENCY AND DEPARTMENT DUTIES.

Subdivision 1.

Duties of agency.

(a) The agency shall administer sections 115A.1310 to 115A.1330.

(b) The agency shall establish procedures for:

(1) receipt and maintenance of the registration statements and certifications filed with the agency under section 115A.1312; and

(2) making the statements and certifications easily available to manufacturers, retailers, and members of the public.

(c) The agency shall annually review the following variables that are used to calculate a manufacturer's annual registration fee under section 115A.1314, subdivision 1:

(1) the obligation-setting mechanism for manufacturers as specified under paragraph (g);

(2) the estimated per-pound price of recycling covered electronic devices sold to households; and

(3) the base registration fee.

(d) If the agency determines that any of these values must be changed in order to improve the efficiency or effectiveness of the activities regulated under sections 115A.1312 to 115A.1330, or if the revenues exceed the amount that the agency determines is necessary, the agency shall submit recommended changes and the reasons for them to the chairs of the senate and house of representatives committees with jurisdiction over solid waste policy.

(e) By May 1 each year, the agency shall publish a statewide recycling goal for all video display device waste that is the weight of all video display devices collected for recycling during each of the three most recently completed program years, excluding the most recently concluded program year, divided by two.

(f) By May 1 each year, the agency shall determine each registered manufacturer's market share of video display devices to be collected and recycled based on the manufacturer's percentage share of the total weight of video display devices sold as reported to the agency under section 115A.1316, subdivision 1.

(g) By May 1 each year, the agency shall provide each manufacturer with a determination of the manufacturer's share of video display devices to be collected and recycled. A manufacturer's market share of video display devices as specified in paragraph (f) is applied proportionally to the statewide recycling goal as specified in paragraph (e) to determine an individual manufacturer's recycling obligation. Upon request by the commissioner of revenue, the agency must provide the information submitted to manufacturers under this paragraph to the commissioner of revenue.

(h) The agency shall provide a report to the governor and the legislature on the implementation of sections 115A.1310 to 115A.1330. For each program year, the report must discuss the total weight of covered electronic devices recycled and a summary of information in the reports submitted by manufacturers and recyclers under section 115A.1316. The report must also discuss the various collection programs used by manufacturers to collect covered electronic devices; information regarding covered electronic devices that are being collected by persons other than registered manufacturers, collectors, and recyclers; and information about covered electronic devices, if any, being disposed of in landfills in this state. The report must examine which covered electronic devices, based on economic and environmental considerations, should be subject to the obligation-setting mechanism under paragraph (g). The report must include a description of enforcement actions under sections 115A.1310 to 115A.1330. The agency may include in its report other information received by the agency regarding the implementation of sections 115A.1312 to 115A.1330. The report must be done in conjunction with the report required under section 115A.121.

(i) The agency shall promote public participation in the activities regulated under sections 115A.1312 to 115A.1330 through public education and outreach efforts.

(j) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those provisions enforced by the department, as provided in subdivision 2. The agency may revoke a registration of a collector or recycler found to have violated sections 115A.1310 to 115A.1330.

(k) The agency shall facilitate communication between counties, collection and recycling centers, and manufacturers to ensure that manufacturers are aware of video display devices available for recycling.

(l) The agency shall post on its website the contact information provided by each manufacturer under section 115A.1318, subdivision 1, paragraph (e).

Subd. 2.

Additional duties.

(a) The agency must collect the data submitted to it annually by each manufacturer on the total weight of each specific model of video display device sold to households, if provided; the total weight of video display devices sold to households; the total weight of covered electronic devices collected from households that are recycled; and data on phase I and phase II recycling credits, as required under section 115A.1316. The department must use this data to review each manufacturer's annual registration fee submitted to the department to ensure that the fee was calculated accurately.

(b) The agency must estimate, for each registered manufacturer, the sales of video display devices to households during the previous program year, based on:

(1) data provided by a manufacturer on sales of video display devices to households, including documentation describing how that amount was calculated and certification that the amount is accurate; or

(2) if a manufacturer does not provide the data specified in clause (1), national data on sales of video display devices.

The department must use the data specified in this subdivision to review each manufacturer's annual registration fee submitted to the department to ensure that the fee was calculated accurately according to the formula in section 115A.1314, subdivision 1.

(c) The department must enforce section 115A.1314, subdivision 1. The audit, assessment, appeal, collection, enforcement, disclosure, and other administrative provisions of chapters 270B, 270C, and 289A that apply to the taxes imposed under chapter 297A apply to the fee imposed under section 115A.1314, subdivision 1. To enforce section 115A.1314, subdivision 1, the commissioner of revenue may grant extensions to pay, and impose and abate penalties and interest on, the fee due under section 115A.1314, subdivision 1, in the manner provided in chapters 270C and 289A as if the fee were a tax imposed under chapter 297A.

(d) The department may disclose nonpublic data to the agency only when necessary for the efficient and effective administration of the activities regulated under sections 115A.1310 to 115A.1330. Any data disclosed by the department to the agency retains the classification it had when in the possession of the department.

115A.1322 OTHER RECYCLING PROGRAMS.

A city, county, or other public agency may not require households to use public facilities to recycle their covered electronic devices to the exclusion of other lawful programs available. Cities, counties, and other public agencies, including those awarded contracts by the agency under section 115A.1314, subdivision 2, are encouraged to work with manufacturers to assist them in meeting their recycling obligations under section 115A.1318, subdivision 1. Nothing in sections 115A.1310 to 115A.1330 prohibits or restricts the operation of any program recycling covered electronic devices in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or recycling covered electronic devices, provided that those persons are registered under section 115A.1312.

115A.1323 ANTICOMPETITIVE CONDUCT.

(a) A manufacturer that organizes collection or recycling under sections 115A.1310 to 115A.1322 is authorized to engage in anticompetitive conduct to the extent necessary to plan and implement its chosen organized collection or recycling system and is immune from liability under state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.

(b) An organization of manufacturers, an individual manufacturer, and its officers, members, employees, and agents who cooperate with a political subdivision that organizes collection or recycling under this section are authorized to engage in anticompetitive conduct to the extent necessary to plan and implement the organized collection or recycling system, provided that the political subdivision actively supervises the participation of each entity. An organization, entity, or person covered by this paragraph is immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.

115A.1324 REQUIREMENTS FOR PURCHASES BY STATE AGENCIES.

(a) The Department of Administration must ensure that acquisitions of video display devices under chapter 16C are in compliance with or not subject to sections 115A.1310 to 115A.1318.

(b) The solicitation documents must specify that the prospective responder is required to cooperate fully in providing reasonable access to its records and documents that evidence compliance with paragraph (a) and sections 115A.1310 to 115A.1318.

(c) Any person awarded a contract under chapter 16C for purchase or lease of video display devices that is found to be in violation of paragraph (a) or sections 115A.1310 to 115A.1318 is subject to the following sanctions:

(1) the contract must be voided if the commissioner of administration determines that the potential adverse impact to the state is exceeded by the benefit obtained from voiding the contract;

(2) the contractor is subject to suspension and disbarment under Minnesota Rules, part 1230.1150; and

(3) if the attorney general establishes that any money, property, or benefit was obtained by a contractor as a result of violating paragraph (a) or sections 115A.1310 to 115A.1318, the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit.

115A.1326 REGULATING VIDEO DISPLAY DEVICES.

If the United States Environmental Protection Agency adopts regulations under the Resource Conservation and Recovery Act regarding the handling, storage, or treatment of any type of video display device being recycled, those regulations are automatically effective in this state on the same date and supersede any rules previously adopted by the agency regarding the handling, storage, or treatment of all video display devices being recycled.

115A.1328 MULTISTATE IMPLEMENTATION.

The agency and department are authorized to participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.

115A.1330 LIMITATIONS.

Sections 115A.1310 to 115A.1330 expire if a federal law, or combination of federal laws, take effect that is applicable to all video display devices sold in the United States and establish a program for the collection and recycling or reuse of video display devices that is applicable to all video display devices discarded by households.

115A.9155 DISPOSING OF CERTAIN DRY CELL BATTERIES.

Subdivision 1.

Prohibition.

A person may not place in mixed municipal solid waste a dry cell battery containing mercuric oxide electrode, silver oxide electrode, nickel-cadmium, or sealed lead-acid that was purchased for use or used by a government agency, or an industrial, communications, or medical facility.

Subd. 2.

Manufacturer responsibility.

(a) A manufacturer of batteries subject to subdivision 1 shall:

(1) ensure that a system for the proper collection, transportation, and processing of waste batteries exists for purchasers in Minnesota; and

(2) clearly inform each final purchaser of the prohibition on disposal of waste batteries and of the system or systems for proper collection, transportation, and processing of waste batteries available to the purchaser.

(b) To ensure that a system for the proper collection, transportation, and processing of waste batteries exists, a manufacturer shall:

(1) identify collectors, transporters, and processors for the waste batteries and contract or otherwise expressly agree with a person or persons for the proper collection, transportation, and processing of the waste batteries; or

(2) accept waste batteries returned to its manufacturing facility.

(c) At the time of sale of a battery subject to subdivision 1, a manufacturer shall provide in a clear and conspicuous manner a telephone number that the final consumer of the battery can call to obtain information on specific procedures to follow in returning the battery for recycling or proper disposal. The manufacturer may include the telephone number and notice of return procedures on an invoice or other transaction document held by the purchaser. The manufacturer shall provide the telephone number to the commissioner of the agency.

(d) A manufacturer shall ensure that the cost of proper collection, transportation, and processing of the waste batteries is included in the sales transaction or agreement between the manufacturer and any purchaser.

(e) A manufacturer that has complied with this subdivision is not liable under subdivision 1 for improper disposal by a person other than the manufacturer of waste batteries.

115A.9157 RECHARGEABLE BATTERIES AND PRODUCTS.

Subdivision 1.

Definition.

For the purpose of this section, "rechargeable battery" means a sealed nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery, except a rechargeable battery governed by section 115A.9155 or exempted by the commissioner under subdivision 9.

Subd. 2.

Prohibition.

Effective August 1, 1991, a person may not place in mixed municipal solid waste a rechargeable battery, a rechargeable battery pack, a product with a nonremovable rechargeable battery, or a product powered by rechargeable batteries or rechargeable battery pack, from which all batteries or battery packs have not been removed.

Subd. 3.

Collection and management costs.

A manufacturer of rechargeable batteries or products powered by rechargeable batteries is responsible for the costs of collecting and managing its waste rechargeable batteries and waste products to ensure that the batteries are not part of the solid waste stream.

Subd. 5.

Collection and management programs.

(a) By September 20, 1995, the manufacturers or their representative organization shall implement permanent programs, based on the results of the pilot projects required in Minnesota Statutes 1994, section 115A.9157, subdivision 4, that may be reasonably expected to collect 90 percent of the waste rechargeable batteries and the participating manufacturers' products powered by rechargeable batteries that are generated in the state. The batteries and products collected must be recycled or otherwise managed or disposed of properly.

(b) In every odd-numbered year after 1995, each manufacturer or a representative organization shall provide information to the senate and house of representatives committees having jurisdiction over environment and natural resources and environment and natural resources finance that specifies at least the estimated amount of rechargeable batteries subject to this section sold in the state by each manufacturer and the amount of batteries each collected during the previous two years. A representative organization may report the amounts in aggregate for all the members of the organization.

Subd. 6.

List of participants.

A manufacturer or its representative organization shall inform the committees listed in subdivision 5 when they begin participating in the projects and programs and immediately if they withdraw participation.

Subd. 7.

Contracts.

A manufacturer or a representative organization of manufacturers may contract with the state or a political subdivision to provide collection services under this section. The manufacturer or organization shall fully reimburse the state or political subdivision for the value of any contractual services rendered under this subdivision.

Subd. 8.

Anticompetitive conduct.

A manufacturer or organization of manufacturers and its officers, members, employees, and agents who participate in projects or programs to collect and properly manage waste rechargeable batteries or products powered by rechargeable batteries are immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce for activities related to the collection and management of batteries and products required under this section.

Subd. 9.

Exemptions.

To ensure that new types of batteries do not add additional hazardous or toxic materials to the mixed municipal solid waste stream, the commissioner of the agency may exempt a new type of rechargeable battery from the requirements of this section if it poses no unreasonable hazard when placed in and processed or disposed of as part of a mixed municipal solid waste.

115A.961 HOUSEHOLD BATTERIES; COLLECTION, PROCESSING, AND DISPOSAL.

Subdivision 1.

Definition.

For the purposes of this section, "household batteries" means disposable or rechargeable dry cells commonly used as power sources for household or consumer products including, but not limited to, nickel-cadmium, alkaline, mercuric oxide, silver oxide, zinc oxide, lithium, and carbon-zinc batteries, but excluding lead acid batteries.

Subd. 2.

Program.

(a) The commissioner, in consultation with other state agencies, political subdivisions, and representatives of the household battery industry, may develop household battery programs. The commissioner must coordinate the programs with the Legislative-Citizen Commission on Minnesota Resources study on batteries.

(b) The commissioner shall investigate options and develop guidelines for collection, processing, and disposal of household batteries. The options the commissioner may investigate include:

(1) establishing a grant program for counties to plan and implement household battery collection, processing, and disposal projects;

(2) establishing collection and transportation systems;

(3) developing and disseminating educational materials regarding environmentally sound battery management; and

(4) developing markets for materials recovered from the batteries.

(c) The commissioner may also distribute funds to political subdivisions to develop battery management plans and implement those plans.

Subd. 3.

Participation.

A political subdivision, on its own or in cooperation with others, may implement a program to collect, process, or dispose of household batteries. A political subdivision may provide financial incentives to any person, including public or private civic groups, to collect the batteries.

325E.125 GENERAL AND SPECIAL PURPOSE BATTERY REQUIREMENTS.

Subdivision 1.

Labeling.

(a) The manufacturer of a button cell battery that is to be sold in this state shall ensure that each battery contains no intentionally introduced mercury or is labeled to clearly identify for the final consumer of the battery the type of electrode used in the battery.

(b) The manufacturer of a rechargeable battery that is to be sold in this state shall ensure that each rechargeable battery is labeled to clearly identify for the final consumer of the battery the type of electrode and the name of the manufacturer. The manufacturer of a rechargeable battery shall also provide clear instructions for properly recharging the battery.

Subd. 2.

Mercury content.

(a) Except as provided in paragraph (c), a manufacturer may not sell, distribute, or offer for sale in this state an alkaline manganese battery that contains more than 0.025 percent mercury by weight.

(b) On application, the commissioner of the Pollution Control Agency may exempt a specific type of battery from the requirements of paragraph (a) or (d) if there is no battery meeting the requirements that can be reasonably substituted for the battery for which the exemption is sought. A battery exempted by the commissioner under this paragraph is subject to the requirements of section 115A.9155, subdivision 2.

(c) Notwithstanding paragraph (a), a manufacturer may not sell, distribute, or offer for sale in this state a button cell nonrechargeable battery not subject to paragraph (a) that contains more than 25 milligrams of mercury.

(d) A manufacturer may not sell, distribute, or offer for sale in this state a dry cell battery containing a mercuric oxide electrode.

(e) After January 1, 1996, a manufacturer may not sell, distribute, or offer for sale in this state an alkaline manganese battery, except an alkaline manganese button cell, that contains mercury unless the commissioner of the Pollution Control Agency determines that compliance with this requirement is not technically and commercially feasible.

Subd. 2a.

Approval of new batteries.

A manufacturer may not sell, distribute, or offer for sale in this state a nonrechargeable battery other than a zinc air, zinc carbon, silver oxide, lithium, or alkaline manganese battery, without first having received approval of the battery from the commissioner of the Pollution Control Agency. The commissioner shall approve only batteries that comply with subdivision 1 and do not pose an undue hazard when disposed of. This subdivision is intended to ensure that new types of batteries do not add additional hazardous or toxic materials to the state's mixed municipal waste stream.

Subd. 3.

Rechargeable tools and appliances.

(a) A manufacturer may not sell, distribute, or offer for sale in this state a rechargeable consumer product unless:

(1) the battery can be easily removed by the consumer or is contained in a battery pack that is separate from the product and can be easily removed; and

(2) the product and the battery are both labeled in a manner that is clearly visible to the consumer indicating that the battery must be recycled or disposed of properly and the battery must be clearly identifiable as to the type of electrode used in the battery.

(b) "Rechargeable consumer product" as used in this subdivision means any product that contains a rechargeable battery and is primarily used or purchased to be used for personal, family, or household purposes.

(c) On application by a manufacturer, the commissioner of the Pollution Control Agency may exempt a rechargeable consumer product from the requirements of paragraph (a) if:

(1) the product cannot be reasonably redesigned and manufactured to comply with the requirements prior to the effective date of Laws 1990, chapter 409, section 2;

(2) the redesign of the product to comply with the requirements would result in significant danger to public health and safety; or

(3) the type of electrode used in the battery poses no unreasonable hazards when placed in and processed or disposed of as part of mixed municipal solid waste.

(d) An exemption granted by the commissioner of the Pollution Control Agency under paragraph (c), clause (1), must be limited to a maximum of two years and may be renewed.

Subd. 4.

Rechargeable batteries and products; notice.

(a) A person who sells rechargeable batteries or products powered by rechargeable batteries governed by section 115A.9157 at retail shall post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing decisions.

(b) The notice must be at least four inches by six inches and state:

"ATTENTION USERS OF RECHARGEABLE BATTERIES AND CORDLESS PRODUCTS:

Under Minnesota law, manufacturers of rechargeable batteries, rechargeable battery packs, and products powered by nonremovable rechargeable batteries will provide a special collection system for these items by April 15, 1994. It is illegal to put rechargeable batteries in the garbage. Use the special collection system that will be provided in your area. Take care of our environment.

DO NOT PUT RECHARGEABLE BATTERIES OR PRODUCTS POWERED BY NONREMOVABLE RECHARGEABLE BATTERIES IN THE GARBAGE."

(c) Notice is not required for home solicitation sales, as defined in section 325G.06, or for catalogue sales.

Subd. 5.

Prohibitions.

A manufacturer of rechargeable batteries or products powered by rechargeable batteries that does not participate in the pilot projects and programs required in section 115A.9157 may not sell, distribute, or offer for sale in this state rechargeable batteries or products powered by rechargeable batteries after January 1, 1992.

After January 1, 1992, a person who first purchases rechargeable batteries or products powered by rechargeable batteries for importation into the state for resale may not purchase rechargeable batteries or products powered by rechargeable batteries made by any person other than a manufacturer that participates in the projects and programs required under section 115A.9157.

325E.1251 PENALTY ENFORCEMENT.

Subdivision 1.

Penalty.

Violation of section 325E.125 is a misdemeanor. A manufacturer who violates section 325E.125 is also subject to a minimum fine of $100 per violation.

Subd. 2.

Recovery of costs.

Section 325E.125 may be enforced under section 115.071. In an enforcement action under this section in which the state prevails, the state may recover reasonable administrative expenses, court costs, and attorney fees incurred to take the enforcement action, in an amount to be determined by the court.