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Capital IconMinnesota Legislature

HF 3502

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 04/23/2018 01:22pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31
1.32 1.33
1.34 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13
2.14 2.15 2.16 2.17 2.18 2.19 2.20
2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8
7.9 7.10 7.11 7.12 7.13 7.14 7.15
7.16
7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24
7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15
9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21
11.22 11.24 11.23 11.25 11.26 11.27 11.29 11.28 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19
13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20
17.21 17.22
17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30
17.31 17.32 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18
18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15
19.16
19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 20.1 20.2 20.3 20.4
20.5
20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15
21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17
22.18 22.19
22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27
23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15
25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32
26.1
26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20
26.21
26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10
28.11
28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6 29.7
29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23
29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 30.1 30.2 30.3 30.4 30.5 30.6
30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 31.1
31.2 31.3 31.4 31.5 31.6 31.7
31.8
31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22
31.23
31.24 31.25 31.26 31.27 31.28
32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27
32.28 32.29 32.30 32.31 32.32 32.33 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13
33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24
33.25 33.26 33.27 33.28 33.29 33.30 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25
34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 35.1 35.2 35.3 35.4 35.5 35.6 35.7
35.8 35.9 35.10
35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22
35.23 35.24 35.25 35.26 35.27 35.28
35.29 35.30 35.31 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8
36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16
36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16
37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18
38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 39.1 39.2 39.3
39.4
39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26
39.27 39.28 39.29 39.30 39.31 39.32 39.33 40.1 40.2
40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14
40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31
41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10
41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13
42.14 42.15 42.16 42.17 42.18 42.19 42.20
42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 43.1 43.2 43.3 43.4 43.5 43.6 43.7
43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16
43.17 43.18 43.19
43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28
44.1 44.2 44.3 44.4
44.5 44.6 44.7 44.8
44.9 44.10 44.11 44.12 44.13
44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22
44.23 44.24 44.25 44.26 44.27 44.28 44.29 45.1 45.2
45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21
45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24
46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15
47.16 47.17 47.18 47.19 47.20 47.21
47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13
48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23
48.24 48.25 48.26 48.27 48.28 48.29 48.30 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23
50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13
51.14 51.15 51.16 51.17 51.18 51.19 51.20
51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 53.35 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32
56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16
56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 58.1 58.2
58.3 58.4 58.5 58.6 58.7 58.8 58.9
58.10
58.11 58.12 58.13 58.14 58.15
58.16 58.17 58.18 58.19
58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30
59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 60.1 60.2
60.3
60.4 60.5 60.6 60.7 60.8
60.9 60.10 60.11
60.12 60.13 60.14 60.15 60.16 60.17 60.18
60.19 60.20 60.21
60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20
61.21 61.22 61.23
61.24 61.25 61.26 61.27 61.28 61.29 61.30
62.1 62.2 62.3
62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24
62.25 62.26 62.27
62.28 62.29 62.30 62.31 62.32 63.1 63.2
63.3 63.4 63.5
63.6 63.7 63.8 63.9 63.10 63.11 63.12
63.13 63.14 63.15
63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29
64.1 64.2 64.3
64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31
65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26
65.27
65.28 65.29 65.30 65.31 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 67.1 67.2 67.3 67.4 67.5 67.6
67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25
67.26 67.27 67.28 67.29 67.30 67.31
68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18
68.19
68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34
71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10
71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19
71.20 71.21 71.22 71.23
71.24 71.25 71.26 71.27
72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 74.1 74.2 74.3 74.4 74.5
74.6 74.7
74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17
74.18 74.19 74.20 74.21 74.22 74.23
74.24 74.25 74.26 74.27 74.28 74.29 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12
75.13 75.14
75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27
75.28 75.29 75.30 75.31 75.32 75.33 76.1 76.2 76.3 76.4 76.5 76.6 76.7
76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15
77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25
77.26 77.27 77.28 77.29 77.30 77.31 77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17
78.18 78.19 78.20
78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 79.1 79.2 79.3 79.4
79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21
79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14
80.15
80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29
81.1 81.2 81.3
81.4 81.5 81.6 81.7 81.8 81.9
81.10 81.11 81.12 81.13 81.14
81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22
81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22
82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 83.1 83.2 83.3 83.4 83.5 83.6 83.7
83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19
83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32
84.1 84.2 84.3 84.4
84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13
84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24
84.25 84.26 84.27 84.28 84.29 84.30 84.31 85.1 85.2 85.3 85.4 85.5 85.6
85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31
86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9
86.10
86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15
87.16
87.17 87.18 87.19 87.20 87.21 87.22 87.23
87.24
87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 88.1 88.2 88.3 88.4 88.5
88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14
88.15
88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23
88.24
88.25 88.26 88.27 88.28 88.29 88.30
89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8
89.9
89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25
89.26

A bill for an act
relating to environment; appropriating money for environment and natural
resources; modifying environmental, natural resource, and game and fish provisions;
modifying Water Law; modifying Clean Water Legacy Act; modifying solid waste
provisions; modifying certain penalties; modifying requirements for fencing
abandoned mines; creating accounts; providing for disposition of certain receipts;
requiring rulemaking; requiring reports; amending Minnesota Statutes 2016,
sections 84.0895, subdivision 2; 84.775, subdivision 1; 84.83, subdivision 3; 84.86,
subdivision 1; 84.928, subdivision 2; 86B.005, subdivision 8a; 86B.532, subdivision
1; 88.10, by adding a subdivision; 88.75, subdivision 1; 89.551; 97A.051,
subdivision 2; 97A.433, subdivisions 4, 5; 97A.56, subdivision 2; 97B.015,
subdivision 6; 97B.081, subdivision 3; 97B.1055; 97C.345, subdivision 3a;
103B.3369, subdivisions 5, 9, by adding a subdivision; 103B.801, subdivisions 2,
5; 103E.021, subdivision 6; 103E.071; 103G.2242, subdivision 14; 103G.287, by
adding a subdivision; 114D.15, subdivisions 7, 11, 13, by adding subdivisions;
114D.20, subdivisions 2, 3, 5, 7, by adding subdivisions; 114D.26; 114D.35,
subdivisions 1, 3; 115.03, subdivisions 1, 5; 115.035; 115.77, subdivision 1; 115.84,
subdivisions 2, 3; 115A.51; 115A.94, subdivisions 2, 4a, 4b, 4c, 4d, 5, by adding
subdivisions; 115B.20, subdivision 2; 116.07, by adding a subdivision; 116.155,
subdivision 1, by adding subdivisions; 116.993, subdivisions 2, 6; 180.03,
subdivisions 2, 3, 4; 180.10; 444.075, subdivision 1a; 473.8441, subdivision 4;
Minnesota Statutes 2017 Supplement, sections 84.01, subdivision 6; 84.91,
subdivision 1; 84.925, subdivision 1; 84.9256, subdivision 1; 84D.03, subdivisions
3, 4; 84D.108, subdivisions 2b, 2c; 85.0146, subdivision 1; 97A.075, subdivision
1; 103G.271, subdivision 7; 116.07, subdivision 4d; 116.0714; 169A.07; Laws
2010, chapter 361, article 4, section 78; Laws 2015, First Special Session chapter
4, article 4, section 136, as amended; Laws 2016, chapter 189, article 3, sections
3, subdivision 5; 4; 48; Laws 2017, chapter 93, article 1, sections 3, subdivision
6; 4; article 2, sections 155, subdivision 5; 163; proposing coding for new law in
Minnesota Statutes, chapters 84; 97A; 103G; 115; 115B; 116; 383A.

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

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES 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 added to the appropriations
in Laws 2017, chapter 93, article 1, 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 "2018" and "2019"
used in this article mean that the appropriations listed under them are available for the fiscal
year ending June 30, 2018, or June 30, 2019, respectively. "The first year" is fiscal year
2018. "The second year" is fiscal year 2019. "The biennium" is fiscal years 2018 and 2019.
Appropriations for the fiscal year ending June 30, 2018, are effective the day following
final enactment.
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 2018
new text end
new text begin 2019
new text end

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

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 199,000
new text end

new text begin $199,000 the second year is from the
environmental fund for the voluntary
certification program for deicer applicators
under Minnesota Statutes, section 116.2025.
The base for fiscal year 2020 and later is
$184,000.
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 50,000
new text end
new text begin $
new text end
new text begin 2,552,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 750,000
new text end
new text begin Natural Resources
new text end
new text begin -0-
new text end
new text begin 1,802,000
new text end
new text begin Game and Fish
new text end
new text begin 50,000
new text end
new text begin -0-
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 -0-
new text end
new text begin 347,000
new text end

new text begin $319,000 the second year is from the mineral
management account in the natural resources
fund for environmental research relating to
mine permitting, in consultation with the
Mineral Coordinating Committee.
new text end

new text begin $28,000 the second year is from the land
acquisition account in the natural resources
fund to compensate the permanent school fund
for a road easement on school trust lands in
Sand Dunes State Forest. This appropriation
must be matched with nonstate money by 20
percent of the total cost of the easement. This
is a onetime appropriation.
new text end

new text begin Subd. 3. new text end

new text begin Ecological and Water Resources
new text end

new text begin $50,000
new text end
new text begin -0-
new text end

new text begin $50,000 the first year is from the heritage
enhancement account in the game and fish
fund to prepare a report on the actions
necessary to protect, restore, and enhance the
naturally occurring wild rice in the public
waters of Minnesota as required under this act.
This is a onetime appropriation and is
available until June 30, 2019.
new text end

new text begin Subd. 4. new text end

new text begin Parks and Trails Management
new text end

new text begin -0-
new text end
new text begin 1,415,000
new text end

new text begin (a) $315,000 the second year is from the
natural resources fund for a grant to St. Louis
County to be used as a match to a state
bonding grant for trail and bridge construction
and for a maintenance fund for a five-mile
segment of the Voyageur Country ATV trail
system, including a multiuse bridge over the
Vermilion River that would serve ATVs,
snowmobiles, off-road vehicles, off-highway
motorcycles, and emergency vehicles in St.
Louis County. Of this amount, $285,000 is
from the all-terrain vehicle account, $15,000
is from the off-road vehicle account, and
$15,000 is from the off-highway motorcycle
account. This is a onetime appropriation and
is available until June 30, 2021.
new text end

new text begin (b) $300,000 the second year is from the
natural resources fund for a grant to Lake
County to match other funding sources to
develop the Prospectors Loop trail system. Of
this amount, $270,000 is from the all-terrain
vehicle account, $15,000 is from the
off-highway motorcycle account, and $15,000
is from the off-road vehicle account. This is
a onetime appropriation and is available until
June 30, 2021.
new text end

new text begin (c) $100,000 the second year is from the
all-terrain vehicle account in the natural
resources fund for wetland delineation and
work on an environmental assessment
worksheet for the Taconite State Trail from
Ely to Tower consistent with the 2017
Taconite State Trail Master Plan. This is a
onetime appropriation and is available until
June 30, 2021.
new text end

new text begin (d) $100,000 the second year is from the
all-terrain vehicle account in the natural
resources fund for a grant to the city of
Virginia to develop, in cooperation with the
Quad Cities ATV Club, an all-terrain vehicle
trail system in the cities of Virginia, Eveleth,
Gilbert, and Mountain Iron and surrounding
areas. This is a onetime appropriation and is
available until June 30, 2021.
new text end

new text begin (e) $200,000 the second year is from the
off-road vehicle account in the natural
resources fund for a contract with a project
administrator to assist the commissioner in
planning, designing, and providing a system
of state touring routes for off-road vehicles by
identifying sustainable, legal routes suitable
for licensed four-wheel drive vehicles and a
system of recreational trails for registered
off-road vehicles. This is a onetime
appropriation.
new text end

new text begin (f) $200,000 the second year is appropriated
from the off-road vehicle account in the
natural resources fund for a contract to prepare
a comprehensive, statewide, strategic master
plan for trails for off-road vehicles. This is a
onetime appropriation. At a minimum, the
plan must:
new text end

new text begin (1) identify opportunities to develop new,
high-quality, comprehensive trails for off-road
vehicles in a system that serves regional and
tourist destinations;
new text end

new text begin (2) enhance connectivity with trails for
off-road vehicles, trails and parks for other
off-highway vehicles, and trails and parks for
other types of vehicles;
new text end

new text begin (3) provide opportunities for new exposure
and economic development in greater
Minnesota;
new text end

new text begin (4) help people connect with the outdoors in
a safe and environmentally sustainable
manner;
new text end

new text begin (5) create new and support existing
opportunities for social, economic, and cultural
benefits and meaningful and mutually
beneficial relationships for users of off-road
vehicles and the communities that host trails
for off-road vehicles; and
new text end

new text begin (6) require the commissioner to cooperate with
local governments, organizations, and other
interested partners.
new text end

new text begin (g) $200,000 the second year is from the
off-road vehicle account in the natural
resources fund to reimburse federal, county,
and township entities for additional needs on
forest roads when the needs are a result of
increased use by off-road vehicles and are
attributable to a border-to-border touring route
established by the commissioner. This
paragraph does apply to roads that are operated
by a public road authority as defined in
Minnesota Statutes, section 160.02,
subdivision 25. This is a onetime appropriation
and is available until June 30, 2023. To be
eligible for reimbursement under this
paragraph, the claimant must demonstrate that
the needs result from additional traffic
generated by the border-to-border touring
route.
new text end

new text begin Subd. 5. new text end

new text begin Fish and Wildlife Management
new text end

new text begin -0-
new text end
new text begin 650,000
new text end

new text begin $650,000 the second year is for wildlife
disease surveillance and response. This is a
onetime appropriation.
new text end

new text begin Subd. 6. new text end

new text begin Enforcement
new text end

new text begin -0-
new text end
new text begin 140,000
new text end

new text begin (a) $100,000 the second year is for responding
to escaped animals from Cervidae farms,
including inspection of farmed Cervidae,
farmed Cervidae facilities, and farmed
Cervidae records when the commissioner has
reasonable suspicion that laws protecting
native wild animals have been violated. This
is a onetime appropriation.
new text end

new text begin (b) $40,000 the second year is from the
all-terrain vehicle account in the natural
resources fund to develop a voluntary online
youth all-terrain vehicle training program
under Minnesota Statutes, section 84.925,
subdivision 1. This is a onetime appropriation.
new text end

Sec. 4. new text begin NATURAL RESOURCES DAMAGES
ACCOUNT TRANSFER
new text end

new text begin By June 30, 2018, any money in the general
portion of the remediation fund dedicated for
the purposes of the natural resources damages
account must be transferred to the natural
resources damages account.
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. 5.

Laws 2010, chapter 361, article 4, section 78, is amended to read:


Sec. 78. APPROPRIATION; MOOSE TRAIL.

$100,000 in fiscal year 2011 is appropriated to the commissioner of natural resources
from the all-terrain vehicle account in the natural resources fund for a grant to the city of
Hoyt Lakes deleted text begin to convert the Moose Trail snowmobile trail todeleted text end new text begin fornew text end a dual usage deleted text begin trail, so that it
may also be used as an
deleted text end off-highway vehicle trail connecting the city of Biwabik to the Iron
Range Off-Highway Vehicle Recreation Area. This is a onetime appropriation and is available
until deleted text begin spentdeleted text end new text begin June 30, 2020new text end .

Sec. 6.

Laws 2016, chapter 189, article 3, section 3, subdivision 5, is amended to read:


Subd. 5.

Parks and Trails Management

-0-
6,459,000
Appropriations by Fund
2016
2017
General
-0-
2,929,000
Natural Resources
-0-
3,530,000

$2,800,000 the second year is a onetime
appropriation.

$2,300,000 the second year is from the state
parks account in the natural resources fund.
Of this amount, $1,300,000 is onetime, of
which $1,150,000 is for strategic park
acquisition.

$20,000 the second year is from the natural
resources fund to design and erect signs
marking the David Dill trail designated in this
act. Of this amount, $10,000 is from the
snowmobile trails and enforcement account
and $10,000 is from the all-terrain vehicle
account. This is a onetime appropriation.

$100,000 the second year is for the
improvement of the infrastructure for sanitary
sewer service at the Woodenfrog Campground
in Kabetogama State Forest. This is a onetime
appropriation.

$29,000 the second year is for computer
programming related to the transfer-on-death
title changes for watercraft. This is a onetime
appropriation.

$210,000 the first year is from the water
recreation account in the natural resources
fund for implementation of Minnesota
Statutes, section 86B.532, established in this
act. This is a onetime appropriation. The
commissioner of natural resources shall seek
federal and other nonstate funds to reimburse
the department for the initial costs of
producing and distributing carbon monoxide
boat warning labels. All amounts collected
under this paragraph shall be deposited into
the water recreation account.

$1,000,000 the second year is from the natural
resources fund for a grant to Lake County for
construction, including bridges, of the
Prospectors ATV Trail System linking the
communities of Ely, Babbitt, Embarrass, and
Tower; Bear Head Lake and Lake
Vermilion-Soudan Underground Mine State
Parks; the Taconite State Trail; and the Lake
County Regional ATV Trail System. Of this
amount, $900,000 is from the all-terrain
vehicle account, $50,000 is from the
off-highway motorcycle account, and $50,000
is from the off-road vehicle account. This is
a onetime appropriationnew text begin and is available until
June 30, 2019
new text end .

Sec. 7.

Laws 2016, chapter 189, article 3, section 4, is amended to read:


Sec. 4. BOARD OF WATER AND SOIL
RESOURCES

$
-0-
$
479,000

$479,000 the second year is for the
development of a detailed plan to implement
a working lands watershed restoration program
to incentivize the establishment and
maintenance of perennial crops that includes
the following:

(1) a process for selecting pilot watersheds
that are expected to result in the greatest water
quality improvements and exhibit readiness
to participate in the program;

(2) an assessment of the quantity of
agricultural land that is expected to be eligible
for the program in each watershed;

(3) an assessment of landowner interest in
participating in the program;

(4) an assessment of the contract terms and
any recommendations for changes to the terms,
including consideration of variable payment
rates for lands of different priority or type;

(5) an assessment of the opportunity to
leverage federal funds through the program
and recommendations on how to maximize
the use of federal funds for assistance to
establish perennial crops;

(6) an assessment of how other state programs
could complement the program;

(7) an estimate of water quality improvements
expected to result from implementation in pilot
watersheds;

(8) an assessment of how to best integrate
program implementation with existing
conservation requirements and develop
recommendations on harvest practices and
timing to benefit wildlife production;

(9) an assessment of the potential viability and
water quality benefit of cover crops used in
biomass processing facilities;

(10) a timeline for implementation,
coordinated to the extent possible with
proposed biomass processing facilities; deleted text begin and
deleted text end

(11) a projection of funding sources needed
to complete implementationdeleted text begin .deleted text end new text begin ;
new text end

new text begin (12) outreach to local governments, interest
groups, and individual farmers on the
economic and environmental benefits of
perennial and cover crops;
new text end

new text begin (13) establishment of detailed criteria to target
the location of perennial and cover crops on
a watershed basis to maximize the
environmental benefit at the lowest cost; and
new text end

new text begin (14) development of model contracts to
include payment rates, duration, type of crops,
harvest standards, and monitoring procedures
for use in future program implementation.
new text end

This is a onetime appropriation and is
available until June 30, deleted text begin 2018deleted text end new text begin 2019new text end .

The board shall coordinate development of
the working lands watershed restoration plan
with stakeholders and the commissioners of
natural resources, agriculture, and the
Pollution Control Agency. The board must
submit an interim report by October 15, deleted text begin 2017deleted text end new text begin
2018
new text end , and the feasibility study and program
plan by February 1, deleted text begin 2018deleted text end new text begin 2019new text end , to the chairs
and ranking minority members of the
legislative committees and divisions with
jurisdiction over agriculture, natural resources,
and environment policy and finance and to the
Clean Water Council.

Sec. 8.

Laws 2017, chapter 93, article 1, section 3, subdivision 6, is amended to read:


Subd. 6.

Fish and Wildlife Management

68,207,000
deleted text begin 67,750,000
deleted text end new text begin 69,210,000
new text end
Appropriations by Fund
2018
2019
Natural Resources
1,912,000
1,912,000
Game and Fish
66,295,000
deleted text begin 65,838,000
deleted text end new text begin 67,298,000
new text end

(a) $8,283,000 the first year and $8,386,000
the second year are from the heritage
enhancement account in the game and fish
fund only for activities specified in Minnesota
Statutes, section 297A.94, paragraph (e),
clause (1). Notwithstanding Minnesota
Statutes, section 297A.94, five percent of this
appropriation may be used for expanding
hunter and angler recruitment and retention.

(b) Notwithstanding Minnesota Statutes,
section 297A.94, $30,000 the first year is from
the heritage enhancement account in the game
and fish fund for the commissioner of natural
resources to contract with a private entity to
search for a site to construct a world-class
shooting range and club house for use by the
Minnesota State High School League and for
other regional, statewide, national, and
international shooting events. The
commissioner must provide public notice of
the search, including making the public aware
of the process through the Department of
Natural Resources' media outlets, and solicit
input on the location and building options for
the facility. The siting search process must
include a public process to determine if any
business or individual is interested in donating
land for the facility, anticipated to be at least
500 acres. The site search team must meet
with interested third parties affected by or
interested in the facility. The commissioner
must submit a report with the results of the
site search to the chairs and ranking minority
members of the legislative committees and
divisions with jurisdiction over environment
and natural resources by March 1, 2018. This
is a onetime appropriation.

(c) Notwithstanding Minnesota Statutes,
section 297A.94, $30,000 the first year is from
the heritage enhancement account in the game
and fish fund for a study of lead shot
deposition on state lands. By March 1, 2018,
the commissioner shall provide a report of the
study to the chairs and ranking minority
members of the legislative committees with
jurisdiction over natural resources policy and
finance. This is a onetime appropriation.

(d) Notwithstanding Minnesota Statutes,
section 297A.94, $500,000 the first year is
from the heritage enhancement account in the
game and fish fund for planning and
emergency response to disease outbreaks in
wildlife. This is a onetime appropriation and
is available until June 30, 2019.

new text begin (e) $8,606,000 the second year is from the
deer management account in the game and
fish fund for the purposes specified under
Minnesota Statutes, section 97A.075,
subdivision 1, paragraph (b).
new text end

Sec. 9.

Laws 2017, chapter 93, article 1, section 4, is amended to read:


Sec. 4. BOARD OF WATER AND SOIL
RESOURCES

$
14,311,000
$
14,164,000

(a) $3,423,000 the first year and $3,423,000
the second year are for natural resources block
grants to local governments. Grants must be
matched with a combination of local cash or
in-kind contributions. The base grant portion
related to water planning must be matched by
an amount as specified by Minnesota Statutes,
section 103B.3369. 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.

(b) $3,116,000 the first year and $3,116,000
the second year are for grants to soil and water
conservation districts for the purposes of
Minnesota Statutes, sections 103C.321 and
103C.331, and for general purposes, nonpoint
engineering, and implementation and
stewardship of the reinvest in Minnesota
reserve program. Expenditures may be made
from these appropriations for supplies and
services benefiting soil and water conservation
districts. Any district receiving a payment
under this paragraph shall maintain a Web
page that publishes, at a minimum, its annual
report, annual audit, annual budget, and
meeting notices.

(c) $260,000 the first year and $260,000 the
second year are for feedlot water quality cost
share grants for feedlots under 300 animal
units and nutrient and manure management
projects in watersheds where there are
impaired waters.

(d) $1,200,000 the first year and $1,200,000
the second year are for soil and water
conservation district cost-sharing contracts for
perennially vegetated riparian buffers, erosion
control, water retention and treatment, and
other high-priority conservation practices.

(e) $100,000 the first year and $100,000 the
second year are for county cooperative weed
management cost-share programs and to
restore native plants in selected invasive
species management sites.

(f) $761,000 the first year and $761,000 the
second year are for implementation,
enforcement, and oversight of the Wetland
Conservation Act, including administration of
the wetland banking program and in-lieu fee
mechanism.

(g) $300,000 the first year is for improving
the efficiency and effectiveness of Minnesota's
wetland regulatory programs through
continued examination of United States Clean
Water Act section 404 assumption including
negotiation of draft agreements with the
United States Environmental Protection
Agency and the United States Army Corps of
Engineers, planning for an online permitting
system, upgrading the existing wetland
banking database, and developing an in-lieu
fee wetland banking program as authorized
by statute. This is a onetime appropriationnew text begin and
is available until June 30, 2019
new text end .

(h) $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 of Water and Soil Resources must
coordinate the stakeholder drainage work
group in accordance with Minnesota Statutes,
section 103B.101, subdivision 13, to evaluate
and make recommendations to accelerate
drainage system acquisition and establishment
of ditch buffer strips under Minnesota Statutes,
chapter 103E, or compatible alternative
practices required by Minnesota Statutes,
section 103F.48. The evaluation and
recommendations must be submitted in a
report to the senate and house of
representatives committees with jurisdiction
over agriculture and environment policy by
February 1, 2018.

(i) $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
administration of programs. This appropriation
must be matched by nonstate funds. If the
appropriation in either year is insufficient, the
appropriation in the other year is available for
it.

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

(k) $125,000 the first year and $125,000 the
second year are for conservation easement
stewardship.

(l) $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 operating and maintaining
sites for dredge spoil to sustain the state,
national, and international commercial and
recreational navigation on the lower Minnesota
River.

(m) $4,380,000 the first year and $4,533,000
the second year are for Board of Water and
Soil Resources agency administration and
operations.

(n) Notwithstanding Minnesota Statutes,
section 103C.501, the board may shift
cost-share funds in this section and may adjust
the technical and administrative assistance
portion of the grant funds to leverage federal
or other nonstate funds or to address
high-priority needs identified in local water
management plans or comprehensive water
management plans.

(o) The appropriations for grants in this section
are available until June 30, 2021, except
returned grants are available for two years
after they are returned. If an appropriation for
grants in either year is insufficient, the
appropriation in the other year is available for
it.

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

ARTICLE 2

ENVIRONMENT AND NATURAL RESOURCES POLICY

Section 1.

Minnesota Statutes 2017 Supplement, section 84.01, subdivision 6, is amended
to read:


Subd. 6.

Legal counsel.

The commissioner of natural resources may appoint attorneys
or outside counsel to render title opinions, represent the department in severed mineral
interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute
to the contrary, represent the state in quiet title or title registration actions affecting land or
interests in land administered by the commissionernew text begin and in all proceedings relating to road
vacations
new text end .

Sec. 2.

Minnesota Statutes 2016, section 84.0895, subdivision 2, is amended to read:


Subd. 2.

Application.

(a) Subdivision 1 does not apply to:

(1) plants on land classified for property tax purposes as class 2a or 2c agricultural land
under section 273.13, deleted text begin ordeleted text end on deleted text begin ditches and roadwaysdeleted text end new text begin a ditch, or on an existing public road
right-of-way as defined in section 84.92, subdivision 6a, except for ground not previously
disturbed by construction or maintenance
new text end ; and

(2) noxious weeds designated pursuant to sections 18.76 to 18.88 or to weeds otherwise
designated as troublesome by the Department of Agriculture.

(b) If control of noxious weeds is necessary, it takes priority over the protection of
endangered plant species, as long as a reasonable effort is taken to preserve the endangered
plant species first.

(c) The taking or killing of an endangered plant species on land adjacent to class 3 or
3b agricultural land as a result of the application of pesticides or other agricultural chemical
on the class 3 or 3b land is not a violation of subdivision 1, if reasonable care is taken in
the application of the pesticide or other chemical to avoid impact on adjacent lands. For the
purpose of this paragraph, class 3 or 3b agricultural land does not include timber land, waste
land, or other land for which the owner receives a state paid wetlands or native prairie tax
credit.

(d) The accidental taking of an endangered plant, where the existence of the plant is not
known at the time of the taking, is not a violation of subdivision 1.

Sec. 3.

Minnesota Statutes 2016, section 84.775, subdivision 1, is amended to read:


Subdivision 1.

Civil citation; authority to issue.

(a) A conservation officer or other
licensed peace officer may issue a civil citation to a person who operates:

(1) an off-highway motorcycle in violation of sections 84.773, subdivision 1 or 2, clause
(1); 84.777; 84.788 to 84.795; or 84.90;

(2) an off-road vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1);
84.777; 84.798 to 84.804; or 84.90; or

(3) an all-terrain vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1);
84.777; 84.90; or 84.922 to 84.928.

(b) A civil citation under paragraph (a) shall require restitution for public and private
property damage and impose a penalty of:

(1) $100 for the first offense;

(2) $200 for the second offense; and

(3) $500 for third and subsequent offenses.

(c) A conservation officer or other licensed peace officer may issue a civil citation to a
person who operates an off-highway motorcycle, off-road vehicle, or all-terrain vehicle in
violation of section 84.773, subdivision 2, clause (2) or (3). A civil citation under this
paragraph shall require restitution for damage to wetlands and impose a penalty of:

(1) $100 for the first offense;

(2) $500 for the second offense; and

(3) $1,000 for third and subsequent offenses.

(d) If the peace officer determines that there is damage to property requiring restitution,
the commissioner must send a written explanation of the extent of the damage and the cost
of the repair by first class mail to the address provided by the person receiving the citation
within 15 days of the date of the citation.

(e) An off-road vehicle deleted text begin or all-terrain vehicledeleted text end that is equipped with a snorkel device and
receives a civil citation under this section is subject to twice the penalty amounts in
paragraphs (b) and (c).

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2016, section 84.83, subdivision 3, is amended to read:


Subd. 3.

Purposes for the account; allocation.

(a) The money deposited in the account
and interest earned on that money may be expended only as appropriated by law for the
following purposes:

(1) for a grant-in-aid program to counties and municipalities for construction and
maintenance of snowmobile trails, including maintenance of trails on lands and waters of
Voyageurs National Park; on Lake of the Woods; on Rainy Lake; on the following lakes in
St. Louis County: Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion;
and on the following lakes in Cook County: Devil Track and Hungry Jack;

(2) for acquisition, development, and maintenance of state recreational snowmobile
trails;

(3) for snowmobile safety programs; and

(4) for the administration and enforcement of sections 84.81 to 84.91 and appropriated
grants to local law enforcement agencies.

(b) No less than 60 percent of revenue deleted text begin collected from snowmobile registration and
snowmobile state trail sticker fees
deleted text end new text begin deposited in the snowmobile trails and enforcement
account
new text end must be expended for grants-in-aid to develop, maintain, and groom trails and
acquire easements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 5.

Minnesota Statutes 2016, section 84.86, subdivision 1, is amended to read:


Subdivision 1.

Required rules.

With a view of achieving maximum use of snowmobiles
consistent with protection of the environment the commissioner of natural resources shall
adopt rules in the manner provided by chapter 14, for the following purposes:

(1) Registration of snowmobiles and display of registration numbers.

(2) Use of snowmobiles insofar as game and fish resources are affected.

(3) Use of snowmobiles on public lands and waters, or on grant-in-aid trails.

(4) Uniform signs to be used by the state, counties, and cities, which are necessary or
desirable to control, direct, or regulate the operation and use of snowmobiles.

(5) Specifications relating to snowmobile mufflers.

(6) A comprehensive snowmobile information and safety education and training program,
including but not limited to the preparation and dissemination of snowmobile information
and safety advice to the public, the training of snowmobile operators, and the issuance of
snowmobile safety certificates to snowmobile operators who successfully complete the
snowmobile safety education and training course. For the purpose of administering such
program and to defray expenses of training and certifying snowmobile operators, the
commissioner shall collect a fee from each person who receives the youth or adult training.
The commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for
issuing a duplicate snowmobile safety certificate. The commissioner shall establish both
fees in a manner that neither significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the services. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The fees may be established
by the commissioner notwithstanding section 16A.1283. The fees, except for the issuing
fee for licensing agents under this subdivision, shall be deposited in the snowmobile trails
and enforcement account in the natural resources fund and the amount thereof, except for
the electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated
annually to the Enforcement Division of the Department of Natural Resources for the
administration of such programs. In addition to the fee established by the commissioner,
instructors may charge each person new text begin any fee paid by the instructor for the person's online
training course and
new text end up to the established fee amount for class materials and expenses. The
commissioner shall cooperate with private organizations and associations, private and public
corporations, and local governmental units in furtherance of the program established under
this clause. School districts may cooperate with the commissioner and volunteer instructors
to provide space for the classroom portion of the training. The commissioner shall consult
with the commissioner of public safety in regard to training program subject matter and
performance testing that leads to the certification of snowmobile operators.

(7) The operator of any snowmobile involved in an accident resulting in injury requiring
medical attention or hospitalization to or death of any person or total damage to an extent
of $500 or more, shall forward a written report of the accident to the commissioner on such
form as the commissioner shall prescribe. If the operator is killed or is unable to file a report
due to incapacitation, any peace officer investigating the accident shall file the accident
report within ten business days.

Sec. 6.

Minnesota Statutes 2017 Supplement, section 84.91, subdivision 1, is amended to
read:


Subdivision 1.

Acts prohibited.

(a) No owner or other person having charge or control
of any snowmobile or all-terrain vehicle shall authorize or permit any individual the person
knows or has reason to believe is under the influence of alcohol or a controlled substance
or other substance to operate the snowmobile or all-terrain vehicle anywhere in this state
or on the ice of any boundary water of this state.

(b) No owner or other person having charge or control of any snowmobile or all-terrain
vehicle shall knowingly authorize or permit any person, who by reason of any physical or
mental disability is incapable of operating the vehicle, to operate the snowmobile or all-terrain
vehicle anywhere in this state or on the ice of any boundary water of this state.

(c) A person who operates or is in physical control of a snowmobile or all-terrain vehicle
anywhere in this state or on the ice of any boundary water of this state is subject to chapter
169A. In addition to the applicable sanctions under chapter 169A, a person who is convicted
of violating section 169A.20 or an ordinance in conformity with it deleted text begin while operating a
snowmobile or all-terrain vehicle
deleted text end , or who refuses to comply with a lawful request to submit
to testing under sections 169A.50 to 169A.53 or 171.177, or an ordinance in conformity
with it, shall be prohibited from operating a snowmobile or all-terrain vehicle for a period
of one year. The commissioner shall notify the person of the time period during which the
person is prohibited from operating a snowmobile or all-terrain vehicle.

(d) Administrative and judicial review of the operating privileges prohibition is governed
by section 97B.066, subdivisions 7 to 9, if the person does not have a prior impaired driving
conviction or prior license revocation, as defined in section 169A.03. Otherwise,
administrative and judicial review of the prohibition is governed by section 169A.53 or
171.177.

(e) The court shall promptly forward to the commissioner and the Department of Public
Safety copies of all convictions and criminal and civil sanctions imposed undernew text begin :
new text end

new text begin (1)new text end this section deleted text begin and chaptersdeleted text end new text begin ;
new text end

new text begin (2) chapternew text end 169 deleted text begin anddeleted text end new text begin relating to snowmobiles and all-terrain vehicles;
new text end

new text begin (3) chapternew text end 169A deleted text begin relating to snowmobiles and all-terrain vehicles.deleted text end new text begin ; and
new text end

new text begin (4) section 171.177.
new text end

(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either
of them, is guilty of a misdemeanor. A person who operates a snowmobile or all-terrain
vehicle during the time period the person is prohibited from operating a vehicle under
paragraph (c) is guilty of a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to violations
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2017 Supplement, section 84.925, subdivision 1, is amended
to read:


Subdivision 1.

deleted text begin Programdeleted text end new text begin Training and certification programsnew text end established.

(a) The
commissioner shall establishnew text begin :
new text end

new text begin (1)new text end a comprehensive all-terrain vehicle environmental and safety education and training
new text begin certification new text end program, including the preparation and dissemination of vehicle information
and safety advice to the public, the training of all-terrain vehicle operators, and the issuance
of all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
successfully complete the all-terrain vehicle environmental and safety education and training
coursedeleted text begin .deleted text end new text begin ; and
new text end

new text begin (2) a voluntary all-terrain vehicle online training program for youth and a parent or
guardian, offered at no charge for operators at least six years of age but younger than ten
years of age.
new text end

new text begin (b)new text end A parent or guardian must be present at deleted text begin the hands-ondeleted text end new text begin anew text end training deleted text begin portion of thedeleted text end program
deleted text begin fordeleted text end new text begin when thenew text end youth deleted text begin who are six through tendeleted text end new text begin is under tennew text end years of age.

deleted text begin (b)deleted text end new text begin (c)new text end For the purpose of administering the program and to defray the expenses of
training and certifying vehicle operators, the commissioner shall collect a fee from each
person who receives the trainingnew text begin for certification under paragraph (a), clause (1)new text end . The
commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing
a duplicate all-terrain vehicle safety certificate. The commissioner shall establish both fees
in a manner that neither significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the services. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The fees may be established
by the commissioner notwithstanding section 16A.1283. Fee proceeds, except for the issuing
fee for licensing agents under this subdivision, shall be deposited in the all-terrain vehicle
account in the natural resources fund and the amount thereof, except for the electronic
licensing system commission established by the commissioner under section 84.027,
subdivision 15
, and issuing fees collected by the commissioner, is appropriated annually to
the Enforcement Division of the Department of Natural Resources for the administration
of the programs. In addition to the fee established by the commissioner, instructors may
charge each person up to the established fee amount for class materials and expenses.

deleted text begin (c)deleted text end new text begin (d)new text end The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the deleted text begin programdeleted text end new text begin
programs
new text end established under this section. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom portion of the
training. The commissioner shall consult with the commissioner of public safety in regard
to deleted text begin training programdeleted text end new text begin thenew text end subject matter new text begin of the training programs new text end and performance testing that
leads to the certification of vehicle operators. The commissioner shall incorporate a riding
component in the deleted text begin safety education anddeleted text end training deleted text begin programdeleted text end new text begin programs established under this
section
new text end .

Sec. 8.

Minnesota Statutes 2017 Supplement, section 84.9256, subdivision 1, is amended
to read:


Subdivision 1.

Prohibitions on youthful operators.

(a) Except for operation on public
road rights-of-way that is permitted under section 84.928 and as provided under paragraph
(j), a driver's license issued by the state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or waters, except as provided in
paragraph (f).

(c) Except for public road rights-of-way of interstate highways, a person 12 years of age
but less than 16 years may make a direct crossing of a public road right-of-way of a trunk,
county state-aid, or county highway or operate on public lands and waters or state or
grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate
issued by the commissioner and is accompanied by a person 18 years of age or older who
holds a valid driver's license.

(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old,
but less than 16 years old, must:

(1) successfully complete the safety education and training program under section 84.925,
subdivision 1, including a riding component; and

(2) be able to properly reach and control the handle bars and reach the foot pegs while
sitting upright on the seat of the all-terrain vehicle.

(e) A person at least deleted text begin sixdeleted text end new text begin tennew text end years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
the certificate is not valid until the person reaches age 12.

(f) A person at least ten years of age but under 12 years of age may operate an all-terrain
vehicle with an engine capacity up to 110cc if the vehicle is a class 1 all-terrain vehicle with
straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with
side-by-side-style seating on public lands or waters if accompanied by a parent or legal
guardian.

(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.

(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands
or waters or on state or grant-in-aid trails if the person cannot properly reach and control:

(1) the handle bars and reach the foot pegs while sitting upright on the seat of the
all-terrain vehicle with straddle-style seating; or

(2) the steering wheel and foot controls of a class 1 all-terrain vehicle with
side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged.

(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16
years old, may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or
state or grant-in-aid trails if:

(1) the nonresident youth has in possession evidence of completing an all-terrain safety
course offered by the ATV Safety Institute or another state as provided in section 84.925,
subdivision 3; and

(2) the nonresident youth is accompanied by a person 18 years of age or older who holds
a valid driver's license.

(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted
under section 84.928 if the person:

(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
and

(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

Sec. 9.

new text begin [84.9258] ALL-TERRAIN VEHICLE PILOT PROJECT; HAYES LAKE
STATE PARK.
new text end

new text begin (a) A person may operate an all-terrain vehicle in campground areas at Hayes Lake State
Park designated by the commissioner of natural resources under this section. The all-terrain
vehicle must have a valid state park permit. The commissioner must issue an annual permit
for an all-terrain vehicle at the same fee and in the same manner as an annual motorcycle
state park permit, unless the all-terrain vehicle is being permitted annually as a second or
subsequent vehicle. The person operating the all-terrain vehicle must display the state park
permit on the all-terrain vehicle or carry the state park permit while operating the vehicle.
new text end

new text begin (b) By August 1, 2018, the commissioner of natural resources, in cooperation with
Roseau County and the Friends of Hayes Lake State Park, must designate campground areas
at Hayes Lake State Park and access routes to those campgrounds from nearby all-terrain
vehicle trails as accessible to all-terrain vehicles. The campground areas and access routes
designated must have been previously open to motorized vehicle use.
new text end

new text begin (c) Designations made under this section are not subject to the rulemaking provisions
of chapter 14, and section 14.386 does not apply.
new text end

new text begin (d) This section expires January 1, 2021.
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. 10.

Minnesota Statutes 2016, section 84.928, subdivision 2, is amended to read:


Subd. 2.

Operation generally.

A person may not drive or operate an all-terrain vehicle:

(1) at a rate of speed greater than reasonable or proper under the surrounding
circumstances;

(2) in a careless, reckless, or negligent manner so as to endanger or to cause injury or
damage to the person or property of another;

(3) without headlight and taillight lighted at all times if the vehicle is equipped with
headlight and taillight;

(4) without a functioning stoplight if so equipped;

(5) in a tree nursery or planting in a manner that damages or destroys growing stock;

(6) without a brake operational by either hand or foot;

(7) with more than one person on the vehicle, except as allowed under section 84.9257;

(8) at a speed exceeding ten miles per hour on the frozen surface of public waters within
100 feet of a person not on an all-terrain vehicle or within 100 feet of a fishing shelter;new text begin or
new text end

deleted text begin (9) with a snorkel device that has a raised air intake six inches or more above the vehicle
manufacturer's original air intake, except within the Iron Range Off-Highway Vehicle
Recreation Area as described in section 85.013, subdivision 12a, or other public off-highway
vehicle recreation areas; or
deleted text end

deleted text begin (10)deleted text end new text begin (9)new text end in a manner that violates operation rules adopted by the commissioner.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2017 Supplement, section 84D.03, subdivision 3, is amended
to read:


Subd. 3.

Bait harvest from infested waters.

(a) Taking wild animals from infested
waters for bait or aquatic farm purposes is prohibited except as provided in paragraph (b),
(c), or (d) and section 97C.341.

(b) In waters that are listed as infested waters, except those listed as infested with
prohibited invasive species of fish or certifiable diseases of fish, as defined under section
17.4982, subdivision 6, taking wild animals may be permitted for:

(1) commercial taking of wild animals for bait and aquatic farm purposes as provided
in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and

(2) bait purposes for noncommercial personal use in waters that contain Eurasian
watermilfoil, when the infested waters are listed solely because they contain Eurasian
watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not
exceeding 16 inches in diameter and 32 inches in length.

(c) In streams or rivers that are listed as infested waters, except those listed as infested
with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest
of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by
hook and line for noncommercial personal use is allowed as follows:

(1) fish taken under this paragraph must be used on the same body of water where caught
and while still on that water body. Where the river or stream is divided by barriers such as
dams, the fish must be caught and used on the same section of the river or stream;

(2) fish taken under this paragraph may not be transported live from or off the water
body;

(3) fish harvested under this paragraph may only be used in accordance with this section;

(4) any other use of wild animals used for bait from infested waters is prohibited;

(5) fish taken under this paragraph must meet all other size restrictions and requirements
as established in rules; and

(6) all species listed under this paragraph shall be included in the person's daily limit as
established in rules, if applicable.

(d) In the new text begin Minnesota River downstream of Granite Falls, the new text end Mississippi River
downstream of St. Anthony Fallsnew text begin ,new text end and the St. Croix River downstream of the dam at Taylors
Falls, including portions described as Minnesota-Wisconsin boundary waters in Minnesota
Rules, part 6266.0500, subpart 1, items A and B, the harvest of gizzard shad by cast net for
noncommercial personal use as bait for angling, as provided in a permit issued under section
84D.11, is allowed as follows:

(1) nontarget species must immediately be returned to the water;

(2) gizzard shad taken under this paragraph must be used on the same body of water
where caught and while still on that water body. Where the river is divided by barriers such
as dams, the gizzard shad must be caught and used on the same section of the river;

(3) gizzard shad taken under this paragraph may not be transported off the water body;
and

(4) gizzard shad harvested under this paragraph may only be used in accordance with
this section.

deleted text begin This paragraph expires December 1, 2017.
deleted text end

(e) Equipment authorized for minnow harvest in a listed infested water by permit issued
under paragraph (b) may not be transported to, or used in, any waters other than waters
specified in the permit.

(f) Bait intended for sale may not be held in infested water after taking and before sale,
unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from December 1, 2017.
new text end

Sec. 12.

Minnesota Statutes 2017 Supplement, section 84D.03, subdivision 4, is amended
to read:


Subd. 4.

Restrictions in infested and noninfested waters; commercial fishing and
turtle, frog, and crayfish harvesting.

(a) All nets, traps, buoys, anchors, stakes, and lines
used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that
is listed because it contains invasive fish, invertebrates, new text begin aquatic plants or aquatic macrophytes
other than Eurasian watermilfoil,
new text end or certifiable diseases, as defined in section 17.4982, must
be tagged with tags provided by the commissioner, as specified in the commercial licensee's
license or permit. Tagged gear must not be used in water bodies other than those specified
in the license or permit. Thenew text begin license ornew text end permit may authorize department staff to remove
tags deleted text begin after thedeleted text end new text begin fromnew text end gear deleted text begin isdeleted text end new text begin that has beennew text end decontaminatednew text begin according to a protocol specified
by the commissioner if use of the decontaminated gear in other water bodies would not pose
an unreasonable risk of harm to natural resources or the use of natural resources in the state
new text end .
This tagging requirement does not apply to commercial fishing equipment used in Lake
Superior.

(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle,
frog, or crayfish harvesting in an infested water that is listed solely because it contains
Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum
of two days before they are used in any other waters, except as provided in this paragraph.
Commercial licensees must notify the department's regional or area fisheries office or a
conservation officer before removing nets or equipment from an infested water listed solely
because it contains Eurasian watermilfoil and before resetting those nets or equipment in
any other waters. Upon notification, the commissioner may authorize a commercial licensee
to move nets or equipment to another water without freezing or drying, if that water is listed
as infested solely because it contains Eurasian watermilfoil.

(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment before placing the equipment into waters of the state.

(d) The commissioner shall provide a commercial licensee with a current listing of listed
infested waters at the time that a license or permit is issued.

Sec. 13.

Minnesota Statutes 2017 Supplement, section 84D.108, subdivision 2b, is amended
to read:


Subd. 2b.

Gull Lake pilot study.

(a) The commissioner may include an additional
targeted pilot study to include water-related equipment with zebra mussels attached for deleted text begin the
Gull Narrows State Water Access Site, Government Point State Water Access Site, and
Gull East State
deleted text end water access deleted text begin Sitedeleted text end new text begin sitesnew text end on Gull Lake (DNR Division of Waters number
11-0305) in Cass and Crow Wing Counties using the same authorities, general procedures,
and requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake
service providers participating in the Gull Lake targeted pilot study place of business must
be located in Cass or Crow Wing County.

(b) If an additional targeted pilot project for Gull Lake is implemented under this section,
the report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over natural resources required under Laws
2016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study
recommendations and assessments.

(c) This subdivision expires December 1, 2019.

Sec. 14.

Minnesota Statutes 2017 Supplement, section 84D.108, subdivision 2c, is amended
to read:


Subd. 2c.

Cross Lake pilot study.

(a) The commissioner may include an additional
targeted pilot study to include water-related equipment with zebra mussels attached for deleted text begin the
Cross Lake #1 State
deleted text end water access deleted text begin Sitedeleted text end new text begin sitesnew text end on Cross Lake (DNR Division of Waters number
18-0312) in Crow Wing County using the same authorities, general procedures, and
requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The place
of business of lake service providers participating in the Cross Lake targeted pilot study
must be located in Cass or Crow Wing County.

(b) If an additional targeted pilot project for Cross Lake is implemented under this
section, the report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over natural resources required under Laws
2016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot
study recommendations and assessments.

(c) This subdivision expires December 1, 2019.

Sec. 15.

Minnesota Statutes 2017 Supplement, section 85.0146, subdivision 1, is amended
to read:


Subdivision 1.

Advisory council created.

The Cuyuna Country State Recreation Area
Citizens Advisory Council is established. Membership on the advisory council shall include:

(1) a representative of deleted text begin the Cuyuna Range Mineland Recreation Area Joint Powers Boarddeleted text end new text begin
Cuyuna Range Economic Development Inc.
new text end ;

(2) a representative deleted text begin ofdeleted text end new text begin fornew text end the Croft Mine Historical Park deleted text begin Joint Powers Boarddeleted text end ;

(3) a deleted text begin designee of the Cuyuna Range Mineland Reclamation Committee who has worked
as a miner in the local area
deleted text end new text begin member at large appointed by the members of the councilnew text end ;

(4) a representative of the Crow Wing County Board;

(5) deleted text begin an elected state officialdeleted text end new text begin the state senator representing the state recreation areanew text end ;

(6) new text begin the member from the state house of representatives representing the state recreation
area;
new text end

new text begin (7) new text end a representative of the Grand Rapids regional office of the Department of Natural
Resources;

deleted text begin (7)deleted text end new text begin (8)new text end a designee of the commissioner of Iron Range resources and rehabilitation;

deleted text begin (8)deleted text end new text begin (9)new text end a designee of the local business community selected by the area chambers of
commerce;

deleted text begin (9)deleted text end new text begin (10)new text end a designee of the local environmental community selected by the Crow Wing
County District 5 commissioner;

deleted text begin (10)deleted text end new text begin (11)new text end a designee of a local education organization selected by the Crosby-Ironton
School Board;

deleted text begin (11)deleted text end new text begin (12)new text end a designee of one of the recreation area user groups selected by the Cuyuna
Range Chamber of Commerce; and

deleted text begin (12)deleted text end new text begin (13)new text end a member of the Cuyuna Country Heritage Preservation Society.

Sec. 16.

Minnesota Statutes 2016, section 86B.005, subdivision 8a, is amended to read:


Subd. 8a.

Marine carbon monoxide detection system.

"Marine carbon monoxide
detection system" means a device or system deleted text begin that meets the requirements of the American
Boat and Yacht Council Standard A-24, July, 2015, for carbon monoxide detection systems.
deleted text end new text begin
for detecting carbon monoxide that is certified by a nationally recognized testing laboratory
to conform to current UL Standards for use on recreational boats.
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. 17.

Minnesota Statutes 2016, section 86B.532, subdivision 1, is amended to read:


Subdivision 1.

Requirementsnew text begin ; installationnew text end .

(a) No motorboat that has an enclosed
accommodation compartment may be operated on any waters of the state unless the motorboat
is equipped with a functioning marine carbon monoxide detection system installed according
to the manufacturer's instructionsnew text begin and this subdivisionnew text end .

(b) deleted text begin After May 1, 2017,deleted text end No new motorboat that has an enclosed accommodation
compartment may be sold or offered for sale in Minnesota unless the motorboat is equipped
with a new functioning marine carbon monoxide detection system installed according to
the manufacturer's instructionsnew text begin and this subdivisionnew text end .

new text begin (c) A marine carbon monoxide detection system must be located:
new text end

new text begin (1) to monitor the atmosphere of the enclosed accommodation compartment; and
new text end

new text begin (2) within ten feet or 3.048 meters of any designated sleeping accommodations.
new text end

new text begin (d) A marine carbon monoxide detection system, including a sensor, must not be located
within five feet or 1.52 meters of any cooking appliance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 1, 2018.
new text end

Sec. 18.

Minnesota Statutes 2016, section 88.10, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Wildland firefighters; training and licensing. new text end

new text begin Forest officers and all
individuals employed as wildland firefighters under this chapter are not subject to the
requirements of chapter 299N.
new text end

Sec. 19.

Minnesota Statutes 2016, section 88.75, subdivision 1, is amended to read:


Subdivision 1.

Misdemeanor offenses; damages; injunctive relief.

new text begin (a) new text end Any person
who violates any of the provisions of sections 88.03 to 88.22 for which no specific penalty
is therein prescribed shall be guilty of a misdemeanor and be punished accordingly.

new text begin (b) new text end Failure by any person to comply with any provision or requirement of sections 88.03
to 88.22 to which such person is subject shall be deemed a violation thereof.

new text begin (c) new text end Any person who violates deleted text begin any provisions ofdeleted text end sections 88.03 to 88.22, in addition to
any penalties therein prescribed, or hereinbefore in this section prescribed, for such violation,
shall also be liable in full damages to any and every person suffering loss or injury by reason
of such violation, including liability to the state, and any of its political subdivisions, for
all expenses incurred in fighting or preventing the spread of, or extinguishing, any fire
caused by, or resulting from, any violation of these sections.new text begin Notwithstanding any statute
to the contrary, an attorney who is licensed to practice law in Minnesota and is an employee
of the Department of Natural Resources may represent the commissioner in proceedings
under this subdivision that are removed to district court from conciliation court.
new text end All expenses
so collected by the state shall be deposited in the general fund. When a fire set by any person
spreads to and damages or destroys property belonging to another, the setting of the fire
shall be prima facie evidence of negligence in setting and allowing the same to spread.

new text begin (d) new text end At any time the state, or any political subdivision thereof, either of its own motion,
or at the suggestion or request of the director, may bring an action in any court of competent
jurisdiction to restrain, enjoin, or otherwise prohibit any violation of sections 88.03 to 88.22,
whether therein described as a crime or not, and likewise to restrain, enjoin, or prohibit any
person from proceeding further in, with, or at any timber cutting or other operations without
complying with the provisions of those sections, or the requirements of the director pursuant
thereto; and the court may grant such relief, or any other appropriate relief, whenever it
shall appear that the same may prevent loss of life or property by fire, or may otherwise aid
in accomplishing the purposes of sections 88.03 to 88.22.

Sec. 20.

Minnesota Statutes 2016, section 89.551, is amended to read:


89.551 APPROVED FIREWOOD REQUIRED.

(a) After the commissioner issues an order under paragraph (b), a person may not possess
firewood on land administered by the commissioner of natural resources unless the firewood:

(1) was obtained from a firewood distribution facility located on land administered by
the commissioner;

(2) was obtained from a firewood dealer who is selling firewood that is approved by the
commissioner under paragraph (b); or

(3) has been approved by the commissioner of natural resources under paragraph (b).

(b) The commissioner of natural resources shall, by written order published in the State
Register, approve firewood for possession on lands administered by the commissioner. The
order is not subject to the rulemaking provisions of chapter 14new text begin ,new text end and section 14.386 does not
apply.

(c) A violation under this section is subject to confiscation of firewood deleted text begin and after May
1, 2008, confiscation
deleted text end and a $100 penalty. deleted text begin A firewood dealer shall be subject to confiscation
and assessed a $100 penalty for each sale of firewood not approved under the provisions
of this section and sold for use on land administered by the commissioner.
deleted text end

(d) For the purposes of this section, "firewood" means any wood that is intended for use
in a campfire, as defined in section 88.01, subdivision 25.

Sec. 21.

Minnesota Statutes 2016, section 97A.051, subdivision 2, is amended to read:


Subd. 2.

Summary of fish and game laws.

(a) The commissioner shall prepare a
summary of the hunting and fishing laws and rules and deliver a sufficient supply to license
vendors deleted text begin to furnish one copy to each person obtaining a hunting, fishing, or trapping licensedeleted text end .

(b) At the beginning of the summary, under the heading "Trespass," the commissioner
shall summarize the trespass provisions under sections 97B.001 to 97B.945, state that
conservation officers and peace officers must enforce the trespass laws, and state the penalties
for trespassing.

(c) In the summary the commissioner shall, under the heading "Duty to Render Aid,"
summarize the requirements under section 609.662 and state the penalties for failure to
render aid to a person injured by gunshot.

Sec. 22.

Minnesota Statutes 2017 Supplement, section 97A.075, subdivision 1, is amended
to read:


Subdivision 1.

Deer, bear, and lifetime licenses.

(a) For purposes of this subdivision,
"deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5),
(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and
8, paragraph (b), and licenses issued under section 97B.301, subdivision 4.

(b) new text begin $16 from each annual deer license issued under section 97A.475, subdivisions 2,
clauses (5), (6), and (7); 3, paragraph (a), clauses (2), (3), and (4); and 8, paragraph (b);
new text end $2
from each annual deer license deleted text begin and $2deleted text end new text begin issued under sections 97A.475, subdivisions 2, clauses
(13), (14), and (15); and 3, paragraph (a), clauses (10), (11), and (12); and 97B.301,
subdivision 4; $16
new text end annually from the lifetime fish and wildlife trust fund, established in
section 97A.4742, for each license issued new text begin to a person 18 years of age or older new text end under section
97A.473, subdivision 4deleted text begin ,deleted text end new text begin ; and $2 annually from the lifetime fish and wildlife trust fund for
each license issued to a person under 18 years of age under section 97A.473, subdivision
4,
new text end shall be credited to the deer management account deleted text begin and is appropriated to the commissioner
for deer habitat improvement or deer management programs
deleted text end .new text begin The deer management account
is established as an account in the game and fish fund and may be used only for deer habitat
improvement or deer management programs.
new text end

(c) $1 from each annual deer license and each bear license and $1 annually from the
lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued
under section 97A.473, subdivision 4, shall be credited to the deer and bear management
account and is appropriated to the commissioner for deer- and bear-management programs,
including a computerized licensing system.

(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild
Cervidae health-management account and is appropriated for emergency deer feeding and
wild Cervidae health management. Money appropriated for emergency deer feeding and
wild Cervidae health management is available until expended.

When the unencumbered balance in the appropriation for emergency deer feeding and
wild Cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
unencumbered balance in excess of $2,500,000 is canceled and available for deer- and
bear-management programs and computerized licensing.

Sec. 23.

new text begin [97A.409] VOTER REGISTRATION INFORMATION.
new text end

new text begin (a) On the Department of Natural Resources online license sales Web site for purchasing
a resident license to hunt or fish that is required under the game and fish laws, the
commissioner must include the voter registration eligibility requirements and a description
of how to register to vote before or on election day. On the Web page where an individual
has the option to print a license to hunt or fish, the commissioner must include a direct link
to the secretary of state's online voter registration Web page.
new text end

new text begin (b) In the printed and digital versions of fishing regulations and hunting and trapping
regulations, the commissioner must include the voter registration eligibility requirements,
a description of how to register to vote before or on election day, and a link to the secretary
of state's online voter registration Web page. In addition, the commissioner must include a
voter registration application in the printed and digital versions of fishing regulations and
hunting and trapping regulations.
new text end

new text begin (c) The secretary of state must provide the required voter registration information to the
commissioner. The secretary of state must prepare and approve an alternate form of the
voter registration application to be used in the regulations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective August 1, 2018, and applies to licenses
issued on or after March 1, 2019. Paragraph (b) is effective August 1, 2018, and applies to
printed and digital versions of regulations updated on or after that date.
new text end

Sec. 24.

Minnesota Statutes 2016, section 97A.433, subdivision 4, is amended to read:


Subd. 4.

Discretionary separate selection; eligibility.

(a) The commissioner may
conduct a separate selection for up to 20 percent of the elk licenses to be issued for an area.
Only owners of, and tenants living on, at least 160 acres of agricultural or grazing land in
the area, and their family members, are eligible for the separate selection. Persons that are
unsuccessful in a separate selection must be included in the selection for the remaining
licenses. Persons who obtain an elk license in a separate selection deleted text begin must allow public elk
hunting on their land during the elk season for which the license is valid
deleted text end new text begin may sell the license
to any Minnesota resident eligible to hunt big game for no more than the original cost of
the license
new text end .

(b) The commissioner may by rule establish criteria for determining eligible family
members under this subdivision.

Sec. 25.

Minnesota Statutes 2016, section 97A.433, subdivision 5, is amended to read:


Subd. 5.

Mandatory separate selection.

The commissioner must conduct a separate
selection for 20 percent of the elk licenses to be issued each year. Only individuals who
have applied at least ten times for an elk license and who have never received a license are
eligible for this separate selection.new text begin A person who is unsuccessful in a separate selection
under this subdivision must be included in the selection for the remaining licenses.
new text end

Sec. 26.

Minnesota Statutes 2016, section 97A.56, subdivision 2, is amended to read:


Subd. 2.

Prohibited actions; penalty.

(a) A person may not deleted text begin possess ordeleted text end release feral
swine or swine that were feral during any part of the swine's lifetime or allow feral swine
to run at large.new text begin Except as provided under paragraph (b), a person may not possess feral
swine or swine that were feral during any part of the swine's lifetime.
new text end

(b) A person may not hunt or trap feral swine, except as authorized by the commissioner
for feral swine control or eradication. It is not a violation of this section if a person shoots
a feral swine and reports the taking to the commissioner within 24 hours. All swine taken
in this manner must be surrendered to the commissionernew text begin unless the commissioner authorizes
the person to keep the swine
new text end .

(c) A person who violates this subdivision is guilty of a misdemeanor.

Sec. 27.

Minnesota Statutes 2016, section 97B.015, subdivision 6, is amended to read:


Subd. 6.

Provisional certificate for persons with new text begin permanent physical or
new text end developmental disability.

Upon the recommendation of a course instructor, the
commissioner may issue a provisional firearms safety certificate to a person who satisfactorily
completes the classroom portion of the firearms safety course but is unable to pass the
written or an alternate format exam portion of the course because of new text begin a permanent physical
disability or
new text end developmental disability as defined in section 97B.1055, subdivision 1. The
certificate is valid only when used according to section 97B.1055.

Sec. 28.

Minnesota Statutes 2016, section 97B.081, subdivision 3, is amended to read:


Subd. 3.

Exceptions.

(a) It is not a violation of this section for a person to:

(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons
according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;

(2) hunt fox or coyote from January 1 to March 15 while using deleted text begin a handhelddeleted text end new text begin annew text end artificial
light, provided that the person is:

(i) on foot;

(ii) using a shotgun;

(iii) not within a public road right-of-way;

(iv) using a handheld or electronic calling device; and

(v) not within 200 feet of a motor vehicle; or

(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game
animals, provided that the person is:

(i) on foot; and

(ii) not in possession of a firearm or bow.

(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight,
headlight, or other artificial light to:

(1) carry out any agricultural, safety, emergency response, normal vehicle operation, or
occupation-related activities that do not involve taking wild animals; or

(2) carry out outdoor recreation as defined in section 97B.001 that is not related to
spotting, locating, or taking a wild animal.

(c) Except as otherwise provided by the game and fish laws, it is not a violation of this
section for a person to use an electronic range finder device from one-half hour before
sunrise until one-half hour after sunset while lawfully hunting wild animals.

(d) It is not a violation of this section for a licensed bear hunter to cast the rays of a
handheld artificial light to track or retrieve a wounded or dead bear while possessing a
firearm, provided that the person:

(1) has the person's valid bear-hunting license in possession;

(2) is on foot; and

(3) is following the blood trail of a bear that was shot during legal shooting hours.

Sec. 29.

Minnesota Statutes 2016, section 97B.1055, is amended to read:


97B.1055 HUNTING BY PERSONS WITH new text begin A PERMANENT PHYSICAL OR
new text end DEVELOPMENTAL DISABILITY.

Subdivision 1.

Definitions.

For purposes of this section and section 97B.015, subdivision
6
deleted text begin ,deleted text end new text begin :
new text end

new text begin (1)new text end "person with developmental disability" means a person who has been diagnosed as
having substantial limitations in present functioning, manifested as significantly subaverage
intellectual functioning, existing concurrently with demonstrated deficits in adaptive behavior,
and who manifests these conditions before the person's 22nd birthdaydeleted text begin .deleted text end new text begin ;
new text end

deleted text begin Adeleted text end new text begin (2) "new text end person with a related conditionnew text begin "new text end means a person who meets the diagnostic
definition under section 252.27, subdivision 1adeleted text begin .deleted text end new text begin ; and
new text end

new text begin (3) "person with a permanent physical disability" means a person who has a physical
disability that prevents them from being able to navigate natural terrain or hold a firearm
for the purpose of a required field component for the firearms safety training program under
section 97B.020.
new text end

Subd. 2.

Obtaining a license.

(a) Notwithstanding section 97B.020, a person with new text begin a
permanent physical disability or
new text end developmental disability may obtain a firearms hunting
license with a provisional firearms safety certificate issued under section 97B.015,
subdivision 6
.

(b) Any person accompanying or assisting a person with new text begin a permanent physical disability
or
new text end developmental disability under this section must possess a valid firearms safety certificate
issued by the commissioner.

Subd. 3.

Assistance required.

A person who obtains a firearms hunting license under
subdivision 2 must be accompanied and assisted by a parent, guardian, or other adult person
designated by a parent or guardian when hunting. A person who is not hunting but is solely
accompanying and assisting a person with new text begin a permanent physical disability or new text end developmental
disability need not obtain a hunting license.

Subd. 4.

Prohibited activities.

(a) This section does not entitle a person to possess a
firearm if the person is otherwise prohibited from possessing a firearm under state or federal
law or a court order.

(b) No person shall knowingly authorize or permit a person, who by reason of new text begin a permanent
physical disability or
new text end developmental disability is incapable of safely possessing a firearm,
to possess a firearm to hunt in the state or on any boundary water of the state.

Sec. 30.

Minnesota Statutes 2016, section 97C.345, subdivision 3a, is amended to read:


Subd. 3a.

Cast nets for gizzard shad.

(a) Cast nets may be used only to take gizzard
shad for use as bait for angling:

(1) from July 1 to November 30; and

(2) from the new text begin Minnesota River downstream of Granite Falls, new text end Mississippi River downstream
of St. Anthony Fallsnew text begin ,new text end and the St. Croix River downstream of the dam at Taylors Falls,
including portions described as Minnesota-Wisconsin boundary waters in Minnesota Rules,
part 6266.0500, subpart 1, items A and B, that are listed as infested waters as allowed under
section 84D.03, subdivision 3.

(b) Cast nets used under this subdivision must be monofilament and may not exceed
deleted text begin sevendeleted text end new text begin fivenew text end feet in deleted text begin diameterdeleted text end new text begin radiusnew text end , and mesh size must be from three-eighths to five-eighths
inch bar measure.new text begin No more than two cast nets may be used at one time.
new text end

deleted text begin (c) This subdivision expires December 1, 2017. The commissioner must report to the
chairs and ranking minority members of the house of representatives and senate committees
with jurisdiction over environment and natural resources by March 1, 2018, on the number
of permits issued, conservation impacts from the use of cast nets, and recommendations for
any necessary changes in statutes or rules.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from December 1, 2017.
new text end

Sec. 31.

Minnesota Statutes 2016, section 103B.3369, subdivision 5, is amended to read:


Subd. 5.

Financial assistance.

A base grantnew text begin , contract, or paymentnew text end may be awarded to a
countynew text begin or other local unit of governmentnew text end that provides a match utilizing a water
implementation tax or other local source. A water implementation tax that a countynew text begin or other
local unit of government
new text end intends to use as a match to the base grant must be levied at a rate
sufficient to generate a minimum amount determined by the board. The board may award
performance-basednew text begin or watershed-basednew text end grantsnew text begin , contracts, or paymentsnew text end to local units of
government that are responsible for implementing elements of applicable portions of
watershed management plans, comprehensive plans, local water management plans, or
comprehensive watershed management plans, developed or amended, adopted and approved,
according to chapter 103B, 103C, or 103D. Upon request by a local government unit, the
board may also award performance-based grants to local units of government to carry out
TMDL implementation plans as provided in chapter 114D, if the TMDL implementation
plan has been incorporated into the local water management plan according to the procedures
for approving comprehensive plans, watershed management plans, local water management
plans, or comprehensive watershed management plans under chapter 103B, 103C, or 103D,
or if the TMDL implementation plan has undergone a public review process. Notwithstanding
section 16A.41, the board may award deleted text begin performance-baseddeleted text end grantsnew text begin , contracts, or paymentsnew text end on
an advanced basis. The fee authorized in section 40A.152 may be used as a local match or
as a supplement to state funding to accomplish implementation of comprehensive plans,
watershed management plans, local water management plans, or comprehensive watershed
management plans under this chapter and chapter 103C or 103D.

Sec. 32.

Minnesota Statutes 2016, section 103B.3369, subdivision 9, is amended to read:


Subd. 9.

deleted text begin Performance-baseddeleted text end Criteria.

new text begin (a) new text end The board deleted text begin shalldeleted text end new text begin mustnew text end develop and utilize
performance-based criteria for local water resources restoration, protection, and management
programs and projects. The criteria may include but are not limited to science-based
assessments, organizational capacity, priority resource issues, community outreach and
support, partnership potential, potential for multiple benefits, and program and project
delivery efficiency and effectiveness.

new text begin (b) Notwithstanding paragraph (a), the board may develop and utilize eligibility criteria
for base amounts of state funding to local governments.
new text end

Sec. 33.

Minnesota Statutes 2016, section 103B.3369, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Red River Basin Commission. new text end

new text begin (a) The board may provide information and
technical or financial support to the Red River Basin Commission in furtherance of the
watershed management policy under section 103A.212.
new text end

new text begin (b) For the purposes of this subdivision, "Red River Basin Commission" means a Red
River of the North transboundary, nonprofit corporation organized under section 501(c)(3)
of the Internal Revenue Code and respective bylaws with the purpose of facilitating
transboundary and basin-wide dialogue; consulting with citizens, land users, organizations,
and governments; and coordinating basin-wide interstate and international efforts on water
management including but not limited to flood mitigation, water quality, water supply,
drainage, aquatic health, and recreation.
new text end

Sec. 34.

Minnesota Statutes 2016, section 103B.801, subdivision 2, is amended to read:


Subd. 2.

Program purposes.

The purposes of the comprehensive watershed management
plan program under section 103B.101, subdivision 14, paragraph (a), are to:

(1) align local water planning purposes and procedures under this chapter and chapters
103C and 103D on watershed boundaries to create a systematic, watershed-wide,
science-based approach to watershed management;

(2) acknowledge and build off existing local government structure, water plan services,
and local capacity;

(3) incorporate and make use of data and information, including watershed restoration
and protection strategies under section 114D.26new text begin , which may serve to fulfill all or some of
the requirements under chapter 114D
new text end ;

(4) solicit input and engage experts from agencies, citizens, and stakeholder groups;

(5) focus on implementation of prioritized and targeted actions capable of achieving
measurable progress; and

(6) serve as a substitute for a comprehensive plan, local water management plan, or
watershed management plan developed or amended, approved, and adopted, according to
this chapter or chapter 103C or 103D.

Sec. 35.

Minnesota Statutes 2016, section 103B.801, subdivision 5, is amended to read:


Subd. 5.

Timelines; administration.

(a) The board shall develop and adopt, by June
30, 2016, a transition plan for development, approval, adoption, and coordination of plans
consistent with section 103A.212. The transition plan must include a goal of completing
statewide transition to comprehensive watershed management plans by 2025. The
metropolitan area may be considered for inclusion in the transition plan.new text begin The board may
amend the transition plan no more often than once every two years.
new text end

(b) The board may use the authority under section 103B.3369, subdivision 9, to support
development or implementation of a comprehensive watershed management plan under this
section.

Sec. 36.

Minnesota Statutes 2016, section 103E.021, subdivision 6, is amended to read:


Subd. 6.

Incremental deleted text begin implementationdeleted text end new text begin establishmentnew text end of vegetated ditch buffer strips
and side inlet controls.

(a) Notwithstanding other provisions of this chapter requiring
appointment of viewers and redetermination of benefits and damages, a drainage authority
may deleted text begin implementdeleted text end new text begin make findings and order the establishment ofnew text end permanent buffer strips of
perennial vegetation deleted text begin approved by the drainage authoritydeleted text end or side inlet controls, or both,
adjacent to a public drainage ditch, where necessary to control erosion and sedimentation,
improve water quality, or maintain the efficiency of the drainage system. new text begin The drainage
authority's finding that the establishment of permanent buffer strips of perennial vegetation
or side inlet controls is necessary to control erosion and sedimentation, improve water
quality, or maintain the efficiency of the drainage system is sufficient to confer jurisdiction
under this subdivision.
new text end Preference should be given to planting native species of a local
ecotype. The approved perennial vegetation shall not impede future maintenance of the
ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width measured
outward from the top edge of the existing constructed channel. Drainage system rights-of-way
for the acreage and additional property required for the permanent strips must be acquired
by the authority having jurisdiction.

(b) A project under this subdivision shall be implemented as a repair according to section
103E.705, except that the drainage authority may appoint an engineer to examine the drainage
system and prepare an engineer's repair report for the project.

(c) Damages shall be determined by the drainage authority, or viewers, appointed by
the drainage authority, according to section 103E.315, subdivision 8. A damages statement
shall be prepared, including an explanation of how the damages were determined for each
property affected by the project, and filed with the auditor or watershed district. Within 30
days after the damages statement is filed, the auditor or watershed district shall prepare
property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2), (6),
(7), and (8), and mail a copy of the property owner's report and damages statement to each
owner of property affected by the proposed project.

(d) After a damages statement is filed, the drainage authority shall set a time, by order,
not more than 30 days after the date of the order, for a hearing on the project. At least ten
days before the hearing, the auditor or watershed district shall give notice by mail of the
time and location of the hearing to the owners of property and political subdivisions likely
to be affected by the project.

(e) The drainage authority shall make findings and order the repairs to be made if the
drainage authority determines from the evidence presented at the hearing and by the viewers
and engineer, if appointed, that the repairs are necessary for the drainage system and the
costs of the repairs are within the limitations of section 103E.705.

Sec. 37.

Minnesota Statutes 2016, section 103E.071, is amended to read:


103E.071 COUNTY ATTORNEY.

The county attorney shall represent the county in all drainage proceedings and related
matters without special compensationnew text begin , except as provided in section 388.09, subdivision 1new text end .
A county attorney, the county attorney's assistant, or any attorney associated with the county
attorney in business, may not otherwise appear in any drainage proceeding for any interested
person.

Sec. 38.

Minnesota Statutes 2016, section 103G.2242, subdivision 14, is amended to read:


Subd. 14.

Fees established.

(a) Fees must be assessed for managing wetland bank
accounts and transactions as follows:

(1) account maintenance annual fee: one percent of the value of credits not to exceed
$500;

(2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not to
exceed $1,000 per establishment, deposit, or transfer; and

(3) withdrawal fee: 6.5 percent of the value of credits withdrawn.

(b) The board deleted text begin maydeleted text end new text begin mustnew text end establish fees deleted text begin at ordeleted text end new text begin based on costs to the agencynew text end below the
amounts in paragraph (a) for single-user or other dedicated wetland banking accounts.

(c) Fees for single-user or other dedicated wetland banking accounts established pursuant
to section 103G.005, subdivision 10i, clause (4), are limited to establishment of a wetland
banking account and are assessed at the rate of 6.5 percent of the value of the credits not to
exceed $1,000.

(d) The board may assess a fee to pay the costs associated with establishing conservation
easements, or other long-term protection mechanisms prescribed in the rules adopted under
subdivision 1, on property used for wetland replacement.

Sec. 39.

Minnesota Statutes 2017 Supplement, section 103G.271, subdivision 7, is amended
to read:


Subd. 7.

Transfer of permit.

A water-use permit may be transferred to a successive
owner of real property if the permittee conveys the real property where the source of water
is located. The new owner must notify the commissioner immediately after the conveyance
and request transfer of the permit. The commissioner must not deny the transfer of a permit
if the permittee is in compliance with all permit conditions and the permit meets the
requirements of sections 103G.255 to 103G.301.new text begin The commissioner may not require
additional conditions or require additional testing when transferring a permit.
new text end

Sec. 40.

new text begin [103G.276] IRRIGATION TEST WELLS.
new text end

new text begin If the commissioner requires installation of a test well for a water appropriation permit
for irrigation and denies the permit, the commissioner must pay the costs of the well.
new text end

Sec. 41.

Minnesota Statutes 2016, section 103G.287, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Management plans. new text end

new text begin (a) Before the commissioner approves a management plan
or modification to a management plan for appropriating groundwater that restricts water
usage in the area, the commissioner must demonstrate to affected permit holders that any
data used to make the decision to restrict the usage supports or verifies the decision.
new text end

new text begin (b) Before the commissioner approves a management plan or modification to a
management plan for appropriating groundwater, the commissioner must consider the
economic impact of the plan or modification.
new text end

Sec. 42.

Minnesota Statutes 2016, section 114D.15, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Comprehensive local water management plan. new text end

new text begin "Comprehensive local water
management plan" has the meaning given under section 103B.3363, subdivision 3.
new text end

Sec. 43.

Minnesota Statutes 2016, section 114D.15, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Comprehensive watershed management plan. new text end

new text begin "Comprehensive watershed
management plan" has the meaning given under section 103B.3363, subdivision 3a.
new text end

Sec. 44.

Minnesota Statutes 2016, section 114D.15, subdivision 7, is amended to read:


Subd. 7.

Restoration.

"Restoration" means actionsdeleted text begin , including effectiveness monitoring,
that are
deleted text end taken tonew text begin pursue,new text end achievenew text begin ,new text end and maintain water quality standards for impaired waters
deleted text begin in accordance with a TMDL that has been approved by the United States Environmental
Protection Agency under federal TMDL requirements
deleted text end .

Sec. 45.

Minnesota Statutes 2016, section 114D.15, subdivision 11, is amended to read:


Subd. 11.

TMDL implementation plan.

"TMDL implementation plan" meansnew text begin :
new text end

new text begin (1)new text end a document detailing restoration activities needed to meet the approved TMDL's
pollutant load allocations for point and nonpoint sourcesdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (2) one of the following that the commissioner of the Pollution Control Agency
determines to be, in whole or part, sufficient to meet applicable water quality standards:
new text end

new text begin (i) a comprehensive watershed management plan;
new text end

new text begin (ii) a comprehensive local water management plan; or
new text end

new text begin (iii) an existing statewide or regional strategy published by the Pollution Control Agency.
new text end

Sec. 46.

Minnesota Statutes 2016, section 114D.15, subdivision 13, is amended to read:


Subd. 13.

Watershed restoration and protection strategy or WRAPS.

"Watershed
restoration and protection strategy" or "WRAPS" means a document summarizing scientific
studies of a major watershed deleted text begin no larger thandeleted text end new text begin at approximatelynew text end a hydrologic unit code 8new text begin scalenew text end
including the physical, chemical, and biological assessment of the water quality of the
watershed; identification of impairments and water bodies in need of protection; identification
of biotic stressors and sources of pollution, both point and nonpoint; TMDL's for the
impairments; and deleted text begin an implementation table containingdeleted text end new text begin information to supportnew text end strategies deleted text begin and
actions
deleted text end designed to achieve and maintain water quality standards and goals.

Sec. 47.

Minnesota Statutes 2016, section 114D.20, subdivision 2, is amended to read:


Subd. 2.

Goals for implementation.

The following goals must guide the implementation
of this chapter:

(1) to identify impaired waters in accordance with federal TMDL requirements deleted text begin within
ten years after May 23, 2006,
deleted text end and deleted text begin thereafterdeleted text end to ensure continuing evaluation of surface
waters for impairments;

(2) to submit TMDL's to the United States Environmental Protection Agency deleted text begin for all
impaired waters
deleted text end in a timely manner in accordance with federal TMDL requirements;

(3) to deleted text begin set a reasonable timedeleted text end new text begin inform and support strategiesnew text end for implementing restoration
deleted text begin of each identified impaired waterdeleted text end new text begin and protection activities in a reasonable time periodnew text end ;

(4)new text begin to systematically evaluate waters,new text end to provide assistance and incentives to prevent
waters from becoming impairednew text begin ,new text end and to improve the quality of waters that are listed as
impaired deleted text begin but do not have an approved TMDL addressing the impairmentdeleted text end ;

(5) to promptly seek the delisting of waters from the impaired waters list when those
waters are shown to achieve the designated uses applicable to the waters;

(6) to achieve compliance with federal Clean Water Act requirements in Minnesota;

(7) to support effective measures to prevent the degradation of groundwater according
to the groundwater degradation prevention goal under section 103H.001; and

(8) to support effective measures to restore degraded groundwater.

Sec. 48.

Minnesota Statutes 2016, section 114D.20, subdivision 3, is amended to read:


Subd. 3.

Implementation policies.

The following policies must guide the implementation
of this chapter:

(1) develop regional deleted text begin anddeleted text end new text begin , multiple pollutant, ornew text end watershed TMDL's deleted text begin and TMDL
implementation plans, and TMDL's and TMDL implementation plans for multiple pollutants
deleted text end new text begin
or WRAPSs
new text end , where reasonable and feasible;

(2) maximize use of available organizational, technical, and financial resources to perform
sampling, monitoring, and other activities to identify degraded groundwater and impaired
waters, including use of citizen monitoring and citizen monitoring data used by the Pollution
Control Agency in assessing water quality that meets the requirements deleted text begin in Appendix D of
the Volunteer Surface Water Monitoring Guide, Minnesota
deleted text end new text begin established by the commissioner
of the
new text end Pollution Control Agency deleted text begin (2003)deleted text end ;

(3) maximize opportunities for restoration of degraded groundwater and impaired waters,
by prioritizing and targeting of available programmatic, financial, and technical resources
and by providing additional state resources to complement and leverage available resources;

(4) use existing regulatory authorities to achieve restoration for point and nonpoint
sources of pollution where applicable, and promote the development and use of effective
nonregulatory measures to address pollution sources for which regulations are not applicable;

(5) use restoration methods that have a demonstrated effectiveness in reducing
impairments and provide the greatest long-term positive impact on water quality protection
and improvement and related conservation benefits while incorporating innovative approaches
on a case-by-case basis;

(6) identify for the legislature any innovative approaches that may strengthen or
complement existing programs;

(7) identify and encourage implementation of measures to prevent surface waters from
becoming impaired and to improve the quality of waters that are listed as impaired but have
no approved TMDL addressing the impairment using the best available data and technology,
and establish and report outcome-based performance measures that monitor the progress
and effectiveness of protection and restoration measures;

(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
amount up to 150 percent of the financial assistance received for failure to comply; and

(9) identify and encourage implementation of measures to prevent groundwater from
becoming degraded and measures that restore groundwater resources.

Sec. 49.

Minnesota Statutes 2016, section 114D.20, subdivision 5, is amended to read:


Subd. 5.

Priorities for preparingnew text begin WRAPSs ANDnew text end TMDL's.

new text begin In consultation with new text end the
Clean Water Council deleted text begin shall recommenddeleted text end new text begin , the commissioner of the Pollution Control Agency
must coordinate with the commissioners of natural resources, health, and agriculture, the
Board of Water and Soil Resources, and, when applicable, the Minnesota Forest Resources
Council to establish
new text end priorities for scheduling and preparingnew text begin WRAPSs andnew text end TMDL's deleted text begin and
TMDL implementation plans, taking into account
deleted text end new text begin , consideringnew text end the severitynew text begin and causesnew text end of
deleted text begin the impairmentdeleted text end new text begin impairmentsnew text end , the designated uses of deleted text begin thosedeleted text end new text begin thenew text end waters, deleted text begin and otherdeleted text end applicable
federal TMDL requirementsdeleted text begin . In recommending priorities, the council shall also give
Consideration to
deleted text end new text begin , groundwater and high-qualitynew text end waters and deleted text begin watershedsdeleted text end new text begin watershed protection,
waters and watersheds with declining water quality trends, waters used as drinking water
sources, and waters and watersheds
new text end :

(1) with impairments that pose the greatest potential risk to human health;

(2) with impairments that pose the greatest potential risk to threatened or endangered
species;

(3) with impairments that pose the greatest potential risk to aquatic health;

(4) where other public agencies and participating organizations and individuals, especially
local, deleted text begin basinwidedeleted text end new text begin basin-widenew text end , watershed, or regional agencies or organizations, have
demonstrated readiness to assist in carrying out the responsibilities, including availability
and organization of human, technical, and financial resources necessary to undertake the
work; and

(5) where there is demonstrated coordination and cooperation among cities, counties,
watershed districts, and soil and water conservation districts in planning and implementation
of activities that will assist in carrying out the responsibilities.

Sec. 50.

Minnesota Statutes 2016, section 114D.20, subdivision 7, is amended to read:


Subd. 7.

Priorities for funding prevention actions.

The Clean Water Council shall
apply the priorities applicable under subdivision 6, as far as practicable, when recommending
priorities for funding actions to prevent groundwater and surface waters from becoming
degraded or impaired and to improve the quality of surface waters that are listed as impaired
deleted text begin but do not have an approved TMDLdeleted text end .

Sec. 51.

Minnesota Statutes 2016, section 114D.20, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Alternatives; TMDL, TMDL implementation plan, or WRAPS. new text end

new text begin (a) If the
commissioner of the Pollution Control Agency determines that a comprehensive watershed
management plan or comprehensive local water management plan contains information that
is sufficient and consistent with guidance from the United States Environmental Protection
Agency, including the recommended structure for category 4b demonstrations or its
replacement under section 303(d) of the federal Clean Water Act, the commissioner may
submit the plan to the Environmental Protection Agency according to federal TMDL
requirements as an alternative to developing a TMDL.
new text end

new text begin (b) A TMDL implementation plan or a WRAPS, or portions thereof, are not needed for
waters or watersheds when the commissioner of the Pollution Control Agency determines
that a comprehensive watershed management plan, a comprehensive local water management
plan, or a statewide or regional strategy published by the Pollution Control Agency meets
the definition in section 114D.15, subdivision 11 or 13.
new text end

new text begin (c) The commissioner of the Pollution Control Agency may request that the Board of
Water and Soil Resources conduct an evaluation of the implementation efforts under a
comprehensive watershed management plan or comprehensive local water management
plan when the commissioner makes a determination under paragraph (b). The board must
conduct the evaluation in accordance with section 103B.102.
new text end

new text begin (d) The commissioner of the Pollution Control Agency may amend or revoke a
determination made under paragraph (a) or (b) after considering the evaluation conducted
under paragraph (c).
new text end

Sec. 52.

Minnesota Statutes 2016, section 114D.20, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Coordinating municipal and local water quality activities. new text end

new text begin A project, practice,
or program for water quality improvement or protection that is conducted by a watershed
management organization or a local government unit with a comprehensive watershed
management plan or other water management plan approved according to chapter 103B,
103C, or 103D may be considered as contributing to the requirements of a storm water
pollution prevention plan (SWPPP) for a municipal separate storm sewer systems (MS4)
permit unless the project, practice, or program was previously documented as contributing
to a different SWPPP for an MS4 permit.
new text end

Sec. 53.

Minnesota Statutes 2016, section 114D.26, is amended to read:


114D.26 WATERSHED RESTORATION AND PROTECTION STRATEGIES.

Subdivision 1.

Contents.

new text begin (a) new text end Thenew text begin commissioner of thenew text end Pollution Control Agency deleted text begin shalldeleted text end new text begin
must
new text end develop watershed restoration and protection strategiesdeleted text begin .deleted text end new text begin for:
new text end

new text begin (1) quantifying impairments and risks to water quality;
new text end

new text begin (2) describing the causes of impairments and pollution sources;
new text end

new text begin (3) consolidating TMDLs in a major watershed; and
new text end

new text begin (4) informing comprehensive local water management plans and comprehensive
watershed management plans.
new text end

new text begin (b)new text end To ensure effectivenessnew text begin , efficiency,new text end and accountability in meeting the goals of this
chapter,new text begin the commissioner of the Pollution Control Agency and the Board of Water and
Soil Resources must coordinate the schedule, budget, scope, and use of a WRAPS and
related documents and processes in consultation with local government units and, when
applicable, the Minnesota Forest Resources Council in consideration of section 114D.20,
subdivision 8.
new text end Each WRAPS deleted text begin shalldeleted text end new text begin mustnew text end :

(1) identify impaired waters and waters in need of protection;

(2) identify biotic stressors causing impairments or threats to water quality;

(3) summarize watershed modeling outputs and resulting pollution load allocationsdeleted text begin ,deleted text end new text begin andnew text end
wasteload allocationsdeleted text begin , and priority areas for targeting actions to improve water qualitydeleted text end new text begin and
identify areas with high pollutant-loading rates
new text end ;

(4) identify point sources of pollution for which a national pollutant discharge elimination
system permit is required under section 115.03;

(5) identify nonpoint sources of pollution for which a national pollutant discharge
elimination system permit is not required under section 115.03, with sufficient specificity
to deleted text begin prioritize anddeleted text end geographically deleted text begin locatedeleted text end new text begin informnew text end watershed restoration and protection deleted text begin actionsdeleted text end new text begin
strategies
new text end ;

(6) describe the current pollution loading and load reduction needed for each source or
source category to meet water quality standards and goals, including wasteload and load
allocations from TMDL's;

(7) deleted text begin contain a plan for ongoingdeleted text end new text begin identifynew text end water quality monitoringnew text begin needednew text end to fill data gaps,
determine changing conditions, deleted text begin anddeleted text end new text begin ornew text end gauge implementation effectiveness; and

(8) contain deleted text begin an implementation table ofdeleted text end strategies deleted text begin and actionsdeleted text end that are capable of
cumulatively achieving needed pollution load reductions for point and nonpoint sources,
includingnew text begin identifyingnew text end :

(i) water quality parameters of concern;

(ii) current water quality conditions;

(iii) water quality goals and targets by parameter of concern;new text begin and
new text end

(iv) strategies deleted text begin and actions by parameter of concerndeleted text end and new text begin an example of new text end the scale of
adoptions deleted text begin needed for each;deleted text end new text begin with a timeline to meet the water quality restoration or protection
goals of this chapter.
new text end

deleted text begin (v) a timeline for achievement of water quality targets;
deleted text end

deleted text begin (vi) the governmental units with primary responsibility for implementing each watershed
restoration or protection strategy; and
deleted text end

deleted text begin (vii) a timeline and interim milestones for achievement of watershed restoration or
protection implementation actions within ten years of strategy adoption.
deleted text end

Subd. 2.

Reporting.

deleted text begin Beginning July 1, 2016, and every other year thereafter,deleted text end new text begin The
commissioner of
new text end the Pollution Control Agency mustnew text begin periodicallynew text end report on deleted text begin itsdeleted text end new text begin the agency'snew text end
Web site the progress toward implementation milestones and water quality goals deleted text begin for all
adopted TMDL's and, where available, WRAPS's
deleted text end .

Subd. 3.

Timelines; administration.

deleted text begin Each year,deleted text end new text begin (a) The commissioner ofnew text end the Pollution
Control Agency must complete deleted text begin WRAPS's for at least ten percent ofdeleted text end new text begin watershed restoration
and protection strategies for
new text end the state's major watershedsdeleted text begin . WRAPS shall bedeleted text end new text begin by June 30,
2023, unless the commissioner determines that a comprehensive watershed management
plan or comprehensive local water management plan, in whole or part, meets the definition
in section 114D.15, subdivision 11 or 13. As needed, the commissioner must update the
strategies, in whole or part, after consultation with the Board of Water and Soil Resources
and local government units.
new text end

new text begin (b) Watershed restoration and protection strategies arenew text end governed by the procedures for
approval and notice in section 114D.25, subdivisions 2 and 4, except that deleted text begin WRAPSdeleted text end new text begin the
strategies
new text end need not be submitted to the United States Environmental Protection Agency.

Sec. 54.

Minnesota Statutes 2016, section 114D.35, subdivision 1, is amended to read:


Subdivision 1.

Public and stakeholder participation.

new text begin (a) new text end Public agencies and private
entities involved in deleted text begin the implementation ofdeleted text end new text begin implementingnew text end this chapter deleted text begin shalldeleted text end new text begin mustnew text end encourage
participation by the public and stakeholders, including local citizens, landowners deleted text begin anddeleted text end new text begin , landnew text end
managers, and public and private organizationsdeleted text begin , in identifying impaired waters, in developing
TMDL's, in planning, priority setting, and implementing restoration of impaired waters, in
identifying degraded groundwater, and in protecting and restoring groundwater resources
deleted text end .

new text begin (b)new text end In particular,new text begin the commissioner ofnew text end the Pollution Control Agency deleted text begin shalldeleted text end new text begin mustnew text end make
reasonable efforts to provide timely information to the public and to stakeholders about
impaired waters that have been identified by the agencydeleted text begin . The agency shall seek broad and
early public and stakeholder participation in scoping the activities necessary to develop a
TMDL, including the scientific models, methods, and approaches to be used in TMDL
development, and to implement restoration pursuant to section 114D.15, subdivision 7.
deleted text end new text begin and
to inform and consult with the public and stakeholders in developing a WRAPS or TMDL.
new text end

new text begin (c) Public agencies and private entities involved in implementing restoration and
protection identified in a comprehensive watershed management plan or comprehensive
local water management plan must make efforts to inform, consult, and involve the public
and stakeholders.
new text end

new text begin (d) The commissioner of the Pollution Control Agency and the Board of Water and Soil
Resources must coordinate public and stakeholder participation in consultation with local
government units. To the extent practicable, implementation of this chapter must be
accomplished in cooperation with local, state, federal, and tribal governments and private
sector organizations.
new text end

Sec. 55.

Minnesota Statutes 2016, section 114D.35, subdivision 3, is amended to read:


Subd. 3.

Education.

The Clean Water Council shall develop strategies for informing,
educating, and encouraging the participation of citizens, stakeholders, and others regarding
deleted text begin the identification of impaired waters, development of TMDL's, development of TMDL
implementation plans, implementation of restoration for impaired waters, identification of
degraded groundwater, and protection and restoration of groundwater resources
deleted text end new text begin this chapternew text end .
Public agencies deleted text begin shall bedeleted text end new text begin arenew text end responsible for implementing the strategies.

Sec. 56.

Minnesota Statutes 2016, section 115.03, subdivision 1, is amended to read:


Subdivision 1.

Generally.

The agency is hereby given and charged with the following
powers and duties:

(a) to administer and enforce all laws relating to the pollution of any of the waters of
the state;

(b) to investigate the extent, character, and effect of the pollution of the waters of this
state and to gather data and information necessary or desirable in the administration or
enforcement of pollution laws, and to make such classification of the waters of the state as
it may deem advisable;

(c) to establish and alter such reasonable pollution standards for any waters of the state
in relation to the public use to which they are or may be put as it shall deem necessary for
the purposes of this chapter and, with respect to the pollution of waters of the state, chapter
116;

(d) to encourage waste treatment, including advanced waste treatment, instead of stream
low-flow augmentation for dilution purposes to control and prevent pollution;

(e) to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
orders, permits, variances, standards, rules, schedules of compliance, and stipulation
agreements, under such conditions as it may prescribe, in order to prevent, control or abate
water pollution, or for the installation or operation of disposal systems or parts thereof, or
for other equipment and facilities:

(1) requiring the discontinuance of the discharge of sewage, industrial waste or other
wastes into any waters of the state resulting in pollution in excess of the applicable pollution
standard established under this chapter;

(2) prohibiting or directing the abatement of any discharge of sewage, industrial waste,
or other wastes, into any waters of the state or the deposit thereof or the discharge into any
municipal disposal system where the same is likely to get into any waters of the state in
violation of this chapter and, with respect to the pollution of waters of the state, chapter
116, or standards or rules promulgated or permits issued pursuant thereto, and specifying
the schedule of compliance within which such prohibition or abatement must be
accomplished;

(3) prohibiting the storage of any liquid or solid substance or other pollutant in a manner
which does not reasonably assure proper retention against entry into any waters of the state
that would be likely to pollute any waters of the state;

(4) requiring the construction, installation, maintenance, and operation by any person
of any disposal system or any part thereof, or other equipment and facilities, or the
reconstruction, alteration, or enlargement of its existing disposal system or any part thereof,
or the adoption of other remedial measures to prevent, control or abate any discharge or
deposit of sewage, industrial waste or other wastes by any person;

(5) establishing, and from time to time revising, standards of performance for new sources
taking into consideration, among other things, classes, types, sizes, and categories of sources,
processes, pollution control technology, cost of achieving such effluent reduction, and any
nonwater quality environmental impact and energy requirements. Said standards of
performance for new sources shall encompass those standards for the control of the discharge
of pollutants which reflect the greatest degree of effluent reduction which the agency
determines to be achievable through application of the best available demonstrated control
technology, processes, operating methods, or other alternatives, including, where practicable,
a standard permitting no discharge of pollutants. New sources shall encompass buildings,
structures, facilities, or installations from which there is or may be the discharge of pollutants,
the construction of which is commenced after the publication by the agency of proposed
rules prescribing a standard of performance which will be applicable to such source.
Notwithstanding any other provision of the law of this state, any point source the construction
of which is commenced after May 20, 1973, and which is so constructed as to meet all
applicable standards of performance for new sources shall, consistent with and subject to
the provisions of section 306(d) of the Amendments of 1972 to the Federal Water Pollution
Control Act, not be subject to any more stringent standard of performance for new sources
during a ten-year period beginning on the date of completion of such construction or during
the period of depreciation or amortization of such facility for the purposes of section 167
or 169, or both, of the Federal Internal Revenue Code of 1954, whichever period ends first.
Construction shall encompass any placement, assembly, or installation of facilities or
equipment, including contractual obligations to purchase such facilities or equipment, at
the premises where such equipment will be used, including preparation work at such
premises;

(6) establishing and revising pretreatment standards to prevent or abate the discharge of
any pollutant into any publicly owned disposal system, which pollutant interferes with,
passes through, or otherwise is incompatible with such disposal system;

(7) requiring the owner or operator of any disposal system or any point source to establish
and maintain such records, make such reports, install, use, and maintain such monitoring
equipment or methods, including where appropriate biological monitoring methods, sample
such effluents in accordance with such methods, at such locations, at such intervals, and in
such a manner as the agency shall prescribe, and providing such other information as the
agency may reasonably require;

(8) notwithstanding any other provision of this chapter, and with respect to the pollution
of waters of the state, chapter 116, requiring the achievement of more stringent limitations
than otherwise imposed by effluent limitations in order to meet any applicable water quality
standard by establishing new effluent limitations, based upon section 115.01, subdivision
13
, clause (b), including alternative effluent control strategies for any point source or group
of point sources to insure the integrity of water quality classifications, whenever the agency
determines that discharges of pollutants from such point source or sources, with the
application of effluent limitations required to comply with any standard of best available
technology, would interfere with the attainment or maintenance of the water quality
classification in a specific portion of the waters of the state. Prior to establishment of any
such effluent limitation, the agency shall hold a public hearing to determine the relationship
of the economic and social costs of achieving such limitation or limitations, including any
economic or social dislocation in the affected community or communities, to the social and
economic benefits to be obtained and to determine whether or not such effluent limitation
can be implemented with available technology or other alternative control strategies. If a
person affected by such limitation demonstrates at such hearing that, whether or not such
technology or other alternative control strategies are available, there is no reasonable
relationship between the economic and social costs and the benefits to be obtained, such
limitation shall not become effective and shall be adjusted as it applies to such person;

(9) modifying, in its discretion, any requirement or limitation based upon best available
technology with respect to any point source for which a permit application is filed after July
1, 1977, upon a showing by the owner or operator of such point source satisfactory to the
agency that such modified requirements will represent the maximum use of technology
within the economic capability of the owner or operator and will result in reasonable further
progress toward the elimination of the discharge of pollutants; and

(10) requiring that applicants for wastewater discharge permits evaluate in their
applications the potential reuses of the discharged wastewater;

(f) to require to be submitted and to approve plans and specifications for disposal systems
or point sources, or any part thereof and to inspect the construction thereof for compliance
with the approved plans and specifications thereof;

(g) to prescribe and alter rules, not inconsistent with law, for the conduct of the agency
and other matters within the scope of the powers granted to and imposed upon it by this
chapter and, with respect to pollution of waters of the state, in chapter 116, provided that
every rule affecting any other department or agency of the state or any person other than a
member or employee of the agency shall be filed with the secretary of state;

(h) to conduct such investigations, issue such notices, public and otherwise, and hold
such hearings as are necessary or which it may deem advisable for the discharge of its duties
under this chapter and, with respect to the pollution of waters of the state, under chapter
116, including, but not limited to, the issuance of permits, and to authorize any member,
employee, or agent appointed by it to conduct such investigations or, issue such notices and
hold such hearings;

(i) for the purpose of water pollution control planning by the state and pursuant to the
Federal Water Pollution Control Act, as amended, to establish and revise planning areas,
adopt plans and programs and continuing planning processes, including, but not limited to,
basin plans and areawide waste treatment management plans, and to provide for the
implementation of any such plans by means of, including, but not limited to, standards, plan
elements, procedures for revision, intergovernmental cooperation, residual treatment process
waste controls, and needs inventory and ranking for construction of disposal systems;

(j) to train water pollution control personnel, and charge such fees therefor as are
necessary to cover the agency's costs. new text begin The fees under this paragraph are subject to legislative
approval under section 16A.1283.
new text end All such fees received shall be paid into the state treasury
and credited to the Pollution Control Agency training account;

(k) to impose as additional conditions in permits to publicly owned disposal systems
appropriate measures to insure compliance by industrial and other users with any pretreatment
standard, including, but not limited to, those related to toxic pollutants, and any system of
user charges ratably as is hereby required under state law or said Federal Water Pollution
Control Act, as amended, or any regulations or guidelines promulgated thereunder;

(l) to set a period not to exceed five years for the duration of any national pollutant
discharge elimination system permit or not to exceed ten years for any permit issued as a
state disposal system permit only;

(m) to require each governmental subdivision identified as a permittee for a wastewater
treatment works to evaluate in every odd-numbered year the condition of its existing system
and identify future capital improvements that will be needed to attain or maintain compliance
with a national pollutant discharge elimination system or state disposal system permit; and

(n) to train subsurface sewage treatment system personnel, including persons who design,
construct, install, inspect, service, and operate subsurface sewage treatment systems, and
charge fees as necessary to pay the agency's costs. new text begin The fees under this paragraph are subject
to legislative approval under section 16A.1283.
new text end All fees received must be paid into the state
treasury and credited to the agency's training account. Money in the account is appropriated
to the agency to pay expenses related to training.

The information required in clause (m) must be submitted in every odd-numbered year to
the commissioner on a form provided by the commissioner. The commissioner shall provide
technical assistance if requested by the governmental subdivision.

The powers and duties given the agency in this subdivision also apply to permits issued
under chapter 114C.

Sec. 57.

Minnesota Statutes 2016, section 115.03, subdivision 5, is amended to read:


Subd. 5.

Agency authority; national pollutant discharge elimination system.

new text begin (a)
new text end Notwithstanding any other provisions prescribed in or pursuant to this chapter and, with
respect to the pollution of waters of the state, in chapter 116, or otherwise, the agency shall
have the authority to perform any and all acts minimally necessary including, but not limited
to, the establishment and application of standards, procedures, rules, orders, variances,
stipulation agreements, schedules of compliance, and permit conditions, consistent with
and, therefore not less stringent than the provisions of the Federal Water Pollution Control
Act, as amended, applicable to the participation by the state of Minnesota in the national
pollutant discharge elimination system (NPDES); provided that this provision shall not be
construed as a limitation on any powers or duties otherwise residing with the agency pursuant
to any provision of law.

new text begin (b) An activity that conveys or connects waters of the state without subjecting the
transferred water to intervening industrial, municipal, or commercial use does not require
a national pollutant discharge elimination system permit. This exemption does not apply to
pollutants introduced by the activity itself to the water being transferred.
new text end

Sec. 58.

Minnesota Statutes 2016, section 115.035, is amended to read:


115.035 EXTERNAL PEER REVIEW OF WATER QUALITY STANDARDS.

(a) deleted text begin When the commissioner convenes an external peer review panel during the
promulgation or amendment of water quality standards, the commissioner must provide
notice and take public comment on the charge questions for the external peer review panel
and must allow written and oral public comment as part of the external peer review panel
process.
deleted text end new text begin Every new or revised numeric water quality standard must be supported by a
technical support document that provides the scientific basis for the proposed standard and
that has undergone external, scientific peer review. Numeric water quality standards in
which the agency is adopting, without change, a United States Environmental Protection
Agency criterion that has been through peer review are not subject to this paragraph.
new text end
Documentation of the external peer review panel, including the name or names of the peer
reviewer or reviewers, must be included in the statement of need and reasonableness for
the water quality standard. deleted text begin If the commissioner does not convene an external peer review
panel during the promulgation or amendment of water quality standards, the commissioner
must state the reason an external peer review panel will not be convened in the statement
of need and reasonableness.
deleted text end

new text begin (b) Every technical support document developed by the agency must be released in draft
form for public comment before peer review and before finalizing the technical support
document.
new text end

new text begin (c) The commissioner must provide public notice and information about the external
peer review through the request for comments published at the beginning of the rulemaking
process for the numeric water quality standard, and:
new text end

new text begin (1) the request for comments must identify the draft technical support document and
where the document can be found;
new text end

new text begin (2) the request for comments must include a proposed charge for the external peer review
and request comments on the charge;
new text end

new text begin (3) all comments received during the public comment period must be made available to
the external peer reviewers; and
new text end

new text begin (4) if the agency is not soliciting external peer review because the agency is adopting a
United States Environmental Protection Agency criterion without change, that must be
noted in the request for comments.
new text end

new text begin (d) The purpose of the external peer review is to evaluate whether the technical support
document and proposed standard are based on sound scientific knowledge, methods, and
practices. The external peer review must be conducted according to the guidance in the
most recent edition of the United States Environmental Protection Agency's Peer Review
Handbook. Peer reviewers must not have participated in developing the scientific basis of
the standard.
new text end

new text begin (e) The type of review and the number of peer reviewers depends on the nature of the
science underlying the standard. When the agency is developing significant new science or
science that expands significantly beyond current documented scientific practices or
principles, a panel review must be used.
new text end

new text begin (f) In response to the findings of the external peer review, the draft technical support
document must be revised as appropriate. The findings of the external peer review must be
documented and attached to the final technical support document, which must be an exhibit
as part of the statement of need and reasonableness in the rulemaking to adopt the new or
revised numeric water quality standard. The final technical support document must note
changes made in response to the external peer review.
new text end

deleted text begin (b)deleted text end new text begin (g)new text end By December 15 each year, the commissioner shall post on the agency's Web
site a report identifying the water quality standards development work in progress or
completed in the past year, the lead agency scientist for each development effort, and
opportunities for public input.

Sec. 59.

new text begin [115.455] EFFLUENT LIMITATIONS; COMPLIANCE.
new text end

new text begin To the extent allowable under federal law, for a municipality that constructs a publicly
owned treatment works facility or for an industrial national pollutant discharge elimination
system and state disposal system permit holder that constructs a treatment works facility to
comply with a new or modified effluent limitation, compliance with any new or modified
effluent limitation adopted after construction begins that would require additional capital
investment is required no sooner than 16 years after the date the facility begins operating.
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. 60.

Minnesota Statutes 2016, section 115.77, subdivision 1, is amended to read:


Subdivision 1.

Fees.

The agency shall collect fees in amounts necessary, but no greater
than the amounts necessary, to cover the reasonable costs of reviewing applications and
issuing certifications.new text begin The fees under this subdivision are subject to legislative approval
under section 16A.1283.
new text end

Sec. 61.

Minnesota Statutes 2016, section 115.84, subdivision 2, is amended to read:


Subd. 2.

Rules.

The agency may adopt rules to govern certification of laboratories
according to this section. deleted text begin Notwithstanding section 16A.1283, the agency may adopt rules
establishing fees.
deleted text end

Sec. 62.

Minnesota Statutes 2016, section 115.84, subdivision 3, is amended to read:


Subd. 3.

Fees.

(a) Until the agency adopts a rule establishing fees for certification, the
agency shall collect fees from laboratories registering with the agency, but not accredited
by the commissioner of health under sections 144.97 to 144.99, in amounts necessary to
cover the reasonable costs of the certification program, including reviewing applications,
issuing certifications, and conducting audits and compliance assistance.new text begin The fees under this
paragraph are subject to legislative approval under section 16A.1283.
new text end

(b) Fees under this section must be based on the number, type, and complexity of
analytical methods that laboratories are certified to perform.

(c) Revenue from fees charged by the agency for certification shall be credited to the
environmental fund.

Sec. 63.

Minnesota Statutes 2016, section 115A.51, is amended to read:


115A.51 APPLICATION REQUIREMENTS.

new text begin (a) new text end Applications for assistance under the program deleted text begin shalldeleted text end new text begin mustnew text end demonstrate:

deleted text begin (a)deleted text end new text begin (1)new text end that the project is conceptually and technically feasible;

deleted text begin (b)deleted text end new text begin (2)new text end that affected political subdivisions are committed to implement the project, to
provide necessary local financing, and to accept and exercise the government powers
necessary to the project;

deleted text begin (c)deleted text end new text begin (3)new text end that operating revenues from the project, considering the availability and security
of sources of solid waste and of markets for recovered resources, together with any proposed
federal, state, or local financial assistance, will be sufficient to pay all costs over the projected
life of the project;

deleted text begin (d)deleted text end new text begin (4)new text end that the applicant has evaluated the feasible and prudent alternatives to disposalnew text begin ,
including the use of existing solid waste management facilities with reasonably available
capacity sufficient to accomplish the goals of the proposed project
new text end and has compared and
evaluated the costs of the alternatives, including capital and operating costs, and the effects
of the alternatives on the cost to generatorsdeleted text begin .deleted text end new text begin ;
new text end

new text begin (5) that the applicant has identified waste management objectives in applicable county
and regional solid waste management plans consistent with sections 115A.46, subdivision
2, paragraphs (e) and (f), and 473.149, subdivision 1, and other solid waste facilities identified
in the county and regional plans; and
new text end

new text begin (6) that the applicant has conducted a comparative analysis of the project against existing
public and private solid waste facilities, including an analysis of potential displacement of
facilities to determine whether the project is the most appropriate alternative to achieve the
identified waste management objectives that considers:
new text end

new text begin (i) conformity with approved county or regional solid waste management plans;
new text end

new text begin (ii) consistency with the state's solid waste hierarchy and sections 115A.46, subdivision
2, paragraphs (e) and (f), and 473.149, subdivisions 1; and
new text end

new text begin (iii) environmental standards related to public health, air, surface water, and groundwater.
new text end

new text begin (b)new text end The commissioner may require completion of a comprehensive solid waste
management plan conforming to the requirements of section 115A.46, before accepting an
application.new text begin Within five days of filing an application with the agency, the applicant must
submit a copy of the application to each solid waste management facility mentioned in the
portion of the application addressing the requirements of paragraph (a), clauses (5) and (6).
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. 64.

Minnesota Statutes 2016, section 115A.94, subdivision 2, is amended to read:


Subd. 2.

Local authority.

A city or town may organize collection, after public notification
and hearing as required in subdivisions 4a to deleted text begin 4ddeleted text end new text begin 4fnew text end . A county may organize collection as
provided in subdivision 5. A city or town that has organized collection as of May 1, 2013,
is exempt from subdivisions 4a to deleted text begin 4ddeleted text end new text begin 4fnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 65.

Minnesota Statutes 2016, section 115A.94, subdivision 4a, is amended to read:


Subd. 4a.

Committee establishment.

(a) Before implementing an ordinance, franchise,
license, contract, or other means of organizing collection, a city or town, by resolution of
the governing body, must establish deleted text begin an organizeddeleted text end new text begin a solid waste new text end collection options committee
to identify, examine, and evaluate various methods of deleted text begin organizeddeleted text end new text begin solid wastenew text end collection. The
governing body shall appoint the committee members.

(b) The deleted text begin organizeddeleted text end new text begin solid wastenew text end collection options committee is subject to chapter 13D.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 66.

Minnesota Statutes 2016, section 115A.94, subdivision 4b, is amended to read:


Subd. 4b.

Committee duties.

The committee established under subdivision 4a shall:

(1) determine which methods of deleted text begin organizeddeleted text end new text begin solid wastenew text end collection to examine, which
must include:

new text begin (i) the existing system of collection;
new text end

deleted text begin (i)deleted text end new text begin (ii)new text end a system in which a single collector collects solid waste from all sections of a
city or town; and

deleted text begin (ii)deleted text end new text begin (iii)new text end a system in which multiple collectors, either singly or as members of an
organization of collectors, collect solid waste from different sections of a city or town;

(2) establish a list of criteria on which the deleted text begin organizeddeleted text end new text begin solid wastenew text end collection methods
selected for examination will be evaluated, which may include: costs to residential
subscribers, new text begin impacts on residential subscribers' ability to choose a provider of solid waste
service based on the desired level of service, costs and other factors, the impact of
new text end miles
driven deleted text begin by collection vehiclesdeleted text end on city streets and alleysnew text begin and the incremental impact of miles
driven by collection vehicles
new text end , initial and operating costs to the city of implementing the
deleted text begin organizeddeleted text end new text begin solid wastenew text end collection system, providing incentives for waste reduction, impacts
on solid waste collectors, and other physical, economic, fiscal, social, environmental, and
aesthetic impacts;

(3) collect information regarding the operation and efficacy of existing methods of
deleted text begin organizeddeleted text end new text begin solid wastenew text end collection in other cities and towns;

(4) seek input from, at a minimum:

(i) the governing body of the city or town;

(ii) the local official of the city or town responsible for solid waste issues;

(iii) persons currently licensed to operate solid waste collection and recycling services
in the city or town; and

(iv) residents of the city or town who currently pay for residential solid waste collection
services; and

(5) issue a report on the committee's research, findings, and any recommendations to
the governing body of the city or town.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 67.

Minnesota Statutes 2016, section 115A.94, subdivision 4c, is amended to read:


Subd. 4c.

Governing body; implementation.

The governing body of the city or town
shall consider the report and recommendations of the deleted text begin organizeddeleted text end new text begin solid wastenew text end collection
options committee. The governing body must provide public notice and hold at least one
public hearing before deciding whether to implement organized collection. Organized
collection may begin no sooner than six months after the effective date of the decision of
the governing body of the city or town to implement organized collection.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 68.

Minnesota Statutes 2016, section 115A.94, subdivision 4d, is amended to read:


Subd. 4d.

Participating collectors proposal requirement.

deleted text begin Prior todeleted text end new text begin Beforenew text end establishing
a committee under subdivision 4a to consider organizing residential solid waste collection,
a city or town with more than one licensed collector must notify the public and all licensed
collectors in the community. The city or town must provide a deleted text begin 60-daydeleted text end period new text begin of at least 60
days
new text end in which meetings and negotiations shall occur exclusively between licensed collectors
and the city or town to develop a proposal in which interested licensed collectors, as members
of an organization of collectors, collect solid waste from designated sections of the city or
town. The proposal shall include identified city or town priorities, including issues related
to zone creation, traffic, safety, environmental performance, service provided, and price,
and shall reflect existing haulers maintaining their respective market share of business as
determined by each hauler's average customer count during the six months prior to the
commencement of the deleted text begin 60-daydeleted text end new text begin exclusivenew text end negotiation period. If an existing hauler opts to be
excluded from the proposal, the city may allocate their customers proportionally based on
market share to the participating collectors who choose to negotiate. The initial organized
collection agreement executed under this subdivision must be for deleted text begin a period of three todeleted text end seven
years. Upon execution of an agreement between the participating licensed collectors and
city or town, the city or town shall establish organized collection through appropriate local
controls and is not required to fulfill the requirements of subdivisions 4a, 4b, and 4c, except
that the governing body must provide the public notification and hearing required under
subdivision 4c.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 69.

Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision
to read:


new text begin Subd. 4e. new text end

new text begin Parties to meet and confer. new text end

new text begin Before the exclusive meetings and negotiations
under subdivision 4d, participating licensed collectors and elected officials of the city or
town must meet and confer regarding waste collection issues, including but not limited to
road deterioration, public safety, pricing mechanisms, and contractual considerations unique
to organized collection.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 70.

Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision
to read:


new text begin Subd. 4f. new text end

new text begin Joint liability limited. new text end

new text begin Notwithstanding section 604.02, an organized collection
agreement must not obligate a participating licensed collector for damages to third parties
solely caused by another participating licensed collector. The organized collection agreement
may include joint obligations for actions that are undertaken by all the participating licensed
collectors under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 71.

Minnesota Statutes 2016, section 115A.94, subdivision 5, is amended to read:


Subd. 5.

County organized collection.

(a) A county may by ordinance require cities
and towns within the county to organize collection. Organized collection ordinances of
counties may:

(1) require cities and towns to require the separation and separate collection of recyclable
materials;

(2) specify the material to be separated; and

(3) require cities and towns to meet any performance standards for source separation
that are contained in the county solid waste plan.

(b) A county may itself organize collection under subdivisions 4a to deleted text begin 4ddeleted text end new text begin 4fnew text end in any city
or town that does not comply with a county organized collection ordinance adopted under
this subdivision, and the county may implement, as part of its organized collection, the
source separation program and performance standards required by its organized collection
ordinance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 72.

new text begin [115B.171] TESTING FOR PRIVATE WELLS; EAST METROPOLITAN
AREA.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "East metropolitan area" means:
new text end

new text begin (1) the cities of Afton, Cottage Grove, Lake Elmo, Newport, Oakdale, St. Paul Park,
and Woodbury;
new text end

new text begin (2) the townships of Denmark, Grey Cloud Island, and Lakeland; and
new text end

new text begin (3) other areas added by the commissioner that have a potential for significant
groundwater pollution from PFCs.
new text end

new text begin (c) "PFCs" means per- and poly-fluorinated chemicals.
new text end

new text begin Subd. 2. new text end

new text begin Testing required for private wells. new text end

new text begin At the request of the owner or occupier
of land in the east metropolitan area containing a private well for water, the commissioner
must use money in the remediation fund under section 116.155 to provide timely testing
for PFCs for the well if the commissioner has not previously tested the well for PFCs. If
the test of the private well measures a contamination at or above 50 percent of a health-based
advisory value or health risk limit for PFCs, the commissioner must provide for additional
well tests based on a schedule to ensure that the groundwater is safe for consumption.
new text end

new text begin Subd. 3. new text end

new text begin Test reporting. new text end

new text begin (a) By January 15 each year, the commissioner must report to
each community in the east metropolitan area a summary of the results of the testing for
private wells in the community. The report must include information on the number of wells
tested and trends of PFC contamination in private wells in the community. Reports to
communities under this section must also be published on the agency's Web site.
new text end

new text begin (b) By January 15 each year, the commissioner must report to the legislature, as provided
in section 3.195, on the testing for private wells conducted in the east metropolitan area,
including copies of the community reports required in paragraph (a), the number of requests
for well testing in each community, and the total amount spent for testing private wells in
each community.
new text end

Sec. 73.

new text begin [115B.172] NATURAL RESOURCES DAMAGES ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The natural resources damages account is established as
an account in the remediation fund.
new text end

new text begin Subd. 2. new text end

new text begin Revenues. new text end

new text begin The account consists of money from the following sources:
new text end

new text begin (1) revenues from actions taken by the attorney general on behalf of the commissioner
of natural resources, including settlement agreements, under section 115B.17, subdivisions
6 and 7, excluding money received under the settlement defined under section 115B.52,
subdivision 1;
new text end

new text begin (2) appropriations and transfers to the account as provided by law;
new text end

new text begin (3) interest earned on the account; and
new text end

new text begin (4) money received by the agency or the commissioner of natural resources for deposit
in the account in the form of a gift or a grant.
new text end

new text begin Subd. 3. new text end

new text begin Expenditures. new text end

new text begin (a) Money in the account is appropriated to the commissioner
of natural resources for the purposes authorized in section 115B.20, subdivision 2, clause
(8).
new text end

new text begin (b) The commissioner of management and budget must allocate the amounts available
in any biennium to the commissioner of natural resources for the purposes of this section
based upon work plans submitted by the commissioner of natural resources and may adjust
those allocations upon submittal of revised work plans. Copies of the work plans must be
submitted to the chairs of the house of representatives and senate committees and divisions
having jurisdiction over environment and natural resources finance.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By November 1 each year, the commissioner of natural resources must
submit a report to the chairs and ranking minority members of the house of representatives
and senate committees and divisions with jurisdiction over the environment and natural
resources policy and finance on expenditures from the natural resources damages account
during the previous fiscal year.
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. 74.

Minnesota Statutes 2016, section 115B.20, subdivision 2, is amended to read:


Subd. 2.

Purposes for which money may be spent.

Money appropriated from the
remediation fund under section 116.155, subdivision 2, paragraph (a), clause (1), may be
spent only for the following purposes:

(1) preparation by the agency and the commissioner of agriculture for taking removal
or remedial action under section 115B.17, or under chapter 18D, including investigation,
monitoring and testing activities, enforcement and compliance efforts relating to the release
of hazardous substances, pollutants or contaminants under section 115B.17 or 115B.18, or
chapter 18D;

(2) removal and remedial actions taken or authorized by the agency or the commissioner
of the Pollution Control Agency under section 115B.17, or taken or authorized by the
commissioner of agriculture under chapter 18D including related enforcement and compliance
efforts under section 115B.17 or 115B.18, or chapter 18D, and payment of the state share
of the cost of remedial action which may be carried out under a cooperative agreement with
the federal government pursuant to the federal Superfund Act, under United States Code,
title 42, section 9604(c)(3) for actions related to facilities other than commercial hazardous
waste facilities located under the siting authority of chapter 115A;

(3) reimbursement to any private person for expenditures made before July 1, 1983, to
provide alternative water supplies deemed necessary by the agency or the commissioner of
agriculture and the Department of Health to protect the public health from contamination
resulting from the release of a hazardous substance;

(4) assessment and recovery of natural resource damages by the agency deleted text begin and the
commissioner of natural resources
deleted text end for administration, planning, and implementation by the
commissioner of natural resources of the rehabilitation, restoration, or acquisition of natural
resources to remedy injuries or losses to natural resources resulting from the release of a
hazardous substance; before implementing a project to rehabilitate, restore, or acquire natural
resources under this clause, the commissioner of natural resources shall provide written
notice of the proposed project to the chairs of the senate and house of representatives
committees with jurisdiction over environment and natural resources finance;

(5) acquisition of a property interest under section 115B.17, subdivision 15;

(6) reimbursement, in an amount to be determined by the agency in each case, to a
political subdivision that is not a responsible person under section 115B.03, for reasonable
and necessary expenditures resulting from an emergency caused by a release or threatened
release of a hazardous substance, pollutant, or contaminant; deleted text begin and
deleted text end

(7) reimbursement to a political subdivision for expenditures in excess of the liability
limit under section 115B.04, subdivision 4new text begin ; and
new text end

new text begin (8) assessment and recovery of natural resource damages by the commissioner of natural
resources for administration, planning, and implementation by the commissioner of natural
resources of the rehabilitation, restoration, or acquisition of natural resources to remedy
injuries or losses to natural resources resulting from the release of a hazardous substance.
Before implementing a project to rehabilitate, restore, or acquire natural resources under
this clause, the commissioner of natural resources must provide written notice of the proposed
project to the chairs of the senate and house of representatives committees with jurisdiction
over environment and natural resources finance
new text end .

Sec. 75.

new text begin [115B.52] WATER QUALITY AND SUSTAINABILITY ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section and section 115B.53, the term
"settlement" means the agreement and order entered on February 20, 2018, settling litigation
commenced by the state against the 3M Company under section 115B.17, subdivision 7.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The water quality and sustainability account is established as
an account in the remediation fund. The account consists of revenue deposited in the account
under the terms of the settlement and earnings on the investment of money in the account.
new text end

new text begin Subd. 3. new text end

new text begin Expenditures. new text end

new text begin Money in the account is appropriated to the commissioner of
the Pollution Control Agency and to the commissioner of natural resources for the purposes
authorized under the settlement.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin The commissioner of the Pollution Control Agency and the
commissioner of natural resources must jointly submit:
new text end

new text begin (1) by March 1 and November 1 each year, a biannual report to the chairs and ranking
minority members of the legislative policy and finance committees with jurisdiction over
environment and natural resources on expenditures from the water quality and sustainability
account during the previous six months; and
new text end

new text begin (2) by November 1 each year, a report to the legislature on expenditures from the water
quality and sustainability account during the previous fiscal year and a spending plan for
anticipated expenditures from the account during the current fiscal year.
new text end

Sec. 76.

new text begin [115B.53] WATER QUALITY AND SUSTAINABILITY STAKEHOLDERS.
new text end

new text begin The commissioner of the Pollution Control Agency and the commissioner of natural
resources must work with stakeholders to identify and recommend projects to receive funding
from the water quality and sustainability account under the settlement. Stakeholders include,
at a minimum, representatives of the agency, the Department of Natural Resources, east
metropolitan area municipalities, and the 3M Company.
new text end

Sec. 77.

Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to
read:


new text begin Subd. 2c. new text end

new text begin Exemption from standards for temporary storage facilities subject to
control.
new text end

new text begin (a) A temporary storage facility located at a commodity facility that is required to
be controlled under Minnesota Rules, part 7011.1005, subpart 3, is not subject to Minnesota
Rules, parts 7011.1000 to 7011.1015. For all portable equipment and fugitive dust emissions
directly associated with the temporary storage facility, it is determined that there is no
applicable specific standard of performance.
new text end

new text begin (b) For the purposes of this subdivision, the following terms have the meanings given
them:
new text end

new text begin (1) "temporary storage facility" means a facility storing grain that:
new text end

new text begin (i) uses an asphalt, concrete, or comparable base material;
new text end

new text begin (ii) has rigid, self-supporting sidewalls;
new text end

new text begin (iii) provides adequate aeration; and
new text end

new text begin (iv) provides an acceptable covering; and
new text end

new text begin (2) "portable equipment" means equipment that is not fixed at any one spot and can be
moved, including but not limited to portable receiving pits, portable augers and conveyors,
and portable reclaim equipment directly associated with the temporary storage facility.
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. 78.

Minnesota Statutes 2017 Supplement, section 116.07, subdivision 4d, is amended
to read:


Subd. 4d.

Permit fees.

(a) The agency may collect permit fees in amounts not greater
than those necessary to cover the reasonable costs of developing, reviewing, and acting
upon applications for agency permits and implementing and enforcing the conditions of the
permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The
fee schedule must reflect reasonable and routine direct and indirect costs associated with
permitting, implementation, and enforcement. The agency may impose an additional
enforcement fee to be collected for a period of up to two years to cover the reasonable costs
of implementing and enforcing the conditions of a permit under the rules of the agency.
new text begin Water fees under this paragraph are subject to legislative approval under section 16A.1283.
new text end Any money collected under this paragraph shall be deposited in the environmental fund.

(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner
or operator of all stationary sources, emission facilities, emissions units, air contaminant
treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage
facilities subject to a notification, permit, or license requirement under this chapter,
subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401
et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and
indirect reasonable costs, including legal costs, required to develop and administer the
notification, permit, or license program requirements of this chapter, subchapters I and V
of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules
adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon
an application for a permit; implementing and enforcing statutes, rules, and the terms and
conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally
applicable regulations; responding to federal guidance; modeling, analyses, and
demonstrations; preparing inventories and tracking emissions; and providing information
to the public about these activities.

(c) The agency shall set fees that:

(1) will result in the collection, in the aggregate, from the sources listed in paragraph
(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of
the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national
primary ambient air quality standard has been promulgated;

(2) may result in the collection, in the aggregate, from the sources listed in paragraph
(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
regulated under this chapter or air quality rules adopted under this chapter; and

(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount
needed to match grant funds received by the state under United States Code, title 42, section
7405 (section 105 of the federal Clean Air Act).

The agency must not include in the calculation of the aggregate amount to be collected
under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
from a source. The increase in air permit fees to match federal grant funds shall be a surcharge
on existing fees. The commissioner may not collect the surcharge after the grant funds
become unavailable. In addition, the commissioner shall use nonfee funds to the extent
practical to match the grant funds so that the fee surcharge is minimized.

(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
in the rules promulgated under paragraph (c) for an increase in the fee collected in each
year by the percentage, if any, by which the Consumer Price Index for the most recent
calendar year ending before the beginning of the year the fee is collected exceeds the
Consumer Price Index for the calendar year 1989. For purposes of this paragraph the
Consumer Price Index for any calendar year is the average of the Consumer Price Index for
all-urban consumers published by the United States Department of Labor, as of the close
of the 12-month period ending on August 31 of each calendar year. The revision of the
Consumer Price Index that is most consistent with the Consumer Price Index for calendar
year 1989 shall be used.

(e) Any money collected under paragraphs (b) to (d) must be deposited in the
environmental fund and must be used solely for the activities listed in paragraph (b).

(f) Permit applicants who wish to construct, reconstruct, or modify a project may offer
to reimburse the agency for the costs of staff time or consultant services needed to expedite
the preapplication process and permit development process through the final decision on
the permit, including the analysis of environmental review documents. The reimbursement
shall be in addition to permit application fees imposed by law. When the agency determines
that it needs additional resources to develop the permit application in an expedited manner,
and that expediting the development is consistent with permitting program priorities, the
agency may accept the reimbursement. The commissioner must give the applicant an estimate
of costs to be incurred by the commissioner. The estimate must include a brief description
of the tasks to be performed, a schedule for completing the tasks, and the estimated cost for
each task. The applicant and the commissioner must enter into a written agreement detailing
the estimated costs for the expedited permit decision-making process to be incurred by the
agency. The agreement must also identify staff anticipated to be assigned to the project.
The commissioner must not issue a permit until the applicant has paid all fees in full. The
commissioner must refund any unobligated balance of fees paid. Reimbursements accepted
by the agency are appropriated to the agency for the purpose of developing the permit or
analyzing environmental review documents. Reimbursement by a permit applicant shall
precede and not be contingent upon issuance of a permit; shall not affect the agency's decision
on whether to issue or deny a permit, what conditions are included in a permit, or the
application of state and federal statutes and rules governing permit determinations; and shall
not affect final decisions regarding environmental review.

(g) The fees under this subdivision are exempt from section 16A.1285.

Sec. 79.

Minnesota Statutes 2017 Supplement, section 116.0714, is amended to read:


116.0714 NEW OPEN-AIR SWINE BASINS.

new text begin (a) new text end The commissioner of the Pollution Control Agency or a county board shall not
approve any permits for the construction of new open-air swine basins, except that existing
facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste
treatment program for resolving pollution problems or to allow conversion of an existing
basin of less than 1,000,000 gallons to a different animal type, provided all standards are
met. This section expires June 30, 2022.

new text begin (b) This section does not apply to a storage basin for effluent basins used solely for
wastewater from a truck-washing facility.
new text end

Sec. 80.

Minnesota Statutes 2016, section 116.155, subdivision 1, is amended to read:


Subdivision 1.

Creation.

The remediation fund is created as a special revenue fund in
the state treasury to provide a reliable source of public money for response and corrective
actions to address releases of hazardous substances, pollutants or contaminants, agricultural
chemicals, and petroleum, and for environmental response actions at qualified landfill
facilities for which the agency has assumed such responsibility, including perpetual care of
such facilities. The specific purposes for which the general portion of the fund may be spent
are provided in subdivision 2. In addition to the general portion of the fund, the fund contains
deleted text begin twodeleted text end new text begin fournew text end accounts described in subdivisions 4 deleted text begin and 5deleted text end new text begin to 5bnew text end .

Sec. 81.

Minnesota Statutes 2016, section 116.155, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Water quality and sustainability account. new text end

new text begin The water quality and sustainability
account is as described in section 115B.52.
new text end

Sec. 82.

Minnesota Statutes 2016, section 116.155, is amended by adding a subdivision
to read:


new text begin Subd. 5b. new text end

new text begin Natural resources damages account. new text end

new text begin The natural resources damages account
is as described in section 115B.172.
new text end

Sec. 83.

new text begin [116.2025] DEICER APPLICATORS; VOLUNTARY CERTIFICATION
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purpose of this section, the following terms have
the meanings given:
new text end

new text begin (1) "certified commercial applicator" means an individual who applies deicer and has
completed training approved by the commissioner on removing snow and ice and applying
deicer and passed an examination after completing the training;
new text end

new text begin (2) "commercial applicator" means an individual or a company and its employees that
apply deicer for hire, but does not include a municipal, state, or other government employee;
new text end

new text begin (3) "deicer" means any substance used to melt snow and ice, or used for its anti-icing
effects, on privately owned surfaces traveled by pedestrians and vehicles; and
new text end

new text begin (4) "owner" means a person that owns, leases, or manages real estate and the person's
employees that contract in writing with a certified commercial applicator.
new text end

new text begin Subd. 2. new text end

new text begin Voluntary certification program; best management practices. new text end

new text begin (a) The
commissioner of the Pollution Control Agency must develop a training program that promotes
best management practices for removing snow and ice and applying deicer and must allow
individuals who are commercial applicators to obtain certification as a water-friendly
applicator. The commissioner must certify an individual who is a commercial applicator as
a water-friendly applicator if the individual successfully completes the program and passes
the examination.
new text end

new text begin (b) The commissioner must provide additional training under this subdivision for certified
commercial applicators renewing certification after their initial training and certification.
new text end

new text begin (c) The commissioner must provide the training and testing module at locations statewide
and may make the recertification training available online.
new text end

new text begin (d) The commissioner must annually post the best management practices and a list of
certified commercial applicators on the agency's Web site.
new text end

new text begin (e) The commissioner may charge a fee of no more than $250 per certified commercial
applicator for the training or recertification under this subdivision. Fees collected under this
subdivision must be deposited in the environmental fund.
new text end

new text begin Subd. 3. new text end

new text begin Liability. new text end

new text begin (a) A commercial applicator certified under this section; the owner,
occupant, or lessee of real property maintained by a certified commercial applicator; or an
employee of that owner, occupant, or lessee who is certified under this section is not civilly
liable for any claim based on a snow or ice condition arising out of the implementation of
the best management practices developed by the commissioner under this section even if
there is actual notice of the snow or ice condition, except when the snow or ice condition
is affirmatively caused by the willful or reckless acts of the certified commercial applicator
or the employee of the owner, occupant, or lessee who is certified under this section.
Commercial applicators certified under this section; the owner, occupants, or lessees of land
maintained by a certified commercial applicator; and an employee of that owner, occupant,
or lessee who is certified under this section are presumed to be acting pursuant to the best
management practices developed by the commissioner under this section.
new text end

new text begin (b) To receive the immunity protection under paragraph (a), and not for any other purpose,
the commercial applicator, or the employee of the owner, occupant, or lessee, must have a
current certification, pass an exam, complete the winter maintenance assessment tool
requirements developed by the commissioner, and keep a written record describing the road,
parking lot, and property maintenance practices used. The written record must include the
type and rate of application of deicing materials used, the dates of treatment, and the weather
conditions for each event requiring deicing. The records must be kept for a minimum of six
years.
new text end

new text begin (c) The liability of a commercial applicator who applies deicer but is not certified under
this section may not be determined under the standards provided in this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Record keeping. new text end

new text begin (a) A certified commercial applicator or a company employing
one or more certified commercial applicators must maintain the following records as part
of the best management practices approved by the commissioner:
new text end

new text begin (1) a copy of the applicator's certification approved by the commissioner and any
recertification;
new text end

new text begin (2) evidence of passing the examination approved by the commissioner;
new text end

new text begin (3) copies of the assessment tool requirements for winter maintenance developed by the
commissioner; and
new text end

new text begin (4) a written record describing the practices used for road, parking lot, and property
maintenance.
new text end

new text begin (b) The written record under paragraph (a), clause (4), must include the type and rate of
application of deicing materials used, the dates of treatment, and the weather conditions for
each event requiring deicing.
new text end

new text begin (c) Records required under this subdivision must be kept for at least six years.
new text end

new text begin Subd. 5. new text end

new text begin Penalty. new text end

new text begin The commissioner may revoke or decline to renew the certification
of a certified commercial applicator that violates this section or rules adopted under this
section.
new text end

new text begin Subd. 6. new text end

new text begin Relation to other law. new text end

new text begin Nothing in this section affects municipal liability under
section 466.03.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to claims
arising on or after that date.
new text end

Sec. 84.

Minnesota Statutes 2016, section 116.993, subdivision 2, is amended to read:


Subd. 2.

Eligible borrower.

To be eligible for a loan under this section, a borrower
must:

(1) be a small business corporation, sole proprietorship, partnership, or association;

(2) be a potential emitter of pollutants to the air, ground, or water;

(3) need capital for equipment purchases that will meet or exceed environmental
regulations or need capital for site investigation and cleanup;

(4) have deleted text begin lessdeleted text end new text begin fewernew text end than deleted text begin 50deleted text end new text begin 100new text end full-time new text begin equivalent new text end employees;new text begin and
new text end

(5) have an deleted text begin after taxdeleted text end new text begin after-taxnew text end profit of less than $500,000deleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (6) have a net worth of less than $1,000,000.
deleted text end

Sec. 85.

Minnesota Statutes 2016, section 116.993, subdivision 6, is amended to read:


Subd. 6.

Loan conditions.

A loan made under this section must include:

(1) an interest rate that is deleted text begin four percent ordeleted text end new text begin at or belownew text end one-half the prime rate, deleted text begin whichever
is greater
deleted text end new text begin not to exceed five percentnew text end ;

(2) a term of payment of not more than seven years; and

(3) an amount not less than $1,000 or exceeding deleted text begin $50,000deleted text end new text begin $75,000new text end .

Sec. 86.

Minnesota Statutes 2017 Supplement, section 169A.07, is amended to read:


169A.07 FIRST-TIME DWI VIOLATOR; OFF-ROAD VEHICLE OR BOAT.

A person who violates section 169A.20 (driving while impaired) while using an off-road
recreational vehicle or motorboat and who does not have a qualified prior impaired driving
incident is subject only to the criminal penalty provided in section 169A.25 (second-degree
driving while impaired), 169A.26 (third-degree driving while impaired), or 169A.27
(fourth-degree driving while impaired); and loss of operating privileges as provided in
section 84.91, subdivision 1 (operation of snowmobiles or all-terrain vehicles by persons
under the influence of alcohol or controlled substances), or 86B.331, subdivision 1 (operation
of motorboats while using alcohol or with a physical or mental disability), whichever is
applicable. The person is not subject to the provisions of section 169A.275, subdivision 5
(submission to the level of care recommended in chemical use assessment for repeat offenders
and offenders with alcohol concentration of 0.16 or more); 169A.277 (long-term monitoring);
169A.285 (penalty assessment); 169A.44 (conditional release); deleted text begin 169A.54 (impaired driving
convictions and adjudications; administrative penalties); or 169A.54, subdivision 11
(chemical use assessment); the license revocation sanctions of sections 169A.50 to 169A.53
(implied consent law) or 171.177 (revocation; search warrant);
deleted text end or the plate impoundment
provisions of section 169A.60 (administrative impoundment of plates).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to violations
committed on or after that date.
new text end

Sec. 87.

Minnesota Statutes 2016, section 180.03, subdivision 2, is amended to read:


Subd. 2.

Fences.

Every person, firm, or corporation that is or has been engaged in the
business of mining or removing iron ore, taconite, semitaconite or other minerals except
sand, crushed rock, and gravel shall erect and maintain, as a minimum, a three strand wire
fence along the outside perimeter of the excavation, open pit, or shaft of any mine in which
mining operations have ceased for a period of six consecutive months or longer. Based upon
local site conditions that may exist at shafts, caves, or open pits, the county mine inspector
may require more secure fencing such as barbed wire or mesh fence, or may require barriers,
appropriate signs, or any combination of the above, to reduce the possibility of accidental
falls. The county mine inspector may grant exemptions under subdivision 4. Where mining
operations have ceased and not resumed, the fence, barrier, signs, or combination of themnew text begin
required by this section
new text end shall be erected within two years from the date when the county
mine inspector directs the erection of fences, barriers, signs, or combination of them.

Sec. 88.

Minnesota Statutes 2016, section 180.03, subdivision 3, is amended to read:


Subd. 3.

Abandoned mines.

new text begin Except as described in subdivision 4, new text end when a mine is idle
or abandoned it is the duty of the inspector of mines to notify the person, firm, or corporation
that is or has been engaged in the business of mining to erect and maintain around all the
shafts, caves, and open pits of such mines a fence, barrier, appropriate signs, or combination
of them, suitable to warn of the presence of shafts, caves, or open pits and reduce the
possibility of accidentally falling into these shafts, caves, or open pits. If the mine has been
idled or abandoned, or if the person, firm, or corporation that has been engaged in the
business of mining no longer exists, the fee owner shall erectnew text begin and maintainnew text end the fence, barrier,
or signs required by this section. If the fee owner fails to act, the county in which the mining
operation is located may, in addition to any other remedies available, abate the nuisance by
erectingnew text begin or maintainingnew text end the fence, barrier, or signs and assessing the costs and related
expenses pursuant to section 429.101.

Sec. 89.

Minnesota Statutes 2016, section 180.03, subdivision 4, is amended to read:


Subd. 4.

Exemptions.

new text begin (a) The portion of an excavation, cave, open or water-filled pit,
or shaft is exempt from the requirements of this section if:
new text end

new text begin (1) it is located on property owned, leased, or administered by the Office of the
Commissioner of Iron Range Resources and Rehabilitation;
new text end

new text begin (2) it is for the construction, operation, maintenance, or administration of:
new text end

new text begin (i) grants-in-aid trails as defined in section 85.018;
new text end

new text begin (ii) property owned or leased by a municipality, as defined in section 466.01, subdivision
1, that is intended or permitted to be used as a park, an open area for recreational purposes,
or for the provision of recreational services, including the creation of trails or paths without
artificial surfaces; or
new text end

new text begin (iii) recreational use, as defined in section 604A.21, subdivisions 5 and 6, provided the
use is administered by a municipality, as defined in section 466.01, subdivision 1;
new text end

new text begin (3) it is for economic development purposes under chapter 469; or
new text end

new text begin (4) new text end upon written applicationnew text begin by the property ownernew text end , the county mine inspector deleted text begin may
exempt from the requirements of subdivision 2, any abandoned excavation, open pit, or
shaft which
deleted text end new text begin determines that it new text end is provided with fencing, barriers, appropriate signs, or
combinations of them, in a manner that is reasonably similar to the standards in subdivision
2, or deleted text begin whichdeleted text end new text begin if,new text end in the inspector's judgmentnew text begin , itnew text end does not constitute a safety hazard.

new text begin (b) Where an exemption applies, there shall be, at a minimum, appropriate signs posted
by the recipient of the exemption consistent with section 97B.001, subdivision 4:
new text end

new text begin (1) at each location of public access to the mining area restricting access to designated
areas and warning of possible dangers due to the presence of excavations, shafts, caves, or
open or water-filled pits;
new text end

new text begin (2) prohibiting public access beyond the boundaries of the designated public access area;
and
new text end

new text begin (3) identifying those areas where the property on which public access is allowed abuts
private property.
new text end

new text begin (c) Where an exemption applies, to reduce the possibility of inadvertent access beyond
the boundaries of the designated public access area, any new fencing erected by the recipient
of the exemption in accordance with subdivision 2 or 3 shall be maintained by the recipient
of the exemption.
new text end

new text begin (d) Notwithstanding section 180.10, limited openings in preexisting fencing may be
created and maintained by the recipient of the exemption or its agent to provide public
access to the designated public access area.
new text end

new text begin (e) The county mine inspector has the authority to enter, examine, and inspect any and
all property exempted under this section at all reasonable times by day or by night, and, in
addition to enforcing the provisions of this chapter, may make recommendations regarding
the erection of fences, barriers, signs, or a combination of them.
new text end

Sec. 90.

Minnesota Statutes 2016, section 180.10, is amended to read:


180.10 REMOVAL OF FENCE; GUARD.

A worker, employee, or other person who opens, removes, or disturbs any fence, guard,
barrier, sign, or railnew text begin required by section 180.03new text end and fails to close or replace or have the same
closed or replaced again around or in front of any mine shaft, pit, chute, excavation, cave,
or land liable to cave, injure, or destroy, whether by accident, injury, or damage results,
either to the mine or those at work therein, or to any other person, shall be guilty of a
misdemeanor. A worker, employee, or other person who, in regard to any fence, guard,
barrier, sign, or rail, does any of the acts prohibited by section 609.52, commits theft of the
fence, guard, barrier, sign, or rail may be sentenced as provided in section 609.52.

Sec. 91.

new text begin [383A.606] DISCONTINUANCE OF RAMSEY SOIL AND WATER
CONSERVATION DISTRICT; TRANSFER OF DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Discontinuance. new text end

new text begin Notwithstanding section 103C.225, the Ramsey Soil
and Water Conservation District is discontinued effective July 1, 2018, and its duties and
authorities are transferred to the Ramsey County Board of Commissioners.
new text end

new text begin Subd. 2. new text end

new text begin Transfer of duties and authorities. new text end

new text begin The Ramsey County Board of
Commissioners has the duties and authorities of a soil and water conservation district. All
contracts in effect on the date of the discontinuance of the district to which Ramsey Soil
and Water Conservation District is a party remain in force and effect for the period provided
in the contracts. The Ramsey County Board of Commissioners shall be substituted for the
Ramsey Soil and Water Conservation District as party to the contracts and succeed to the
district's rights and duties.
new text end

new text begin Subd. 3. new text end

new text begin Transfer of assets. new text end

new text begin The Ramsey Soil and Water Conservation District Board
of Supervisors shall transfer the assets of the district to the Ramsey County Board of
Commissioners. The Ramsey County Board of Commissioners shall use the transferred
assets for the purposes of implementing the transferred duties and authorities.
new text end

new text begin Subd. 4. new text end

new text begin Reestablishment. new text end

new text begin The Ramsey County Board of Commissioners may petition
the Minnesota Board of Water and Soil Resources to reestablish the Ramsey Soil and Water
Conservation District. Alternatively, the Minnesota Board of Water and Soil Resources
under its authority in section 103C.201, and after giving notice of corrective actions and
time to implement the corrective actions, may reestablish the Ramsey Soil and Water
Conservation District if it determines the goals established in section 103C.005 are not
being achieved. The Minnesota Board of Water and Soil Resources may reestablish the
Ramsey Soil and Water Conservation District under this subdivision without a referendum.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of
Ramsey County and its chief clerical officer timely complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 92.

Minnesota Statutes 2016, section 444.075, subdivision 1a, is amended to read:


Subd. 1a.

Authorization.

Any municipality may build, construct, reconstruct, repair,
enlarge, improve, or in any other manner obtain facilities, and maintain and operate the
facilities inside or outside its corporate limits, and acquire by gift, purchase, lease,
condemnation, or otherwise any and all land and easements required for that purpose. The
authority hereby granted is in addition to all other powers with reference to the facilities
otherwise granted by the laws of this state or by the charter of any municipality. The authority
regarding storm sewers granted to municipalities which have territory within a watershed
which has adopted a watershed plan pursuant to section 103B.231 shall be exercised, with
respect to facilities acquired following the adoption of the watershed plan, only for facilities
which are not inconsistent with the watershed plan. The authority regarding storm sewers
granted to municipalities which have adopted local water management plans pursuant to
section 103B.235 shall be exercised, with respect to facilities acquired following the adoption
of a local plan, only for facilities which are not inconsistent with the local plan. Countiesdeleted text begin ,
except counties in the seven-county metropolitan area,
deleted text end shall have the same authority granted
to municipalities by this subdivision except for areas of the county organized into cities and
areas of the county incorporated within a sanitary district established by special act of the
legislature.

Sec. 93.

Minnesota Statutes 2016, section 473.8441, subdivision 4, is amended to read:


Subd. 4.

Grant conditions.

The commissioner shall administer grants so that the
following conditions are met:

(a) A county must apply for a grant in the manner determined by the commissioner. The
application must describe the activities for which the grant will be used.

(b) The activities funded must be consistent with the metropolitan policy plan and the
county master plan.

(c) A grant must be matched by equal deleted text begin countydeleted text end new text begin localnew text end expenditures for the activities for
which the grant is made.new text begin A local expenditure may include, but is not limited to, an
expenditure by a local unit of government, tribal government, or private sector or nonprofit
organization.
new text end

(d) All grant funds must be used for new activities or to enhance or increase the
effectiveness of existing activities in the county.new text begin Grant funds must not be used for research
or development of a product that would be patented, copyrighted, or a subject of trade
secrets.
new text end

(e) Counties shall provide support to maintain effective municipal recycling where it is
already established.

Sec. 94.

Laws 2015, First Special Session chapter 4, article 4, section 136, as amended
by Laws 2017, chapter 93, article 2, section 149, is amended to read:


Sec. 136. WILD RICE WATER QUALITY STANDARDS.

(a) Until the commissioner of the Pollution Control Agency amends rules refining the
wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, to consider
all independent research and publicly funded research and to include criteria for identifying
waters and a list of waters subject to the standard, implementation of the wild rice water
quality standard in Minnesota Rules, part 7050.0224, subpart 2, shall be limited to the
following, unless the permittee requests additional conditions:

(1) when issuing, modifying, or renewing national pollutant discharge elimination system
(NPDES) or state disposal system (SDS) permits, the agency shall endeavor to protect wild
rice, and in doing so shall be limited by the following conditions:

(i) the agency shall not require permittees to expend money for design or implementation
of sulfate treatment technologies or other forms of sulfate mitigation; and

(ii) the agency may require sulfate minimization plans in permits; and

(2) the agency shall not list waters containing natural beds of wild rice as impaired for
sulfate under section 303(d) of the federal Clean Water Act, United States Code, title 33,
section 1313, until the rulemaking described in this paragraph takes effect.

(b) Upon the rule described in paragraph (a) taking effect, the agency may reopen permits
issued or reissued after the effective date of this section as needed to include numeric permit
limits based on the wild rice water quality standard.

deleted text begin (c) The commissioner shall complete the rulemaking described in paragraph (a) by
January 15, 2019.
deleted 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. 95.

Laws 2016, chapter 189, article 3, section 48, is amended to read:


Sec. 48. LAKE SERVICE PROVIDER FEASIBILITY REPORT.

The commissioner of natural resources shall report to the chairs of the house of
representatives and senate committees with jurisdiction over natural resources by January
15, deleted text begin 2019deleted text end new text begin 2020new text end , regarding the feasibility of expanding permitting to service providers as
described in Minnesota Statutes, section 84D.108, subdivision 2a, to other water bodies in
the state. The report must:

(1) include recommendations for state and local resources needed to implement the
program;

(2) assess local government inspection roles under Minnesota Statutes, section 84D.105,
subdivision 2
, paragraph (g); and

(3) assess whether mechanisms to ensure that water-related equipment placed back into
the same body of water from which it was removed can adequately protect other water
bodies.

Sec. 96.

Laws 2017, chapter 93, article 2, section 155, subdivision 5, is amended to read:


Subd. 5.

Sunset.

This section expires deleted text begin twodeleted text end new text begin sixnew text end years from the day following final
enactment.

Sec. 97.

Laws 2017, chapter 93, article 2, section 163, is amended to read:


Sec. 163. ACTION TO OBTAIN ACCESS PROHIBITED; CLEARWATER
COUNTY.

deleted text begin Before July 1, 2018,deleted text end The commissioner of natural resources must not initiate a civil
action to obtain access to Island Lake FMHA Wildlife Management Area in Clearwater
County.

Sec. 98. new text begin APPLICATION OF STORM WATER RULES TO TOWNSHIPS.
new text end

new text begin Until the Pollution Control Agency amends rules for storm water, Minnesota Rules, part
7090.1010, subpart 1, item B, subitem (1), only applies to the portions of the city or township
that are designated as urbanized under Code of Federal Regulations, title 40, section 122.26
(a)(9)(i)(A), and other platted areas within that jurisdiction.
new text end

Sec. 99. new text begin RULEMAKING; DISPOSAL FACILITY CERTIFICATES.
new text end

new text begin (a) The commissioner of the Pollution Control Agency must amend Minnesota Rules,
part 7048.1000, subpart 4, item D, to require six contact hours of required training to renew
a type IV disposal facility certificate.
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
section 14.388.
new text end

Sec. 100. new text begin RECREATIONAL TRAILS; ENVIRONMENTAL REVIEW;
RULEMAKING.
new text end

new text begin (a) The Environmental Quality Board must amend Minnesota Rules, chapter 4410, to
be consistent with this section, including amending Minnesota Rules, part 4410.4300, subpart
37, as follows:
new text end

new text begin (1) item A must be amended to read: "Constructing a trail at least 25 miles long on
forested or other naturally vegetated land for a recreational use unless exempted by part
4410.4600, subpart 14, item D. In applying this item, if a proposed trail will contain segments
of newly constructed trail and segments that will follow an existing trail but be designated
for a new motorized use, an EAW must be prepared if the sum of the quotients obtained by
dividing the length of the new construction by 25 miles and length of the existing but newly
designated trail by 25 miles equals or exceeds one. Additions and designations under items
C and D do not apply to this formula.";
new text end

new text begin (2) item B must be amended to read: "Designating at least 25 miles of an existing trail
for a new motorized recreational use other than snowmobiling. In applying this item, if a
proposed trail will contain segments of newly constructed trail and segments that will follow
an existing trail but be designated for a new motorized use, an EAW must be prepared if
the sum of the quotients obtained by dividing the length of the new construction by 25 miles
and the length of the existing but newly designated trail by 25 miles equals or exceeds one.
Additions and designations under items C and D do not apply to this formula.";
new text end

new text begin (3) a new item C must be adopted to read: "When adding a new motorized recreational
use or seasonal motorized recreational use to an existing motorized recreational trail if the
treadway width is not expanded as a result of the added use, a mandatory EAW is not
required."; and
new text end

new text begin (4) a new item D must be adopted to read: "When designating an existing, legally
constructed route for motorized recreational use, a mandatory EAW is not required."
new text end

new text begin (b) The board may use the good cause exemption rulemaking procedure under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and
Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota
Statutes, section 14.388.
new text end

Sec. 101. new text begin WETLAND REPLACEMENT; FRAMEWORKS FOR IN-LIEU FEE
PROGRAM.
new text end

new text begin The Board of Water and Soil Resources, in cooperation with the United States Army
Corps of Engineers, may complete the planning frameworks and other program application
requirements necessary for federal approval of an in-lieu fee program, as authorized under
Minnesota Statutes, section 103G.2242, in the Red River basin and the greater than 80
percent area. The planning frameworks must contain a prioritization strategy for selecting
and implementing mitigation activities based on a watershed approach that includes
consideration of historic resource loss within watersheds and the extent to which mitigation
can address priority watershed needs. The board must consider the recommendations of the
report "Siting of Wetland Mitigation in Northeast Minnesota," dated March 7, 2014, and
implementation of Minnesota Statutes, section 103B.3355, paragraphs (e) and (f), in
developing proposed planning frameworks for applicable watersheds. When completing
the work and pursuing approval of an in-lieu fee program, the board must do so consistent
with the applicable requirements, stakeholder and agency review processes, and approval
time frames in Code of Federal Regulations, title 33, section 332. The board must submit
any completed planning frameworks to the chairs and ranking minority members of the
house of representatives and the senate committees and divisions with jurisdiction over
environment and natural resources upon receiving federal approval.
new text end

Sec. 102. new text begin TEMPORARY ENFORCEMENT OF GROUNDWATER
APPROPRIATION PERMIT REQUIREMENTS.
new text end

new text begin (a) Until July 1, 2019, the commissioner of natural resources must not expend funds to
suspend or revoke a water appropriation permit, issue an order requiring a violation to be
corrected, assess monetary penalties, or otherwise take enforcement action against a water
appropriation permit holder if the suspension, revocation, order, penalty, or other enforcement
action is based solely on a violation of a permit requirement added to a groundwater
appropriation permit within the north and east metro groundwater management area as a
result of a court order issued in 2017.
new text end

new text begin (b) The commissioner of natural resources may continue to use all the authorities granted
to the commissioner under Minnesota Statutes, section 103G.287, to manage groundwater
resources within the north and east groundwater management area.
new text end

Sec. 103. new text begin GROUNDWATER MANAGEMENT AREA PERMIT REQUIREMENTS.
new text end

new text begin (a) Notwithstanding water appropriation permit requirements added by the commissioner
of natural resources as a result of a court order issued in 2017, a public water supplier located
in the seven-county metropolitan area within a designated groundwater management area:
new text end

new text begin (1) is not required to revise a water supply plan to include contingency plans to fully or
partially convert its water supplies to surface water;
new text end

new text begin (2) may prepare, enact, and enforce commercial or residential irrigation bans or alternative
measures that achieve similar water use reductions when notified by the commissioner of
natural resources that lake levels have fallen below court-ordered levels; and
new text end

new text begin (3) is not required to use per capita residential water use as a measure for purposes of
water use reduction goals, plans, and implementation and may submit water use plans and
reports that use a measure other than per capita residential water use.
new text end

new text begin (b) This section expires July 1, 2019.
new text end

Sec. 104. new text begin 1837 CEDED TERRITORY FISHERIES TECHNICAL COMMITTEE.
new text end

new text begin The commissioner of natural resources may invite at least two fish managers as designated
by the commissioner to attend all meetings of the 1837 Ceded Territory Fisheries Technical
Committee.
new text end

Sec. 105. new text begin CARBON MONOXIDE EXPOSURE; FISH HOUSES AND ICE
SHELTERS; REPORT.
new text end

new text begin The commissioner of natural resources must work with fish house and ice shelter
manufacturers and other interested parties to identify best practices to reduce fish house
and ice shelter user exposure to carbon monoxide. The commissioner must increase outreach
efforts relating to the dangers of carbon monoxide exposure in fish houses and report
recommendations to the chairs of the house of representatives and senate committees and
divisions with jurisdiction over environment and natural resources policy by January 15,
2019.
new text end

Sec. 106. new text begin NONPOINT PRIORITY FUNDING PLAN; REPORT.
new text end

new text begin The Board of Water and Soil Resources, in cooperation with representatives of state
agencies, local governments, tribal governments, private and nonprofit organizations, and
others must review the nonpoint priority funding plan under Minnesota Statutes, section
114D.50, subdivision 3a. By January 31, 2019, the board must submit a report to the chairs
and ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over environment and natural resources that contains
recommendations to improve the effectiveness of nonpoint priority funding plans to meet
the requirements in Minnesota Statutes, section 114D.50, subdivision 3a, the purposes in
Minnesota Statutes, section 114D.50, subdivision 3, and the watershed and groundwater
restoration and protection goals of Minnesota Statutes, chapters 103B and 114D.
new text end

Sec. 107. new text begin HILL-ANNEX MINE STATE PARK; MANAGEMENT AND OPERATION.
new text end

new text begin (a) The commissioner of natural resources must operate the Hill-Annex Mine State Park
for the purposes it was established through June 30, 2021. The commissioner must work
with the group established under Laws 2017, chapter 93, article 2, section 156, to review
park activities and the alternate operating model developed and identify options for
sustainable and viable operation of the park site. The commissioner must submit
recommendations to the chairs and ranking minority members of the house of representatives
and senate committees and divisions with jurisdiction over the environment and natural
resources by January 15, 2021.
new text end

new text begin (b) The commissioner of natural resources must work with the city of Calumet, other
neighboring cities and townships, and other local units of government to identify and
coordinate volunteers to supplement the Department of Natural Resources' park operations
to the extent allowable under state law and rules.
new text end

Sec. 108. new text begin DEMOLITION DEBRIS LANDFILLS; PERMITTING; GROUNDWATER
EVALUATION.
new text end

new text begin (a) In issuing or reissuing a class I demolition land disposal facility permit, the Minnesota
Pollution Control Agency must consider environmental benefits and impacts, social and
economic factors, the feasibility and practicability of the permit conditions, and whether
the burden of any resulting tax or fee is reasonable, feasible, or practicable. A permit issued
under this section must be in accordance with Minnesota Rules, part 7035.2825, and the
Pollution Control Agency's Demolition Landfill Guidance published August 2005. The
Pollution Control Agency must not impose permit conditions on class 1 demolition land
disposal facilities, including requirements for enhanced cover and hydrogeologic sampling,
analysis, and reporting, that are not contained in current rules or the Demolition Landfill
Guidance unless revised rules are adopted reflecting the restrictions on permits required by
this paragraph.
new text end

new text begin (b) The Pollution Control Agency must use existing appropriations to contract with an
independent laboratory to develop a sampling protocol and to collect, analyze, and evaluate
groundwater quality data from demolition debris land disposal facilities under a monitoring
program in accordance with the Pollution Control Agency's Demolition Landfill Guidance
published August 2005. Data on groundwater quality must be evaluated in reference to and
in accordance with the definition of pollutant under Minnesota Statutes, section 103H.005,
subdivision 11, based on the Minnesota Department of Health's adopted health risk limits
and health risk values. In evaluating pollutants, a laboratory must consider whether pollutant
concentrations may originate from activities not associated with the permitted demolition
debris land disposal facility. By November 1, 2018, the agency must submit a report of the
evaluation to the chairs and ranking minority members of the senate and house of
representatives committees with jurisdiction over environment and natural resources finance.
new text end

Sec. 109. new text begin PUBLIC DRAINAGE DITCH BUFFER STRIP; PLANTING AND
MAINTENANCE.
new text end

new text begin With the consent of the property owner where the drainage ditch buffer will be located,
a drainage authority, as defined in Minnesota Statutes, section 103E.005, subdivision 9,
may plant and maintain 16-1/2-foot ditch buffer strips that meet the width and vegetation
requirements of Minnesota Statutes, section 103E.021, before acquiring and compensating
for the buffer strip land rights according to Minnesota Statutes, chapter 103E. Planting and
maintenance costs may be paid in accordance with Minnesota Statutes, chapter 103E. This
section expires June 30, 2019.
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. 110. new text begin WILD RICE; LEGISLATIVE FINDINGS.
new text end

new text begin (a) The legislature finds that naturally occurring wild rice is an ecologically and culturally
important aquatic plant resource found in certain waters within the state, which serves as a
food source for wildlife and humans. The legislature further finds that in recognition of the
unique importance of this resource, the Pollution Control Agency, in conjunction with
Minnesota Indian tribes, has identified and listed, in rule, select wild-rice waters for which
the water quality and the aquatic habitat necessary to support the propagation and
maintenance of wild rice must not be materially impaired or degraded. The legislature also
finds that identifying and listing additional wild-rice waters based upon their exceptional
wild-rice characteristics is an appropriate method of protecting naturally occurring wild
rice.
new text end

new text begin (b) The legislature further finds that federal law vests broad authority in the state to
define beneficial uses for waters for the state and grants the state the primary responsibility
and right to plan the development and use of the state's water resources and to specify
appropriate water uses to be achieved and protected. The legislature also finds that certain
waters of the state are used to irrigate wild rice intentionally grown as an agricultural crop,
which is an appropriate beneficial use to be achieved and protected and which is the only
established beneficial use specifically pertaining to wild rice. The legislature also finds that
Minnesota has a unique numeric water quality standard for sulfate in rule to protect this
beneficial use to permit the use of waters for irrigation for the production of wild rice that
is based on outdated information and ignores the current scientific understanding of the
potential impacts of sulfate on wild rice.
new text end

new text begin (c) The legislature further finds that it is contrary to the public welfare to impose
requirements or burdens on regulated parties in Minnesota on the basis of a water quality
standard that ignores current science. The legislature also finds that the water quality standard
for sulfate has not been enforced in Minnesota since it was adopted in 1973, that the Pollution
Control Agency has not designated in rules any waters subject to the water quality standard
for sulfate, and that initiating enforcement of the existing obsolete standard would impose
prohibitively expensive burdens on regulated parties with potentially grave economic impacts
on Minnesota communities and industry.
new text end

new text begin (d) In recognition of the existence in rule of a water quality standard for sulfate that is
not supported by current scientific information, in recognition of the potentially grave
consequences that would occur from enforcement of that obsolete standard, and recognizing
that the administrative process to repeal the rule has proven to be inefficient and will not
provide the regulatory certainty required in a timely manner in the absence of legislative
action, the legislature finds that the most effective means to serve the welfare of the state
is to enact sections 111 to 116 to eliminate the water quality standard for sulfate, leaving
in place sufficient other provisions in law and rule for the protection of naturally occurring
wild rice, including but not limited to the listing of additional select wild-rice waters.
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. 111. new text begin WATER QUALITY STANDARD FOR SULFATE; RULEMAKING.
new text end

new text begin The commissioner of the Pollution Control Agency may not adopt, modify, or proceed
with any revisions to the rules pertaining to water quality standards for sulfate for wild-rice
waters in Minnesota Rules, part 7050.0224, subpart 2, that were disapproved by the chief
administrative law judge on January 11, 2018, without again going through the rulemaking
procedures under Minnesota Statutes, sections 14.05 to 14.28, except Minnesota Statutes,
section 14.101, does not apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 11, 2018.
new text end

Sec. 112. new text begin IDENTIFICATION AND LISTING OF WILD-RICE WATERS.
new text end

new text begin The commissioner of the Pollution Control Agency may evaluate the waters of the state
to determine if any additional waters containing naturally occurring wild rice have exceptional
wild-rice characteristics. The commissioner may, by rule, identify and list these waters as
[WR] waters where the water quality and the aquatic habitat necessary to support the
propagation and maintenance of wild rice must not be materially impaired or degraded.
Before identifying and listing a wild-rice water, the commissioner must establish, in a
separate and prior rulemaking, criteria to be used in identifying and listing wild-rice waters.
The criteria must include the following, each of which must be met before a water body
can be identified and listed as a wild-rice water:
new text end

new text begin (1) the history of harvesting wild rice;
new text end

new text begin (2) minimum acreage; and
new text end

new text begin (3) minimum density of wild rice.
new text end

Sec. 113. new text begin APPLICATION OF WATER QUALITY STANDARD FOR SULFATE
FOR WILD-RICE WATERS.
new text end

new text begin The commissioner of the Pollution Control Agency must not apply the water quality
standard for sulfate for wild-rice waters nullified in this act when issuing, modifying, or
renewing national pollutant discharge elimination system or state disposal system permits.
The commissioner of the Pollution Control Agency must take all steps necessary to conform
the agency's rules and practices to this act and to ensure that no regulated party is required
to take any action or bear any burden arising from the nullified water quality standard for
sulfate unless requested by the permittee.
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. 114. new text begin APPLICATION OF EQUATION-BASED WATER QUALITY STANDARD
FOR WILD-RICE WATERS.
new text end

new text begin The commissioner of the Pollution Control Agency must not apply the proposed
equation-based sulfate standard rejected by the chief administrative law judge on January
11, 2018, including as a numeric translator to the narrative sulfate standard for wild rice
under Minnesota Rules, part 7050.0150, subpart 3, or 7050.0224, subpart 1, when issuing,
modifying, or renewing national pollutant discharge elimination system or state disposal
system permits.
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. 115. new text begin APPLICATION OF WATER QUALITY STANDARDS; IRRIGATION.
new text end

new text begin The commissioner of the Pollution Control Agency must not apply a water quality
standard established to protect water quality for purposes of permitting the water's use for
irrigation without significant damage or adverse effects upon crops or vegetation, including
water used for the production of wild rice, unless the water is appropriated for irrigation
use.
new text end

Sec. 116. new text begin NULLIFICATION OF WATER QUALITY STANDARD FOR SULFATE
IN WILD-RICE WATERS.
new text end

new text begin (a) Notwithstanding Minnesota Rules, part 7050.0224, subpart 2, there is no numeric,
nonnarrative, water quality standard for sulfates in class 4A waters in the state until the
commissioner of the Pollution Control Agency adopts a standard in accordance with section
111.
new text end

new text begin (b) That portion of Minnesota Rules, part 7050.0224, subpart 2, that conflicts with
paragraph (a) is nullified and does not have the force and effect of law.
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. 117. new text begin WILD RICE REPORT.
new text end

new text begin (a) The commissioner of natural resources must convene a work group consisting of
state, tribal, and public experts familiar with the agronomy and hydrology that supports
naturally occurring wild rice. The work group's purpose is to advise the commissioner in
the preparation of a report on wild rice.
new text end

new text begin (b) The commissioner of natural resources must submit a report to the state's tribal
governments and the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over environment and natural resources by January 15, 2019,
that:
new text end

new text begin (1) provides recommendations on actions necessary to preserve and improve the health
of existing natural wild rice beds;
new text end

new text begin (2) includes recommendations on monitoring the effectiveness of restoration and
protection activities;
new text end

new text begin (3) identifies best management practices for natural wild rice protection and restoration
and recommendations for expanding the use of effective best management practices; and
new text end

new text begin (4) identifies areas in which to implement the best management practices.
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