Minnesota Legislature
HF 3911
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/24/2024 02:12pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/16/2024 | |
| 1st Engrossment | Posted on 04/24/2024 |
Current Version - 1st Engrossment
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 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 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 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
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 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 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 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 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 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 13.35 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 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
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 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 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 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
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 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 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 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 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 24.32 24.33 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 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 26.30 26.31 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
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 29.33 29.34
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 31.29 31.30 31.31 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 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 33.31 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 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 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 36.31 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 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 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 40.32 40.33 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 43.29 43.30 43.31 43.32 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 44.30 44.31 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
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 49.31 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 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 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 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 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 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 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 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 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
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
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 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 63.30 63.31 63.32 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 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 65.32 65.33 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 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 67.32 67.33 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 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
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 71.28 71.29
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
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 74.30 74.31 74.32 74.33 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 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 76.32 76.33 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 77.33 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
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 80.30 80.31 80.32 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 81.31 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 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 84.32 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 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 88.31 88.32 88.33 88.34 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 89.27 89.28 89.29
89.30 89.31 89.32 89.33 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 92.1 92.2
92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 93.1 93.2 93.3 93.4 93.5 93.6 93.7
93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20
93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21
94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12
95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21
95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21
99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15
106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12
109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19
110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28
112.29 112.30 112.31 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33
115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30
116.1 116.2 116.3 116.4 116.5 116.6 116.7
116.8 116.9 116.10 116.11
116.12 116.13 116.14 116.15 116.16
116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25
116.26 116.27 116.28 116.29 116.30 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14
117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9
118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27
119.1 119.2
119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 121.1 121.2 121.3 121.4 121.5
121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30
123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25
124.26 124.27 124.28 124.29 125.1 125.2 125.3 125.4 125.5 125.6
125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19
125.20 125.21 125.22 125.23 125.24 125.25 125.26
125.27 125.28 125.29 125.30 125.31 126.1 126.2 126.3 126.4 126.5
126.6 126.7
126.8 126.9
126.10 126.11 126.12 126.13 126.14 126.15
126.16 126.17 126.18 126.19
126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28
127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25
127.26 127.27 127.28 127.29 127.30 127.31 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25
128.26 128.27 128.28 128.29 128.30 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31
130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16
130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28
130.29 130.30 130.31 130.32 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24
A bill for an act
relating to state government; modifying disposition of certain state revenue and
property; modifying remedies, penalties, and enforcement; providing for boat wrap
product stewardship; providing for compliance protocols for certain air pollution
facilities; providing for recovery of certain state costs; establishing certain priorities
in environmental regulation; prohibiting certain mercury-containing lighting;
establishing and modifying grant and rebate programs; modifying recreational
vehicle regulation; modifying use of state lands; providing for tree planting;
extending Mineral Coordinating Committee; modifying game and fish laws;
modifying Water Law; establishing Packaging Waste and Cost Reduction Act;
providing for domestic hog control; modifying fur farm provisions; modifying
pesticide and fertilizer regulation; modifying agricultural development provisions;
creating task force; classifying data; providing criminal penalties; requiring studies
and reports; requiring rulemaking; appropriating money; amending Minnesota
Statutes 2022, sections 13.7931, by adding a subdivision; 16A.125, subdivision
5; 16A.152, subdivision 1b; 18B.01, by adding a subdivision; 18C.005, by adding
a subdivision; 21.81, by adding a subdivision; 84.027, subdivision 12; 84.0895,
subdivision 1; 84.777, subdivisions 1, 3, by adding a subdivision; 84.871; 84.943,
subdivision 5, by adding a subdivision; 88.82; 89.36, subdivision 1; 89.37,
subdivision 3; 93.0015, subdivision 3; 97A.015, by adding a subdivision; 97A.105;
97A.341, subdivisions 1, 2, 3; 97A.345; 97A.425, subdivision 4, by adding a
subdivision; 97A.475, subdivisions 2, 3; 97A.505, subdivision 8; 97A.512; 97A.56,
subdivisions 1, 2, by adding a subdivision; 97B.001, by adding a subdivision;
97B.022, subdivisions 2, 3; 97B.516; 97C.001, subdivision 2; 97C.005, subdivision
2; 97C.395, as amended; 97C.411; 103B.101, subdivisions 12, 12a; 103F.211,
subdivision 1; 103F.48, subdivision 7; 103G.005, subdivision 15; 103G.315,
subdivision 15; 115.071, subdivisions 1, 3, 4, by adding subdivisions; 115A.02;
115A.03, by adding a subdivision; 115A.5502; 115B.421; 116.07, subdivision 9,
by adding subdivisions; 116.072, subdivisions 2, 5; 116.11; 116.92, by adding a
subdivision; 116D.02, subdivision 2; 473.845, by adding a subdivision; Minnesota
Statutes 2023 Supplement, sections 16A.152, subdivision 2; 17.457, as amended;
21.86, subdivision 2; 41A.30, subdivisions 1, 3; 97B.071; 103B.104; 103F.06, by
adding a subdivision; 103G.301, subdivision 2; 115.03, subdivision 1; 116P.09,
subdivision 6; 116P.18; Laws 2023, chapter 60, article 1, section 3, subdivision
10; proposing coding for new law in Minnesota Statutes, chapters 84; 97A; 97C;
103F; 115A; 116; 473; repealing Minnesota Statutes 2022, sections 17.353; 84.033,
subdivision 3; 84.926, subdivision 1; 97B.802; 115A.5501; Laws 2003, chapter
128, article 1, section 167, subdivision 1, as amended; Minnesota Rules, part
6100.0500, subpart 8d.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS
Section 1. new text begin POLLUTION CONTROL AGENCY; APPROPRIATIONS.
new text end
new text begin
(a) $5,500,000 in fiscal year 2025 is appropriated from the general fund to the
commissioner of the Pollution Control Agency for legal costs. This is a onetime appropriation
and is available until June 30, 2027.
new text end
new text begin
(b) $525,000 in fiscal year 2025 is appropriated from the environmental fund to the
commissioner of the Pollution Control Agency for the Operations Division legal services
that support industrial compliance programs.
new text end
new text begin
(c) $2,975,000 in fiscal year 2025 is appropriated from the environmental fund to the
commissioner of the Pollution Control Agency for prioritizing air regulatory program work
in environmental justice areas. This appropriation is available until June 30, 2027. The base
in fiscal year 2026 and thereafter is $2,625,000.
new text end
new text begin
(d) $1,025,000 in fiscal year 2025 is appropriated from the environmental fund to the
commissioner of the Pollution Control Agency to construct and operate a mobile emissions
regulatory monitoring trailer. This appropriation is available until June 30, 2027. The base
in fiscal year 2026 and thereafter is $535,000.
new text end
new text begin
(e) $88,000 in fiscal year 2025 is appropriated from the environmental fund to the
commissioner of the Pollution Control Agency to prepare a report on state agency salt
purchases as required under Minnesota Statutes, section 116.2021.
new text end
new text begin
(f) $88,000 in fiscal year 2025 is appropriated from the environmental fund to the
commissioner of the Pollution Control Agency to prepare a report on state agency nitrogen
fertilizer purchases as required under Minnesota Statutes, section 116.2022.
new text end
new text begin
(g) $350,000 in fiscal year 2025 is appropriated from the environmental fund to the
commissioner of the Pollution Control Agency to prepare and implement a strategy to
analyze PFAS in sewage sludge prepared for land application as required in this act. This
is a onetime appropriation.
new text end
new text begin
(h) $319,000 in fiscal year 2025 is appropriated from the environmental fund to the
commissioner of the Pollution Control Agency for the Critical Materials Recovery Advisory
Task Force required under this act. This is a onetime appropriation and is available until
June 30, 2026.
new text end
new text begin
(i) $2,000,000 in fiscal year 2025 is appropriated from the environmental fund to the
commissioner of the Pollution Control Agency to develop and establish a list of facilities
under Minnesota Statutes, section 116.0718. This is a onetime appropriation and is available
until June 30, 2026.
new text end
new text begin
(j) $1,000,000 in fiscal year 2025 is appropriated from the environmental fund to the
commissioner of the Pollution Control Agency for the lawn and snow removal equipment
electrification rebate program under Minnesota Statutes, section 116.996. This is a onetime
appropriation and is available until June 30, 2027.
new text end
new text begin
(k) Of the amount appropriated under Laws 2023, chapter 60, article 1, section 2
subdivision 2, paragraph (k), for a climate resiliency and water infrastructure grant program,
up to $5,000,000 may be used to supplement any federal grant that the commissioner receives
under the United States Environmental Protection Agency's Climate Pollution Reduction
Grant (CPRG) program.
new text end
new text begin
(l) The amount remaining from the appropriation under Laws 2023, chapter 60, article
1, section 2, subdivision 7, paragraph (u), for rulemaking to provide safe disposal of waste
treated seeds may be transferred to the commissioner of agriculture for purposes of
implementing Minnesota Statutes, section 21.86, subdivision 2, and is available until June
30, 2026.
new text end
new text begin
(m) Any unspent portion of the appropriation under Laws 2023, chapter 60, article 1,
section 2, subdivision 2, paragraph (t), remaining after the PFAS manufacturers fee work
group report has been submitted to the legislature must be used for the PFAS removal report
required under this act and is available until June 30, 2025.
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. 2. new text begin DEPARTMENT OF NATURAL RESOURCES; APPROPRIATIONS AND
TRANSFERS.
new text end
new text begin
(a) $1,300,000 in fiscal year 2024 is appropriated from the general fund to the
commissioner of natural resources for legal costs. This is a onetime appropriation and is
available until June 30, 2025.
new text end
new text begin
(b) $200,000 in fiscal year 2024 is appropriated from the general fund to the commissioner
of natural resources for public safety response costs.
new text end
new text begin
(c) $7,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of natural resources for a report on the expenditure of money during fiscal years 2024 and
2025 authorized under Minnesota Statutes, section 84.943. The commissioner must submit
the report to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over environment and natural resources by January 15, 2026.
This is a onetime appropriation and is available until June 30, 2026.
new text end
new text begin
(d) $200,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of natural resources to prepare and submit a report on reopening General C.C. Andrews
State Nursery to provide conservation-grade container seedlings to meet the state's
reforestation needs. The report must be submitted to the chairs and ranking minority members
of the legislative committees and divisions with jurisdiction over environment and natural
resources by January 15, 2025, and include funding recommendations and any statutory
changes necessary to reopen the nursery and produce the seedlings. This is a onetime
appropriation.
new text end
new text begin
(e) $2,600,000 in fiscal year 2024 is appropriated to the commissioner of natural resources
to support development and implementation of a modern licensing system. Of this amount,
$330,000 is from the water recreation account; $80,000 is from the snowmobile account;
$204,000 is from the all-terrain vehicle account; $7,000 is from the off-highway motorcycle
account; $4,000 is from the off-road vehicle account; and $1,975,000 is from the game and
fish fund. This appropriation is available until June 30, 2026.
new text end
new text begin
(f) $300,000 in fiscal year 2025 is appropriated to the commissioner of natural resources
to maintain current law enforcement service levels. Of this amount, $30,000 is from the
water recreation account; $15,000 is from the all-terrain vehicle account; and $255,000 is
from the game and fish fund. The base for fiscal year 2026 and thereafter is $1,080,000,
and of this amount, $108,000 is from the water recreation account; $54,000 is from the
all-terrain vehicle account; and $918,000 is from the game and fish fund.
new text end
new text begin
(g) $30,000 in fiscal year 2025 is appropriated from the game and fish fund to the
commissioner of natural resources to test source water at state fish hatcheries and for
reporting required under Minnesota Statutes, section 97C.202.
new text end
new text begin
(h) $4,000,000 in fiscal year 2025 is appropriated from the natural resources fund to the
commissioner of natural resources to plant trees in state parks and state recreation areas.
This appropriation is from revenue deposited in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (h), clause (2). This is a onetime appropriation and is
available until June 30, 2026.
new text end
new text begin
(i) Notwithstanding Minnesota Statutes, section 297A.94, $3,400,000 in fiscal year 2025
is appropriated from the heritage enhancement account in the game and fish fund to the
commissioner of natural resources for community tree-planting grants under Minnesota
Statutes, section 84.705. Of this amount, $300,000 is for a grant to the city of Northfield
and $300,000 is for a grant to the city of St. Peter. This is a onetime appropriation and is
available until June 30, 2026.
new text end
new text begin
(j) $700,000 in fiscal year 2025 is appropriated from the heritage enhancement account
in the game and fish fund to the commissioner of natural resources for implementation of
feral swine and fur farm requirements under this act. The base for this appropriation in fiscal
year 2026 and thereafter is $550,000.
new text end
new text begin
(k) $1,500,000 in fiscal year 2025 is appropriated from the all-terrain vehicle account
in the natural resources fund to the commissioner of natural resources for the grant-in-aid
program under Minnesota Statutes, section 84.927, subdivision 2, paragraph (a), clause (4).
This amount is a onetime addition to the base for fiscal year 2025. For fiscal year 2026 and
thereafter, $200,000 is added to the base.
new text end
new text begin
(l) $1,200,000 in fiscal year 2025 is appropriated from the all-terrain vehicle account in
the natural resources fund to the commissioner of natural resources for a grant to St. Louis
County to construct and maintain the Prospector Loop all-terrain vehicle trail system. This
is a onetime appropriation and is available until June 30, 2028.
new text end
new text begin
(m) $100,000 in fiscal year 2025 is appropriated from the off-road vehicle account in
the natural resources fund to the commissioner of natural resources to amend rules, place
signs, and implement the changes to off-highway vehicle operations on state lands required
in this act. This is a onetime appropriation and is available until June 30, 2026.
new text end
new text begin
(n) Notwithstanding Minnesota Statutes, section 297A.94, paragraph (j), $400,000 in
fiscal year 2025 is appropriated from the natural resources fund to the commissioner of
natural resources for a grant to the city of South St. Paul to predesign and design a new
swimming pool and aquatics center. This appropriation is from revenue deposited in the
natural resources fund under Minnesota Statutes, section 297A.94, paragraph (j). This is a
onetime appropriation and is available until June 30, 2028.
new text end
new text begin
(o) $300,000 in fiscal year 2025 is appropriated from the natural resources fund to the
commissioner of natural resources for grants to be divided equally between the city of St.
Paul for the Como Park Zoo and Conservatory and the city of Duluth for the Lake Superior
Zoo for purposes of planting trees within the zoos. This appropriation is from revenue
deposited to the natural resources fund under Minnesota Statutes, section 297A.94, paragraph
(h), clause (5). This is a onetime appropriation and is available until June 30, 2026.
new text end
new text begin
(p) $417,000 in fiscal year 2025 is transferred from the forest suspense account to the
permanent school fund and appropriated from the permanent school fund to the commissioner
of natural resources for the school trust lands director to conduct the study of the recreational
use of school trust lands required under this act. This is a onetime appropriation and is
available until June 30, 2026.
new text end
new text begin
(q) Up to $3,148,000 in fiscal year 2025 is available for transfer from the critical habitat
private sector matching account to the reinvest in Minnesota fund for the commissioner of
natural resources to convert corn plots to native vegetation, including but not limited to
trees. The commissioner may quantify carbon sequestration achieved under Minnesota
Statutes, section 84.9736, and this transfer. The base for this transfer is $0 in fiscal year
2028 and beyond.
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. 3. new text begin BOARD OF WATER AND SOIL RESOURCES; APPROPRIATIONS.
new text end
new text begin
(a) $1,337,000 in fiscal year 2025 is appropriated from the general fund to the Board of
Water and Soil Resources for the lawns to legumes program under Minnesota Statutes,
section 103B.104. The board may enter into agreements with local governments, Metro
Blooms, and other organizations to support this effort. This is a onetime appropriation and
is available until June 30, 2027.
new text end
new text begin
(b) $286,000 in fiscal year 2025 is appropriated from the general fund to the Board of
Water and Soil Resources for implementation of the drain tile seller's disclosure requirements
under Minnesota Statutes, section 103F.49, and for educational efforts and demonstration
projects consistent with the duties to manage the public drainage manual and work group
under Minnesota Statutes, section 103B.101, subdivision 13. This is a onetime appropriation
and is available until June 30, 2026. The base for this appropriation in fiscal year 2026 and
thereafter is $325,000.
new text end
Sec. 4. new text begin METROPOLITAN COUNCIL; APPROPRIATIONS.
new text end
new text begin
(a) $8,000,000 in fiscal year 2025 is appropriated from the general fund to the
Metropolitan Council for community tree-planting grants under Minnesota Statutes, section
473.355. Of this amount, $600,000 is for a grant to the city of South St. Paul. This is a
onetime appropriation and is available until June 30, 2026.
new text end
new text begin
(b) $400,000 in fiscal year 2025 is appropriated from the general fund to the Metropolitan
Council for a grant to the city of St. Paul Park to replace a pedestrian bridge in Lions Levee
Park. This is a onetime appropriation and is available until June 30, 2027.
new text end
new text begin
(c) $3,400,000 in fiscal year 2025 is appropriated from the natural resources fund to the
Metropolitan Council for grants to implementing agencies to plant trees within the
metropolitan-area regional parks and trails system. This appropriation is from revenue
deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph
(h), clause (3). This is a onetime appropriation and is available until June 30, 2026.
new text end
Sec. 5. new text begin ZOOLOGICAL BOARD; APPROPRIATION.
new text end
new text begin
$150,000 in fiscal year 2025 is appropriated from the natural resources fund to the
Minnesota Zoological Board to plant trees at the Minnesota Zoological Garden. This
appropriation is from revenue deposited under Minnesota Statutes, section 297A.94,
paragraph (h), clause (5). This is a onetime appropriation and is available until June 30,
2026.
new text end
Sec. 6. new text begin APPROPRIATION EXTENSIONS.
new text end
new text begin
(a) The appropriation in Laws 2023, chapter 60, article 1, section 2, subdivision 2,
paragraph (m), for a grant to Rice County to address water-quality concerns at French Lake
is available until June 30, 2025.
new text end
new text begin
(b) The appropriations in Laws 2023, chapter 60, article 1, section 3, subdivision 3,
paragraph (j), for grants to the Minnesota Aquatic Invasive Species Research Center at the
University of Minnesota for research-based solutions to reduce the effect of aquatic invasive
species are available as follows: the general fund appropriations are available until June 30,
2025, and the heritage enhancement account appropriations are available until June 30,
2026.
new text end
new text begin
(c) The appropriation in Laws 2023, chapter 60, article 1, section 3, subdivision 5,
paragraph (o), for a grant to Dakota County for improvements to the Swing Bridge Trailhead
and historic Rock Island Swing Bridge is available until June 30, 2025.
new text end
new text begin
(d) The appropriation in Laws 2023, chapter 60, article 1, section 3, subdivision 5,
paragraph (p), for a grant to Dakota County for adding a public boat launch along the
Mississippi River is available until June 30, 2025.
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. 7.
Laws 2023, chapter 60, article 1, section 3, subdivision 10, is amended to read:
Subd. 10.Get Out MORE (Modernizing Outdoor
|
110,000,000 |
-0- |
||||
(a) $110,000,000 the first year is for
modernizing Minnesota's state-managed
outdoor recreation experiences. Of this
amount:
(1) $25,000,000 is for enhancing access and
welcoming new users to public lands and
outdoor recreation facilities, including
improvements to improve climate resiliency;
(2) $5,000,000 is for modernizing camping
and related infrastructure, including
improvements to improve climate resiliency;
(3) $35,000,000 is for modernizing fish
hatcheries and fishing infrastructurenew text begin . Of this
amount, up to $366,000 is for installing
continuous water-quality monitoring devicesnew text end ;
(4) $10,000,000 is for restoring streams and
modernizing water-related infrastructure with
priority given to fish habitat improvements,
dam removal, and improvements to improve
climate resiliency; and
(5) $35,000,000 is for modernizing boating
access.
(b) Priority for money allocated under
paragraph (a), clauses (1), (3), (4), and (5),
must be given to projects where communities
are currently underserved.
(c) The commissioner may reallocate money
appropriated in paragraph (a) across those
purposes based on project readiness and
priority. The appropriations in paragraph (a)
are available until June 30, 2029.
(d) No later than November 30 each year, the
commissioner must provide a progress report
on the expenditure of money appropriated
under this subdivision to the chairs of the
legislative committees with jurisdiction over
environment and natural resources finance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 2
POLLUTION CONTROL
Section 1.
Minnesota Statutes 2022, section 16A.152, subdivision 1b, is amended to read:
Subd. 1b.
Budget reserve level.
(a) The commissioner of management and budget shall
calculate the budget reserve level by multiplying the current biennium's general fund
nondedicated revenues and the most recent budget reserve percentage under subdivision 8.
(b) If, on the basis of a November forecast of general fund revenues and expenditures,
the commissioner of management and budget determines that there will be a positive
unrestricted general fund balance at the close of the biennium and that the provisions of
subdivision 2, paragraph (a), clauses (1), (2), (3), deleted text begin anddeleted text end (4), new text begin (5), and (6), new text end are satisfied, the
commissioner shall transfer to the budget reserve account in the general fund the amount
necessary to increase the budget reserve to the budget reserve level determined under
paragraph (a). The amount of the transfer authorized in this paragraph shall not exceed 33
percent of the positive unrestricted general fund balance determined in the forecast.
Sec. 2.
Minnesota Statutes 2023 Supplement, section 16A.152, subdivision 2, is amended
to read:
Subd. 2.
Additional revenues; priority.
(a) If on the basis of a forecast of general fund
revenues and expenditures, the commissioner of management and budget determines that
there will be a positive unrestricted budgetary general fund balance at the close of the
biennium, the commissioner of management and budget must allocate money to the following
accounts and purposes in priority order:
(1) the cash flow account established in subdivision 1 until that account reaches
$350,000,000;
(2) the budget reserve account established in subdivision 1a until that account reaches
$2,852,098,000;
(3) the amount necessary to increase the aid payment schedule for school district aids
and credits payments in section 127A.45 to not more than 90 percent rounded to the nearest
tenth of a percent without exceeding the amount available and with any remaining funds
deposited in the budget reserve; deleted text begin and
deleted text end
(4) the amount necessary to restore all or a portion of the net aid reductions under section
127A.441 and to reduce the property tax revenue recognition shift under section 123B.75,
subdivision 5, by the same amountnew text begin ;
new text end
new text begin
(5) the amount necessary to replace any money spent or transferred from the closed
landfill investment fund established in section 115B.421 for purposes other than the purposes
provided under sections 115B.39 to 115B.44 that has not been replaced; and
new text end
new text begin (6) the amount necessary to replace any money spent or transferred from the metropolitan
landfill contingency action trust account for purposes other than the purposes provided
under section 473.845 that has not been replacednew text end .
(b) The amounts necessary to meet the requirements of this section are appropriated
from the general fund within two weeks after the forecast is released or, in the case of
transfers under paragraph (a), clauses (3) and (4), as necessary to meet the appropriations
schedules otherwise established in statute.
(c) The commissioner of management and budget shall certify the total dollar amount
of the reductions under paragraph (a), clauses (3) and (4), to the commissioner of education.
The commissioner of education shall increase the aid payment percentage and reduce the
property tax shift percentage by these amounts and apply those reductions to the current
fiscal year and thereafter.
Sec. 3.
Minnesota Statutes 2023 Supplement, section 115.03, subdivision 1, is amended
to read:
Subdivision 1.
Generally.
(a) The commissioner is given and charged with the following
powers and duties:
(1) to administer and enforce all laws relating to the pollution of any of the waters of
the state;
(2) 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;
(3) 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;
(4) to encourage waste treatment, including advanced waste treatment, instead of stream
low-flow augmentation for dilution purposes to control and prevent pollution;
(5) to adopt, issue, reissue, modify, deny, deleted text begin ordeleted text end revoke,new text begin reopen,new text end enter intonew text begin ,new text end 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:
(i) 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;
(ii) 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;
(iii) 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;
(iv) 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;
(v) 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;
(vi) 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;
(vii) 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;
(viii) 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;
(ix) 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; deleted text begin and
deleted text end
(x) requiring that applicants for wastewater discharge permits evaluate in their
applications the potential reuses of the discharged wastewater;new text begin and
new text end
new text begin
(xi) when appropriate, requiring parties who enter into a negotiated agreement to settle
an enforcement matter with the agency to reimburse the agency according to this clause for
oversight costs that are incurred by the agency and associated with implementing the
negotiated agreement, including oversight costs exceeding $25,000. Oversight costs may
include but are not limited to any costs associated with inspections, sampling, monitoring,
modeling, risk assessment, permit writing, engineering review, economic analysis and
review, and other record or document review. The agency's legal and litigation costs are
not covered by this clause. In addition to settlement agreements, the commissioner has
discretion as to whether to apply this clause in cases when the agency is using schedules of
compliance to bring a class of regulated parties into compliance. Oversight funds reimbursed
under this item are to be deposited in a settlement oversight reimbursement account
established in the environmental fund. The commissioner shall manage the account. Earnings,
such as interest, dividends, and any other earnings arising from assets of the account, must
be credited to the account. Funds remaining in the account at the end of a fiscal year remain
in the account. Money in the account is appropriated to the commissioner for the purposes
of the environmental fund;
new text end
(6) 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;
(7) 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;
(8) 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;
(9) 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;
(10) to train water pollution control personnel and charge training fees as are necessary
to cover the agency's costs. All such fees received must be paid into the state treasury and
credited to the Pollution Control Agency training account;
(11) to provide chloride reduction training and charge training fees as necessary to cover
the agency's costs not to exceed $350. All training fees received must be paid into the state
treasury and credited to the Pollution Control Agency training account;
(12) 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;
(13) 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;
(14) 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; deleted text begin and
deleted text end
(15) 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. 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 trainingnew text begin ; and
new text end
new text begin (16) to encourage practices that enable the recovery and use of waste heat from
wastewater treatment operationsnew text end .
(b) The information required in paragraph (a), clause (14), 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.
(c) The powers and duties given the agency in this subdivision also apply to permits
issued under chapter 114C.
Sec. 4.
Minnesota Statutes 2022, section 115.071, subdivision 1, is amended to read:
Subdivision 1.
Remedies available.
The provisions of sections 103F.701 to 103F.755,
this chapter and chapters 114C, 115A, and 116, and sections 325E.10 to 325E.1251 and
325E.32 and all rules, standards, orders, stipulation agreements, schedules of compliance,
and permits adopted or issued by the agency thereunder or under any other law now in force
or hereafter enacted for the prevention, control, or abatement of pollution may be enforced
by any one or any combination of the following: criminal prosecution; action to recover
civil penalties; injunction; action to compel new text begin or cease new text end performance; or other appropriate
action, in accordance with the provisions of said chapters and this section.
Sec. 5.
Minnesota Statutes 2022, section 115.071, subdivision 3, is amended to read:
Subd. 3.
Civil penalties.
new text begin (a) new text end Any person who violates any provision of this chapter or
chapter 114C or 116, except any provisions of chapter 116 relating to air and land pollution
caused by agricultural operations deleted text begin whichdeleted text end new text begin thatnew text end do not involve national pollutant discharge
elimination system permits, or of (1) any effluent standards and limitations or water quality
standards, (2) any permit or term or condition thereof, (3) any national pollutant discharge
elimination system filing requirements, (4) any duty to permit or carry out inspection, entry
or monitoring activities, or (5) any rules, stipulation agreements, variances, schedules of
compliance, or orders issued by the agency, deleted text begin shall forfeitdeleted text end new text begin forfeitsnew text end and new text begin must new text end pay to the state
a penalty, in an amount to be determined by the court, of not more than deleted text begin $10,000deleted text end new text begin $70,000new text end
per day of violationnew text begin ,new text end except that if the violation relates to hazardous wastenew text begin ,new text end the person deleted text begin shall
forfeitdeleted text end new text begin forfeitsnew text end and new text begin must new text end pay to the state a penalty, in an amount to be determined by the
court, of not more than deleted text begin $25,000deleted text end new text begin $80,000new text end per day of violation.
new text begin
(b) A person who commits a violation subject to paragraph (a) within 36 months of a
previous violation that was also subject to paragraph (a) forfeits and must pay to the state
a penalty, in an amount to be determined by the court, that is at least ten percent higher per
day of violation than the penalty amount assessed for the most recent violation.
new text end
new text begin (c) new text end In addition, in the discretion of the court, the defendant may be required to:
deleted text begin (a)deleted text end new text begin (1)new text end forfeit and pay to the state a sum which will adequately compensate the state for
the reasonable value of cleanup and other expenses directly resulting from unauthorized
discharge of pollutants, whether or not accidental;new text begin and
new text end
deleted text begin (b)deleted text end new text begin (2)new text end forfeit and pay to the state an additional sum to constitute just compensation for
any loss or destruction to wildlife, fish or other aquatic life and for other actual damages to
the state caused by an unauthorized discharge of pollutants.
new text begin (d) new text end As a defense to any of said damages, the defendant may prove that the violation was
caused solely by (1) an act of God, (2) an act of war, (3) negligence on the part of the state
of Minnesota, or (4) an act or failure to act which constitutes sabotage or vandalism, or any
combination of the foregoing clauses.
new text begin (e) new text end The civil penalties and damages provided for in this subdivision may be recovered
by a civil action brought by the attorney general new text begin or any person new text end in the name of the state.
Sec. 6.
Minnesota Statutes 2022, section 115.071, subdivision 4, is amended to read:
Subd. 4.
Injunctions.
Any violation of the provisions, rules, standards, orders, stipulation
agreements, variances, schedules of compliance, or permits specified in this chapter and
chapters 114C and 116 deleted text begin shall constitutedeleted text end new text begin constitutesnew text end a public nuisance and may be enjoined
as provided by law in an action, in the name of the state, brought by the attorney generalnew text begin or
any person injured by such violationnew text end .new text begin Injunctive relief under this subdivision may include
but is not limited to a requirement that a facility or person immediately cease operation or
activities until such time as the commissioner has reasonable assurance that renewed
operation or activities will not violate state pollution requirements, cause harm to human
health, or result in a serious violation of an applicable permit.
new text end
Sec. 7.
Minnesota Statutes 2022, section 115.071, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Stipulation agreements. new text end
new text begin
If a party to a stipulation agreement asserts a good
cause or force majeure claim for an extension of time to comply with a stipulated term, the
commissioner may deny the extension if the assertion is based solely on increased costs.
new text end
Sec. 8.
Minnesota Statutes 2022, section 115.071, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Compliance when required permit not obtained. new text end
new text begin
The commissioner may
require a person or facility that fails to obtain a required permit to comply with any terms
of a permit that would have been issued had the person or facility obtained a permit, including
but not limited to reporting, monitoring, controlling pollutant discharge, and creating and
implementing operations and maintenance plans. The person or facility is subject to liability
and penalties, including criminal liability, for failing to operate in compliance with a permit
not obtained beginning at the time a permit should have been obtained.
new text end
Sec. 9.
Minnesota Statutes 2022, section 115A.02, is amended to read:
115A.02 LEGISLATIVE DECLARATION OF POLICY; PURPOSES.
(a) It is the goal of this chapter to protect the state's land, air, water, and other natural
resources and the public health by improving waste management in the state to serve the
following purposes:
(1) reduction in the amount and toxicity of waste generated;
(2) separation and recovery of materials and energy from waste;
(3) reduction in indiscriminate dependence on disposal of waste;
(4) coordination of solid waste management among political subdivisions; and
(5) orderly and deliberate development and financial security of waste facilities including
disposal facilities.
(b) The waste management goal of the state is to foster an integrated waste management
system in a manner appropriate to the characteristics of the waste stream and thereby protect
the state's land, air, water, and other natural resources and the public health. The following
waste management practices are in order of preference:
(1) waste reduction and reuse;
(2) waste recycling;
(3) composting of source-separated compostable materials, including but not limited to,
yard waste and food waste;
(4) resource recovery through mixed municipal solid waste composting or incineration;
(5) land disposal which produces no measurable methane gas or which involves the
retrieval of methane gas as a fuel for the production of energy to be used on site or for sale;
and
(6) land disposal which produces measurable methane and which does not involve the
retrieval of methane gas as a fuel for the production of energy to be used on site or for sale.
new text begin
(c) As a means of accomplishing state waste management goals with respect to surplus
food and food waste, the following waste management practices are in order of preference:
new text end
new text begin
(1) waste reduction at the source;
new text end
new text begin
(2) upcycling or donating for human consumption;
new text end
new text begin
(3) diverting for consumption by animals or leaving crops unharvested;
new text end
new text begin
(4) composting or anaerobic digestion when the biogas and digestate are not disposed
of but are used as a salable product; and
new text end
new text begin
(5) anaerobic digestion when the biogas is used as a salable product but the digestate is
disposed of or land application of surplus food and food waste.
new text end
new text begin
(d) For the purposes of this section, the following terms have the meanings given:
new text end
new text begin
(1) "anaerobic digestion" means a process through which microorganisms break down
organic material in the absence of oxygen and generate biogas and digestate;
new text end
new text begin
(2) "biogas" means a gas that is produced when organic materials decompose and is
primarily composed of methane and carbon dioxide;
new text end
new text begin
(3) "composting" means controlled, aerobic biological decomposition of organic material
to produce a nutrient-rich material;
new text end
new text begin
(4) "digestate" means the solid or liquid residual material remaining after the anaerobic
digestion process has been completed;
new text end
new text begin
(5) "food" means any raw, cooked, processed, or prepared substance, beverage, or
ingredient used or intended for human consumption;
new text end
new text begin
(6) "food scraps" means inedible food, trimmings from preparing food, surplus food that
is not donated, and food-processing waste. Food scraps does not include used cooking oil,
grease, or any food that is subject to a recall;
new text end
new text begin
(7) "food waste" means all discarded food, food subject to governmental or producer
recall due to food safety, and food scraps;
new text end
new text begin
(8) "land application of food waste" means the direct application of food waste from
food manufacturing or processing activities onto or below the surface of the land to enhance
soil health;
new text end
new text begin
(9) "leaving crops unharvested" means not harvesting crops that are otherwise ready for
harvesting and instead leaving them in the field or tilling them into the soil;
new text end
new text begin
(10) "surplus food" means food that is not sold or used and that is still safe to be
consumed. Surplus food does not include food damaged by pests, mold, bacteria, or other
contamination or food subject to governmental or producer recall due to food safety; and
new text end
new text begin
(11) "upcycling" means capturing, processing, and remaking parts of food and food
scraps into new food products for human consumption when the parts of food and food
scraps are safe for human consumption and would have been otherwise managed.
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 2022, section 115A.03, is amended by adding a subdivision
to read:
new text begin Subd. 10d. new text end
new text begin Finished sewage sludge product. new text end
new text begin
"Finished sewage sludge product" means
a fertilizer product consisting in whole or in part of sewage sludge that is disinfected by
means of composting, pasteurization, wet air oxidation, heat treatment, or other means and
sold to the public.
new text end
Sec. 11.
new text begin
[115A.1416] BOAT WRAP PRODUCT STEWARDSHIP PROGRAM.
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) "Boat" has the meaning given to watercraft under section 86B.005, subdivision 18.
new text end
new text begin
(c) "Boat wrap" means low-density polyethylene plastic that is used to wrap around a
boat to protect it against moisture and damage from other potentially harmful elements
during storage.
new text end
new text begin
(d) "Brand" means a name, symbol, word, or mark that identifies boat wrap and attributes
it to the boat wrap producer.
new text end
new text begin
(e) "Producer" means:
new text end
new text begin
(1) a manufacturer of boat wrap sold under the manufacturer's own brand; or
new text end
new text begin
(2) the owner or licensee of a brand of boat wrap that is manufactured by others.
new text end
new text begin
(f) "Recycle" or "recycling" means the process of transforming boat wrap through
mechanical processes into a finished product for use or into a new material capable of being
processed into a finished product. Recycle or recycling does not include:
new text end
new text begin
(1) altering the chemical structure of boat wrap;
new text end
new text begin
(2) using boat wrap as or processing boat wrap into a feedstock to produce transportation
fuels or plastics; or
new text end
new text begin
(3) destroying boat wrap by incineration or other processes.
new text end
new text begin
(g) "Retailer" means a person that offers boat wrap for sale at retail in or into this state.
new text end
new text begin
(h) "Stewardship organization" means an organization designated by one or more
producers to act on their behalf as an agent to design, submit, and implement a product
stewardship plan under this section.
new text end
new text begin Subd. 2. new text end
new text begin Product stewardship program. new text end
new text begin
A producer selling or offering boat wrap for
sale in or into this state must, through membership in a stewardship organization, implement
and finance a statewide product stewardship program to reduce the volume of boat wrap
disposed of in landfills by promoting and providing for the negotiation and execution of
agreements to collect, transport, and recycle boat wrap.
new text end
new text begin Subd. 3. new text end
new text begin Participation required to sell. new text end
new text begin
(a) On and after July 1, 2025, or, for boat wrap
brands not sold in or into this state before that date, no later than three months after a
producer's stewardship plan is approved by the commissioner under this section, no producer,
wholesaler, or retailer may sell or offer boat wrap for sale in or into this state unless the
producer participates in an approved stewardship plan through a stewardship organization.
new text end
new text begin
(b) Each producer must enter into an agreement with a stewardship organization to
operate, on the producer's behalf, a product stewardship program approved by the
commissioner.
new text end
new text begin
(c) All producers offering boat wrap for sale in or into this state must become a member
of a single stewardship organization implementing a single stewardship plan.
new text end
new text begin Subd. 4. new text end
new text begin Stewardship plan required. new text end
new text begin
On or before March 1, 2025, and before first
offering boat wrap for sale in or into this state, a producer must submit a stewardship plan
to the commissioner or must submit documentation to the commissioner demonstrating that
the producer has entered into an agreement with a stewardship organization to be an active
participant in a product stewardship program approved by the commissioner under
subdivision 7. A stewardship plan must include all elements required under subdivision 5.
new text end
new text begin Subd. 5. new text end
new text begin Plan content. new text end
new text begin
A stewardship plan must contain:
new text end
new text begin
(1) contact information for the individual and the entity submitting the plan, a list of all
producers participating in the product stewardship program, and the brands of boat wrap
included in the product stewardship program;
new text end
new text begin
(2) certification that the product stewardship program will accept all discarded boat wrap
regardless of who produced it;
new text end
new text begin
(3) a description of methods by which boat wrap will be collected in all areas of the state
without relying on end-of-life fees paid by boat wrap purchasers, including an explanation
of how the collection system will be convenient and adequate to serve the needs of boat
owners, marinas, and boat storage establishments in both urban and rural areas on an ongoing
basis and a discussion of how existing marinas, boat storage establishments, and sites
designated as recycling centers under section 115A.555 will be considered when selecting
collection sites;
new text end
new text begin
(4) a description of how the performance of the collection and recycling program will
be measured, monitored, and maintained;
new text end
new text begin
(5) the names and locations of collectors, transporters, and recyclers that will manage
discarded boat wrap;
new text end
new text begin
(6) a description of how discarded boat wrap will be safely and securely transported,
tracked, and handled from collection through final recycling and disposal;
new text end
new text begin
(7) a description of the methods that will be used to separate and manage nonrecyclable
materials attached to boat wrap and to recycle discarded boat wrap;
new text end
new text begin
(8) a description of:
new text end
new text begin
(i) the promotion and outreach activities that will be undertaken to encourage participation
in the boat wrap collection and recycling programs and how their effectiveness will be
evaluated; and
new text end
new text begin
(ii) the process that will be followed to modify the program, when necessary;
new text end
new text begin
(9) the annual performance goals established by the commissioner under subdivision
12;
new text end
new text begin
(10) evidence of adequate insurance and financial assurance that may be required for
collection, handling, and disposal operations; and
new text end
new text begin
(11) a discussion of the status of end markets for collected boat wrap and what, if any,
additional end markets are needed to improve the functioning of the program.
new text end
new text begin Subd. 6. new text end
new text begin Consultation required. new text end
new text begin
In developing a stewardship plan, a stewardship
organization or individual producer submitting a stewardship plan must consult with
stakeholders, including boat owners, owners of marinas and boat storage establishments,
contractors, collectors, recyclers, and local units of government.
new text end
new text begin Subd. 7. new text end
new text begin Agency review and approval. new text end
new text begin
(a) Within 90 days after receiving a proposed
stewardship plan, the commissioner must determine whether the plan complies with
subdivision 5. If the commissioner approves a plan, the commissioner must notify the
applicant of the plan approval in writing. If the commissioner rejects a plan, the commissioner
must notify the applicant in writing of the reasons for rejection. An applicant whose plan
is rejected by the commissioner must submit a revised plan to the commissioner within 60
days after receiving notice of rejection. If a revised plan is rejected by the commissioner,
the commissioner may elect to write a plan that the applicant must implement.
new text end
new text begin
(b) A stewardship organization is responsible for notifying the commissioner of any
proposed changes or modifications to the plan or its implementation. A written plan revision
must be submitted to the commissioner for review and may not be implemented without
written approval from the commissioner.
new text end
new text begin
(c) A stewardship organization may operate under an approved stewardship plan for
five years.
new text end
new text begin
(d) Six months before an approved stewardship plan expires, a stewardship organization
must submit a new plan for commissioner approval that meets the requirements of this
section. The commissioner must review the new plan according to this subdivision.
new text end
new text begin Subd. 8. new text end
new text begin Plan availability. new text end
new text begin
The commissioner must make a draft stewardship plan
available on the agency's website and at the agency's headquarters for public review and
comment at least 30 days before the commissioner's decision regarding plan approval. The
commissioner must make an approved stewardship plan available on the agency's website
and at the agency's headquarters.
new text end
new text begin Subd. 9. new text end
new text begin Conduct authorized. new text end
new text begin
A stewardship organization that organizes collection,
transport, and recycling of boat wrap under this section is immune from liability for conduct
under state laws relating to antitrust, restraint of trade, unfair trade practices, and other
regulation of trade or commerce only to the extent that the conduct is necessary to plan and
implement the producer's or organization's chosen organized collection or recycling program.
new text end
new text begin Subd. 10. new text end
new text begin Stewardship organization responsibilities. new text end
new text begin
A stewardship organization must
provide boat wrap purchasers with educational materials regarding the product stewardship
program. The materials must include, but are not limited to, information regarding available
end-of-life management options for boat wrap offered through the product stewardship
program.
new text end
new text begin Subd. 11. new text end
new text begin Retailer responsibilities. new text end
new text begin
(a) A retailer is responsible for reviewing the list
of compliant producers on the agency's website, maintained under subdivision 12, to
determine whether a producer is compliant with this section.
new text end
new text begin
(b) A retailer or wholesaler of boat wrap is not in violation of this subdivision if, on the
date the boat wrap was ordered from a producer or wholesaler, the producer was listed as
compliant on the agency's website.
new text end
new text begin
(c) A retailer may elect to participate as a designated point where boat wrap is collected
as part of a product stewardship program approved under this section and in accordance
with applicable law.
new text end
new text begin Subd. 12. new text end
new text begin Agency responsibilities. new text end
new text begin
(a) The commissioner must maintain on the agency
website a list of all compliant producers and brands participating in stewardship plans that
the commissioner has approved and a list of all producers and brands the commissioner has
identified as noncompliant with this section.
new text end
new text begin
(b) The commissioner must, in consultation with the stewardship organization, establish
annual performance goals regarding the percentage and weight of boat wrap collected and
recycled that the stewardship organization must incorporate into its stewardship plan and
meet annually. The goals must increase each year. By the end of the fifth year of the initial
product stewardship plan approved by the commissioner, no less than 50 percent of the total
weight of boat wrap sold in this state must be collected and recycled, and by the end of the
fifth year of the second product stewardship plan, no less than 80 percent of the total weight
of boat wrap sold in this state must be collected and recycled. The performance goals, whose
derivation must be described, must be based on:
new text end
new text begin
(1) the most recent collection data available for the state;
new text end
new text begin
(2) the estimated weight of boat wrap discarded annually; and
new text end
new text begin
(3) actual collection data from boat wrap recycling or stewardship programs operating
in other states.
new text end
new text begin Subd. 13. new text end
new text begin Administrative fee. new text end
new text begin
(a) A stewardship organization must pay an annual
administrative fee to the commissioner. Before June 1, 2025, and before each June 1
thereafter, the commissioner must identify the costs the agency incurs to administer and
enforce this section. The commissioner must set the fee at an amount that, when paid by
the stewardship organization, is sufficient to reimburse the agency's full costs of administering
and enforcing this section but does not exceed those costs.
new text end
new text begin
(b) A stewardship organization must pay the administrative fee required under this
subdivision on or before July 1, 2025, and annually thereafter, on a schedule and in a manner
prescribed by the commissioner.
new text end
new text begin
(c) The commissioner must deposit all fees received under this subdivision in the account
established in subdivision 15.
new text end
new text begin Subd. 14. new text end
new text begin User fees prohibited. new text end
new text begin
A stewardship organization or retailer may not charge
a fee to a person for providing boat wrap for collection and recycling under a stewardship
program approved by the commissioner under this section.
new text end
new text begin Subd. 15. new text end
new text begin Account established. new text end
new text begin
(a) A boat wrap stewardship account is established in
the special revenue fund in the state treasury. The account consists of money received from
the administrative fee established in subdivision 13. The commissioner must manage the
account.
new text end
new text begin
(b) Money in the account is appropriated annually to the commissioner for administering
and enforcing this section.
new text end
new text begin Subd. 16. new text end
new text begin Stewardship reports. new text end
new text begin
Beginning March 1, 2026, and each March 1 thereafter,
a stewardship organization operating under this section must submit an annual report to the
commissioner describing the program operations of the stewardship plan during the previous
calendar year. At a minimum, the report must contain:
new text end
new text begin
(1) a description of the methods used to collect, transport, and process discarded boat
wrap in all regions of the state;
new text end
new text begin
(2) the weight of all boat wrap collected in each separate region of the state;
new text end
new text begin
(3) a comparison of the amount of boat wrap collected with the performance goals
established in the stewardship plan and, if the goals have not been met, a discussion of
actions the stewardship organization will take to ensure that they are achieved in the future;
new text end
new text begin
(4) the weight of discarded boat wrap collected in the state by method of disposition,
including recycling and other methods of processing;
new text end
new text begin
(5) a comparison of program performance with the performance goals established by
the commissioner under subdivision 12 and, if applicable, a discussion of why the
performance goals were not met and proposed modifications to the collection program the
stewardship organization will implement to ensure that future performance goals will be
met;
new text end
new text begin
(6) samples of educational materials provided to boat wrap consumers, marinas, and
boat storage establishments and an evaluation of the effectiveness of the materials and the
methods used to disseminate the materials; and
new text end
new text begin
(7) an independent financial audit of stewardship organization activities.
new text end
new text begin Subd. 17. new text end
new text begin Data classification. new text end
new text begin
Trade secret and sales information, as defined under
section 13.37, submitted to the commissioner under this section are private or nonpublic
data under section 13.37.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
new text begin
[115A.412] WASTE COMPOSITION; INFORMATION REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Study required. new text end
new text begin
(a) Every three years, beginning in 2029, the
commissioner must direct the owners and operators at 20 percent of each of the following
facility types to perform a waste composition study:
new text end
new text begin
(1) mixed municipal solid waste land disposal facilities;
new text end
new text begin
(2) industrial solid waste land disposal facilities;
new text end
new text begin
(3) demolition debris land disposal facilities;
new text end
new text begin
(4) transfer stations that annually transfer more than 5,000 tons of waste to a facility
outside Minnesota; and
new text end
new text begin
(5) other facilities identified by the commissioner.
new text end
new text begin
(b) The waste composition study must be performed at the sole expense of each owner
or operator as directed by the commissioner.
new text end
new text begin
(c) When selecting facilities for waste composition studies, the commissioner must rotate
the participants so that, over time, the studies cover the entirety of the facilities identified
under paragraph (a). The commissioner must determine the time frame for each study in
the three-year cycle. The owner or operator of each selected facility must complete the study
within one year of being notified by the commissioner of selection to perform a waste
composition study.
new text end
new text begin Subd. 2. new text end
new text begin Study requirements. new text end
new text begin
(a) The commissioner must:
new text end
new text begin
(1) determine the sampling methods to be used and the categories of materials to be
sampled for waste composition studies; and
new text end
new text begin
(2) provide the sampling methods and any additional requirements identified by the
commissioner to each owner or operator directed to perform a study.
new text end
new text begin
(b) The sampling methods must include the number of samples to be taken, the size or
weight of each sample, the duration of a sampling event, the sampling interval, and any
additional methods identified by the commissioner. The categories of materials to be sampled
must include categories and subcategories identified by the commissioner to represent the
materials present at each facility.
new text end
new text begin
(c) Resource recovery facilities required to do waste sorts required under air rules adopted
under section 116.07 must use the study requirements developed under this section when
conducting waste composition analysis to meet the rule requirements.
new text end
new text begin
(d) The commissioner must obtain input from counties, cities, and owners or operators
of waste facilities before finalizing the sampling methods and requirements. The
commissioner must consider cost effectiveness and data quality when determining the
sampling methods.
new text end
new text begin Subd. 3. new text end
new text begin Report. new text end
new text begin
Within six months after completing a waste composition study required
under this section, the owner or operator of a facility must submit the raw data and results
of the study to the commissioner in a form and manner prescribed by the commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Compilation. new text end
new text begin
After each three-year cycle, the commissioner must compile and
summarize the waste composition data received under subdivision 3. The commissioner
must make the summary information available to the public.
new text end
new text begin Subd. 5. new text end
new text begin Additional studies; information. new text end
new text begin
(a) The commissioner may conduct additional
waste composition studies at facilities described in subdivision 1.
new text end
new text begin
(b) Upon request of the commissioner for purposes of determining compliance with this
section, a person must furnish to the commissioner any information that the person has or
may reasonably obtain.
new text end
new text begin
(c) The owner or operator of a facility shall allow access upon reasonable notice to
authorized agency staff for the purpose of conducting waste composition studies.
new text end
Sec. 13.
Minnesota Statutes 2022, section 115A.5502, is amended to read:
115A.5502 PACKAGING PRACTICES; PREFERENCES; GOALS.
Packaging forms a substantial portion of solid waste and contributes to environmental
degradation and the costs of managing solid waste. It is imperative to reduce the amount
and toxicity of packaging that must be managed as solid waste. In order to achieve significant
reduction of packaging in solid waste deleted text begin and to assist packagers and others to meet the packaging
reduction goal in section 115A.5501deleted text end , the goal of the state is that items be distributed without
any packaging where feasible and, only when necessary to protect health and safety or
product integrity, with the minimal amount of packaging possible. The following categories
of packaging are listed in order of preference for use by all persons who find it necessary
to package items for distribution or use in the state:
(1) minimal packaging that contains no intentionally introduced toxic materials and that
is designed to be and actually is reused for its original purpose at least five times;
(2) minimal packaging that contains no intentionally introduced toxic materials and
consists of a significant percentage of postconsumer material;
(3) minimal packaging that contains no intentionally introduced toxic materials, that is
recyclable, and is regularly collected through recycling collection programs available to at
least 75 percent of the residents of the state;
(4) minimal packaging that does not comply with clause (1), (2), or (3) because it is
required under federal or state law and for which there does not exist a commercially feasible
alternative that does comply with clause (1), (2), or (3);
(5) packaging that contains no intentionally introduced toxic materials but does not
comply with clauses (1) to (4); and
(6) all other packaging.
Sec. 14.
Minnesota Statutes 2022, section 115B.421, is amended to read:
115B.421 CLOSED LANDFILL INVESTMENT FUND.
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
(a) The closed landfill investment fund is established in
the state treasury. The fund consists of money credited to the fund and interest and other
earnings on money in the fund. Funds must be deposited as described in section 115B.445.
The fund must be managed to maximize long-term gain through the State Board of
Investment.
(b) Each fiscal year, up to $4,500,000 is appropriated from the closed landfill investment
fund to the commissioner for the purposes of sections 115B.39 to 115B.444.
(c) If the commissioner determines that a release or threatened release from a qualified
facility for which the commissioner has assumed obligations for environmental response
actions under section 115B.40 or 115B.406 constitutes an emergency requiring immediate
action to prevent, minimize, or mitigate damage either to the public health or welfare or the
environment or to a system designed to protect the public health or welfare or the
environment, up to $9,000,000 in addition to the amount appropriated under paragraph (b)
is appropriated to the commissioner in the first year of the biennium and may be spent by
the commissioner to take reasonable and necessary emergency response actions. Money
not spent in the first year of the biennium may be spent in the second year. If money is
appropriated under this paragraph, the commissioner must notify the chairs of the senate
and house of representatives committees having jurisdiction over environment policy and
finance as soon as possible. The commissioner must maintain the fund balance to ensure
long-term viability of the fund and reflect the responsibility of the landfill cleanup program
in perpetuity.
(d) Paragraphs (b) and (c) expire June 30, 2025.
new text begin Subd. 2. new text end
new text begin Local notification. new text end
new text begin
If money in the closed landfill investment fund is spent or
transferred for purposes other than the purposes provided under sections 115B.39 to
115B.444, the commissioner must provide written notification to each county with a qualified
facility within 30 days of the transfer or expenditure that includes the amount, purpose, and
authority used to spend or transfer the money.
new text end
Sec. 15.
Minnesota Statutes 2022, section 116.07, subdivision 9, is amended to read:
Subd. 9.
Orders; investigations.
The deleted text begin agency shall havedeleted text end new text begin commissioner hasnew text end the following
powers and duties for deleted text begin the enforcement ofdeleted text end new text begin enforcingnew text end any provision of this chapter and chapter
114C, relating to air contamination or waste:
(1) to adopt, issue, reissue, modify, deny, revoke, new text begin reopen, new text end enter into or enforce reasonable
orders, schedules of compliance and stipulation agreements;
(2) to require the owner or operator of any emission facility, air contaminant treatment
facility, potential air contaminant storage facility, or any system or facility related to the
storage, collection, transportation, processing, or disposal of waste to establish and maintain
records; to make reports; to install, use, and maintain monitoring equipment or methods;
and to make tests, including testing for odor where a nuisance may exist, in accordance with
methods, at locations, at intervals, and in a manner as the agency shall prescribe; and to
provide other information as the agency may reasonably require;
(3) to conduct investigations, issue notices, public and otherwise, and order hearings as
it may deem necessary or advisable for the discharge of its duties under this chapter and
chapter 114C, including but not limited to the issuance of permits; and to authorize any
member, employee, or agent appointed by it to conduct the investigations and issue the
noticesdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) when appropriate, to require parties who enter into a negotiated agreement to settle
an enforcement matter with the agency to reimburse the agency according to this clause for
oversight costs that are incurred by the agency and associated with implementing the
negotiated agreement, including oversight costs exceeding $25,000. Oversight costs may
include but are not limited to any costs associated with inspections, sampling, monitoring,
modeling, risk assessment, permit writing, engineering review, economic analysis and
review, and other record or document review. The agency's legal and litigation costs are
not covered by this clause. In addition to settlement agreements, the commissioner has
discretion as to whether to apply this clause in cases where the agency is using schedules
of compliance to bring a class of regulated parties into compliance. Oversight funds
reimbursed under this item are to be deposited in a settlement oversight reimbursement
account established in the environmental fund. The commissioner shall manage the account.
Earnings, such as interest, dividends, and any other earnings arising from assets of the
account, must be credited to the account. Funds remaining in the account at the end of a
fiscal year remain in the account. Money in the account is appropriated to the commissioner
for the purposes of the environmental fund.
new text end
Sec. 16.
Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:
new text begin Subd. 9a. new text end
new text begin Stipulation agreements. new text end
new text begin
If a party to a stipulation agreement asserts a good
cause or force majeure claim for an extension of time to comply with a stipulated term, the
commissioner may deny the extension if the assertion is based solely on increased costs.
new text end
Sec. 17.
Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:
new text begin Subd. 9b. new text end
new text begin Compliance when required permit not obtained. new text end
new text begin
The commissioner may
require a person or facility that fails to obtain a required permit to comply with any terms
of a permit that would have been issued had the person or facility obtained a permit, including
but not limited to reporting, monitoring, controlling pollutant discharge, and creating and
implementing operations and maintenance plans. The person or facility is subject to liability
and penalties, including criminal liability, for failing to operate in compliance with a permit
not obtained beginning at the time a permit should have been obtained.
new text end
Sec. 18.
new text begin
[116.0718] AIR POLLUTION FACILITIES; PRIORITIZATION;
COMPLIANCE PROTOCOLS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Air toxics" has the meaning given in section 116.062.
new text end
new text begin
(c) "Continuous emission monitoring system" has the meaning given in Minnesota Rules,
part 7017.1002, subpart 4.
new text end
new text begin
(d) "Facility" means a facility that has been issued an air quality permit by the agency.
new text end
new text begin
(e) "Performance test" has the meaning given in Minnesota Rules, part 7017.2005,
subpart 4.
new text end
new text begin
(f) "Potential to emit" has the meaning given in Minnesota Rules, part 7005.0100, subpart
35a.
new text end
new text begin
(g) "Priority facility" means a facility that the commissioner has placed on the priority
list established under subdivision 2.
new text end
new text begin
(h) "Sensitive receptors" means people whose age or health status make them particularly
susceptible to harmful impacts from exposure to air toxics.
new text end
new text begin Subd. 2. new text end
new text begin Prioritization. new text end
new text begin
(a) The commissioner must develop and establish a list of the
30 facilities whose potential to emit air toxics poses the greatest risks to the environment
and human health. In assessing risks, the commissioner must consider the most recent
available credible scientific information regarding environmental and health risks resulting
from exposure to air toxics, including but not limited to:
new text end
new text begin
(1) the information submitted by a facility to the agency in an air emissions risk analysis;
new text end
new text begin
(2) toxicity values for individual air toxics listed in the agency's risk analysis screening
spreadsheet; and
new text end
new text begin
(3) inhalation health benchmarks developed by the Department of Health and, for
pollutants for which inhalation health benchmarks have not been developed, health
benchmark values developed by the following sources, in order of priority:
new text end
new text begin
(i) the United States Environmental Protection Agency's Integrated Risk Information
System (IRIS);
new text end
new text begin
(ii) the California Environmental Protection Agency's reference exposure levels and
cancer potency values; and
new text end
new text begin
(iii) provisional peer-reviewed toxicity values derived by the United States Environmental
Protection Agency's Superfund Health Risk Technical Support Center for the agency's
Superfund Program.
new text end
new text begin
(b) In determining which facilities to place on the list, the commissioner must consider:
new text end
new text begin
(1) the risks posed by the nature of each air toxic emitted by a facility, as quantified in
the total cancer risks and noncancer risks estimated in the sources of information identified
in paragraph (a);
new text end
new text begin
(2) the volume of each air toxic emitted, calculated as a facility's potential to emit that
air toxic;
new text end
new text begin
(3) the number of people potentially exposed to a facility's air toxics emissions through
direct inhalation, ingesting pollutants in food, and other pathways and the number of persons
potentially exposed that are estimated to be:
new text end
new text begin
(i) sensitive receptors; and
new text end
new text begin
(ii) residents of an environmental justice area; and
new text end
new text begin
(4) the presence of environmentally sensitive resources that may be exposed to a facility's
air toxics emissions, such as surface waters, wetlands, and land on which food is grown.
new text end
new text begin Subd. 3. new text end
new text begin Compliance protocols; quality control. new text end
new text begin
(a) The commissioner must develop
a compliance protocol for each priority facility that consists of:
new text end
new text begin
(1) methods the agency requires the priority facility to employ to physically measure
the actual emissions of each air toxic the priority facility emits; and
new text end
new text begin
(2) the frequency with which the priority facility must employ each method.
new text end
new text begin
(b) The compliance protocol must be designed to minimize the length of time between
physical measures of each air toxic emitted by the priority facility. Methods of physical
measurement the agency may employ include but are not limited to:
new text end
new text begin
(1) continuous emission monitoring systems;
new text end
new text begin
(2) performance tests;
new text end
new text begin
(3) ambient monitoring near the priority facility;
new text end
new text begin
(4) portable monitoring units that have been calibrated with performance tests or
continuous emission monitors; and
new text end
new text begin
(5) any other physical method of measuring actual emissions that the commissioner
determines is accurate and technically and physically feasible.
new text end
new text begin
(c) The commissioner must require priority facilities to employ quality control measures
and procedures to ensure that pollution control equipment and emissions monitoring
equipment are properly calibrated, operated, and maintained to ensure accuracy.
new text end
new text begin
(d) The commissioner must incorporate the compliance protocol developed under this
subdivision into the permits of priority facilities as permits are renewed, amended, or
modified. Priority facilities issued nonexpiring permits must incorporate the compliance
protocol no later than December 31, 2027.
new text end
new text begin Subd. 4. new text end
new text begin Reporting requirements. new text end
new text begin
(a) A permit that requires a priority facility to maintain
records of parameters that serve as indirect measures of the priority facility's air emissions
must require the priority facility to transmit the records to the agency at least monthly. For
purposes of this subdivision, "indirect measures of the priority facility's air emissions" means
proxy measures or calculations that affect, indicate, or are correlated with the volume of
emissions released by the priority facility, including but not limited to measurements of the
pollution removal efficiency of pollution control equipment, the temperature or pressure of
equipment or processes, and the volume of inputs the priority facility purchases or uses that
emit hazardous air pollutants during the production process.
new text end
new text begin
(b) The agency must review the records submitted under paragraph (a) within 60 days
of receipt.
new text end
new text begin
(c) A third party under contract to a priority facility must report the results of any tests
or measurements required under the permit or ordered by the commissioner directly to the
agency at the same time the results are reported to the priority facility.
new text end
new text begin Subd. 5. new text end
new text begin Performance tests. new text end
new text begin
(a) A priority facility that exceeds an emissions limit
established in its permit for an air toxic must conduct a performance test for that air toxic
within 12 months of the date of the exceedance.
new text end
new text begin
(b) A priority facility whose pollution control equipment has undergone a significant
alteration, repair, or parts replacement that may affect the priority facility's ability to meet
an emissions limit, as determined by the commissioner, must conduct a performance test
within 90 days of the pollution control equipment becoming operational following the
modification.
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. 19.
Minnesota Statutes 2022, section 116.072, subdivision 2, is amended to read:
Subd. 2.
Amount of penalty; considerations.
(a) The commissioner or county board
may issue orders assessing penalties up to deleted text begin $20,000deleted text end new text begin $25,000new text end for violations identified during
an inspection or other compliance review.
(b) In determining the amount of a penaltynew text begin ,new text end the commissioner or county board deleted text begin maydeleted text end new text begin mustnew text end
consider:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to humans, animals, air, water, land,
or other natural resources of the state;
(3) the history of past violations;
(4) the number of violations;
(5) the economic benefit gained by the person by allowing or committing the violation;
and
(6) other factors as justice may require, if the commissioner or county board specifically
identifies the additional factors in the commissioner's or county board's order.
(c) For a violation after an initial violation, the commissioner or county board deleted text begin shalldeleted text end new text begin mustnew text end ,
in determining the amount of a penalty, consider the factors in paragraph (b) and the:
(1) similarity of the most recent previous violation and the violation to be penalized;
(2) time elapsed since the last violation;
(3) number of previous violations; and
(4) response of the person to the most recent previous violation identified.
Sec. 20.
Minnesota Statutes 2022, section 116.072, subdivision 5, is amended to read:
Subd. 5.
Penalty.
(a) Except as provided in paragraph (b), if the commissioner or county
board determines that the violation has been corrected or appropriate steps have been taken
to correct the action, the penalty must be forgiven. Unless the person requests review of the
order under subdivision 6 or 7 before the penalty is due, the penalty in the order is due and
payable:
(1) on the 31st day after the order was received, if the person subject to the order fails
to provide information to the commissioner or county board showing that the violation has
been corrected or that appropriate steps have been taken toward correcting the violation; or
(2) on the 20th day after the person receives the commissioner's or county board's
determination under subdivision 4, paragraph (b), if the person subject to the order has
provided information to the commissioner or county board that the commissioner or county
board determines is not sufficient to show the violation has been corrected or that appropriate
steps have been taken toward correcting the violation.
(b) For a repeated or serious violation, the commissioner or county board deleted text begin maydeleted text end new text begin mustnew text end
issue an order with a penalty that will not be forgiven after the corrective action is taken.
new text begin A penalty for a repeated violation that occurs within 36 months after one or more previous
violations must be at least ten percent higher than the penalty imposed for the most recent
violation, except the amount must not exceed the maximum penalty established in subdivision
2. new text end The penalty is due by 31 days after the order was received unless review of the order
under subdivision 6, 7, or 8 has been sought.
(c) Interest at the rate established in section 549.09 begins to accrue on penalties under
this subdivision on the 31st day after the order with the penalty was received.
Sec. 21.
Minnesota Statutes 2022, section 116.11, is amended to read:
116.11 EMERGENCY POWERS.
new text begin Subdivision 1. new text end
new text begin Imminent and substantial danger. new text end
If there is imminent and substantial
danger to the health and welfare of the people of the state, or of any of them, as a result of
the pollution of air, land, or water, the deleted text begin agencydeleted text end new text begin commissionernew text end may by emergency order direct
the immediate discontinuance or abatement of the pollution without notice and without a
hearing or at the request of the deleted text begin agencydeleted text end new text begin commissionernew text end , the attorney general may bring an
action in the name of the state in the appropriate district court for a temporary restraining
order to immediately abate or prevent the pollution. The deleted text begin agencydeleted text end new text begin commissioner'snew text end order or
temporary restraining order deleted text begin shall remaindeleted text end new text begin isnew text end effective until notice, hearing, and determination
pursuant to other provisions of law, or, in the interim, as otherwise ordered. A final order
of the deleted text begin agencydeleted text end new text begin commissionernew text end in these cases deleted text begin shall bedeleted text end new text begin isnew text end appealable in accordance with chapter
14.
new text begin Subd. 2. new text end
new text begin Other acts of concern. new text end
new text begin
(a) The commissioner may exercise the authority under
paragraph (b) when the commissioner has evidence of any of the following:
new text end
new text begin
(1) falsification of records;
new text end
new text begin
(2) a history of noncompliance with schedules of compliance or terms of a stipulation
agreement;
new text end
new text begin
(3) chronic or substantial permit violations; or
new text end
new text begin
(4) operating with or without a permit where there is evidence of danger to the health
or welfare of the people of the state or evidence of environmental harm.
new text end
new text begin
(b) When the commissioner has evidence of behavior specified in paragraph (a),
regardless of the presence of imminent and substantial danger, the commissioner may
investigate and may:
new text end
new text begin
(1) suspend or revoke a permit;
new text end
new text begin
(2) issue an order to cease operation or activities;
new text end
new text begin
(3) require financial assurances;
new text end
new text begin
(4) reopen and modify a permit to require additional terms;
new text end
new text begin
(5) require additional agency oversight; or
new text end
new text begin
(6) pursue other actions deemed necessary to abate pollution and protect human health.
new text end
Sec. 22.
new text begin
[116.2021] STATE SALT PURCHASE REPORT AND REDUCTION GOAL.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "deicing salt" refers to salt
in its solid form used to melt snow and ice, excluding salt used on roads managed by the
Department of Transportation.
new text end
new text begin Subd. 2. new text end
new text begin Salt purchase report. new text end
new text begin
By February 1, 2025, and every year thereafter, the
commissioner of the Pollution Control Agency, in cooperation with other state agencies,
must submit a report to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over environment and natural resources policy and finance
that details the purchase of deicing salt by state agencies, excluding the Department of
Transportation, and strategies to meet the salt reduction goal established in subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Reduction goal. new text end
new text begin
It is the goal of the state that no later than January 1, 2030,
state agencies will reduce the purchase of deicing salt by 25 percent from the level first
reported under subdivision 2.
new text end
Sec. 23.
new text begin
[116.2022] STATE NITROGEN FERTILIZER PURCHASE REPORT AND
REDUCTION GOAL.
new text end
new text begin Subdivision 1. new text end
new text begin Nitrogen fertilizer report. new text end
new text begin
By February 1, 2025, and every year thereafter,
the commissioner of the Pollution Control Agency, in cooperation with other state agencies,
must submit a report to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over environment and natural resources policy and finance
that details the purchase of nitrogen fertilizer by state agencies and strategies to meet the
nitrogen fertilizer reduction goal established in subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Reduction goal. new text end
new text begin
It is the goal of the state that no later than January 1, 2030,
state agencies will reduce the purchase of nitrogen fertilizer by 25 percent from the level
first reported under subdivision 1.
new text end
Sec. 24.
Minnesota Statutes 2022, section 116.92, is amended by adding a subdivision to
read:
new text begin Subd. 7b. new text end
new text begin Ban; mercury-containing general purpose lighting. new text end
new text begin
(a) For purposes of this
subdivision, the following terms have the meanings given:
new text end
new text begin
(1) "compact fluorescent lamp" means a compact low-pressure, mercury-containing,
electric-discharge light source:
new text end
new text begin
(i) of any tube diameter or tube length;
new text end
new text begin
(ii) of any lamp size or shape for directional and nondirectional installations, including
but not limited to PL, spiral, twin tube, triple twin, 2D, U-bend, and circular;
new text end
new text begin
(iii) in which a fluorescent coating transforms some of the ultraviolet energy generated
by the mercury discharge into visible light;
new text end
new text begin
(iv) that has one base or end cap of any type, including but not limited to screw, bayonet,
two pins, and four pins;
new text end
new text begin
(v) that is integrally ballasted or non-integrally ballasted; and
new text end
new text begin
(vi) that has light emission between a correlated color temperature of 1700K and 24000K
and a Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE)
Uniform Color Space (CAM02-UCS);
new text end
new text begin
(2) "linear fluorescent lamp" means a low-pressure, mercury-containing, electric-discharge
light source:
new text end
new text begin
(i) of any tube diameter, including but not limited to T5, T8, T10, and T12;
new text end
new text begin
(ii) with a tube length from 0.5 to 8.0 feet, inclusive;
new text end
new text begin
(iii) of any lamp shape, including but not limited to linear, U-bend, and circular;
new text end
new text begin
(iv) in which a fluorescent coating transforms some of the ultraviolet energy generated
by the mercury discharge into visible light;
new text end
new text begin
(v) that has two bases or end caps of any type, including but not limited to single-pin,
two-pin, and recessed double contact; and
new text end
new text begin
(vi) that has light emission between a correlated color temperature of 1700K and 24000K
and a Duv of +0.024 and -0.024 in the CIE CAM02-UCS;
new text end
new text begin
(3) "mercury vapor lamp" means a high-intensity discharge lamp, including clear,
phosphor-coated, and self-ballasted screw base lamps, in which the major portion of the
light is produced by radiation from mercury typically operating at a partial vapor pressure
in excess of 100,000 pascals;
new text end
new text begin
(4) "mercury vapor lamp ballast" means a device that is designed and marketed to start
and operate mercury vapor lamps intended for general illumination by providing the necessary
voltage and current; and
new text end
new text begin
(5) "specialty application mercury vapor lamp ballast" means a mercury vapor lamp
ballast:
new text end
new text begin
(i) that is designed and marketed for operating mercury vapor lamps used in quality
inspection, industrial processing, or scientific applications, including fluorescent microscopy
and ultraviolet curing; and
new text end
new text begin
(ii) the label of which states "For specialty applications only, not for general illumination"
and indicates the specific applications for which the ballast is designed.
new text end
new text begin
(b) Effective January 1, 2025, a person may not sell, offer for sale, or distribute in the
state as a new manufactured product a screw- or bayonet-base type compact fluorescent
lamp, a mercury vapor lamp, or a mercury vapor lamp ballast, whether sold separately, in
a retrofit kit, or in a luminaire. Effective January 1, 2026, a person may not sell, offer for
sale, or distribute in the state as a new manufactured product a pin-base type compact
fluorescent lamp or a linear fluorescent lamp.
new text end
new text begin
(c) This subdivision does not apply to:
new text end
new text begin
(1) a lamp designed and marketed exclusively for image capture and projection, including
for:
new text end
new text begin
(i) photocopying;
new text end
new text begin
(ii) printing, directly or in preprocessing;
new text end
new text begin
(iii) lithography;
new text end
new text begin
(iv) film and video projection; or
new text end
new text begin
(v) holography;
new text end
new text begin
(2) a lamp that has a high proportion of ultraviolet light emission and that:
new text end
new text begin
(i) has high ultraviolet content and ultraviolet power greater than two milliwatts per
kilolumen;
new text end
new text begin
(ii) is for germicidal use, such as for destroying DNA, and emits a peak radiation of
approximately 253.7 nanometers;
new text end
new text begin
(iii) is designed and marketed exclusively for disinfection or fly-trapping and from
which:
new text end
new text begin
(A) the radiation power emitted between 250 and 315 nanometers represents at least
five percent of the total radiation power emitted between 250 and 800 nanometers; or
new text end
new text begin
(B) the radiation power emitted between 315 and 400 nanometers represents at least 20
percent of the total radiation power emitted between 250 and 800 nanometers;
new text end
new text begin
(iv) is designed and marketed exclusively for generating ozone when the primary purpose
is to emit radiation at approximately 185.1 nanometers;
new text end
new text begin
(v) is designed and marketed exclusively for coral zooxanthellae symbiosis and from
which the radiation power emitted between 400 and 480 nanometers represents at least 40
percent of the total radiation power emitted between 250 and 800 nanometers; or
new text end
new text begin
(vi) is designed and marketed exclusively for use in a sunlamp product, as defined in
Code of Federal Regulations, title 21, section 1040.20(b)(9) (2022);
new text end
new text begin
(3) specialty application mercury vapor lamp ballasts; or
new text end
new text begin
(4) a compact fluorescent lamp used to replace a lamp in a motor vehicle if the motor
vehicle was manufactured on or before January 1, 2020.
new text end
new text begin
(d) Nothing in this section limits the ability of a utility to offer energy-efficient lighting,
rebates, or lamp-recycling services or to claim energy savings resulting from such programs
through the utility's energy conservation and optimization plans approved by the
commissioner of commerce under section 216B.241 or an energy conservation and
optimization plan filed by a consumer-owned utility under section 216B.2403.
new text end
Sec. 25.
new text begin
[116.996] LAWN AND SNOW REMOVAL EQUIPMENT
ELECTRIFICATION REBATE PROGRAM.
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) "Commissioner" means the commissioner of the Pollution Control Agency.
new text end
new text begin
(c) "Eligible expenses" means the amount paid for lawn and snow removal equipment
that operates solely by electricity inclusive of sales tax but exclusive of any other related
charges, including charges for a warranty, service, or delivery.
new text end
new text begin
(d) "Eligible individual" means an individual who:
new text end
new text begin
(1) is at least 15 years old;
new text end
new text begin
(2) is a resident individual taxpayer at the time of application for a rebate certificate and
in the previous calendar year;
new text end
new text begin
(3) was not claimed as a dependent on another return in the taxable year described in
subdivision 3, paragraph (c); and
new text end
new text begin
(4) currently resides in the seven-county metropolitan area.
new text end
new text begin
(e) "Eligible retailer" means a person who has engaged in the business of retail sales of
new lawn and snow removal equipment for at least six months before receiving the approval
of the commissioner under subdivision 5.
new text end
new text begin
(f) "Lawn and snow removal equipment" means equipment that is used to perform
landscaping or remove snow from land or building surfaces. Lawn and snow removal
equipment includes but is not limited to a lawn mower, lawn edger, trimmer, leaf blower,
chainsaw, snow blower, or other equipment that emits local air pollution, including small
generators used to power community events.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The commissioner must establish a lawn and snow removal
equipment electrification rebate program to assist eligible individuals to purchase lawn and
snow removal equipment that operates solely by electricity and to provide public education
and outreach regarding the benefits of electrification, including to K-12 schools.
new text end
new text begin Subd. 3. new text end
new text begin Amount of rebate. new text end
new text begin
(a) The amount of a rebate under this section equals the
lesser of:
new text end
new text begin
(1) the applicable percentage, as described in paragraph (b), multiplied by the amount
of eligible expenses paid by an eligible individual; or
new text end
new text begin
(2) $1,500.
new text end
new text begin
(b) The applicable percentage equals 75 percent, but is reduced by one percentage point
until the percentage equals 50 percent, for each $4,000 of the eligible individual's adjusted
gross income in excess of:
new text end
new text begin
(1) $50,000 for a married taxpayer filing a joint return; and
new text end
new text begin
(2) $25,000 for all other filers.
new text end
new text begin
(c) For the purposes of determining the applicable percentage under paragraph (b) and
subdivision 4, paragraph (a), the commissioner must use the eligible individual's adjusted
gross income for the taxable year ending in the calendar year before the year in which the
individual applied for a rebate certificate.
new text end
new text begin Subd. 4. new text end
new text begin Rebate certificates. new text end
new text begin
(a) To qualify for a rebate under this section, an eligible
individual must apply to the commissioner for a rebate certificate in the manner specified
by the commissioner before purchasing lawn and snow removal equipment. As part of the
application, the eligible individual must include proof of the individual's adjusted gross
income for the taxable year specified in subdivision 3, paragraph (c). The commissioner
must issue a rebate certificate to an eligible individual stating the issuance date, the applicable
percentage, and the maximum rebate for which the taxpayer is eligible. For a married
taxpayer filing a joint return, each spouse may apply to the commissioner separately, and
the commissioner must issue each spouse a separate rebate certificate.
new text end
new text begin
(b) The commissioner may determine the date to begin accepting applications for a
rebate certificate, and applications must not be submitted before the date determined by the
commissioner. Beginning July 1, 2025, and July 1 of each subsequent calendar year for
which there is an allocation of rebate certificates, the commissioner must allocate rebate
certificates on a first-come, first-served basis. The commissioner must reserve 40 percent
of the certificates for a married taxpayer filing a joint return with an adjusted gross income
of less than $78,000 or any other filer with an adjusted gross income of less than $41,000.
Any portion of the reserved amount under this paragraph that is not allocated by September
30 is available for allocation to other rebate certificate applications beginning October 1.
new text end
new text begin
(c) The commissioner must not issue rebate certificates totaling more than $500,000 in
each of calendar years 2025 and 2026, except any amount authorized but not allocated in
any calendar year does not cancel and is available for allocation in the next calendar year.
In calculating the amount of remaining allocations, the commissioner must assume that
each allocated but unclaimed certificate reduces the available allocations by $1,500.
new text end
new text begin
(d) A rebate certificate that is not assigned to a retailer expires two months after the date
the certificate was issued and may not be assigned to a retailer after expiration. The amount
of any expired rebate certificates is added to the amount available for allocation under
paragraph (c).
new text end
new text begin Subd. 5. new text end
new text begin Eligible retailers. new text end
new text begin
To be eligible to be assigned a rebate certificate under this
section, an eligible retailer must apply to the commissioner to be certified as an eligible
retailer in the manner specified by the commissioner. The application must include proof
that the person applying has been actively involved in the business of retail sales of new
lawn and snow removal equipment for at least six months.
new text end
new text begin Subd. 6. new text end
new text begin Application for rebate. new text end
new text begin
(a) An eligible individual who purchases lawn and
snow removal equipment that is operated solely on electricity may assign a rebate certificate
to an eligible retailer at the time of purchase. The retailer must reduce the price of the
equipment by the amount of the rebate determined under subdivision 3.
new text end
new text begin
(b) The commissioner must establish the form and manner by which a taxpayer may
assign a rebate certificate to a retailer. The commissioner must establish a process allowing
retailers to quickly verify the validity of a rebate certificate at the time of purchase.
new text end
new text begin
(c) An eligible retailer that was assigned a rebate certificate may apply to the
commissioner for a rebate within one month of the date of the sale, on a form and in a
manner specified by the commissioner. The commissioner must pay to an eligible retailer
who meets the requirements of this section the amount of the rebate determined under
subdivision 3.
new text end
new text begin
(d) Only an eligible retailer may apply for a rebate under this subdivision. To receive
the benefit of a rebate under this section, an eligible individual must assign a rebate certificate
to an eligible retailer.
new text end
new text begin
(e) A rebate certificate under this section must not be assigned or transferred more than
once.
new text end
new text begin
(f) The commissioner must not pay any rebates under this section after June 30, 2027.
new text end
new text begin Subd. 7. new text end
new text begin Limitations. new text end
new text begin
(a) The commissioner must not issue an eligible individual a
rebate certificate more than once. This limitation does not apply to a rebate certificate that
has expired.
new text end
new text begin
(b) If an eligible individual purchases lawn and snow removal equipment using a rebate
under this section and returns the equipment to an eligible retailer, the eligible retailer must
repay to the commissioner the amount of the rebate received.
new text end
new text begin
(c) The commissioner must not issue a rebate certificate to an eligible individual who
is subject to a claim for a refund under chapter 270A.
new text end
new text begin
(d) For lawn and snow removal equipment purchased using rebates under this section:
new text end
new text begin
(1) an eligible retailer must charge the same retail price for the equipment as the retailer
charges for the equipment if it is purchased without a rebate; and
new text end
new text begin
(2) an eligible retailer must not charge a retail price in excess of the manufacturer's
suggested retail price.
new text end
new text begin Subd. 8. new text end
new text begin Priority. new text end
new text begin
The commissioner must give priority to providing rebates to individuals
who currently reside in an environmental justice area as defined in section 115A.03,
subdivision 10b.
new text end
new text begin Subd. 9. new text end
new text begin Sunset. new text end
new text begin
This section expires June 30, 2027. The expiration of this section does
not affect the commissioner's authority to audit or power of examination and assessment
for rebates claimed under this section.
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. 26.
Minnesota Statutes 2022, section 116D.02, subdivision 2, is amended to read:
Subd. 2.
State responsibilities.
In order to carry out the policy set forth in Laws 1973,
chapter 412, it is the continuing responsibility of the state government to use all practicable
means, consistent with other essential considerations of state policy, to improve and
coordinate state plans, functions, programs and resources to the end that the state may:
(1) fulfill the responsibilities of each generation as trustee of the environment for
succeeding generations;
(2) assure for all people of the state safe, healthful, productive, and aesthetically and
culturally pleasing surroundings;
(3) discourage ecologically unsound aspects of population, economic and technological
growth, and develop and implement a policy such that growth occurs only in an
environmentally acceptable manner;
(4) preserve important historic, cultural, and natural aspects of our national heritage,
and maintain, wherever practicable, an environment that supports diversity, and variety of
individual choice;
(5) encourage, through education, a better understanding of natural resources management
principles that will develop attitudes and styles of living that minimize environmental
degradation;
(6) develop and implement land use and environmental policies, plans, and standards
for the state as a whole and for major regions thereof through a coordinated program of
planning and land use control;
(7) define, designate, and protect environmentally sensitive areas;
(8) establish and maintain statewide environmental information systems sufficient to
gauge environmental conditions;
(9) practice thrift in the use of energy and maximize the use of energy efficient systems
for deleted text begin the utilization ofdeleted text end new text begin producing, distributing, and usingnew text end energy, new text begin including recovering and
reusing waste heat, new text end and minimize the environmental impact from energy production and
use;
(10) preserve important existing natural habitats of rare and endangered species of plants,
wildlife, and fish, and provide for the wise use of our remaining areas of natural habitation,
including necessary protective measures where appropriate;
(11) reduce wasteful practices which generate solid wastes;
(12) minimize wasteful and unnecessary depletion of nonrenewable resources;
(13) conserve natural resources and minimize environmental impact by encouraging
deleted text begin extension ofdeleted text end new text begin extendednew text end product deleted text begin lifetime, bydeleted text end new text begin lifetimes; new text end reducing deleted text begin the number ofdeleted text end unnecessary
and wasteful materials practicesdeleted text begin ,deleted text end new text begin ;new text end and deleted text begin bydeleted text end recycling materialsnew text begin , water, and energynew text end to conserve
both materials and energy;
(14) improve management of renewable resources in a manner compatible with
environmental protection;
(15) provide for reclamation of mined lands and assure that any mining is accomplished
in a manner compatible with environmental protection;
(16) reduce the deleterious impact on air and water quality from all sources, including
the deleterious environmental impact due to operation of vehicles with internal combustion
engines in urbanized areas;
(17) minimize noise, particularly in urban areas;
(18) prohibit, where appropriate, floodplain development in urban and rural areas; and
(19) encourage advanced waste treatment in abating water pollution.
Sec. 27.
Minnesota Statutes 2022, section 473.845, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Local notification. new text end
new text begin
If money in the metropolitan landfill contingency action
trust account is spent or transferred for purposes other than the purposes provided under
this section, the commissioner must provide written notification to each county with a facility
eligible for spending from the metropolitan landfill contingency action trust account within
30 days of the transfer or expenditure that includes the amount, purpose, and authority used
to spend or transfer the money.
new text end
Sec. 28. new text begin SEWAGE SLUDGE FOR LAND APPLICATION ANALYZED FOR PFAS.
new text end
new text begin
The commissioner of the Pollution Control Agency must develop a strategy to require
sewage sludge prepared for application to land in Minnesota to be analyzed under Minnesota
Rules, part 7041.1500, subpart 3, for the presence of perfluoroalkyl and polyfluoroalkyl
substances (PFAS) by December 31, 2024, and begin implementing this strategy in water
discharge permits thereafter.
new text end
Sec. 29. new text begin CRITICAL MATERIALS RECOVERY ADVISORY TASK FORCE.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "critical materials" means
materials on the final 2023 Critical Materials List published by the United States Secretary
of Energy in the Federal Register on August 4, 2023, as amended, as required under section
7002 of the Energy Act of 2020.
new text end
new text begin Subd. 2. new text end
new text begin Composition of task force. new text end
new text begin
(a) The commissioner of the Pollution Control
Agency must, no later than October 1, 2024, establish and appoint a Critical Materials
Recovery Advisory Task Force consisting of 13 members appointed as follows:
new text end
new text begin
(1) the commissioner of the Pollution Control Agency or the commissioner's designee;
new text end
new text begin
(2) the commissioner of employment and economic development or the commissioner's
designee;
new text end
new text begin
(3) an expert in the field of industrial metallurgy;
new text end
new text begin
(4) one representative from the Solid Waste Administrators Association;
new text end
new text begin
(5) one representative from a company that disassembles electronic waste;
new text end
new text begin
(6) one representative from an energy advocacy organization;
new text end
new text begin
(7) one representative from an organization that is primarily involved in environmental
justice issues;
new text end
new text begin
(8) one representative from an industrial labor union;
new text end
new text begin
(9) one representative from a labor union affiliated with the Building and Construction
Trades Council;
new text end
new text begin
(10) one representative from a company that recovers critical materials from end-of-life
products;
new text end
new text begin
(11) one representative from a manufacturer that uses critical materials as inputs;
new text end
new text begin
(12) one representative of a Minnesota Tribal government, as defined in Minnesota
Statutes, section 10.65, subdivision 2; and
new text end
new text begin
(13) one representative of a utility providing retail electric service to customers in
Minnesota.
new text end
new text begin
(b) All members appointed under paragraph (a) are voting members of the task force,
except for the representative appointed under clause (9), who is a nonvoting member.
new text end
new text begin
(c) A member appointed under paragraph (a) may not be a registered lobbyist.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
(a) The task force must advise the commissioner of the Pollution Control
Agency with respect to policy and program options designed to increase the recovery of
critical materials from end-of-life products by:
new text end
new text begin
(1) developing a strategic road map for achieving domestic recovery of critical materials;
new text end
new text begin
(2) investigating emerging technologies employed to recover critical materials from
electronic waste, components of renewable energy generating systems, and other end-of-life
products;
new text end
new text begin
(3) evaluating the economic, environmental, and social costs, benefits, and impacts
associated with various methods of recovering critical materials from end-of-life products;
new text end
new text begin
(4) identifying options to prevent products containing critical materials from being
disposed of in a landfill or waste combustor;
new text end
new text begin
(5) consulting with stakeholders regarding recycling and end-of-life management options
for products containing critical materials that enhance the possibility of recovery; and
new text end
new text begin
(6) identifying infrastructure needed to develop an integrated system to collect, transport,
and recycle products for critical materials recovery.
new text end
new text begin
(b) The council must convene at least one public meeting to gather comments on issues
regarding critical materials recovery.
new text end
new text begin Subd. 4. new text end
new text begin Task force; administration. new text end
new text begin
(a) The task force must elect a chair by majority
vote at its initial meeting. The task force must meet quarterly. Additional meetings may be
held at the call of the chair. The commissioner or the commissioner's designee and the
member appointed as an expert in industrial metallurgy must cofacilitate task force meetings.
new text end
new text begin
(b) The Pollution Control Agency must serve as staff to the task force.
new text end
new text begin Subd. 5. new text end
new text begin Report. new text end
new text begin
No later than December 31, 2025, the task force must submit a written
report containing its findings and recommendations for administrative and legislative action
to the commissioner of the Pollution Control Agency and the chairs and ranking minority
members of the senate and house of representatives committees with primary jurisdiction
over solid waste. The recommendations in the report must be specific and actionable and
may not include recommendations for further reports or studies.
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. 30. new text begin MINNESOTA POLLUTION CONTROL AGENCY; PFAS REMOVAL
REPORT.
new text end
new text begin
On or before January 15, 2025, the commissioner of the Pollution Control Agency must
submit a report to the chairs and ranking minority members of the legislative committees
with jurisdiction over environment and natural resources finance and policy and capital
investment. The report must provide recommendations for strategies the state may use to
require manufacturers using perfluoroalkyl and polyfluoroalkyl substances (PFAS) in their
products or as part of the manufacturing process to pay the cost of purchasing and installing
infrastructure designed to remove PFAS from influent waters at municipal wastewater
facilities statewide and the cost of treating and disposing of the PFAS. The report must
specify any legislation needed to implement the strategies and must incorporate options
from the report submitted by the PFAS manufacturers fee work group required under Laws
2023, chapter 60, article 3, section 30, in developing the recommendations. The
recommendations in the report must be specific and actionable and may not include
recommendations for further reports or studies.
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. 31. new text begin POSTCLOSURE CARE; SOLID WASTE DISPOSAL FACILITIES;
RULEMAKING.
new text end
new text begin
(a) The commissioner of the Pollution Control Agency must amend rules related to solid
waste disposal facilities to require the commissioner's approval to terminate the postclosure
care period.
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. 32. new text begin MANDATORY ENVIRONMENTAL IMPACT STATEMENT FOR LARGE
LIVESTOCK PROJECTS; RULEMAKING.
new text end
new text begin
(a) The Environmental Quality Board must amend Minnesota Rules, part 4410.4400, to
require that construction of an animal feedlot facility with a capacity of 10,000 or more
animal units or the expansion of an existing animal feedlot facility to a total cumulative
capacity of 10,000 or more animal units requires the preparation of an environmental impact
statement.
new text end
new text begin
(b) The board 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
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to applications submitted on or after that date.
new text end
Sec. 33. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 115A.5501,
new text end
new text begin
is repealed.
new text end
ARTICLE 3
NATURAL RESOURCES
Section 1.
Minnesota Statutes 2022, section 13.7931, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Forest industry data. new text end
new text begin
Information that the Department of Natural Resources
collects, receives, or maintains through voluntary responses to questionnaires or surveys
by forest industry businesses is classified under section 84.0871.
new text end
Sec. 2.
Minnesota Statutes 2022, section 16A.125, subdivision 5, is amended to read:
Subd. 5.
Forest trust lands.
(a) The term "state forest trust fund lands" as used in this
subdivision, means public land in trust under the constitution set apart as "forest lands under
the authority of the commissioner" of natural resources as defined by section 89.001,
subdivision 13.
(b) The commissioner of management and budget shall credit the revenue from the forest
trust fund lands to the forest suspense account. The account must specify the trust funds
interested in the lands and the respective receipts of the lands.
(c) After a fiscal year, the commissioner of management and budget shall certify the
costs incurred for forestry during that year under appropriations for the improvement,
administration, and management of state forest trust fund lands and construction and
improvement of forest roads to enhance the forest value of the lands. The certificate must
specify the trust funds interested in the lands. After presentation to the Legislative Permanent
School Fund Commissionnew text begin or by June 30 each year, whichever is soonernew text end , the commissioner
of natural resources shall supply the commissioner of management and budget with the
information needed for the certificate. The certificate shall include an analysis that compares
costs certified under this section with costs incurred on other public and private lands with
similar land assets.
(d) After a fiscal year, the commissioner shall distribute the receipts credited to the
suspense account during that fiscal year as follows:
(1) the amount of the certified costs incurred by the state for forest management, forest
improvement, and road improvement during the fiscal year shall be transferred to the forest
management investment account established under section 89.039;
(2) the amount of costs incurred by the Legislative Permanent School Fund Commission
under section 127A.30, and by the school trust lands director under section 127A.353, shall
be transferred to the general fund;
(3) the balance of the certified costs incurred by the state during the fiscal year shall be
transferred to the general fund; and
(4) the balance of the receipts shall then be returned prorated to the trust funds in
proportion to their respective interests in the lands which produced the receipts.
Sec. 3.
Minnesota Statutes 2022, section 84.027, subdivision 12, is amended to read:
Subd. 12.
Property disposal; gift acknowledgment; advertising sales.
(a) The
commissioner may recognize the contribution of money or in-kind services on plaques,
signs, publications, audiovisual materials, and media advertisements by allowing the
organization's contribution to be acknowledged in print of readable size.
(b) The commissioner may accept paid advertising for departmental publications.
Advertising revenues received are appropriated to the commissioner to be used to defray
costs of publications, media productions, or other informational materials. The commissioner
may not accept paid advertising from any elected official or candidate for elective office.
new text begin
(c) Notwithstanding section 16B.2975, subdivision 6, clause (2), if the commissioner
determines that a transfer benefits the state's natural resources management or bison
management, the commissioner may request that the commissioner of administration donate
and convey bison to a governmental unit or nonprofit organization, in or outside Minnesota,
or sell bison. The recipient of the bison is solely responsible for all future expenses related
to the bison.
new text end
Sec. 4.
new text begin
[84.0871] DATA ON FOREST INDUSTRY.
new text end
new text begin
(a) The following data that the Department of Natural Resources collects, receives, or
maintains through voluntary responses to questionnaires or surveys by forest industry
businesses are classified as private data on individuals, as defined in section 13.02,
subdivision 12, if the data are data on individuals or as nonpublic data, as defined in section
13.02, subdivision 9, if the data are data not on individuals:
new text end
new text begin
(1) timber resource consumption;
new text end
new text begin
(2) origin of timber resources;
new text end
new text begin
(3) cost of delivered timber;
new text end
new text begin
(4) forest industry product output; and
new text end
new text begin
(5) production costs.
new text end
new text begin
(b) Data that the department collects, receives, or maintains through voluntary responses
to questionnaires or surveys by forest industry businesses and that are not specified under
paragraph (a), clauses (1) to (5), are public data.
new text end
new text begin
(c) Summary data, as defined in section 13.02, subdivision 19, that the department
compiles from data under paragraph (a) or (b) are public data.
new text end
new text begin
(d) Data collected, received, or maintained by the department from bidders on state
timber under section 90.145 are not subject to this section.
new text end
Sec. 5.
Minnesota Statutes 2022, section 84.0895, subdivision 1, is amended to read:
Subdivision 1.
Prohibition.
Notwithstanding any other law, a person may not take,
import, transport, new text begin release, new text end or sell any portion of an endangered new text begin or threatened new text end species of wild
animal or plant, or sell or possess with intent to sell an article made with any part of the
skin, hide, or parts of an endangered new text begin or threatened new text end species of wild animal or plant, except
as provided in subdivisions 2 and 7.
Sec. 6.
new text begin
[84.705] COMMUNITY TREE-PLANTING GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "shade tree" means a woody
perennial grown primarily for aesthetic or environmental purposes with minimal to residual
timber value.
new text end
new text begin Subd. 2. new text end
new text begin Grants. new text end
new text begin
(a) The commissioner must establish a grant program to provide grants
to cities, counties, townships, Tribal governments, and park and recreation boards in cities
of the first class for the following purposes:
new text end
new text begin
(1) removing and planting shade trees on public or Tribal land to provide environmental
benefits;
new text end
new text begin
(2) replacing trees lost to forest pests, disease, or storms; or
new text end
new text begin
(3) establishing a more diverse community forest better able to withstand disease and
forest pests.
new text end
new text begin
(b) Any tree planted with money granted under this section must be a climate-adapted
species to Minnesota.
new text end
new text begin Subd. 3. new text end
new text begin Priority. new text end
new text begin
(a) Priority for grants awarded under this section must be given to:
new text end
new text begin
(1) projects removing and replacing ash trees that pose significant public safety concerns;
and
new text end
new text begin
(2) projects located in whole or in part in a census tract where at least three of the
following apply, as determined using the most recently published data from the United
States Census Bureau or United States Centers for Disease Control and Prevention:
new text end
new text begin
(i) 20 percent or more of the residents have income below the federal poverty thresholds;
new text end
new text begin
(ii) the tract has a United States Centers for Disease Control and Prevention Social
Vulnerability Index greater than 0.80;
new text end
new text begin
(iii) the upper limit of the lowest quintile of household income is less than the state upper
limit of the lowest quintile;
new text end
new text begin
(iv) the housing vacancy rate is greater than the state average; or
new text end
new text begin
(v) the percent of the population receiving Supplemental Nutrition Assistance Program
(SNAP) benefits is greater than the state average.
new text end
new text begin
(b) The commissioner may not prioritize projects based on criteria other than the criteria
established under paragraph (a).
new text end
Sec. 7.
Minnesota Statutes 2022, section 84.777, subdivision 1, is amended to read:
Subdivision 1.
Designated trails.
(a) deleted text begin Except as otherwise allowed by law or rules adopted
by the commissioner, effective June 1, 2003,deleted text end Notwithstanding sections 84.787 to 84.804
and 84.92 to 84.928, the use of off-highway vehicles is prohibited on state land administered
by the commissioner of natural resources, and on county-administered forest land within
the boundaries of a state forest, except on roads and trails specifically designated and posted
by the commissioner for use by off-highway vehicles.new text begin The commissioner may limit the use
of off-highway vehicles under this subdivision to specific purposes or seasons but must
include these limitations in the designation and posting under this subdivision.
new text end
(b) Paragraph (a) does not apply to county-administered land within a state forest if the
county board adopts a resolution that modifies restrictions on the use of off-highway vehicles
on county-administered land within the forest.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026.
new text end
Sec. 8.
Minnesota Statutes 2022, section 84.777, subdivision 3, is amended to read:
Subd. 3.
Mapped trails.
(a) Except as provided in sections 84.926 and 84.928, after
completion of official department off-highway vehicle maps for the area, a person must not
operate an off-highway vehicle on state land that is not mapped for the type of off-highway
vehicle. deleted text begin This paragraph does not apply to state forest land north of U.S. Highway 2 until
after June 30, 2009.
deleted text end
(b) deleted text begin This subdivision does not apply to a forest access route in a managed forest north of
U.S. Highway 2 that the commissioner has not designated as a road or trail. Forest access
routes will not be signed or maintained and will not be included on published user maps of
the forest.deleted text end Off-highway vehicle operation on forest access routes is subject to the prohibitions
on causing erosion, rutting, damage to trees or crops, and construction of unauthorized trails
contained in Minnesota Rules. Damaged routes are subject to closure to off-highway vehicle
use.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026.
new text end
Sec. 9.
Minnesota Statutes 2022, section 84.777, is amended by adding a subdivision to
read:
new text begin Subd. 5. new text end
new text begin Exception by permit. new text end
new text begin
Notwithstanding subdivisions 1 to 4 and section 84.773,
subdivision 1, on a case-by-case basis, the commissioner may issue a permit authorizing a
person to operate an off-highway vehicle on individual public trails under the commissioner's
jurisdiction during specified times and for specified purposes.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026.
new text end
Sec. 10.
Minnesota Statutes 2022, section 84.871, is amended to read:
84.871 deleted text begin EQUIPMENTdeleted text end new text begin MUFFLERnew text end REQUIREMENTSnew text begin ; PENALTIESnew text end .
Subdivision 1.
Mufflers.
new text begin (a) new text end Except as provided deleted text begin in this sectiondeleted text end new text begin under paragraph (c)new text end ,
deleted text begin every snowmobile shall bedeleted text end new text begin a person may not operate a snowmobile unless:
new text end
new text begin (1) the snowmobile isnew text end equipped new text begin with a muffler meeting the requirements of rules adopted
by the commissioner; and
new text end
new text begin (2) the snowmobile is equipped new text end at all times with a muffler in good working order deleted text begin whichdeleted text end new text begin
thatnew text end blends the exhaust noise into the overall snowmobile noise and is in constant operation
to prevent excessive or unusual noise. deleted text begin The
deleted text end
new text begin (b) A snowmobile operated, offered for sale, or sold in this state must have annew text end exhaust
system deleted text begin shalldeleted text end new text begin that doesnew text end not emit or produce a sharp popping or crackling sound.
new text begin (c)new text end This section does not apply to organized races or similar competitive events held onnew text begin :
new text end
(1) private lands, with the permission of the owner, lessee, or custodian of the land;
(2) public lands and water under the jurisdiction of the commissioner of natural resources,
with the commissioner's permission; or
(3) other public lands, with the consent of the public agency owning the land.
new text begin (d)new text end No person shall have for sale, sell, or offer for sale on any new snowmobile any
muffler that fails to comply with the specifications required by the rules of the commissioner
after the effective date of the rules.
new text begin Subd. 3. new text end
new text begin Certification. new text end
new text begin
Beginning July 1, 2026, all after-market mufflers installed on a
snowmobile must have a permanent stamp, clearly visible on the muffler, certified by the
muffler manufacturer and stating that the muffler conforms to the snowmobile muffler noise
limits specified by the rules of the commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Penalties. new text end
new text begin
(a) A person who operates a snowmobile in violation of subdivision
1, paragraph (a) or (b), is guilty of a misdemeanor.
new text end
new text begin
(b) Notwithstanding section 609.101, subdivision 4, clause (2), the minimum fine for a
person who operates a snowmobile in violation of subdivision 1, paragraph (a) or (b), must
not be less than:
new text end
new text begin
(1) $250 for the first offense;
new text end
new text begin
(2) $500 for the second offense; and
new text end
new text begin
(3) $1,000 for the third and subsequent offenses.
new text end
new text begin
(c) A conservation officer or other licensed peace officer may issue a civil citation to a
person who operates a snowmobile in violation of subdivision 1, paragraph (a) or (b). A
civil citation under this subdivision must impose a penalty of:
new text end
new text begin
(1) $250 for the first offense;
new text end
new text begin
(2) $500 for the second offense; and
new text end
new text begin
(3) $1,000 for the third and subsequent offenses.
new text end
Sec. 11.
Minnesota Statutes 2022, section 84.943, subdivision 5, is amended to read:
Subd. 5.
Pledges and contributions.
(a) The commissioner of natural resources may
accept contributions and pledges to the critical habitat private sector matching account. A
pledge that is made contingent on an appropriation is acceptable and deleted text begin shalldeleted text end new text begin mustnew text end be reported
with other pledges as required in this section. The commissioner may agree to match a
contribution contingent on a future appropriation. In the budget request for each biennium,
the commissioner deleted text begin shalldeleted text end new text begin mustnew text end report the balance of contributions in the account and the
amount that has been pledged for payment in the succeeding two calendar years.
deleted text begin
(b) Money in the account is appropriated to the commissioner of natural resources only
for the direct acquisition, restoration, or enhancement of land or interests in land as provided
in section 84.944. Acquisition includes:
deleted text end
deleted text begin
(1) purchase of land or an interest in land by the commissioner; or
deleted text end
deleted text begin
(2) acceptance by the commissioner of gifts of land or interests in land as program
projects.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end To the extent of available appropriations other than bond proceeds, the money
matched to the nongame wildlife management account may be used for:
(1) the management of nongame wildlife projects as specified in section 290.431;
(2) restoration and enhancement activities for critical natural habitat; or
(3) monitoring and evaluation activities for rare resources and native plant communities
that inform the management of critical natural habitat.
No more than 30 percent of the nongame wildlife management account appropriations each
fiscal year may be used to match money from the critical habitat private sector matching
account for monitoring and evaluation activities.
Sec. 12.
Minnesota Statutes 2022, section 84.943, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Expenditures. new text end
new text begin
Money in the account is appropriated to the commissioner and
may be expended only as follows:
new text end
new text begin
(1) revenue from license plates depicting big game, turkey, or pheasant or license plates
not otherwise specified under this subdivision must be used:
new text end
new text begin
(i) to acquire, restore, or enhance land or interests in land as provided in section 84.944;
new text end
new text begin
(ii) for acceptance by the commissioner of gifts of land or interests in land as program
projects; or
new text end
new text begin
(iii) to inventory and monitor lands acquired under this section;
new text end
new text begin
(2) revenue from license plates depicting a loon, chickadee, or lady slipper must be used
in addition to appropriations from the nongame wildlife management account for the purposes
specified in section 290.431;
new text end
new text begin
(3) revenue from license plates depicting anglers or fish must be used for aquatic
management area purposes under section 86A.05, subdivision 14, including acquisition,
development, and restoration;
new text end
new text begin
(4) revenue from license plates depicting bees or other pollinators must be transferred
to the Board of Water and Soil Resources for grants or payments under section 103B.104;
and
new text end
new text begin
(5) private contributions and other revenue must be used for the purposes under clause
(1), unless the donor specifies another purpose under this subdivision.
new text end
Sec. 13.
new text begin
[84.9736] CORN PLANTING ON STATE LANDS.
new text end
new text begin
A person may not plant corn for commercial purposes on state land administered by the
commissioner of natural resources.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 14.
Minnesota Statutes 2022, section 88.82, is amended to read:
88.82 MINNESOTA RELEAF PROGRAM.
new text begin (a) new text end The Minnesota releaf program is established in the Department of Natural Resources
to encourage, promote, and fund the inventory, planting, assessment, maintenance,
improvement, protection, new text begin utilization, new text end and restoration of trees and forest resources in this
state to enhance community forest ecosystem health and sustainability as well as to reduce
atmospheric carbon dioxide levels and promote energy conservation.
new text begin
(b) Priority for grants awarded under this section must be given to projects located in
whole or in part in a census tract where at least three of the following apply, as determined
using the most recently published data from the United States Census Bureau or United
States Centers for Disease Control and Prevention:
new text end
new text begin
(1) 20 percent or more of the residents have income below the federal poverty thresholds;
new text end
new text begin
(2) the tract has a United States Centers for Disease Control and Prevention Social
Vulnerability Index greater than 0.80;
new text end
new text begin
(3) the upper limit of the lowest quintile of household income is less than the state upper
limit of the lowest quintile;
new text end
new text begin
(4) the housing vacancy rate is greater than the state average; or
new text end
new text begin
(5) the percent of the population receiving Supplemental Nutrition Assistance Program
(SNAP) benefits is greater than the state average.
new text end
Sec. 15.
Minnesota Statutes 2022, section 89.36, subdivision 1, is amended to read:
Subdivision 1.
Production at state nurseries.
The commissioner of natural resources
may produce tree planting stock for the purposes of sections 89.35 to 89.39 upon any lands
under control of the commissioner which may be deemed suitable and available therefor so
far as not inconsistent with other uses to which such lands may be dedicated by law. deleted text begin The
commissioner may not produce more than 10,000,000 units of planting stock annually, after
January 1, 2003.
deleted text end
Sec. 16.
Minnesota Statutes 2022, section 89.37, subdivision 3, is amended to read:
Subd. 3.
Private lands.
The commissioner may supply deleted text begin only bare rootdeleted text end seedlings, woody
cuttings, and transplant material for use on private land, provided that such material must
be sold in lots of not less than 250 for a sum determined by the commissioner to be equivalent
to the cost of the materials and the expenses of their distribution. The commissioner may
not directly or indirectly supply any other planting stock for use on private lands.
Sec. 17.
Minnesota Statutes 2022, section 93.0015, subdivision 3, is amended to read:
Subd. 3.
Expiration.
The committee expires June 30, deleted text begin 2026deleted text end new text begin 2031new text end .
Sec. 18.
Minnesota Statutes 2022, section 97A.015, is amended by adding a subdivision
to read:
new text begin Subd. 47a. new text end
new text begin Taxidermist. new text end
new text begin
"Taxidermist" means a person who engages in the business or
operation of preserving or mounting wild animals or parts thereof that do not belong to the
person.
new text end
Sec. 19.
Minnesota Statutes 2022, section 97A.341, subdivision 1, is amended to read:
Subdivision 1.
Liability for restitution.
A person who kills, injures, or possesses a wild
animal in violation of the game and fish laws new text begin or section 343.21 new text end is liable to the state for the
value of the wild animal as provided in this section. Species afforded protection include
members of the following groups as defined by statute or rule: game fish, game birds, big
game, small game, fur-bearing animals, minnows, and threatened and endangered animal
species. Other animal species may be added by rule of the commissioner as determined
after public meetings and notification of the chairs of the environment and natural resources
committees in the senate and house of representatives.
Sec. 20.
Minnesota Statutes 2022, section 97A.341, subdivision 2, is amended to read:
Subd. 2.
Arrest and charging procedure.
(a) An enforcement officer who arrests a
person for killing, injuring, or possessing a wild animal in violation of the game and fish
laws new text begin or section 343.21 new text end must describe the number, species, and restitution value of wild
animals illegally killed, injured, or possessed on the warrant or the notice to appear in court.
(b) As part of the charge against a person arrested for killing, injuring, or possessing a
wild animal in violation of the game and fish lawsnew text begin or section 343.21new text end , the prosecuting attorney
must include a demand that restitution be made to the state for the value of the wild animal
killed, injured, or possessed. The demand for restitution is in addition to the criminal penalties
otherwise provided for the violation.
Sec. 21.
Minnesota Statutes 2022, section 97A.341, subdivision 3, is amended to read:
Subd. 3.
Sentencing procedure.
If a person is convicted of or pleads guilty to killing,
injuring, or possessing a wild animal in violation of the game and fish lawsnew text begin or section 343.21new text end ,
the court must require the person to pay restitution to the state for replacement of the wild
animal as part of the sentence or state in writing why restitution was not imposed. The court
may consider the economic circumstances of the person and, in lieu of monetary restitution,
order the person to perform conservation work representing the amount of restitution that
will aid the propagation of wild animals. If the court does not order a person to pay restitution,
the court administrator must send a copy of the court order to the commissioner.
Sec. 22.
Minnesota Statutes 2022, section 97A.345, is amended to read:
97A.345 RESTITUTION VALUE OF WILD ANIMALS.
(a) The commissioner may, by rules adopted under chapter 14, prescribe the dollar value
to the state of species of wild animals. The value may reflect the value to other persons to
legally take the wild animal, the replacement cost, or the intrinsic value to the state of the
wild animals. Species of wild animals with similar values may be grouped together.
(b) The value of a wild animal under the rules adopted by the commissioner is prima
facie evidence of a wild animal's value under section 97A.341.
(c) The commissioner shall report annually to the legislature the amount of restitution
collected under section 97A.341 and the manner in which the funds were expended.
new text begin
(d) When a person kills, injures, or possesses a wild animal in violation of section 343.21,
the restitution value prescribed by the commissioner under paragraph (a) is doubled.
new text end
Sec. 23.
Minnesota Statutes 2022, section 97A.425, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Waste disposal. new text end
new text begin
(a) Licensed taxidermists must dispose of all cervid carcasses
or cervid parts not returned to the patron, all biosolids resulting from cleaning cervid skulls,
and all carrion beetles and beetle waste used to clean cervid skulls. All disposals must be
to a disposal facility or transfer station that is permitted to accept it, and proof of the disposal
must be retained for inspection.
new text end
new text begin
(b) The following cervid parts are exempt from the disposal requirement:
new text end
new text begin
(1) cervid hides from which all excess tissue has been removed;
new text end
new text begin
(2) if free of brain and muscle tissues, whole or portions of skulls, antlers, or teeth; and
new text end
new text begin
(3) finished taxidermy mounts.
new text end
Sec. 24.
Minnesota Statutes 2022, section 97A.425, subdivision 4, is amended to read:
Subd. 4.
Rules.
The commissioner may adopt rules, not inconsistent with subdivisions
1 to deleted text begin 3deleted text end new text begin 3anew text end , governing record keeping, reporting, and marking of specimens by taxidermists.
Sec. 25.
Minnesota Statutes 2022, section 97A.475, subdivision 2, is amended to read:
Subd. 2.
Resident hunting.
Fees for the following licenses, to be issued to residents
only, are:
(1) for persons age 18 or over and under age 65 to take small game, $15.50;
(2) for persons age 65 or over, $7 to take small game;
(3) for persons age 18 or over to take turkey, $26;
(4) for persons age 13 or over and under age 18 to take turkey, $5;
(5) for persons age 18 or over to take deer with firearms during the regular firearms
season, $34;
(6) for persons age 18 or over to take deer by archery, $34;
(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $34;
(8) to take moose, for a party of not more than six persons, $356;
(9) for persons age 18 or over to take bear, $44;
(10) to take elk, for a party of not more than two persons, $287;
deleted text begin
(11) to take Canada geese during a special season, $4;
deleted text end
deleted text begin (12)deleted text end new text begin (11)new text end to take light geese during the light goose conservation order, $2.50;
deleted text begin (13)deleted text end new text begin (12)new text end to take sandhill crane during the sandhill crane season, $3;
deleted text begin (14)deleted text end new text begin (13)new text end to take prairie chickens, $23;
deleted text begin (15)deleted text end new text begin (14)new text end for persons age 13 or over and under age 18 to take deer with firearms during
the regular firearms season, $5;
deleted text begin (16)deleted text end new text begin (15)new text end for persons age 13 or over and under age 18 to take deer by archery, $5;
deleted text begin (17)deleted text end new text begin (16)new text end for persons age 13 or over and under age 18 to take deer by muzzleloader
during the muzzleloader season, $5;
deleted text begin (18)deleted text end new text begin (17)new text end for persons age 10, 11, or 12 to take bear, no fee;
deleted text begin (19)deleted text end new text begin (18)new text end for persons age 13 or over and under age 18 to take bear, $5;
deleted text begin (20)deleted text end new text begin (19)new text end for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $19, of which an amount equal to one-half of the fee for the
migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of
the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the
pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half
of the small-game surcharge under subdivision 4, shall be deposited in the wildlife acquisition
account;
deleted text begin (21)deleted text end new text begin (20)new text end for persons age 16 or over and under age 18 to take small game, $5;
deleted text begin (22)deleted text end new text begin (21)new text end to take wolf, $30;
deleted text begin (23)deleted text end new text begin (22)new text end for persons age 12 and under to take turkey, no fee;
deleted text begin (24)deleted text end new text begin (23)new text end for persons age 10, 11, or 12 to take deer by firearm, no fee;
deleted text begin (25)deleted text end new text begin (24)new text end for persons age 10, 11, or 12 to take deer by archery, no fee; and
deleted text begin (26)deleted text end new text begin (25)new text end for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee.
Sec. 26.
Minnesota Statutes 2022, section 97A.475, subdivision 3, is amended to read:
Subd. 3.
Nonresident hunting.
(a) Fees for the following licenses, to be issued to
nonresidents, are:
(1) for persons age 18 or over to take small game, $90.50;
(2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $180;
(3) for persons age 18 or over to take deer by archery, $180;
(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $180;
(5) for persons age 18 or over to take bear, $225;
(6) for persons age 18 or over to take turkey, $91;
(7) for persons age 13 or over and under age 18 to take turkey, $5;
(8) to take raccoon or bobcat, $178;
deleted text begin
(9) to take Canada geese during a special season, $4;
deleted text end
deleted text begin (10)deleted text end new text begin (9)new text end to take light geese during the light goose conservation order, $2.50;
deleted text begin (11)deleted text end new text begin (10)new text end to take sandhill crane during the sandhill crane season, $3;
deleted text begin (12)deleted text end new text begin (11)new text end for persons age 13 or over and under age 18 to take deer with firearms during
the regular firearms season in any open season option or time period, $5;
deleted text begin (13)deleted text end new text begin (12)new text end for persons age 13 or over and under age 18 to take deer by archery, $5;
deleted text begin (14)deleted text end new text begin (13)new text end for persons age 13 or over and under age 18 to take deer during the muzzleloader
season, $5;
deleted text begin (15)deleted text end new text begin (14)new text end for persons age 13 or over and under 18 to take bear, $5;
deleted text begin (16)deleted text end new text begin (15)new text end for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $75, of which an amount equal to one-half of the fee for the
migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of
the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the
pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half
of the small-game surcharge under subdivision 4, shall be deposited into the wildlife
acquisition account;
deleted text begin (17)deleted text end new text begin (16)new text end for persons age 16 or 17 to take small game, $5;
deleted text begin (18)deleted text end new text begin (17)new text end to take wolf, $250;
deleted text begin (19)deleted text end new text begin (18)new text end for persons age 12 and under to take turkey, no fee;
deleted text begin (20)deleted text end new text begin (19)new text end for persons age 10, 11, or 12 to take deer by firearm, no fee;
deleted text begin (21)deleted text end new text begin (20)new text end for persons age 10, 11, or 12 to take deer by archery, no fee;
deleted text begin (22)deleted text end new text begin (21)new text end for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee; and
deleted text begin (23)deleted text end new text begin (22)new text end for persons age 10, 11, or 12 to take bear, no fee.
(b) A $5 surcharge shall be added to nonresident hunting licenses issued under paragraph
(a), clauses (1) to (6) and (8). An additional commission may not be assessed on this
surcharge.
Sec. 27.
Minnesota Statutes 2022, section 97A.505, subdivision 8, is amended to read:
Subd. 8.
Importing Cervidae carcasses.
(a) Importing Cervidae carcasses procured by
any means into Minnesota is prohibited except fornew text begin :
new text end
new text begin (1) new text end cut and wrapped meatdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end quarters or other portions of meat with no part of the spinal column or head attacheddeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end antlers, hides,new text begin ornew text end teethdeleted text begin , finished taxidermy mounts, anddeleted text end new text begin ;
new text end
new text begin (4) if cleaned of all brain tissue, new text end antlers attached to skull caps deleted text begin that are cleaned of all brain
tissue.deleted text end new text begin or whole skulls; and
new text end
new text begin
(5) finished taxidermy mounts.
new text end
(b) Cervidae carcasses originating from outside Minnesota may be transported on a
direct route through the state by nonresidents.
new text begin
(c) Heads from cervids with or without the cape and neck attached that originate from
outside Minnesota may be transported into Minnesota only if they are delivered to a licensed
taxidermist within 48 hours of entering Minnesota.
new text end
Sec. 28.
Minnesota Statutes 2022, section 97A.512, is amended to read:
97A.512 SALE OF INEDIBLE PORTIONS OF BIG GAME ANIMALS,
FUR-BEARING ANIMALS, FISH, AND GAME BIRDS OTHER THAN
MIGRATORY WATERFOWL.
(a) Except as otherwise provided by the game and fish laws and as restricted in this
section, a person may possess, transport, buy, or sell the following inedible portions of
lawfully taken or acquired big game animals, fur-bearing animals, fish, and game birds
other than migratory waterfowl: bones, including skulls; sinews; new text begin adipose tissue, new text end hidesnew text begin ,new text end and
skins; hooves; teeth; claws; and antlers.
(b) A person may not buy or sell bear paws, unless attached to the hide, or bear
gallbladders.
Sec. 29.
Minnesota Statutes 2022, section 97B.001, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Placing traps or snares on private land; permission required. new text end
new text begin
(a) A person
may not set or place a trap or snare on private property other than property owned or occupied
by the person, unless the person has the written or verbal permission of the owner, occupant,
or lessee of the private property.
new text end
new text begin
(b) For the purposes of this subdivision, "private property" means:
new text end
new text begin
(1) land that is occupied by an owner or tenant either seasonally or year-round; or
new text end
new text begin
(2) private land that is ten acres or less and borders private land on at least two sides.
new text end
new text begin
(c) This subdivision does not apply to:
new text end
new text begin
(1) a state or federal agency, road authority, or local government unit, or their agent,
removing animals causing damage or otherwise being a nuisance;
new text end
new text begin
(2) a parcel of private land that is more than 40 acres and used primarily for timber
production; or
new text end
new text begin
(3) private property located north of U.S. Highway 2.
new text end
Sec. 30.
Minnesota Statutes 2022, section 97B.022, subdivision 2, is amended to read:
Subd. 2.
Requirements.
(a) A resident or nonresident born after December 31, 1979,
who is age 12 or over and who does not possess a hunter education firearms safety certificatenew text begin
or a resident or nonresident born after December 31, 1989, who does not possess a trapper
education certificatenew text end may be issued an apprentice-hunternew text begin /trappernew text end validation. An
apprentice-hunternew text begin /trappernew text end validation may be purchased two license years in a lifetime and
used to obtain huntingnew text begin or trappingnew text end licenses during the same license year that the validation
is purchased.
(b) An individual in possession of an apprentice-hunternew text begin /trappernew text end validation may deleted text begin huntdeleted text end new text begin takenew text end
small game, deer, and bear only when accompanied by an adult who has a valid license to
deleted text begin huntdeleted text end new text begin takenew text end the same species of game in Minnesota and whose license was not obtained using
an apprenticedeleted text begin -hunterdeleted text end validation.
(c) When an individual in possession of an apprentice-hunternew text begin /trappernew text end validation is hunting
turkey or prairie chicken under paragraph (b), the accompanying adult may be licensed for
another permit area or time period but must be licensed for the same season as the apprentice
hunter. If the accompanying adult is not licensed for the same permit area or time period
as the apprentice hunter, the accompanying adult may not shoot or possess a firearm or bow
while accompanying the apprentice hunter under this paragraph.
(d) An apprentice-hunternew text begin /trappernew text end -validation holder must obtain all required licenses and
stamps.
Sec. 31.
Minnesota Statutes 2022, section 97B.022, subdivision 3, is amended to read:
Subd. 3.
Apprentice-hunternew text begin /trappernew text end validation; fee.
The fee for an
apprentice-hunternew text begin /trappernew text end validation is $3.50. Fees collected must be deposited in the firearms
safetynew text begin and trapper educationnew text end training account, except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15, and
issuing fees collected under section 97A.485, subdivision 6, and are appropriated annually
to the Enforcement Division of the Department of Natural Resources for administering the
firearm safety course deleted text begin programdeleted text end new text begin and trapper education programsnew text end .
Sec. 32.
Minnesota Statutes 2023 Supplement, section 97B.071, is amended to read:
97B.071 CLOTHING AND GROUND BLIND REQUIREMENTS; BLAZE
ORANGE OR BLAZE PINK.
(a) Except as provided in rules adopted under paragraph (d), a person may not hunt or
trap during the open season where deer may be taken by firearms under applicable laws and
ordinances, unless the visible portion of the person's cap and outer clothing above the waist,
excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze pink
includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within each
foot square. This section does not apply to migratory-waterfowl hunters on waters of this
state or in a stationary shooting location or to trappers on waters of this state.
(b) Except as provided in rules adopted under paragraph (d), and in addition to the
requirement in paragraph (a), a person may not take small game other than turkey, migratory
birds, raccoons, and predators, except while trapping, unless a visible portion of at least one
article of the person's clothing above the waist is blaze orange or blaze pink. This paragraph
does not apply to a person when in a stationary location while hunting deer by archery or
when hunting small game by falconry.
(c) A personnew text begin hunting deernew text end in a fabric or synthetic ground blind on public land must have:
(1) a blaze orange safety covering on the top of the blind that is visible for 360 degrees
around the blind; or
(2) at least 144 square inches of blaze orange material on each side of the blind.
(d) The commissioner may, by rule, prescribe an alternative color in cases where
paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
Law 103-141.
(e) A violation of paragraph (b) does not result in a penalty, but is punishable only by
a safety warning.
Sec. 33.
Minnesota Statutes 2022, section 97B.516, is amended to read:
97B.516 PLAN FOR ELK MANAGEMENT.
(a) The commissioner of natural resources must adopt an elk management plan that:
(1) recognizes the value and uniqueness of elk;
(2) provides for integrated management of an elk population in harmony with the
environment; and
(3) affords optimum recreational opportunities.
deleted text begin
(b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd in
Kittson, Roseau, Marshall, or Beltrami Counties in a manner that would increase the size
of the herd, including adoption or implementation of an elk management plan designed to
increase an elk herd, unless the commissioner of agriculture verifies that crop and fence
damages paid under section 3.7371 and attributed to the herd have not increased for at least
two years.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end At least 60 days deleted text begin prior todeleted text end new text begin beforenew text end implementing a plan to increase an elk herd, the
commissioners of natural resources and agriculture must hold a joint public meeting in the
county where the elk herd to be increased is located. deleted text begin At the meeting, the commissioners
must present evidence that crop and fence damages have not increased in the prior two years
and must detail the practices that will be used to reduce elk conflicts with area landowners.
deleted text end
Sec. 34.
Minnesota Statutes 2022, section 97C.001, subdivision 2, is amended to read:
Subd. 2.
Public notice and deleted text begin meetingdeleted text end new text begin commentnew text end .
(a) Before the commissioner designates,
or vacates or extends the designation of, experimental waters, deleted text begin a public meeting must be
held in the county where the largest portion of the waters is locateddeleted text end new text begin notice of the proposed
change must be provided in the county where the largest portion of the waters is located, a
virtual or in-person meeting must be held, and opportunity to submit public comment must
be offerednew text end .
(b) deleted text begin At least 90 days before the public meeting and during the open angling season for
fish the taking of which is, or is proposed to be, regulated under subdivision 3 on the waters
under consideration,deleted text end new text begin Before the year that the designation is to become effective, the
commissioner must givenew text end notice of the proposed designation, vacation, or extension deleted text begin must
bedeleted text end new text begin .new text end new text begin The notice must summarize the proposed action and invite public comment. Public
comments must be accepted at least through September 30, and the commissioner must
consider any public comments received in making a final decision. Notice must include:
new text end
new text begin (1) signs of the proposed changes and instructions for submitting comments new text end posted at
publicly maintained access points on the waterdeleted text begin .deleted text end new text begin by June 1;
new text end
new text begin
(2) a list of proposed changes posted on the department's website by June 1, summarizing
the proposed actions and inviting public comment; and
new text end
new text begin
(3) a news release issued by the commissioner by July 1, a notice published in a
newspaper of general circulation in the area where the waters are located by August 20, and
at least one more digital media communication published by August 31.
new text end
(c) deleted text begin Before the public meeting, notice of the meeting must be published in a news release
issued by the commissioner and in a newspaper of general circulation in the area where the
proposed experimental waters are located. The notice must be published at least once between
30 and 60 days before the meeting, and at least once between seven and 30 days before the
meeting.deleted text end new text begin A virtual or in-person meeting must be held before September 20 where public
comment must be accepted. An in-person meeting, where public comment must be accepted,
must be held in the county where the largest portion of the waters is located if:
new text end
new text begin
(1) a water or connected waters to be designated is over 5,000 acres or a stream or river
reach is over ten miles; or
new text end
new text begin
(2) a request for an in-person meeting is submitted to the commissioner by August 20
before the year that the designation is to become effective.
new text end
(d) The notices required in this subdivision must summarize the proposed action, invite
public comment, and specify a deadline for the receipt of public comments. The
commissioner shall mail a copy of each required notice to persons who have registered their
names with the commissioner for this purpose. The commissioner shall consider any public
comments received in making a final decision.
(e) If a water to be designated is a lake with a water area of more than 1,500 acres, or
is a stream or river with a reach of more than six miles, a public meeting must also be held
in the seven-county metropolitan areanew text begin unless a virtual meeting is held and notice of the
meeting is published in a newspaper of general circulation in the seven-county metropolitan
areanew text end .
Sec. 35.
Minnesota Statutes 2022, section 97C.005, subdivision 2, is amended to read:
Subd. 2.
Public notice and deleted text begin meetingdeleted text end new text begin commentnew text end .
(a) Before the commissioner designates
special management waters, deleted text begin public comment must be received and, for waters other than
those proposed to be designated as trout streams or trout lakes, a public meeting must be
held in the county where the largest portion of the waters is locateddeleted text end new text begin notice of the proposed
designation must be given, a virtual or in-person meeting must be held, and opportunity to
submit public comment must be offerednew text end .
(b) deleted text begin For waters previously designated as experimental waters, a proposed change in status
to special management waters must be announced before the public meeting by notice
published in a news release issued by the commissioner and in a newspaper of general
circulation in the area where the waters are located. The notice must be published at least
once between 30 and 60 days before the public meeting, and at least once between seven
and 30 days before the meeting.deleted text end If a water proposed to be designated is a lake with a water
area of more than 1,500 acres, or is a stream or river with a reach of more than six miles, a
public meeting must also be held in the seven-county metropolitan areanew text begin unless a virtual
meeting is held and notice of the meeting is published in a newspaper of general circulation
in the seven-county metropolitan areanew text end .
deleted text begin
(c) For proposed special management waters, other than designated trout lakes and
designated trout streams, that were not previously designated as experimental waters, notice
of the proposed designation must be given as provided in this paragraph. The notice must
be posted at publicly maintained access points at least 90 days before the public meeting
and during the open angling season for fish the taking of which on the waters is proposed
to be regulated under subdivision 3. Before the public meeting, notice of the meeting must
be published in a news release issued by the commissioner and in a newspaper of general
circulation in the area where the proposed special management waters are located. The
notice must be published at least once between 30 and 60 days before the meeting, and at
least once between seven and 30 days before the meeting. If a water to be designated is a
lake with a water area of more than 1,500 acres, or is a stream or river with a reach of more
than six miles, a public meeting must also be held in the seven-county metropolitan area.
deleted text end
new text begin
(c) For proposed special management waters other than designated trout lakes and
designated trout streams, before the year that the designation is to become effective, the
commissioner must give notice of the proposed designation. The notice must summarize
the proposed action and invite public comment. Public comments must be accepted at least
through September 30, and the commissioner must consider any public comments received
in making a final decision. Notice must include:
new text end
new text begin
(1) signs of the proposed designation and instructions for submitting comments posted
at publicly maintained access points on the water by June 1;
new text end
new text begin
(2) a list of proposed designations posted on the department's website by June 1,
summarizing the proposed action and inviting public comment; and
new text end
new text begin
(3) a news release issued by the commissioner by July 1, a notice published in a
newspaper of general circulation in the area where the waters are located by August 15, and
at least one more digital media communication published by August 31.
new text end
new text begin
(d) A virtual or in-person meeting must be held before September 20 where public
comment must be accepted. An in-person meeting, where public comment must be accepted,
must be held in the county where the largest portion of the waters is located if:
new text end
new text begin
(1) a water to be designated is a lake over 5,000 acres or is a stream or river reach over
ten miles; or
new text end
new text begin
(2) a request for an in-person meeting is submitted to the commissioner by August 20
before the year that the designation is to become effective.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end For waters proposed to be designated as trout streams or trout lakes, notice of the
proposed designation must be published at least 90 days before the effective date of the
designation in a news release issued by the commissioner and in a newspaper of general
circulation in the area where the waters are located. In addition, all riparian owners along
the waters must be notified at least 90 days before the effective date of the designation.
deleted text begin (e)deleted text end new text begin (f)new text end The notices required in this subdivision must summarize the proposed action,
invite public comment, and specify a deadline for the receipt of public comments. The
commissioner shall mail a copy of each required notice to persons who have registered their
names with the commissioner for this purpose. The commissioner shall consider any public
comments received in making a final decision.
Sec. 36.
new text begin
[97C.202] WATER-QUALITY MONITORING AT STATE FISH
HATCHERIES.
new text end
new text begin
(a) The commissioner, in conjunction with the commissioners of health, agriculture, and
the Pollution Control Agency, must test the source water at the state fish hatcheries located
in the cities of Crystal Springs, Lanesboro, and Peterson monthly for nitrates and pesticides,
including neonicotinoids. By February 15 each year, the commissioner must report the
results of the previous calendar year's testing to the chairs and ranking minority members
of the legislative committees and divisions with jurisdiction over environment and natural
resources policy and finance and health policy and finance.
new text end
new text begin
(b) Once construction of the state fish hatchery in the city of Waterville is completed,
the commissioner must test the source water monthly and report the results as required for
other hatcheries under paragraph (a).
new text end
Sec. 37.
Minnesota Statutes 2022, section 97C.395, as amended by Laws 2023, chapter
60, article 4, section 70, is amended to read:
97C.395 OPEN SEASONS FOR ANGLING.
Subdivision 1.
Dates for certain species.
(a) The open seasons to take fish by angling
are as follows:
(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and smallmouth
bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend through the
last Sunday in February;
deleted text begin
(2) for lake trout, from January 1 through October 31;
deleted text end
deleted text begin
(3) for the winter season for lake trout, brown trout, brook trout, rainbow trout, and
splake on all lakes located outside or partially within the Boundary Waters Canoe Area,
from January 15 through March 31;
deleted text end
deleted text begin
(4) for the winter season for lake trout, brown trout, brook trout, rainbow trout, and
splake on all lakes located entirely within the Boundary Waters Canoe Area, from January
1 through March 31;
deleted text end
deleted text begin (5)deleted text end new text begin (2)new text end for brown trout, brook trout, new text begin lake trout, new text end rainbow trout, and splake, between January
1 through October 31 as prescribed by the commissioner by rule except as provided in
section 97C.415, subdivision 2; and
deleted text begin (6)deleted text end new text begin (3)new text end for salmon, as prescribed by the commissioner by rule.
(b) The commissioner shall close the season in areas of the state where fish are spawning
and closing the season will protect the resource.
Subd. 2.
Continuous season for certain species.
For sunfish, white crappie, black
crappie, yellow perch, new text begin channel new text end catfish, rock bass, white bass, yellow bass, burbot, cisco
(tullibee), lake whitefish, new text begin common carp, new text end and new text begin native new text end rough fish, the open season is continuous.
Sec. 38.
Minnesota Statutes 2022, section 97C.411, is amended to read:
97C.411 STURGEON AND PADDLEFISH.
Lake sturgeon, shovelnose sturgeon, and paddlefish may not be taken, bought, sold,
transported or possessed except as provided by rule of the commissioner. deleted text begin The commissioner
may only allow the taking of these fish in waters that the state boundary passes through and
in tributaries to the St. Croix River.
deleted text end
Sec. 39.
Minnesota Statutes 2022, section 103F.211, subdivision 1, is amended to read:
Subdivision 1.
Adoption.
The commissioner shall adopt model standards and criteria
for the subdivision, use, and development of shoreland in municipalities and areas outside
of a municipality. new text begin The authority to adopt model standards and criteria is exempt from section
14.125 and does not expire. new text end The standards and criteria must include:
(1) the area of a lot and length of water frontage suitable for a building site;
(2) the placement of structures in relation to shorelines and roads;
(3) the placement and construction of sanitary and waste disposal facilities;
(4) designation of types of land uses;
(5) changes in bottom contours of adjacent public waters;
(6) preservation of natural shorelands through the restriction of land uses;
(7) variances from the minimum standards and criteria; and
(8) for areas outside of a municipality only, a model ordinance.
Sec. 40.
Minnesota Statutes 2022, section 103G.005, subdivision 15, is amended to read:
Subd. 15.
Public waters.
(a) "Public waters" means:
(1) water basins assigned a shoreland management classification by the commissioner
under sections 103F.201 to 103F.221;
(2) waters of the state that have been finally determined to be public waters or navigable
waters by a court of competent jurisdiction;
(3) meandered lakes, excluding lakes that have been legally drained;
(4) water basins previously designated by the commissioner for management for a
specific purpose such as trout lakes and game lakes pursuant to applicable laws;
(5) water basins designated as scientific and natural areas under section 84.033;
(6) water basins located within and totally surrounded by publicly owned lands;
(7) water basins where the state of Minnesota or the federal government holds title to
any of the beds or shores, unless the owner declares that the water is not necessary for the
purposes of the public ownership;
(8) water basins where there is a publicly owned and controlled access that is intended
to provide for public access to the water basin;
(9) natural and altered watercourses with a total drainage area greater than two square
miles;
(10) natural and altered watercourses designated by the commissioner as trout streams;
and
(11) public waters wetlands, unless the statute expressly states otherwise.
(b) Public waters are not determined exclusively bynew text begin :
new text end
new text begin (1)new text end the proprietorship of the underlying, overlying, or surrounding land deleted text begin or bydeleted text end new text begin ;
new text end
new text begin (2)new text end whether it is a body or stream of water that was navigable in fact or susceptible of
being used as a highway for commerce at the time this state was admitted to the uniondeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(3) their inclusion in or exclusion from the public waters inventory required under section
103G.201.
new text end
Sec. 41.
Minnesota Statutes 2023 Supplement, section 103G.301, subdivision 2, is amended
to read:
Subd. 2.
Permit application and notification fees.
(a) A fee to defray the costs of
receiving, recording, and processing must be paid for a permit application authorized under
this chapter, except for a general permit application, for each request to amend or transfer
an existing permit, and for a notification to request authorization to conduct a project under
a general permit. Fees established under this subdivision, unless specified in paragraph (c),
must comply with section 16A.1285.
(b) Proposed projects that require water in excess of 100 million gallons per year must
be assessed fees to recover the costs incurred to evaluate the project and the costs incurred
for environmental review. Fees collected under this paragraph must be credited to an account
in the natural resources fund and are appropriated to the commissioner.
(c) The fee to apply for a permit to appropriate water, in addition to any fee under
paragraph (b), is $150. The application fee for a permit to construct or repair a dam that is
subject to a dam safety inspection, to work in public waters, or to divert waters for mining
must be at least $1,200, but not more than $12,000. The fee for a notification to request
authorization to conduct a project under a general permit is $400new text begin , except that the fee for a
notification to request authorization to appropriate water under a general permit is $100new text end .
Sec. 42.
Minnesota Statutes 2022, section 103G.315, subdivision 15, is amended to read:
Subd. 15.
Rules.
The commissioner shall adopt rules prescribing standards and criteria
for issuing and denying water-use permits and public-waters-work permits.new text begin The authority
to adopt the rules is exempt from section 14.125 and does not expire.
new text end
Sec. 43. new text begin CORN PLOT TRANSITION.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 84.9736, a person may plant corn under
an agreement with the commissioner of natural resources entered into before January 1,
2025. Beginning January 1, 2025, the commissioner of natural resources may not enter into
agreements allowing the commercial production of corn on lands administered by the
commissioner.
new text end
new text begin
(b) The commissioner must transition all existing corn plots to native vegetation.
new text end
Sec. 44. new text begin REPORT ON RECREATIONAL USE OF SCHOOL TRUST LANDS.
new text end
new text begin Subdivision 1. new text end
new text begin Office of School Trust Lands. new text end
new text begin
The school trust lands director must
conduct a study of the recreational use of school trust lands in the state. The study must be
used to determine the amount of money to be allocated to the permanent school fund for
fees paid to the state for outdoor recreation purposes. The commissioner of natural resources
must assist the director by providing existing outdoor recreation use data. The director may
contract for additional survey data to complete the study. The director may seek expertise
from outdoor recreation industry leaders when preparing the study. The study must include
the following:
new text end
new text begin
(1) the estimated annual number of daily visits by individuals with a Minnesota hunting
license accessing school trust lands and as a percentage of annual days hunted by all
individuals with a Minnesota hunting license;
new text end
new text begin
(2) the estimated annual number of daily visits by individuals with a Minnesota fishing
license using a public water access site that contains school trust lands and as a percentage
of annual days fishing by all individuals with a Minnesota fishing license;
new text end
new text begin
(3) the estimated annual visits by Minnesota-licensed watercrafts to state-owned public
water access sites that contain school trust lands and as a percentage of all visits by
Minnesota-licensed watercrafts using public water access sites;
new text end
new text begin
(4) the total number of miles of state-maintained snowmobile trails and all-terrain vehicle
trails that are on school trust lands and as a percentage of total miles of state-operated trails
for each purpose;
new text end
new text begin
(5) the total amount of acres of school trust lands located within state parks and recreation
areas and as a percentage of all acres of land in state parks and recreation areas;
new text end
new text begin
(6) any other uses of school trust lands for outdoor recreation that include individuals
purchasing a permit or paying a fee for access to the school trust lands and the percentage
of the total permits or fees for that purpose;
new text end
new text begin
(7) the estimated cost of posting signage near entrances to school trust lands declaring
that certain portions of the public land that are being used for outdoor recreation is school
trust land; and
new text end
new text begin
(8) the estimated cost of updating recreational use maps and other electronic and printed
documents to distinctly label school trust lands that are contained within or are part of state
recreational areas, parks, and trails.
new text end
new text begin Subd. 2. new text end
new text begin Report to the legislature. new text end
new text begin
By January 15, 2026, the school trust lands director
must report the findings in subdivision 1 to the chairs and ranking minority members of the
legislative committees with jurisdiction over environment and natural resources.
new text end
Sec. 45. new text begin CONFORMING CHANGES TO RULE; OHV USE AND FOREST
CLASSIFICATIONS.
new text end
new text begin
The commissioner of natural resources must amend Minnesota Rules, part 6100.1950,
regarding the use of off-highway vehicles to conform with the changes to Minnesota Statutes,
section 84.777, in this act.
new text end
Sec. 46. new text begin STATE PARK LICENSE PLATE DESIGN CONTEST.
new text end
new text begin
The commissioner of natural resources must hold a license plate design contest to design
a new state park license plate available under Minnesota Statutes, section 168.1295,
subdivision 1.
new text end
Sec. 47. new text begin RUSTY PATCHED BUMBLE BEE ENDANGERED SPECIES
DESIGNATION; RULEMAKING.
new text end
new text begin
(a) The commissioner of natural resources must amend Minnesota Rules, part 6134.0200,
to designate the rusty patched bumble bee, Bombus affinis, as an endangered species.
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. 48. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, section 84.926, subdivision 1,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Laws 2003, chapter 128, article 1, section 167, subdivision 1, as amended by Laws
2005, First Special Session chapter 1, article 2, section 152, Laws 2007, chapter 57, article
1, section 155,
new text end
new text begin
is repealed.
new text end
new text begin
(c)
new text end
new text begin
Minnesota Rules, part 6100.0500, subpart 8d,
new text end
new text begin
is repealed.
new text end
new text begin
(d)
new text end
new text begin
Minnesota Statutes 2022, sections 84.033, subdivision 3; and 97B.802,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraphs (a), (b), and (c) are effective August 1, 2026.
new text end
ARTICLE 4
BOARD OF WATER AND SOIL RESOURCES
Section 1.
Minnesota Statutes 2022, section 103B.101, subdivision 12, is amended to read:
Subd. 12.
Authority to issue penalty orders.
(a) deleted text begin Except as provided under subdivision
12a,deleted text end The board may issue an order requiring violations to be corrected and administratively
assessing monetary penalties of up to $10,000 per violation for violations of this chapter
and chapters 103C, 103D, 103E, 103F, and 103G, any rules adopted under those chapters,
and any standards, limitations, or conditions established by the board.
(b) Administrative penalties issued by the board under paragraph (a) deleted text begin or subdivision 12a,deleted text end
may be appealed according to section 116.072, if the recipient of the penalty requests a
hearing by notifying the commissioner in writing within 30 days after receipt of the order.
For the purposes of this section, the terms "commissioner" and "agency" as used in section
116.072 mean the board. If a hearing is not requested within the 30-day period, the order
becomes a final order not subject to further review.
(c) Administrative penalty orders issued under paragraph (a) deleted text begin or subdivision 12a,deleted text end may
be enforced under section 116.072, subdivision 9. Penalty amounts must be remitted within
30 days of issuance of the order.
new text begin
(d) If the board determines that sufficient steps have been taken to fully resolve
noncompliance, all or part of a penalty issued under this subdivision may be forgiven.
new text end
Sec. 2.
Minnesota Statutes 2022, section 103B.101, subdivision 12a, is amended to read:
Subd. 12a.
Authority to issue penalty orders; counties and watershed districts.
(a)
A county or watershed district with jurisdiction deleted text begin or the Board of Water and Soil Resourcesdeleted text end
may issue an order requiring violations of the water resources riparian protection requirements
under sections 103F.415, 103F.421, and 103F.48 to be corrected and administratively
assessing monetary penalties up to deleted text begin $500deleted text end new text begin $10,000new text end for noncompliance commencing on day
one of the 11th month after the noncompliance notice was issued. The proceeds collected
from an administrative penalty order issued under this section must be remitted to the county
or watershed district with jurisdiction over the noncompliant site, or otherwise remitted to
the Board of Water and Soil Resources.
(b) Before exercising this authority, the Board of Water and Soil Resources must adopt
a plan containing procedures for the issuance of administrative penalty orders by local
governments and the board as authorized in this subdivisionnew text begin and subdivision 12new text end . This plan,
and any subsequent amendments, deleted text begin will becomedeleted text end new text begin isnew text end effective 30 days after being published in
the State Register. deleted text begin The initial plan must be published in the State Register no later than July
1, 2017.
deleted text end
(c) Administrative penalties may be reissued and appealed under paragraph (a) according
to section 103F.48, subdivision 9.
Sec. 3.
Minnesota Statutes 2023 Supplement, section 103B.104, is amended to read:
103B.104 LAWNS TO LEGUMES PROGRAM.
(a) The Board of Water and Soil Resources may provide financial and technical assistance
to plant residential landscapes and community spaces with native vegetation and
pollinator-friendly forbs and legumes to:
(1) protect a diversity of pollinators with declining populations; and
(2) provide additional benefits for water management, carbon sequestration, and landscape
and climate resiliency.
(b) The board must establish criteria for grants or payments awarded under this section.
Grants or payments awarded under this section may give priority consideration for proposals
in areas identified by the United States Fish and Wildlife Service as areas where there is a
high potential for rusty patched bumble bees and other priority species to be present.
(c) The board may collaborate with and enter into agreements with federal, state, and
local agencies; Tribal Nations; nonprofit organizations; and contractors to implement and
promote the program.
new text begin
(d) Data on individuals who apply for or receive financial or technical assistance to plant
residential landscapes or community spaces under the program are classified as private data
on individuals, as defined by section 13.02, subdivision 12. Section 13.05, subdivision 11,
applies to an agreement between the board and a private person to implement the program.
new text end
Sec. 4.
Minnesota Statutes 2023 Supplement, section 103F.06, is amended by adding a
subdivision to read:
new text begin Subd. 7. new text end
new text begin Grant requirements. new text end
new text begin
In addition to the applicable grants management
requirements under sections 16B.97 to 16B.991, as a condition of receiving financial
assistance to purchase soil health equipment under this section, a farmer must commit to:
new text end
new text begin
(1) if not certified under sections 17.9891 to 17.993, achieving certification no later than
24 months after the grant agreement is fully executed;
new text end
new text begin
(2) not leasing or renting the equipment to another for economic gain; and
new text end
new text begin
(3) if selling the equipment, selling it for no more than the farmer's documented share
of the total purchase price.
new text end
Sec. 5.
Minnesota Statutes 2022, section 103F.48, subdivision 7, is amended to read:
Subd. 7.
Corrective actions.
(a) If the soil and water conservation district determines
a landowner is not in compliance with this section, the district must notify the county or
watershed district with jurisdiction over the noncompliant site and the board. The county
or watershed district with jurisdiction or the board must provide the landowner with a list
of corrective actions needed to come into compliance and a practical timeline to meet the
requirements in this section. The county or watershed district with jurisdiction must provide
a copy of the corrective action notice to the board.
(b) A county or watershed district exercising jurisdiction under this subdivision and the
enforcement authority granted in section 103B.101, subdivision 12a, shall affirm their
jurisdiction and identify the ordinance, rule, or other official controls to carry out the
compliance provisions of this section and section 103B.101, subdivision 12a, by notice to
the board prior to March 31, 2017. A county or watershed district must provide notice to
the board at least 60 days prior to the effective date of a subsequent decision on their
jurisdiction.
(c) If the landowner does not comply with the list of actions and timeline provided, the
county or watershed district may enforce this section under the authority granted in section
103B.101, subdivision 12a, or by rule of the watershed district or ordinance or other official
control of the county. Before exercising administrative penalty authority, a county or
watershed district must adopt a plan consistent with the plan adopted by the board containing
procedures for the issuance of administrative penalty orders and may issue orders beginning
November 1, 2017. If a county or watershed district with jurisdiction over the noncompliant
site has not adopted a plan, rule, ordinance, or official control under this paragraph, the
board must enforce this section under the authority granted in section 103B.101, subdivision
deleted text begin 12adeleted text end new text begin 12new text end .
(d) If the county, watershed district, or board determines that sufficient steps have been
taken to fully resolve noncompliance, all or part of the penalty may be forgiven.
(e) An order issued under paragraph (c) may be appealed to the board as provided under
subdivision 9.
(f) A corrective action is not required for conditions resulting from a flood or other act
of nature.
(g) A landowner agent or operator of a landowner may not remove or willfully degrade
a riparian buffer or water quality practice, wholly or partially, unless the agent or operator
has obtained a signed statement from the property owner stating that the permission for the
work has been granted by the unit of government authorized to approve the work in this
section or that a buffer or water quality practice is not required as validated by the soil and
water conservation district. Removal or willful degradation of a riparian buffer or water
quality practice, wholly or partially, by an agent or operator is a separate and independent
offense and may be subject to the corrective actions and penalties in this subdivision.
Sec. 6.
new text begin
[103F.49] DRAIN TILE SELLER'S DISCLOSURE REQUIRED.
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, "drain tile" means a system of
tile, corrugated plastic tubing, pipe, or other conduit installed beneath the ground surface
to collect and convey water.
new text end
new text begin Subd. 2. new text end
new text begin Disclosure required. new text end
new text begin
(a) Before signing an agreement to sell or transfer real
property classified for purposes of taxation under section 273.13 as class 2a or 2b, the seller
must disclose in writing to the buyer the status and location of all known drain tile on the
property by delivering to the buyer:
new text end
new text begin
(1) a statement by the seller that the seller does not know of any drain tile on the property;
or
new text end
new text begin
(2) a disclosure statement indicating the legal description and county and, to the extent
practicable, a map drawn from available information and accurate to scale identifying the
location of drain tile on the property, including tile diameter and all outlets and control
structures, and the drainage water flow path for the first mile downstream of the drain tile.
new text end
new text begin
(b) At the time of closing the sale, the disclosure statement information, name and mailing
address of the buyer, and the quartile, section, township, and range in which drain tile is
located must be provided on a drain tile disclosure certificate signed by the seller or a person
authorized to act on behalf of the seller.
new text end
new text begin
(c) A drain tile certificate need not be provided if the seller does not know of any drain
tile on the property and the deed or other instrument of conveyance contains the statement:
"The Seller certifies that the Seller does not know of any drain tile on the described real
property."
new text end
new text begin
(d) If a deed is given pursuant to a contract for deed, the drain tile disclosure certificate
required by this subdivision must be signed by the buyer or a person authorized to act on
behalf of the buyer. If the buyer knows of no drain tile on the property, a drain tile disclosure
certificate is not required if the following statement appears on the deed, followed by the
signature of the grantee or, if there is more than one grantee, the signature of at least one
of the grantees: "The Grantee certifies that the Grantee does not know of any drain tile on
the described real property." The statement and signature of the grantee may be on the front
or back of the deed or on an attached sheet, and an acknowledgment of the statement by
the grantee is not required for the deed to be recordable.
new text end
new text begin
(e) If the seller fails to provide a required drain tile disclosure certificate, the buyer, or
a person authorized to act on behalf of the buyer, may sign a drain tile disclosure certificate
based on the information provided on the disclosure statement required by this section or
based on other available information.
new text end
new text begin
(f) A county recorder or registrar of titles may not record a deed or other instrument of
conveyance dated after January 1, 2026, for which a certificate of value is required under
section 272.115, or any deed or other instrument of conveyance dated after January 1, 2026,
from a governmental body exempt from the payment of state deed tax, unless the deed or
other instrument of conveyance contains the statement made in accordance with paragraph
(c) or (d) or is accompanied by the drain tile disclosure certificate containing all the
information required by paragraph (b) or (d).
new text end
new text begin
(g) The county recorder or registrar of titles must not accept a certificate unless it contains
all required information. The county recorder or registrar of titles must note on each deed
or other instrument of conveyance accompanied by a drain tile disclosure certificate that
the drain tile disclosure certificate was received. The notation must include the statement
"No drain tile on property" if the disclosure certificate states that there is no drain tile on
the property.
new text end
new text begin
(h) The drain tile disclosure certificate must not be filed or recorded in the records
maintained by the county recorder or registrar of titles. After noting "No drain tile on
property" on the deed or other instrument of conveyance, the county recorder or registrar
of titles must destroy or return to the buyer the drain tile disclosure certificate.
new text end
new text begin
(i) The county recorder or registrar of titles must collect from the buyer or the person
seeking to record a deed or other instrument of conveyance a fee of $50 for receipt of a
completed drain tile disclosure certificate. By the tenth day of each month, the county
recorder or registrar of titles must transmit the drain tile disclosure certificates to the Board
of Water and Soil Resources. By the tenth day after the end of each calendar quarter, the
county recorder or registrar of titles must transmit to the Board of Water and Soil Resources
$42.50 of the fee for each drain disclosure certificate received during the quarter. The board
must maintain the drain tile disclosure certificate for at least six years. The board may store
the certificate as an electronic image. A copy of that image is as valid as the original.
new text end
new text begin
(j) The Board of Water and Soil Resources, in consultation with county recorders, must
prescribe the form for a drain tile disclosure certificate and provide drain tile disclosure
certificate forms to county recorders, registrars of titles, and other interested persons.
new text end
new text begin
(k) Failure to comply with a requirement of this section does not impair:
new text end
new text begin
(1) the validity of a deed or other instrument of conveyance as between the parties to
the deed or instrument or as to any other person who otherwise would be bound by the deed
or instrument; or
new text end
new text begin
(2) the record, as notice, of any deed or other instrument of conveyance accepted for
filing or recording contrary to the provisions of this subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Liability for failure to disclose. new text end
new text begin
Unless the buyer and seller agree to the
contrary, in writing, before the closing of the sale, a seller who fails to disclose the existence
or known status of drain tile at the time of sale and knew or had reason to know of the
existence or known status of the drain tile is liable to the buyer for costs incurred to repair
the drain tile and reasonable attorney fees for collection of costs from the seller, if the action
is commenced within six years after the date the buyer closed the purchase of the real
property where the drain tile is located.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 7. new text begin SOIL HEALTH APPROPRIATIONS; REPORT.
new text end
new text begin
By January 15, 2026, the Board of Water and Soil Resources must submit a report to
the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over environment and natural resources on the expenditure of money appropriated
for soil health activities under Laws 2023, chapter 60, article 1, section 4, paragraph (k).
new text end
ARTICLE 5
PACKAGING WASTE AND COST REDUCTION ACT
Section 1.
new text begin
[115A.144] SHORT TITLE.
new text end
new text begin
Sections 115A.144 to 115A.1462 may be cited as the "Packaging Waste and Cost
Reduction Act."
new text end
Sec. 2.
new text begin
[115A.1441] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For the purposes of sections 115A.144 to 115A.1462, the terms
in this section have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Advisory board. new text end
new text begin
"Advisory board" or "board" means the Producer
Responsibility Advisory Board established under section 115A.1444.
new text end
new text begin Subd. 3. new text end
new text begin Brand. new text end
new text begin
"Brand" means a name, symbol, word, or mark that identifies a product
and attributes the product and its components, including packaging, to the brand owner.
new text end
new text begin Subd. 4. new text end
new text begin Brand owner. new text end
new text begin
"Brand owner" means a person that owns or licenses a brand or
that otherwise has rights to market a product under the brand, whether or not the brand's
trademark is registered.
new text end
new text begin Subd. 5. new text end
new text begin Collection rate. new text end
new text begin
"Collection rate" means the amount of a covered material by
covered materials type collected by service providers and transported for recycling or
composting divided by the total amount of the type of a covered material by covered materials
type sold or distributed into the state by the relevant unit of measurement established in
section 115A.1451.
new text end
new text begin Subd. 6. new text end
new text begin Compostable material. new text end
new text begin
"Compostable material" means a covered material
that:
new text end
new text begin
(1) meets, and is labeled to reflect that it meets, the American Society for Testing and
Materials Standard Specification for Labeling of Plastics Designed to be Aerobically
Composted in Municipal or Industrial Facilities (D6400) or its successor;
new text end
new text begin
(2) meets, and is labeled to reflect that it meets, the American Society for Testing and
Materials Standard Specification for Labeling of End Items that Incorporate Plastics and
Polymers as Coatings or Additives with Paper and Other Substrates Designed to be
Aerobically Composted in Municipal or Industrial Facilities (D6868) or its successor;
new text end
new text begin
(3) is comprised of only wood without any coatings or additives; or
new text end
new text begin
(4) is comprised of only paper without any coatings or additives.
new text end
new text begin Subd. 7. new text end
new text begin Composting. new text end
new text begin
"Composting" means the controlled microbial degradation of
source-separated compostable materials to yield a humus-like product.
new text end
new text begin Subd. 8. new text end
new text begin Composting rate. new text end
new text begin
"Composting rate" means the amount of compostable covered
material that is managed through composting, divided by the total amount of compostable
covered material sold or distributed into the state by the relevant unit of measurement
established in section 115A.1451.
new text end
new text begin Subd. 9. new text end
new text begin Covered material. new text end
new text begin
"Covered material" means packaging and paper products
introduced into the state. Covered material does not include exempt materials.
new text end
new text begin Subd. 10. new text end
new text begin Covered materials type. new text end
new text begin
"Covered materials type" means a singular and
specific type of covered material that can be categorized based on distinguishing chemical
or physical properties, including properties that allow for a covered materials type to be
aggregated into a commonly defined discrete commodity category for purposes of reuse,
recycling, or composting, and based on similar uses in the form of a product or package.
new text end
new text begin Subd. 11. new text end
new text begin De minimis producer. new text end
new text begin
"De minimis producer" means a person that in the
most recent fiscal year:
new text end
new text begin
(1) introduced less than one ton of covered material into this state; or
new text end
new text begin
(2) earned global gross revenues of less than $2,000,000.
new text end
new text begin Subd. 12. new text end
new text begin Drop-off collection site. new text end
new text begin
"Drop-off collection site" means a physical location
where covered materials are accepted from the public and that is open a minimum of 12
hours weekly throughout the year.
new text end
new text begin Subd. 13. new text end
new text begin Environmental impact. new text end
new text begin
"Environmental impact" means the impact of a
covered material on human health and the environment from extraction and processing of
the raw materials composing the material through manufacturing; distribution; use; recovery
for reuse, recycling, or composting; and final disposal.
new text end
new text begin Subd. 14. new text end
new text begin Exempt materials. new text end
new text begin
"Exempt materials" means materials, or any portion of
materials, that:
new text end
new text begin
(1) are packaging for infant formula, as defined in United States Code, title 21, section
321(z);
new text end
new text begin
(2) are packaging for medical food, as defined in United States Code, title 21, section
360ee(b)(3);
new text end
new text begin
(3) are packaging for a fortified oral nutritional supplement used by persons who require
supplemental or sole source nutrition to meet nutritional needs due to special dietary needs
directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive,
as those terms are defined by the International Classification of Diseases, Tenth Revision;
new text end
new text begin
(4) are packaging for medical devices or drugs, as defined in the federal Food, Drug,
and Cosmetic Act, United States Code, title 21, sections 321(g), 321(h), and 353(b)(1), as
amended;
new text end
new text begin
(5) are packaging for products regulated as animal biologics, including vaccines, bacterins,
antisera, diagnostic kits, and other products of biological origin, under the federal
Virus-Serum-Toxin Act, United States Code, title 21, section 151 et seq., as amended;
new text end
new text begin
(6) are packaging for products regulated under the federal Insecticide, Fungicide, and
Rodenticide Act, United States Code, title 7, section 136 et seq., as amended;
new text end
new text begin
(7) are paper products used for a print publication with a circulation of less than 20,000
that primarily includes content derived from primary sources related to news and current
events; or
new text end
new text begin
(8) are exempt materials, as determined by the commissioner under section 115A.1453,
subdivision 6.
new text end
new text begin Subd. 15. new text end
new text begin Food packaging. new text end
new text begin
"Food packaging" has the meaning given in section 325F.075.
new text end
new text begin Subd. 16. new text end
new text begin Independent auditor. new text end
new text begin
"Independent auditor" means an independent and
actively licensed certified public accountant that is:
new text end
new text begin
(1) retained by a producer responsibility organization;
new text end
new text begin
(2) not otherwise employed by or affiliated with a producer responsibility organization;
and
new text end
new text begin
(3) qualified to conduct an audit under state law.
new text end
new text begin Subd. 17. new text end
new text begin Infrastructure investment. new text end
new text begin
"Infrastructure investment" means an investment
by a producer responsibility organization that funds:
new text end
new text begin
(1) equipment or facilities in which covered materials are prepared for reuse, recycling,
or composting;
new text end
new text begin
(2) equipment or facilities used for waste reduction, reuse, recycling, or composting of
covered materials; or
new text end
new text begin
(3) the expansion or strengthening of demand for and use of covered materials by
responsible markets in the state or region.
new text end
new text begin Subd. 18. new text end
new text begin Introduce. new text end
new text begin
"Introduce" means to sell, offer for sale, distribute, or use to ship
a product within or into this state.
new text end
new text begin Subd. 19. new text end
new text begin Living wage. new text end
new text begin
"Living wage" means the minimum hourly wage necessary to
allow a person working 40 hours per week to afford basic needs.
new text end
new text begin Subd. 20. new text end
new text begin Needs assessment. new text end
new text begin
"Needs assessment" means an assessment conducted
according to section 115A.1450. Except where the context requires otherwise, needs
assessment means the most recently completed needs assessment.
new text end
new text begin Subd. 21. new text end
new text begin Nondisclosure agreement. new text end
new text begin
"Nondisclosure agreement" means an agreement
that requires the parties to the agreement to treat private and nonpublic data submitted to
facilitate the completion of a needs assessment according to section 115A.06, subdivision
13.
new text end
new text begin Subd. 22. new text end
new text begin Packaging. new text end
new text begin
"Packaging" has the meaning given in section 115A.03 and
includes food packaging. Packaging does not include exempt materials.
new text end
new text begin Subd. 23. new text end
new text begin Paper product. new text end
new text begin
"Paper product" means a product made primarily from wood
pulp or other cellulosic fibers, except that paper product does not include bound books or
products that recycling or composting facilities will not accept because of the unsafe or
unsanitary nature of the paper product.
new text end
new text begin Subd. 24. new text end
new text begin Postconsumer recycled content. new text end
new text begin
"Postconsumer recycled content" means
the portion of a product composed of postconsumer material, expressed as a percentage of
the total weight of the product.
new text end
new text begin Subd. 25. new text end
new text begin Producer. new text end
new text begin
(a) "Producer" means the following person responsible for
compliance with requirements under sections 115A.144 to 115A.1462 for a covered material
sold, offered for sale, or distributed in or into this state:
new text end
new text begin
(1) for items sold in or with packaging at a physical retail location in this state:
new text end
new text begin
(i) if the item is sold in or with packaging under the brand of the item manufacturer or
is sold in packaging that lacks identification of a brand, the producer is the person that
manufactures the item;
new text end
new text begin
(ii) if there is no person to which item (i) applies, the producer is the person that is
licensed to manufacture and sell or offer for sale to consumers in this state an item with
packaging under the brand or trademark of another manufacturer or person;
new text end
new text begin
(iii) if there is no person to which item (i) or (ii) applies, the producer is the brand owner
of the item;
new text end
new text begin
(iv) if there is no person described in item (i), (ii), or (iii) within the United States, the
producer is the person who is the importer of record for the item into the United States for
use in a commercial enterprise that sells, offers for sale, or distributes the item in this state;
or
new text end
new text begin
(v) if there is no person described in items (i) to (iv), the producer is the person that first
distributes the item in or into this state;
new text end
new text begin
(2) for items sold or distributed in packaging in or into this state via e-commerce, remote
sale, or distribution:
new text end
new text begin
(i) for packaging used to directly protect or contain the item, the producer of the packaging
is the same as the producer identified under clause (1); and
new text end
new text begin
(ii) for packaging used to ship the item to a consumer, the producer of the packaging is
the person that packages the item to be shipped to the consumer;
new text end
new text begin
(3) for packaging that is a covered material and is not included in clauses (1) and (2),
the producer of the packaging is the person that first distributes the item in or into this state;
new text end
new text begin
(4) for paper products that are magazines, catalogs, telephone directories, or similar
publications, the producer is the publisher;
new text end
new text begin
(5) for paper products not described in clause (4):
new text end
new text begin
(i) if the paper product is sold under the manufacturer's own brand, the producer is the
person that manufactures the paper product;
new text end
new text begin
(ii) if there is no person to which item (i) applies, the producer is the person that is the
owner or licensee of a brand or trademark under which the paper product is used in a
commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or
not the trademark is registered in this state;
new text end
new text begin
(iii) if there is no person to which item (i) or (ii) applies, the producer is the brand owner
of the paper product;
new text end
new text begin
(iv) if there is no person described in item (i), (ii), or (iii) within the United States, the
producer is the person that imports the paper product into the United States for use in a
commercial enterprise that sells, offers for sale, or distributes the paper product in this state;
or
new text end
new text begin
(v) if there is no person described in items (i) to (iv), the producer is the person that first
distributes the paper product in or into this state; and
new text end
new text begin
(6) a person is the producer of a covered material sold, offered for sale, or distributed
in or into this state, as defined in clauses (1) to (5), except:
new text end
new text begin
(i) where another person has mutually signed an agreement with a producer as defined
in clauses (1) to (5) that contractually assigns responsibility to the person as the producer,
and the person has joined a registered producer responsibility organization as the responsible
producer for that covered material under sections 115A.144 to 115A.1462. In the event that
another person is assigned responsibility as the producer under this subdivision, the producer
under clauses (1) to (5) must provide written certification of that contractual agreement to
the producer responsibility organization; and
new text end
new text begin
(ii) if the producer described in clauses (1) to (5) is a business operated wholly or in part
as a franchise, the producer is the franchisor if that franchisor has franchisees that have a
commercial presence within the state.
new text end
new text begin
(b) "Producer" does not include:
new text end
new text begin
(1) government agencies, municipalities, or other political subdivisions of the state;
new text end
new text begin
(2) registered 501(c)(3) charitable organizations and 501(c)(4) social welfare
organizations; or
new text end
new text begin
(3) de minimis producers.
new text end
new text begin Subd. 26. new text end
new text begin Producer responsibility organization. new text end
new text begin
"Producer responsibility organization"
means a nonprofit corporation that is tax exempt under chapter 501(c)(3) of the federal
Internal Revenue Code and that is created by a group of producers to implement activities
under sections 115A.144 to 115A.1462.
new text end
new text begin Subd. 27. new text end
new text begin Recycling. new text end
new text begin
"Recycling" has the meaning given in section 115A.03 except that
recycling does not include reuse or composting.
new text end
new text begin Subd. 28. new text end
new text begin Recycling rate. new text end
new text begin
"Recycling rate" means the amount of covered material, in
aggregate or by individual covered materials type, managed through recycling in a calendar
year divided by the total amount of covered materials sold or distributed into the state by
the relevant unit of measurement established in section 115A.1451.
new text end
new text begin Subd. 29. new text end
new text begin Refill. new text end
new text begin
"Refill" means the continued use of a covered material by a consumer
through a system that is:
new text end
new text begin
(1) intentionally designed and marketed for repeated filling of a covered material to
reduce demand for new production of the covered material;
new text end
new text begin
(2) supported by adequate logistics and infrastructure to provide convenient access for
consumers; and
new text end
new text begin
(3) compliant with all applicable state and local statutes, rules, ordinances, and other
laws governing health and safety.
new text end
new text begin Subd. 30. new text end
new text begin Responsible market. new text end
new text begin
"Responsible market" means a materials market that:
new text end
new text begin
(1) reuses, recycles, composts, or otherwise recovers materials and disposes of
contaminants in a manner that protects the environment and minimizes risks to public health
and worker health and safety;
new text end
new text begin
(2) complies with all applicable federal, state, and local statutes, rules, ordinances, and
other laws governing environmental, health, safety, and financial responsibility;
new text end
new text begin
(3) possesses all requisite licenses and permits required by government agencies;
new text end
new text begin
(4) if the market operates in the state, manages waste according to the waste management
goal and priority order of waste management practices stated in section 115A.02; and
new text end
new text begin
(5) minimizes adverse impacts to environmental justice areas.
new text end
new text begin Subd. 31. new text end
new text begin Return rate. new text end
new text begin
"Return rate" means the amount of reusable covered material,
in aggregate or by individual covered materials type, collected for reuse by the producer or
service provider in a calendar year divided by the total amount of reusable covered materials
sold or distributed into the state by the relevant unit of measurement established in section
115A.1451.
new text end
new text begin Subd. 32. new text end
new text begin Reusable. new text end
new text begin
"Reusable" means capable of reuse.
new text end
new text begin Subd. 33. new text end
new text begin Reuse. new text end
new text begin
"Reuse" means the return of a covered material to the marketplace and
the continued use of the covered material by a producer or service provider when the covered
material is:
new text end
new text begin
(1) intentionally designed and marketed to be used multiple times for its original intended
purpose without a change in form;
new text end
new text begin
(2) designed for durability and maintenance to extend its useful life and reduce demand
for new production of the covered material;
new text end
new text begin
(3) supported by adequate logistics and infrastructure at a retail location, by a service
provider, or on behalf of or by a producer, that provides convenient access for consumers;
and
new text end
new text begin
(4) compliant with all applicable state and local statutes, rules, ordinances, and other
laws governing health and safety.
new text end
new text begin Subd. 34. new text end
new text begin Reuse rate. new text end
new text begin
"Reuse rate" means the share of units of a covered material sold
or distributed into the state in a calendar year that are deemed reusable by the commissioner
according to section 115A.1451.
new text end
new text begin Subd. 35. new text end
new text begin Service provider. new text end
new text begin
"Service provider" means an entity that collects, transfers,
sorts, processes, or otherwise prepares covered materials for reuse, recycling, or composting.
A political subdivision that provides or that contracts or otherwise arranges with another
party to provide reuse, collection, recycling, or composting services for covered materials
within its jurisdiction may be a service provider regardless of whether it provided, contracted
for, or otherwise arranged for similar services before the approval of the applicable
stewardship plan.
new text end
new text begin Subd. 36. new text end
new text begin Third-party certification. new text end
new text begin
"Third-party certification" means certification by
an accredited independent organization that a standard or process required by sections
115A.144 to 115A.1462, or a stewardship plan approved under sections 115A.144 to
115A.1462, has been achieved.
new text end
new text begin Subd. 37. new text end
new text begin Toxic substance. new text end
new text begin
"Toxic substance" means hazardous waste; a problem
material; a chemical or chemical class regulated under section 115A.965, 116.943, 325F.075,
or 325F.172 to 325F.179; or a chemical of high concern identified under section 116.9402.
new text end
new text begin Subd. 38. new text end
new text begin Waste reduction or source reduction. new text end
new text begin
"Waste reduction" or "source reduction"
has the meaning given in section 115A.03, except that waste reduction or source reduction
includes refill, but does not include reuse.
new text end
Sec. 3.
new text begin
[115A.1442] ESTABLISHMENT OF PROGRAM.
new text end
new text begin
Producers must implement and finance a statewide program for packaging and paper
products in accordance with sections 115A.144 to 115A.1462 that encourages packaging
redesign to reduce the environmental impacts and human health impacts and that reduces
generation of covered materials waste through waste reduction, reuse, recycling, and
composting and by providing for negotiation and execution of agreements to collect,
transport, and process used covered materials for reuse, recycling, and composting.
new text end
Sec. 4.
new text begin
[115A.1443] REGISTRATION OF PRODUCER RESPONSIBILITY
ORGANIZATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Annual registration. new text end
new text begin
(a) By January 1, 2025, and annually thereafter,
producers must appoint a producer responsibility organization and the organization must
register with the commissioner by submitting the following:
new text end
new text begin
(1) contact information for a person responsible for implementing an approved
stewardship plan;
new text end
new text begin
(2) a list of all member producers that will operate under the stewardship plan
administered by the producer responsibility organization and, for each producer, a list of
all brands of the producer's covered materials introduced in this state;
new text end
new text begin
(3) copies of written agreements with each producer stating that each producer agrees
to operate under an approved stewardship plan administered by the producer responsibility
organization;
new text end
new text begin
(4) a list of current board members and the executive director if different than the person
responsible for implementing approved stewardship plans; and
new text end
new text begin
(5) payment of the annual fee required under subdivision 2.
new text end
new text begin
(b) If more than a single producer responsibility organization is established, the producers
and producer responsibility organizations must establish a coordinating body and process
to prevent redundancy of service contracts among service providers and to ensure the efficient
delivery of waste management services. The stewardship plans of all producer responsibility
organizations must be integrated into a single stewardship plan that covers all requirements
of sections 115A.144 to 115A.1462 and encompasses all producers when submitted to the
commissioner for approval. The annual reports of all producer responsibility organizations
must be integrated into a single annual report that covers all requirements of sections
115A.144 to 115A.1462 and encompasses all producers when submitted to the commissioner.
new text end
new text begin Subd. 2. new text end
new text begin Registration fee. new text end
new text begin
(a) As part of its annual registration with the commissioner,
a producer responsibility organization must submit to the commissioner an annual fee for
the following year, as determined by the commissioner. Beginning October 1, 2028, and
annually thereafter, the commissioner must notify registered producer responsibility
organizations in writing of the amount of the fee for the following year. If there is more
than one registered producer responsibility organization, the coordinating body described
in subdivision 1, paragraph (b), must equitably apportion payment of the annual fee between
all registered producer responsibility organizations. The annual fee must be set at an amount
anticipated to in the aggregate meet but not exceed the commissioner's estimate of the costs
required to perform the commissioner's duties as described in section 115A.1445 and to
otherwise administer, implement, and enforce sections 115A.144 to 115A.1462.
new text end
new text begin
(b) The commissioner must reconcile the fees paid by a producer responsibility
organization under this subdivision with the actual costs incurred by the agency on an annual
basis, by means of credits or refunds to or additional payments required of a producer
responsibility organization, as applicable.
new text end
new text begin
(c) Fees collected by the commissioner under this section are appropriated to the
commissioner for the purposes of sections 115A.144 to 115A.1462.
new text end
new text begin Subd. 3. new text end
new text begin
Initial producer responsibility organization registration; implementation
fee.
new text end
new text begin
(a) Notwithstanding the other provisions of this section, the commissioner may not
allow registration of more than one producer responsibility organization under this section
before the first stewardship plan approved by the commissioner expires. If more than one
producer responsibility organization applies to register under this section before the first
stewardship plan is approved by the commissioner, the commissioner must select the producer
responsibility organization that will represent producers until the first stewardship plan
expires and must return the registration fee paid by applicants who are not selected. When
selecting a producer responsibility organization, the commissioner must consider whether
the producer responsibility organization:
new text end
new text begin
(1) has a governing board consisting of producers that represent a diversity of covered
materials introduced in the state; and
new text end
new text begin
(2) demonstrates adequate financial responsibility and financial controls to ensure proper
management of funds.
new text end
new text begin
(b) By October 1, 2025, and annually until the first stewardship plan is approved, the
commissioner must provide written notice to the initial producer responsibility organization
registered under this section of the commissioner's estimate of the cost of conducting the
initial needs assessment and the commissioner's costs to administer sections 115A.144 to
115A.1462 during the period prior to plan approval. The producer responsibility organization
must remit payment in full for these costs to the commissioner within 45 days of receipt of
this notice. The producer responsibility organization may charge each member producer to
cover the cost of its implementation fee according to each producer's unit-, weight-, volume-,
or sales-based market share or by another method it determines to be an equitable
determination of each producer's payment obligation.
new text end
new text begin Subd. 4. new text end
new text begin Requirement for additional producer responsibility organizations. new text end
new text begin
The
commissioner may allow registration of more than one producer responsibility organization
if:
new text end
new text begin
(1) producers of a covered materials type or a specific covered material appoint a producer
responsibility organization; or
new text end
new text begin
(2) producers organize under additional producer responsibility organizations that meet
the criteria established in subdivision 3, paragraph (a).
new text end
Sec. 5.
new text begin
[115A.1444] ESTABLISHMENT OF PRODUCER RESPONSIBILITY
ADVISORY BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The Producer Responsibility Advisory Board is established
to review all programs conducted by producer responsibility organizations under sections
115A.144 to 115A.1462 and to advise the commissioner and producer responsibility
organizations regarding the implementation of sections 115A.144 to 115A.1462.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The membership of the advisory board consists of persons
appointed by the commissioner by January 1, 2025, as follows:
new text end
new text begin
(1) two members representing manufacturers of covered materials or a statewide or
national trade association representing those manufacturers;
new text end
new text begin
(2) two members representing recycling facilities that manage covered materials;
new text end
new text begin
(3) one member representing a waste hauler or a statewide association representing waste
haulers;
new text end
new text begin
(4) one member representing retailers of covered materials or a statewide trade association
representing those retailers;
new text end
new text begin
(5) one member representing a statewide nonprofit environmental organization;
new text end
new text begin
(6) one member representing a community-based nonprofit environmental justice
organization;
new text end
new text begin
(7) one member representing a waste facility that receives and sorts covered materials
and transfers them to another facility for reuse, recycling, or composting;
new text end
new text begin
(8) one member representing a waste facility that receives compostable materials for
composting or a statewide trade association that represents such facilities;
new text end
new text begin
(9) two members representing an entity that develops or offers for sale covered materials
that are designed for reuse and maintained through a reuse system or infrastructure or a
statewide or national trade association that represents such entities;
new text end
new text begin
(10) three members representing organizations of political subdivisions;
new text end
new text begin
(11) two members representing other stakeholders or additional members of interests
represented under clauses (1) to (10) as determined by the commissioner; and
new text end
new text begin
(12) one member representing the commissioner.
new text end
new text begin
(b) In making appointments under paragraph (a), the commissioner:
new text end
new text begin
(1) may not appoint members who are state legislators or registered lobbyists;
new text end
new text begin
(2) may not appoint members who are employees of a producer required to be members
of a producer responsibility organization in this state under sections 115A.144 to 115A.1462;
and
new text end
new text begin
(3) must endeavor to appoint members from all regions of the state.
new text end
new text begin Subd. 3. new text end
new text begin Terms; removal. new text end
new text begin
A member of the advisory board appointed under subdivision
2, paragraph (a), clause (12), serves at the pleasure of the commissioner. All other members
serve for a term of four years, except that the initial term for nine of the initial appointees
must be two years so that membership terms are staggered. Members may be reappointed
but may not serve more than eight consecutive years. Removing members and filling of
vacancies is governed by section 15.059, subdivision 4. Except as otherwise provided,
chapter 15 does not apply to the board.
new text end
new text begin Subd. 4. new text end
new text begin Compensation. new text end
new text begin
Members of the board must be compensated according to
section 15.059, subdivision 3.
new text end
new text begin Subd. 5. new text end
new text begin Quorum. new text end
new text begin
A majority of the voting board members constitutes a quorum. If
there is a vacancy in the membership of the board, a majority of the remaining voting
members of the board constitutes a quorum.
new text end
new text begin Subd. 6. new text end
new text begin Voting. new text end
new text begin
Action by the advisory board requires a quorum and a majority of those
present and voting. All members of the advisory board, except the member appointed under
subdivision 2, paragraph (a), clause (12), are voting members of the board.
new text end
new text begin Subd. 7. new text end
new text begin Meetings. new text end
new text begin
The advisory board must meet at least two times per year and may
meet more frequently upon ten days' written notice at the request of the chair or a majority
of its members.
new text end
new text begin Subd. 8. new text end
new text begin Open meetings. new text end
new text begin
Meetings of the board must comply with chapter 13D.
new text end
new text begin Subd. 9. new text end
new text begin Chair. new text end
new text begin
At its initial meeting, and every two years thereafter, the advisory board
must elect a chair and vice-chair from among its members.
new text end
new text begin Subd. 10. new text end
new text begin Administrative and operating support. new text end
new text begin
The commissioner must provide
administrative and operating support to the advisory board and may contract with a third-party
facilitator to assist in administering the activities of the advisory board, including establishing
a website or landing page on the agency website.
new text end
new text begin Subd. 11. new text end
new text begin Conflict of interest policies. new text end
new text begin
The commissioner must assist the advisory board
in developing policies and procedures governing the disclosure of actual or perceived
conflicts of interest that advisory board members may have as a result of their employment
or financial holdings of themselves or of family members. Each advisory board member is
responsible for reviewing the conflict of interest policies and procedures. An advisory board
member must disclose any instance of actual or perceived conflicts of interest at each meeting
of the advisory board at which recommendations regarding stewardship plans, programs,
operations, or activities are made by the advisory board.
new text end
Sec. 6.
new text begin
[115A.1445] COMMISSIONER RESPONSIBILITIES.
new text end
new text begin
The commissioner must:
new text end
new text begin
(1) appoint the initial membership of the advisory board by January 1, 2025, according
to section 115A.1444;
new text end
new text begin
(2) provide administrative and operating support to the advisory board, as required by
section 115A.1444, subdivision 10;
new text end
new text begin
(3) complete an initial needs assessment by December 31, 2026, and update the needs
assessment every five years thereafter, according to section 115A.1450;
new text end
new text begin
(4) approve stewardship plans and amendments to stewardship plans according to section
115A.1451;
new text end
new text begin
(5) provide the lists of covered materials that are recyclable or compostable and exempt
materials developed by the commissioner under section 115A.1453 to all producer
responsibility organizations by March 1, 2027;
new text end
new text begin
(6) post on the agency's website:
new text end
new text begin
(i) the most recent registration materials submitted by producer responsibility
organizations, including all information submitted under section 115A.1443, subdivision
1;
new text end
new text begin
(ii) the most recent needs assessment;
new text end
new text begin
(iii) any stewardship plan or amendment submitted by a producer responsibility
organization under section 115A.1451 that is in draft form during the public comment
period;
new text end
new text begin
(iv) the most recent lists of recyclable or compostable covered materials and of exempt
materials developed by the commissioner under section 115A.1453;
new text end
new text begin
(v) the most recent list of exempt materials approved by the commissioner under section
115A.1453;
new text end
new text begin
(vi) links to producer responsibility organization websites;
new text end
new text begin
(vii) comments of the public, advisory board, and producer responsibility organizations
on the documents listed in items (ii), (iii), (iv), and (viii), and the responses of the
commissioner to those comments; and
new text end
new text begin
(viii) links to adopted rules implementing sections 115A.144 to 115A.1462;
new text end
new text begin
(7) provide producer responsibility organizations with information regarding Minnesota
and federal laws that prohibit toxic substances in covered materials;
new text end
new text begin
(8) require and approve independent auditors to perform an annual financial audit of
program operations of each producer responsibility organization; and
new text end
new text begin
(9) consider and respond in writing to all written comments received from the advisory
board.
new text end
Sec. 7.
new text begin
[115A.1446] PRODUCER RESPONSIBILITY ADVISORY BOARD
RESPONSIBILITIES.
new text end
new text begin
The Producer Responsibility Advisory Board must:
new text end
new text begin
(1) convene its initial meeting by March 1, 2025;
new text end
new text begin
(2) consult with the commissioner regarding the scope of the needs assessment and to
provide written comments on needs assessments, according to section 115A.1450, subdivision
2;
new text end
new text begin
(3) advise on the development of stewardship plans and amendments to stewardship
plans under section 115A.1451;
new text end
new text begin
(4) submit comments to producer responsibility organizations and to the commissioner
on any matter relevant to the administration of sections 115A.144 to 115A.1462; and
new text end
new text begin
(5) provide written comments to the commissioner during any rulemaking process
undertaken by the commissioner under section 115A.1459.
new text end
Sec. 8.
new text begin
[115A.1447] PRODUCER RESPONSIBILITY ORGANIZATION
RESPONSIBILITIES.
new text end
new text begin
A producer responsibility organization must:
new text end
new text begin
(1) annually register with the commissioner, according to section 115A.1443;
new text end
new text begin
(2) submit a stewardship plan to the commissioner by March 1, 2028, and every five
years thereafter, according to section 115A.1451;
new text end
new text begin
(3) implement stewardship plans approved by the commissioner under section 115A.1451
and to comply with the requirements of sections 115A.144 to 115A.1462;
new text end
new text begin
(4) forward upon receipt from the commissioner the lists of covered materials that are
recyclable or compostable and exempt materials developed by the commissioner under
section 115A.1453 to all service providers that participate in a stewardship plan administered
by the producer responsibility organization;
new text end
new text begin
(5) collect producer fees according to section 115A.1454;
new text end
new text begin
(6) submit the reports required by section 115A.1456;
new text end
new text begin
(7) ensure that producers operating under a stewardship plan administered by the producer
responsibility organization comply with the requirements of the stewardship plan and with
sections 115A.144 to 115A.1462;
new text end
new text begin
(8) expel a producer from the producer responsibility organization if efforts to return
the producer to compliance with the plan or with the requirements of sections 115A.144 to
115A.1462 are unsuccessful. The producer responsibility organization must notify the
commissioner when a producer has been expelled under this clause;
new text end
new text begin
(9) consider and respond in writing to comments received from the advisory board,
including justifications for not incorporating any recommendations;
new text end
new text begin
(10) provide producers with information regarding state and federal laws that prohibit
substances in covered materials, including sections 115A.965, 116.943, 325F.075, and
325F.172 to 325F.179 and all laws prohibiting toxic substances in covered materials;
new text end
new text begin
(11) maintain a website according to section 115A.1457;
new text end
new text begin
(12) notify the commissioner within 30 days if a change is made to the contact information
for a person responsible for implementing the stewardship plan, a change to the board
members, or a change to the executive director; and
new text end
new text begin
(13) assist service providers in identifying and using responsible markets.
new text end
Sec. 9.
new text begin
[115A.1448] PRODUCER RESPONSIBILITIES.
new text end
new text begin Subdivision 1. new text end
new text begin Registration required; prohibition of sale. new text end
new text begin
(a) After January 1, 2025,
a producer must be a member of a producer responsibility organization registered in this
state.
new text end
new text begin
(b) After January 1, 2029, no producer may introduce covered materials, either separately
or when used to package another product, unless the producer operates under a written
agreement with a producer responsibility organization to operate under an approved
stewardship plan.
new text end
new text begin
(c) After January 1, 2032, no producer may introduce covered materials into the state
unless the covered materials are:
new text end
new text begin
(1) collected under a program in a stewardship plan approved by the commissioner under
section 115A.1451, subdivision 4;
new text end
new text begin
(2) reusable, included in a reuse system that meets the reuse rate and return rate required
under section 115A.1451, subdivision 7, and included in an approved stewardship plan;
new text end
new text begin
(3) capable of waste reduction and are in a system for waste reduction included in an
approved stewardship plan;
new text end
new text begin
(4) included on the list established under section 115A.1453, subdivision 1; or
new text end
new text begin
(5) included on the list established under section 115A.1453, subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
A producer must:
new text end
new text begin
(1) implement the requirements of the stewardship plan under which the producer operates
and to comply with the requirements of sections 115A.144 to 115A.1462; and
new text end
new text begin
(2) pay producer fees according to section 115A.1454.
new text end
Sec. 10.
new text begin
[115A.1449] SERVICE PROVIDER RESPONSIBILITIES.
new text end
new text begin
A service provider participating in an approved stewardship plan must:
new text end
new text begin
(1) provide for the collection and management of covered materials generated in the
state pursuant to contractual agreements with a producer responsibility organization or
arrangements with other service providers that are entered into under an approved stewardship
plan; and
new text end
new text begin
(2) if the service provider is a political subdivision, provide at least a one-year advance
notice to the producer responsibility organization if the political subdivision plans to cease
acting as a service provider.
new text end
Sec. 11.
new text begin
[115A.1450] NEEDS ASSESSMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Needs assessment required. new text end
new text begin
By December 31, 2026, and every five
years thereafter, the commissioner must complete a statewide needs assessment according
to this section.
new text end
new text begin Subd. 2. new text end
new text begin Input from interested parties. new text end
new text begin
In conducting a needs assessment, the
commissioner must:
new text end
new text begin
(1) initiate a consultation process to obtain recommendations from the advisory board,
political subdivisions, service providers, producer responsibility organizations, and other
interested parties regarding the type and scope of information that should be collected and
analyzed in the statewide needs assessment required by this section;
new text end
new text begin
(2) contract with a third party who is not a producer or a producer responsibility
organization to conduct the needs assessment; and
new text end
new text begin
(3) prior to finalizing the needs assessment, make the draft needs assessment available
for comment by the advisory board, producer responsibility organizations, and the public.
The commissioner must respond in writing to the comments and recommendations of the
advisory board and producer responsibility organizations.
new text end
new text begin Subd. 3. new text end
new text begin Content of needs assessment. new text end
new text begin
A needs assessment must include at a minimum:
new text end
new text begin
(1) an evaluation of the performance of:
new text end
new text begin
(i) existing waste reduction, reuse, recycling, and composting efforts for each covered
materials type, as applicable, including collection rates, recycling rates, composting rates,
reuse rates, and return rates for each covered materials type;
new text end
new text begin
(ii) the stewardship plan with respect to the recycling rate, composting rate, reuse rate,
and return rate for all covered materials; and
new text end
new text begin
(iii) the extent to which postconsumer recycled content is incorporated into each covered
materials type, as applicable;
new text end
new text begin
(2) an evaluation of a representative sample of management of covered materials with
mixed municipal solid waste, as source-separated recyclable materials, and as
source-separated compostable materials as received by waste management, recycling, and
composting facilities in the state, and relevant findings from any publicly available waste
stream evaluations conducted within the previous year, to evaluate the amount and portion
of covered materials being disposed of that would otherwise be recyclable or compostable;
new text end
new text begin
(3) proposals for a range of potential performance targets to meet statewide requirements
as applicable to each covered materials type to be accomplished within a five-year time
frame in multiple units of measurement, including but not limited to unit-based, weight-based,
and volume-based, for each of the following:
new text end
new text begin
(i) waste reduction;
new text end
new text begin
(ii) reuse rates and return rates;
new text end
new text begin
(iii) recycling rates;
new text end
new text begin
(iv) composting rates; and
new text end
new text begin
(v) postconsumer recycled content;
new text end
new text begin
(4) an evaluation of the following factors for each covered material collected for recycling
or composting:
new text end
new text begin
(i) current availability of recycling collection services;
new text end
new text begin
(ii) recycling collection and processing infrastructure;
new text end
new text begin
(iii) capacity and technology for sorting covered materials;
new text end
new text begin
(iv) availability of responsible end markets;
new text end
new text begin
(v) the presence and amount of processing residuals, contamination, and toxic substances;
new text end
new text begin
(vi) quantity of material estimated to be available and recoverable;
new text end
new text begin
(vii) projected future conditions for clauses (i) to (vi); and
new text end
new text begin
(viii) other criteria or factors determined by the commissioner;
new text end
new text begin
(5) recommended collection methods, by covered materials type, to maximize collection
efficiency and feedstock quality;
new text end
new text begin
(6) proposed plans and metrics for how to measure progress in achieving performance
targets and statewide requirements;
new text end
new text begin
(7) an evaluation of options for third-party certification of activities to meet obligations
of sections 115A.144 to 115A.1462;
new text end
new text begin
(8) an inventory of the current system, including:
new text end
new text begin
(i) infrastructure, capacity, performance, funding level, and method and sources of
financing for the existing waste reduction, reuse, collection, transportation, processing,
recycling, and composting systems for covered materials operating in the state; and
new text end
new text begin
(ii) availability and cost of waste reduction, reuse, recycling, and composting services
for covered materials at single-family residences, multifamily residences, commercial
facilities, industrial facilities, institutional facilities, and public places, including identification
of disparities in the availability of these services in environmental justice areas compared
with other areas and proposals for reducing or eliminating those disparities;
new text end
new text begin
(9) an evaluation of investments needed to:
new text end
new text begin
(i) increase waste reduction, reuse, recycling, and composting rates of covered materials
in order to achieve performance targets proposed in clause (3);
new text end
new text begin
(ii) maintain or improve operations of existing infrastructure, taking into account the
waste reduction, reuse, recycling, and composting of covered materials;
new text end
new text begin
(iii) expand the availability and accessibility of recycling collection services for recyclable
covered materials to all residents of the state at an equivalent level of service and convenience
as collection services for mixed municipal solid waste; and
new text end
new text begin
(iv) establish and expand the availability and accessibility of reuse services for reusable
covered materials;
new text end
new text begin
(10) proposed formulas reimbursing service providers, based on factors identified in
section 115A.1455, subdivision 4;
new text end
new text begin
(11) an assessment of the viability and robustness of markets for recyclable covered
materials and the degree to which these markets can be considered responsible markets;
new text end
new text begin
(12) an assessment of the level and causes of contamination of source-separated recyclable
materials, source-separated compostable materials and collected reusables, and the impacts
of contamination on service providers, including the cost to manage this contamination;
new text end
new text begin
(13) an assessment of toxic substances intentionally added to covered materials, their
potential environmental impacts and human health impacts, and whether this limits one or
more covered materials types from being used as a marketable feedstock;
new text end
new text begin
(14) an assessment of current best practices to increase public awareness, educate, and
complete outreach activities accounting for culturally responsive materials and methods
and an evaluation of the impact of these practices on:
new text end
new text begin
(i) using product labels as a means of informing consumers about environmentally sound
use and management of covered materials;
new text end
new text begin
(ii) increasing public awareness of how to use and manage covered materials in an
environmentally sound manner and how to access waste reduction, reuse, recycling, and
composting services; and
new text end
new text begin
(iii) encouraging behavior change to increase participation in waste reduction, reuse,
recycling, and composting programs;
new text end
new text begin
(15) an assessment of each covered material's:
new text end
new text begin
(i) generation of hazardous waste and greenhouse gas emissions; and
new text end
new text begin
(ii) impacts on environmental justice and public health;
new text end
new text begin
(16) identification of the covered materials with the most significant environmental
impact; and
new text end
new text begin
(17) other items identified by the commissioner that would aid the creation of the
stewardship plan, its administration, and the enforcement of sections 115A.144 to 115A.1462.
new text end
new text begin Subd. 4. new text end
new text begin Needs assessment as baseline. new text end
new text begin
When determining the extent to which any
statewide requirement or performance target under sections 115A.144 to 115A.1462 has
been achieved, information contained in a needs assessment must serve as the baseline for
that determination, when applicable.
new text end
new text begin Subd. 5. new text end
new text begin Participation required. new text end
new text begin
A service provider or other person with data or
information necessary to complete a needs assessment must provide the data or information
to the commissioner in a timely fashion upon request. A service provider or other person
who does not want to be identified with information submitted to the commissioner under
this subdivision may request to proceed under a nondisclosure agreement. Once a request
is made, the requestor, the commissioner, and all third parties participating in the completion
of the needs assessment in whatever capacity must enter into a nondisclosure agreement.
Once these parties have entered into a nondisclosure agreement, the requestor must submit
the necessary data or information to the contractor selected by the commissioner. The
contractor must aggregate and anonymize the data or information received from all parties
proceeding under a nondisclosure agreement under this subdivision and must then submit
the aggregated anonymized information to the commissioner or to the party or parties
contracted to complete the needs assessment.
new text end
Sec. 12.
new text begin
[115A.1451] STEWARDSHIP PLAN.
new text end
new text begin Subdivision 1. new text end
new text begin Stewardship plan required. new text end
new text begin
By March 1, 2028, and every five years
thereafter, a producer responsibility organization must submit a stewardship plan to the
commissioner that describes the proposed operation by the organization of programs to
fulfill the requirements of sections 115A.144 to 115A.1462 and that incorporates the findings
and results of needs assessments. Once approved, a stewardship plan remains in effect for
five years, as amended, or until a subsequent stewardship plan is approved.
new text end
new text begin Subd. 2. new text end
new text begin Advisory board review of draft plan and amendments. new text end
new text begin
A producer
responsibility organization must submit a draft stewardship plan or draft amendment to the
advisory board at least 60 days before submitting the draft plan or draft amendment to the
commissioner to allow the advisory board to submit comments and must address advisory
board comments and recommendations before submitting the draft plan or draft amendment
to the commissioner.
new text end
new text begin Subd. 3. new text end
new text begin Content of stewardship plans. new text end
new text begin
A proposed stewardship plan must include at
least the following:
new text end
new text begin
(1) performance targets applicable to each covered materials type to be accomplished
within a five-year period, established in subdivision 5, paragraph (a);
new text end
new text begin
(2) a description of the methods of collection to be used for each covered materials type
and how they will meet the statewide requirement established in subdivision 7;
new text end
new text begin
(3) a description of the methods of collection to be used for each covered materials type
managed through a reuse system, including infrastructure, convenience metrics, and
measurement, and how they will meet the statewide requirement established in subdivision
7;
new text end
new text begin
(4) a description of the methods to be used for each covered materials type for waste
reduction, including infrastructure, convenience metrics, and measurement methods for
refill, and how they will meet the statewide requirement established in subdivision 7;
new text end
new text begin
(5) proposals for exemptions from performance targets and statewide requirements for
covered materials that cannot be waste reduced or made reusable, recyclable, or compostable
due to federal or state health and safety requirements. The producer responsibility
organization must identify the specific requirements and the impact of covered materials;
new text end
new text begin
(6) a plan for how the producer responsibility organization will measure recycling, waste
reduction, and reuse according to subdivision 6 and a description of how the organization
will measure composting and inclusion of postconsumer recycled content;
new text end
new text begin
(7) third-party certifications as required by the commissioner or voluntarily undertaken;
new text end
new text begin
(8) a budget and identification of funding needs for each of the five calendar years
covered by the plan, including:
new text end
new text begin
(i) producer fees and a description of the process used to calculate the fees, including
an explanation of how the fees meet the requirements of section 115A.1454; and
new text end
new text begin
(ii) a plan for infrastructure investments, including a description of how the process to
offer and select opportunities will be conducted in an open, competitive, and fair manner;
how it will address gaps in the system not met by service providers; and the financial and
legal instruments to be used;
new text end
new text begin
(9) an explanation of how the program will be fully paid for by producers, without any
fee, charge, surcharge, or other cost to members of the public, businesses, service providers,
the state or any political subdivision, or any other person who is not a producer. For purposes
of this requirement, a deposit made in connection with a product's refill, reuse, or recycling
that can be redeemed by a consumer is not a fee, charge, surcharge, or other cost;
new text end
new text begin
(10) a description of activities to be undertaken during the next five calendar years,
which must at a minimum describe how the producer responsibility organization, acting on
behalf of producers, will:
new text end
new text begin
(i) minimize the environmental impacts and human health impacts of covered materials;
new text end
new text begin
(ii) incorporate as program objectives the improved design of covered materials according
to section 115A.1454, subdivision 1, clause (2);
new text end
new text begin
(iii) expand and increase the convenience of waste reduction, reuse, collection, recycling,
and composting services in conformance with the waste management hierarchy under section
115A.02;
new text end
new text begin
(iv) ensure statewide coverage of collection services for covered materials on the
recyclable or compostable list established under section 115A.1453, subdivision 1, at no
cost to all single-family and multifamily residences and political subdivisions that arrange
for the collection of recyclable materials from public places, at the equivalent level of service
and convenience as collection services for mixed municipal solid waste; and
new text end
new text begin
(v) ensure that postconsumer recycled materials are delivered to responsible markets;
new text end
new text begin
(11) a description of how the program uses and interacts with existing collection, waste
reduction, reuse, recycling, and composting efforts and service providers and how the
producer responsibility organization will reimburse service providers for the cost of:
new text end
new text begin
(i) collecting covered materials generated from all single-family residences, multifamily
residences, and public places in the state; and
new text end
new text begin
(ii) managing covered materials generated from all single-family residences; multifamily
residences; public places; and commercial, industrial, and institutional facilities in the state;
new text end
new text begin
(12) a description of how, for each covered material, the plan will be designed to minimize
environmental impacts;
new text end
new text begin
(13) a description of how the producer responsibility organization will ensure that all
persons engaged in reuse, recycling, composting, and management of mixed municipal solid
waste are made aware of bid opportunities under section 115A.1455;
new text end
new text begin
(14) reimbursement formulas and schedules of reimbursement rates for service providers
that elect to participate in the program and a description of how the formulas and schedules
were developed according to section 115A.1455;
new text end
new text begin
(15) terms and conditions for service agreements, including:
new text end
new text begin
(i) an agreement that the producer responsibility organization will treat nonpublic data
submitted by service providers electing to participate in the program as nonpublic data;
new text end
new text begin
(ii) a requirement that service providers accept all covered materials on the compostable
materials list established by the commissioner under section 115A.1453; and
new text end
new text begin
(iii) performance standards for service providers that include a requirement that service
providers sorting commingled recyclable materials meet minimum material standards and
bale quality standards, minimum capture rates, and maximum processing residual rates and
demonstrate materials have been sent to a responsible market;
new text end
new text begin
(16) a process to resolve disputes that arise between the producer responsibility
organization and a service provider regarding the determination and payment of the
reasonable cost of services provided under an approved stewardship plan;
new text end
new text begin
(17) a description of how the producer responsibility organization will provide technical
assistance to:
new text end
new text begin
(i) service providers in order to deliver covered materials to responsible markets;
new text end
new text begin
(ii) producers regarding toxic substances in covered materials and actions producers can
take to reduce intentionally added toxic substances in covered materials through proof of
testing or an analytical and scientifically demonstrated methodology; and
new text end
new text begin
(iii) producers to make changes in product design that reduce the environmental impact
of covered materials or that increase the recoverability or marketability of covered materials
for reuse, recycling, or composting;
new text end
new text begin
(18) a description of how the producer responsibility organization will increase public
awareness, educate, and complete outreach activities accounting for culturally responsive
materials and methods and evaluate the efficacy of these efforts, including:
new text end
new text begin
(i) assist producers in improving product labels as a means of informing consumers
about refilling, reusing, recycling, composting, and other environmentally sound methods
of managing covered materials;
new text end
new text begin
(ii) increase public awareness of how to use and manage covered materials in an
environmentally sound manner and how to access waste reduction, reuse, recycling, and
composting services; and
new text end
new text begin
(iii) encourage behavior change to increase participation in waste reduction, reuse,
recycling, and composting programs;
new text end
new text begin
(19) a summary of consultations held with the advisory board and other stakeholders to
provide input to the stewardship plan, a list of recommendations that were incorporated into
the stewardship plan as a result, and a list of rejected recommendations and the reasons for
rejection; and
new text end
new text begin
(20) strategies to incorporate findings from any relevant studies required by the
legislature.
new text end
new text begin Subd. 4. new text end
new text begin Plan and amendment review and approval procedure. new text end
new text begin
(a) The commissioner
must review and approve, deny, or request additional information for a draft stewardship
plan or a draft plan amendment no later than 120 days after the date the commissioner
receives it from a producer responsibility organization. The commissioner must post the
draft plan or draft amendment on the agency's website and allow public comment for no
less than 45 days before approving, denying, or requesting additional information on the
draft plan or draft amendment.
new text end
new text begin
(b) If the commissioner denies or requests additional information for a draft plan or draft
amendment, the commissioner must provide the producer responsibility organization with
the reasons, in writing, that the plan or plan amendment does not meet the plan requirements
of subdivision 3. The producer responsibility organization has 60 days from the date that
the rejection or request for additional information is received to submit to the commissioner
any additional information necessary for the approval of the draft plan or draft amendment.
The commissioner must review and approve or disapprove the revised draft plan or draft
amendment no later than 60 days after the date the commissioner receives it.
new text end
new text begin
(c) A producer responsibility organization may resubmit a draft plan or draft amendment
to the commissioner on not more than two occasions. If, after the second resubmission, the
commissioner determines that the draft plan or draft amendment does not meet the plan
requirements of sections 115A.144 to 115A.1462, the commissioner must modify the draft
plan or draft amendment as necessary for it to meet the requirements of sections 115A.144
to 115A.1462 and approve it.
new text end
new text begin
(d) Upon recommendation by the advisory board, or upon the commissioner's own
initiative, the commissioner may require an amendment to a stewardship plan if the
commissioner determines that an amendment is necessary to ensure that the producer
responsibility organization maintains compliance with sections 115A.144 to 115A.1462.
new text end
new text begin Subd. 5. new text end
new text begin Performance targets. new text end
new text begin
(a) The producer responsibility organization must propose
performance targets based on the needs assessment that meet the statewide requirements in
subdivision 7 that must be included in a stewardship plan approved under this section.
Performance targets must include targets for reuse rates, return rates, recycling rates,
composting rates, and postconsumer recycled content by covered materials type that are to
be achieved by the end of the stewardship plan's term. The producer responsibility
organization must select the unit that is most appropriate to measure each performance
target as informed by the needs assessment.
new text end
new text begin
(b) The commissioner may require that a producer responsibility organization obtain
third-party certification of any activity or achievement of any standard required by sections
115A.144 to 115A.1462. The commissioner must provide a producer responsibility
organization with notice of at least one year prior to requiring use of third-party certification
under this paragraph.
new text end
new text begin
(c) The performance targets proposed under this subdivision must demonstrate continuous
improvement in reducing the environmental and human health impacts of covered materials
over time.
new text end
new text begin Subd. 6. new text end
new text begin Measurement criteria for performance targets. new text end
new text begin
(a) For purposes of
determining whether recycling performance targets are being met, except as modified by
the commissioner, a stewardship plan must stipulate that the amount of recycled material
must be measured at the point at which material leaves a recycling facility and must account
for:
new text end
new text begin
(1) levels of estimated contamination documented by the facility;
new text end
new text begin
(2) any exclusions for fuel or energy capture; and
new text end
new text begin
(3) compliance with sections 115A.965, 116.943, 325F.075, and 325F.172 to 325F.179
and all other laws pertaining to toxic substances in covered materials.
new text end
new text begin
(b) For purposes of determining whether waste reduction performance targets are being
met, a stewardship plan must ensure that the amount of waste reduction of covered materials
is measured in a manner that can determine the extent to which the amount of material used
for a covered material is eliminated beyond what is necessary to efficiently deliver a product
without damage or spoilage or other means of covered material redesign to reduce overall
use and environmental impacts.
new text end
new text begin
(c) For purposes of determining whether reuse targets are being met, a stewardship plan
must provide for the measurement of the amount of reusable covered materials to be at the
point at which reusable covered materials meet the following criteria as demonstrated by
the producer and approved by the commissioner:
new text end
new text begin
(1) whether the average minimum number of cycles of reuses within a recognized reuse
system has been met based on the number of times an item must be reused for it to have
lower environmental impacts than the single-use version of the item; and
new text end
new text begin
(2) whether the demonstrated or research-based anticipated return rate of the covered
material to the reuse system has been met.
new text end
new text begin
(d) For other targets, the producer responsibility organization must propose a calculation
point for review and approval as part of the stewardship plan based on findings from the
needs assessment.
new text end
new text begin Subd. 7. new text end
new text begin Statewide requirements. new text end
new text begin
(a) The producer responsibility organization must
ensure the following requirements are met collectively by its members by the end of the
year indicated:
new text end
new text begin
(1) by 2033:
new text end
new text begin
(i) the combined recycling rate and composting rate must be no less than 65 percent of
covered materials by weight sold or distributed;
new text end
new text begin
(ii) the reuse rate is ten percent of the number of units of packaging sold or distributed
into the state, with a return rate of no less than 90 percent;
new text end
new text begin
(iii) the weight of covered materials introduced must be waste reduced by 15 percent,
compared to levels identified in the initial needs assessment; and
new text end
new text begin
(iv) all covered materials introduced must contain at least ten percent postconsumer
recycled content, with all covered materials containing an overall average of at least 30
percent, as applicable, excluding compostable materials that cannot include postconsumer
recycled content because of unique chemical or physical properties or health and safety
requirements that prohibit introduction of postconsumer recycled content; and
new text end
new text begin
(2) by 2038:
new text end
new text begin
(i) the combined recycling rate and composting rate must be no less than 75 percent of
covered materials by weight sold or distributed into the state;
new text end
new text begin
(ii) the reuse rate is 20 percent of the number of units of packaging sold or distributed
into the state, with a return rate of no less than 95 percent;
new text end
new text begin
(iii) the weight of covered materials introduced must be waste reduced by 25 percent,
compared to levels identified in the initial needs estimate; and
new text end
new text begin
(iv) all covered materials introduced must contain at least 30 percent postconsumer
recycled content, with all covered products containing an overall average of at least 50
percent, as applicable, excluding compostable materials that cannot include postconsumer
recycled content because of unique chemical or physical properties or health and safety
requirements that prohibit introduction of postconsumer recycled content.
new text end
new text begin
(b) The commissioner may adjust any requirement established in paragraph (a) by no
more than five percent after submitting the proposed adjustment to the advisory board and
considering the board's recommendations before making the adjustment.
new text end
new text begin
(c) After 2038, the commissioner may establish additional statewide requirements for:
new text end
new text begin
(1) the amount of covered materials that must be recycled or composted;
new text end
new text begin
(2) the number of units of packaging sold or distributed into the state that must be reusable
and the return rate that must be met when returned to an established reuse system;
new text end
new text begin
(3) the weight of covered materials introduced that must be waste reduced; and
new text end
new text begin
(4) the percent of postconsumer recycled content that must be used in covered materials
introduced.
new text end
new text begin
The statewide requirements established under this paragraph must not be less than those
listed in paragraph (a), clause (2).
new text end
Sec. 13.
new text begin
[115A.1453] RECYCLABLE OR COMPOSTABLE COVERED
MATERIALS LISTS; EXEMPT MATERIALS LIST.
new text end
new text begin Subdivision 1. new text end
new text begin List required. new text end
new text begin
By March 1, 2027, the commissioner must complete a
list of covered materials determined to be recyclable or compostable statewide through
systems where covered materials are commingled into a recyclables stream and a separate
compostables stream. These covered materials must be collected at the equivalent level of
service and convenience as collection services for mixed municipal solid waste.
new text end
new text begin Subd. 2. new text end
new text begin Alternative collection list required. new text end
new text begin
By March 1, 2027, the commissioner
must complete a list of covered materials determined to be recyclable or compostable and
collected statewide through systems other than the system required for covered materials
on the list established in subdivision 1.
new text end
new text begin Subd. 3. new text end
new text begin Input from interested parties. new text end
new text begin
The commissioner must consult with the
advisory board, producer responsibility organizations, service providers, political
subdivisions, and other interested parties to develop or amend the recyclable or compostable
covered materials lists.
new text end
new text begin Subd. 4. new text end
new text begin Criteria. new text end
new text begin
In developing the lists under subdivisions 1 and 2, the commissioner
may consider the following criteria:
new text end
new text begin
(1) current availability of recycling collection services;
new text end
new text begin
(2) recycling collection and processing infrastructure;
new text end
new text begin
(3) capacity and technology for sorting covered materials;
new text end
new text begin
(4) availability of responsible end markets;
new text end
new text begin
(5) presence and amount of processing residuals, contamination, and toxic substances;
new text end
new text begin
(6) quantity of material estimated to be available and recoverable;
new text end
new text begin
(7) projected future conditions for clauses (1) to (6);
new text end
new text begin
(8) if collected for recycling, the covered material type and form must be one that is
regularly sorted and aggregated into defined streams for recycling processes or the packaging
format must be specified in a relevant Institution of Scrap Recycling Industries specification;
and
new text end
new text begin
(9) other criteria or factors determined by the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Collection requirements. new text end
new text begin
(a) A producer responsibility organization must
collect covered materials included in a list established under subdivision 1, on a statewide
basis, as follows:
new text end
new text begin
(1) for residents that have curbside mixed municipal solid waste collection, provide
collection of covered materials at the same frequency and on the same day as mixed
municipal solid waste collection;
new text end
new text begin
(2) provide collection of covered materials at each recycling or mixed municipal solid
waste drop-off site that is open to the public, including but not limited to canister sites,
transfer stations, and disposal facilities;
new text end
new text begin
(3) provide a durable container dedicated to the collection of covered materials to every
residential unit served according to this paragraph; and
new text end
new text begin
(4) in addition to the requirements of clauses (1) to (3), the producer responsibility
organization may collect or contract for the collection of covered materials from the public
by other means, including but not limited to other drop off locations or mobile collections.
new text end
new text begin
(b) A producer responsibility organization must collect covered materials included in a
list established under subdivision 2, on a statewide basis, as follows:
new text end
new text begin
(1) the producer responsibility organization must provide:
new text end
new text begin
(i) for each county with a population of 10,000 or less, at least two permanent drop-off
collection sites;
new text end
new text begin
(ii) for each county with a population greater than 10,000 but less than or equal to
100,000, at least two permanent drop-off collection sites and at least one additional permanent
drop-off collection site for each additional 10,000 in population above a population of
10,000;
new text end
new text begin
(iii) for each county with a population greater than 100,000, at least 11 permanent
drop-off collection sites and at least one additional permanent year-round drop-off collection
site for each additional 50,000 in population above a population of 100,000; and
new text end
new text begin
(iv) a permanent drop-off collection site located within ten miles of at least 95 percent
of state residents;
new text end
new text begin
(2) the producer responsibility organization may propose an alternative to the
requirements of paragraph (b), clause (1), as part of a stewardship plan if the producer
responsibility organization demonstrates that the alternative will provide an equivalent or
greater level of service and convenience; and
new text end
new text begin
(3) the producer responsibility organization may use the following additional collection
methods:
new text end
new text begin
(i) curbside collection of source-separated covered materials;
new text end
new text begin
(ii) curbside collection that is less frequent than collection of mixed municipal solid
waste;
new text end
new text begin
(iii) mobile collection;
new text end
new text begin
(iv) collection events;
new text end
new text begin
(v) custom collection programs based on the use and generation of the covered material
being managed in a custom program; and
new text end
new text begin
(vi) collection in the same manner provided for the covered materials in the list under
subdivision 1.
new text end
new text begin Subd. 6. new text end
new text begin Exempt materials list. new text end
new text begin
(a) A producer may request the commissioner, on a
form prescribed by the commissioner, to classify as an exempt material one or more types
of packaging. The commissioner must submit the request to the advisory board for review
and comment before approving or denying the request.
new text end
new text begin
(b) The commissioner may approve the request only if the commissioner determines
that a specific federal or state health and safety requirement prevents the packaging from
being waste reduced or made reusable, recyclable, or compostable.
new text end
new text begin
(c) The commissioner must review and approve, deny, or request additional information
for a request for classification of packaging as an exempt material no later than 120 days
after the date the commissioner receives the request from a producer.
new text end
new text begin
(d) The commissioner must post on the agency website a list of materials exempted
under this subdivision.
new text end
new text begin
(e) An exemption granted under this section is valid for two years, after which a producer
must reapply according to this subdivision.
new text end
new text begin Subd. 7. new text end
new text begin Amendment. new text end
new text begin
The commissioner may amend a list completed under this section
at any time and must provide amended lists to producer responsibility organizations as soon
as possible after adopting an amendment. Producer responsibility organizations must provide
amended lists to service providers as soon as possible after receiving the amendment and
incorporate changes in relevant service provider agreements and operations within a year.
new text end
Sec. 14.
new text begin
[115A.1454] PRODUCER FEES.
new text end
new text begin Subdivision 1. new text end
new text begin Annual fee. new text end
new text begin
A producer responsibility organization must annually collect
a fee from each producer that must:
new text end
new text begin
(1) be based on the total amount of covered materials each producer introduces in the
prior year calculated on a per-unit basis, such as per ton, per item, or another unit of
measurement;
new text end
new text begin
(2) incentivize using materials and design attributes that reduce the environmental impacts
and human health impacts, as determined by the commissioner, of covered materials by the
following methods:
new text end
new text begin
(i) eliminating intentionally added toxic substances in covered materials;
new text end
new text begin
(ii) reducing the amount of packaging per individual covered material that is necessary
to efficiently deliver a product without damage or spoilage without reducing its ability to
be recycled or reducing the amount of paper used to manufacture individual paper products;
new text end
new text begin
(iii) increasing covered materials managed in a reuse system;
new text end
new text begin
(iv) increasing the proportion of postconsumer material in covered materials;
new text end
new text begin
(v) enhancing recyclability or compostability of a covered material; and
new text end
new text begin
(vi) increasing the amount of inputs derived from renewable and sustainable sources;
new text end
new text begin
(3) discourage using materials and design attributes in a producer's covered materials
whose environmental impacts and human health impacts, as determined by the commissioner,
can be reduced by the methods listed under clause (2);
new text end
new text begin
(4) prioritize reuse by charging covered materials that are managed through a reuse
system only once, upon initial entry into the marketplace, and by applying the lowest fee
to these covered materials; and
new text end
new text begin
(5) generate revenue sufficient to pay in full:
new text end
new text begin
(i) the annual registration fee required under section 115A.1443;
new text end
new text begin
(ii) financial obligations to complete activities described in an approved stewardship
plan and to reimburse service providers under agreements in section 115A.1455;
new text end
new text begin
(iii) the operating costs of the producer responsibility organization; and
new text end
new text begin
(iv) for the establishment and maintenance of a financial reserve that is sufficient to
operate the program in a fiscally prudent and responsible manner.
new text end
new text begin Subd. 2. new text end
new text begin Overcollections. new text end
new text begin
Revenue collected under this section that exceeds the amount
needed to pay the costs described in subdivision 1, clause (5), must be used to improve or
enhance program outcomes or to reduce producer fees according to provisions of an approved
stewardship plan.
new text end
new text begin Subd. 3. new text end
new text begin Prohibited conduct. new text end
new text begin
Fees collected under this section may not be used for
lobbying, as defined in section 3.084, subdivision 1.
new text end
Sec. 15.
new text begin
[115A.1455] SERVICE PROVIDER AGREEMENTS; REIMBURSEMENT
RATES.
new text end
new text begin Subdivision 1. new text end
new text begin Service provider agreements and reimbursement required. new text end
new text begin
The terms
and conditions of the provision of waste reduction, reuse, collection, recycling, or composting
services under an approved stewardship plan must be established under a service agreement
between a producer responsibility organization and a service provider. In addition to the
terms and conditions established in an approved stewardship plan, each agreement must:
new text end
new text begin
(1) establish strong labor standards and work safety practices, including but not limited
to safety programs, health benefits, and living wages;
new text end
new text begin
(2) require the service provider to meet established performance standards;
new text end
new text begin
(3) prohibit the service provider from charging a fee to any person for the services
provided under the service agreement; and
new text end
new text begin
(4) establish clear and reasonable timelines for reimbursement that are no less than
monthly.
new text end
new text begin Subd. 2. new text end
new text begin Collection of recyclables. new text end
new text begin
If a household does not have access to collection
services at the equivalent level of service and convenience as collection services for mixed
municipal solid waste for covered materials on a list established under section 115A.1453,
subdivision 1, the producer responsibility organization must ensure that collection service
is available to the household through a service provider.
new text end
new text begin Subd. 3. new text end
new text begin Bidding processes. new text end
new text begin
(a) For procurement of services for management of covered
materials and for infrastructure investments included under an approved stewardship plan,
a producer responsibility organization must use the competitive bidding processes established
in section 16C.28, subdivision 1, and publicly post bid opportunities when entering into
agreements with service providers that are not political subdivisions, except that preference
must be given to existing facilities, providers of services, and accounts in the state for waste
reduction, reuse, collection, recycling, and composting of covered materials.
new text end
new text begin
(b) No producer or producer responsibility organization may own or partially own
infrastructure unless, after a bidding process described in paragraph (a), no service provider
bids on the contract, in which case the producer responsibility organization may make
infrastructure investments identified under an approved stewardship plan to implement the
requirements in sections 115A.144 to 115A.1462.
new text end
new text begin Subd. 4. new text end
new text begin Reimbursement rates. new text end
new text begin
(a) Each service agreement must include reimbursement
rates for services that are based on formulas that:
new text end
new text begin
(1) incorporate relevant cost information identified by the needs assessment;
new text end
new text begin
(2) reflect conditions that affect waste reduction, reuse, collection, recycling, and
composting costs in the region or jurisdiction in which the services are provided, including
but not limited to:
new text end
new text begin
(i) the number and size of households;
new text end
new text begin
(ii) population density;
new text end
new text begin
(iii) collections methods employed;
new text end
new text begin
(iv) distance to consolidation or transfer facilities, reuse, recycling, or composting
facilities, or to responsible markets; and
new text end
new text begin
(v) other factors that may contribute to regional or jurisdictional cost differences;
new text end
new text begin
(3) reflect administrative costs of service providers, including education, public awareness
campaigns, and outreach program costs as applicable;
new text end
new text begin
(4) reflect planned capital improvements to facilities and equipment costs;
new text end
new text begin
(5) reflect the cost of managing contamination present in source-separated recyclable
materials and source-separated compostable materials, including disposal of contamination
and residuals;
new text end
new text begin
(6) reflect the proportion of covered compostable materials within all source-separated
compostable materials collected or managed through composting; and
new text end
new text begin
(7) reflect the cost of managing contamination and cleaning or sanitation needed for
reuse systems.
new text end
new text begin
(b) Each service agreement with a service provider that is also a political subdivision
must include reimbursement rates that use a rate established in a contract between a political
subdivision and one or more service providers in place of paragraph (a), clauses (1) and
(2).
new text end
new text begin Subd. 5. new text end
new text begin Local government authority. new text end
new text begin
(a) Nothing in sections 115A.144 to 115A.1462
shall be construed to require a political subdivision to agree to operate under a stewardship
plan or enter into a service agreement with a producer responsibility organization.
new text end
new text begin
(b) Nothing in sections 115A.144 to 115A.1462 restricts the authority of a political
subdivision to provide waste management services to residents, to contract with any entity
to provide waste management services, or to exercise its authority granted under section
115A.94. A producer responsibility organization may not conduct activities that would
conflict, compete, or otherwise interfere with a political subdivision exercising its authority
under section 115A.94 to organize collection of solid waste, including materials collected
for recycling or composting, or to extend, renew, or otherwise manage any contracts entered
into as a result of exercising such authority or otherwise resulting from a competitive
procurement process.
new text end
new text begin Subd. 6. new text end
new text begin Dispute. new text end
new text begin
There must be a dispute resolution process using third-party mediators
to resolve disputes related to reimbursements and service agreements.
new text end
Sec. 16.
new text begin
[115A.1456] REPORTING.
new text end
new text begin Subdivision 1. new text end
new text begin Producer responsibility organization annual report. new text end
new text begin
(a) By July 1,
2031, and each May 1 thereafter, a producer responsibility organization must submit a
written report to the commissioner that contains, at a minimum, the following information
for the previous calendar year:
new text end
new text begin
(1) the amount of covered materials introduced by each covered materials type, reported
in the same units used to establish fees under section 115A.1454, subdivision 1, clause (1);
new text end
new text begin
(2) progress toward the performance targets reported in the same units used to establish
producer fees under section 115A.1454, subdivision 1, clause (1), and reported statewide
and for each county, including:
new text end
new text begin
(i) the amount of covered materials successfully waste reduced, reused, recycled, and
composted by covered materials type and the strategies or collection method used; and
new text end
new text begin
(ii) information about third-party certifications obtained;
new text end
new text begin
(3) the total cost to implement the program and a detailed description of program
expenditures, including:
new text end
new text begin
(i) the total amount of producer fees collected in the current calendar year; and
new text end
new text begin
(ii) a description of infrastructure investments made during the previous year;
new text end
new text begin
(4) a copy of a financial audit of program operations conducted by an independent auditor
approved by the commissioner;
new text end
new text begin
(5) a description of program performance problems that emerged in specific locations
and efforts taken or proposed by the producer responsibility organization to address them;
new text end
new text begin
(6) a discussion of technical assistance provided to producers regarding toxic substances
in covered materials and actions taken by producers to reduce intentionally added toxic
substances in covered materials beyond compliance with prohibitions already established
in law through proof of testing or an analytical and scientifically demonstrated methodology;
new text end
new text begin
(7) a description of public awareness, education, and outreach activities undertaken,
including any evaluations conducted of their efficacy, plans for next calendar year's activities,
and an evaluation of the process established by the producer responsibility organization to
answer questions from consumers regarding collection, recycling, composting, waste
reduction, and reuse activities;
new text end
new text begin
(8) a summary of consultations held with the advisory board and how any feedback was
incorporated into the report as a result of the consultations, together with a list of rejected
recommendations and the reasons for rejection;
new text end
new text begin
(9) a list of any producers found to be out of compliance with sections 115A.144 to
115A.1462, and actions taken by the producer responsibility organization to return the
producer to compliance, and notification of any producers that are no longer participating
in the producer responsibility organization or have been expelled due to their lack of
compliance;
new text end
new text begin
(10) any proposed amendments to the stewardship plan to improve program performance
or reduce costs, including changes to producer fees, infrastructure investments, or
reimbursement formula and rates; and
new text end
new text begin
(11) any information requested by the commissioner to assist with determining
compliance with sections 115A.144 to 115A.1462.
new text end
new text begin
(b) Every fourth year after a stewardship plan is approved by the commissioner, a
performance audit of the program must be completed. The performance audit must conform
to audit standards established by the United States Government Accountability Office; the
National Association of State Auditors, Comptrollers, and Treasurers; or another nationally
recognized organization approved by the commissioner.
new text end
new text begin Subd. 2. new text end
new text begin Report following unmet target. new text end
new text begin
A producer responsibility organization that
fails to meet a performance target approved in a stewardship plan must, within 90 days of
filing an annual report under this section, file with the commissioner an explanation of the
factors contributing to the failure and propose an amendment to the stewardship plan
specifying changes in operations that the producer responsibility organization will make
that are designed to achieve the following year's targets. An amendment filed under this
subdivision must be reviewed by the advisory board and reviewed and approved by the
commissioner in the manner specified in section 115A.1451, subdivisions 2 and 4.
new text end
new text begin Subd. 3. new text end
new text begin Commissioner's report. new text end
new text begin
By October 15, 2034, and every five years thereafter,
the commissioner must submit a report to the governor and to the chairs and ranking minority
members of the legislative committees with jurisdiction over solid waste. The report must
contain a summary of the operations of the Packaging Waste and Cost Reduction Act during
the previous five years, a summary of the needs assessment, a link to reports filed under
subdivisions 1 and 2, recommendations for policy, statutory, or regulatory changes to the
program, a list of efforts undertaken by the commissioner to enforce and secure compliance
with sections 115A.144 to 115A.1462, and any other information the commissioner deems
to be relevant.
new text end
new text begin Subd. 4. new text end
new text begin Duty to cooperate. new text end
new text begin
Service providers must provide producer responsibility
organizations with data necessary to complete the reports required by this section upon
request.
new text end
Sec. 17.
new text begin
[115A.1457] PRODUCER RESPONSIBILITY ORGANIZATION
WEBSITES.
new text end
new text begin
A producer responsibility organization must maintain a website that uses best practices
for accessibility that contains, at a minimum:
new text end
new text begin
(1) information regarding a process that members of the public can use to contact the
producer responsibility organization with questions;
new text end
new text begin
(2) a directory of all service providers operating under the stewardship plan administered
by the producer responsibility organization, grouped by location or political subdivision,
and information about how to request service;
new text end
new text begin
(3) registration materials submitted to the commissioner under section 115A.1443;
new text end
new text begin
(4) the draft and approved stewardship plan and any draft and approved amendments;
new text end
new text begin
(5) information on how to manage covered materials included on the lists established
by the commissioner under section 115A.1453;
new text end
new text begin
(6) information on reuse systems and waste reduction systems operating according to
sections 115A.144 to 115A.1462;
new text end
new text begin
(7) the most recent list of exempt materials approved by the commissioner under section
115A.1453;
new text end
new text begin
(8) the most recent needs assessment and all past needs assessments;
new text end
new text begin
(9) annual reports filed by the producer responsibility organization;
new text end
new text begin
(10) a link to administrative rules implementing sections 115A.144 to 115A.1462;
new text end
new text begin
(11) comments of the advisory board on the documents listed in clauses (4) and (8), and
the responses of the producer responsibility organization to those comments;
new text end
new text begin
(12) the names of producers and brands that are not in compliance with section
115A.1448;
new text end
new text begin
(13) a list, that is updated at least monthly, of all member producers that will operate
under the stewardship plan administered by the producer responsibility organization and,
for each producer, a list of all brands of the producer's covered materials introduced in the
state; and
new text end
new text begin
(14) education materials on waste reduction, reuse, recycling, and composting for
producers and the general public.
new text end
Sec. 18.
new text begin
[115A.1458] ANTICOMPETITIVE CONDUCT.
new text end
new text begin
A producer responsibility organization that arranges collection, recycling, composting,
waste reduction, or reuse services under sections 115A.144 to 115A.1462 may engage in
anticompetitive conduct to the extent necessary to plan and implement collection, recycling,
composting, waste reduction, or reuse systems to meet the obligations under sections
115A.144 to 115A.1462, and is immune from liability under state laws relating to antitrust,
restraint of trade, and unfair trade practices.
new text end
Sec. 19.
new text begin
[115A.1459] RULEMAKING.
new text end
new text begin
The commissioner may adopt rules to implement sections 115A.144 to 115A.1462. The
18-month time limit under section 14.125 does not apply to the commissioner's rulemaking
authority under this section.
new text end
Sec. 20.
new text begin
[115A.1460] PROVIDING INFORMATION.
new text end
new text begin
Upon request of the commissioner for purposes of determining compliance with sections
115A.144 to 115A.1462, or for purposes of implementing sections 115A.144 to 115A.1462,
a person must furnish to the commissioner any information that the person has or may
reasonably obtain.
new text end
Sec. 21.
new text begin
[115A.1461] DEPOSIT RETURN SYSTEM.
new text end
new text begin
It is the intent of the legislature that if a bottle deposit return system is enacted in the
future, it will be harmonized with sections 115A.144 to 115A.1462 in a manner that ensures
that:
new text end
new text begin
(1) materials covered in that system are exempt from sections 115A.144 to 115A.1462
or related financial obligations are reduced;
new text end
new text begin
(2) colocation of drop-off facilities and alternative collection sites is maximized;
new text end
new text begin
(3) education and outreach is integrated between the two programs; and
new text end
new text begin
(4) waste reduction and reuse strategies are prioritized between the two programs.
new text end
Sec. 22.
new text begin
[115A.1462] ENFORCEMENT.
new text end
new text begin
(a) The commissioner must enforce sections 115A.144 to 115A.1462 as provided under
this section and sections 115.071 and 116.072. The commissioner may revoke a registration
of a producer responsibility organization or producer found to have violated sections
115A.144 to 115A.1462.
new text end
new text begin
(b) Notwithstanding the penalty limits contained in section 115.071, subdivision 3, and
except as otherwise provided in paragraph (c), a person that violates or fails to perform a
duty imposed by sections 115A.144 to 115A.1462 or any rule adopted thereunder is liable
for a civil penalty not to exceed $25,000 per day of violation.
new text end
new text begin
(c) Notwithstanding the penalty limits contained in section 115.071, subdivision 3, a
producer responsibility organization or producer that violates a provision of or fails to
perform a duty imposed by sections 115A.144 to 115A.1462, a rule adopted thereunder, or
requirements of a stewardship plan approved by the commissioner, is liable for a civil
penalty not to exceed $25,000 per day of violation. For a second violation occurring within
five years after the approval of a stewardship plan, a producer responsibility organization
or producer is liable for a civil penalty not to exceed $50,000 per day of violation. For a
third or subsequent violation occurring within five years after the approval of a stewardship
plan, a producer responsibility organization or producer is liable for a civil penalty not to
exceed $100,000 per day of violation.
new text end
Sec. 23. new text begin WORKPLACE CONDITIONS AND EQUITY STUDY.
new text end
new text begin
(a) By January 1, 2032, the commissioner of the Pollution Control Agency must contract
with a third party that is not a producer or a producer responsibility organization to conduct
a study of the recycling, composting, and reuse facilities operating in the state. The study
must analyze, at a minimum, information about:
new text end
new text begin
(1) working conditions, wage and benefit levels, and employment levels of minorities
and women at those facilities;
new text end
new text begin
(2) barriers to ownership of recycling, composting, and reuse operations faced by women
and minorities;
new text end
new text begin
(3) the degree to which residents of multifamily buildings have less convenient access
to recycling, composting, and reuse opportunities than those living in single-family homes;
new text end
new text begin
(4) the degree to which environmental justice areas have access to fewer recycling,
composting, and reuse opportunities compared to other parts of the state;
new text end
new text begin
(5) the degree to which programs to increase access, convenience, and education are
successful in raising reuse, recycling, and composting rates in areas where participation in
these activities is low;
new text end
new text begin
(6) strategies to increase participation in reuse, recycling, and composting; and
new text end
new text begin
(7) the degree to which residents and workers in environmental justice areas are impacted
by emissions, toxic substances, and other pollutants from solid waste facilities in comparison
to other areas of the state and provide recommendations to mitigate those impacts.
new text end
new text begin
(b) The initial producer responsibility organization registered by the commissioner under
Minnesota Statutes, sections 115A.144 to 115A.1462, must cover the cost of conducting
the study through its annual registration fee and recommended actions identified in the study
must be considered as part of future stewardship plans as required under Minnesota Statutes,
section 115A.1451, including adjustments to service provider agreements and reimbursements
as established under Minnesota Statutes, section 115A.1455.
new text end
Sec. 24. new text begin COVERED MATERIALS POLLUTION AND CLEANUP STUDY.
new text end
new text begin
(a) By January 1, 2032, the commissioner of the Pollution Control Agency, in consultation
with the commissioners of health and natural resources, must contract with a third party
that is not a producer or a producer responsibility organization to conduct a study to identify
the contribution of covered products to litter and water pollution in Minnesota. The report
must at a minimum:
new text end
new text begin
(1) analyze historical and current environmental and human health impacts of littered
covered materials and their associated toxic substances in the environment;
new text end
new text begin
(2) estimate the cost of cleanup and prevention; and
new text end
new text begin
(3) provide recommendations for how to reduce and mitigate the impacts of litter in the
state.
new text end
new text begin
(b) The contracted third party must consult with units of local government, the
commissioners of health and natural resources, and environmental justice organizations.
new text end
new text begin
(c) The initial producer responsibility organization registered by the commissioner under
Minnesota Statutes, sections 115A.144 to 115A.1462, must cover the cost of conducting
the study through its annual registration fee and recommended actions identified in the study
must be considered as part of future stewardship plans, as required under Minnesota Statutes,
section 115A.1451.
new text end
ARTICLE 6
FERAL SWINE AND FUR FARMS
Section 1.
Minnesota Statutes 2023 Supplement, section 17.457, as amended by Laws
2024, chapter 85, section 8, is amended to read:
17.457 RESTRICTED SPECIES.
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Commissioner" means the commissioner of agriculture or the commissioner's
designee.
new text begin
(c) "Domestic hogs" means members of the subspecies Sus scrofa domesticus.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end "Restricted species" means deleted text begin Eurasian wild pigs and their hybrids (Sus scrofa
subspecies and Sus scrofa hybrids)deleted text end new text begin pigs, boars, peccaries, and all other members of the
Suidae family and the Tayassuidae familynew text end , excluding domestic hogs deleted text begin (S. scrofa domesticus)deleted text end .
deleted text begin (d)deleted text end new text begin (e)new text end "Release" means an intentional introduction or new text begin persistent new text end accidental escape of a
new text begin restricted new text end speciesnew text begin or domestic hognew text end from the control of the owner or responsible party.new text begin Release
does not mean an accidental escape of restricted species or domestic hogs due to a
transportation accident or an act of God.
new text end
Subd. 2.
deleted text begin Importation; possession; release ofdeleted text end Restricted speciesnew text begin permit requirednew text end .
It
is unlawful for a person to import, possess, propagate, new text begin or new text end transportdeleted text begin , or releasedeleted text end new text begin anew text end restricted
species, unless the person has a permit as described in subdivision 3.
new text begin Subd. 2a. new text end
new text begin Release of restricted species or domestic hogs prohibited. new text end
new text begin
(a) It is unlawful
for a person to release restricted species or domestic hogs.
new text end
new text begin
(b) In addition to the penalties in subdivision 6, a person who violates paragraph (a)
must do the following at the person's expense and by the date and time specified by the
commissioner:
new text end
new text begin
(1) register their premises with the Board of Animal Health;
new text end
new text begin
(2) implement the confinement standards and record-keeping requirements developed
by the Board of Animal Health; and
new text end
new text begin
(3) reimburse the commissioner for costs incurred to annually inspect the registered
premises and verify compliance with clause (2).
new text end
Subd. 3.
Permits.
The commissioner may issue permits for the transportation, possession,
purchase, or importation of restricted species new text begin only new text end for scientific, research, new text begin or new text end educationaldeleted text begin ,
or commercialdeleted text end purposes. A permit issued under this subdivision may be revoked by the
commissioner if the conditions of the permit are not met by the permittee or for any unlawful
act or omission, including accidental escapes.
Subd. 4.
Notice of release of restricted speciesnew text begin or domestic hogsnew text end .
In the event of a
release of a restricted speciesnew text begin or domestic hognew text end , the owner must notify within 24 hours a
conservation officer and the Board of Animal Health and is responsible for the recovery of
the species. deleted text begin The commissioner may capture or destroy the released animal at the owner's
expense.deleted text end new text begin If the owner does not provide notification or fails to recover the animal within 72
hours of providing notification, the released animal is considered feral swine under section
97A.56, is no longer the personal property of the owner, and may be captured or destroyed
at the former owner's expense by a peace officer or by the commissioner of natural resources
under section 97A.045, subdivision 1, paragraph (b), or other authority.
new text end
Subd. 5.
Enforcement.
new text begin (a) new text end This section may be enforced by new text begin a peace officer, new text end an
enforcement officer under sections 97A.205 and 97A.211new text begin ,new text end andnew text begin , except as provided in
paragraph (b),new text end by the commissioner under sections 17.982 to 17.983.
new text begin
(b) For the first violation of this section, the commissioner may impose an administrative
penalty of no more than $1,000. For a second violation, the commissioner may impose an
administrative penalty of no more than $1,500. For a third or succeeding violation, the
commissioner may impose an administrative penalty of no more than $3,000 for each
violation.
new text end
Subd. 6.
deleted text begin Penaltydeleted text end new text begin Penaltiesnew text end .
new text begin (a) new text end A person who violates subdivision 2, new text begin 2a, new text end 4, or 7 is guilty
of a misdemeanor.
new text begin
(b) A person who violates subdivision 2a, paragraph (a), is liable to the state for costs
associated with a release. The attorney general may enforce this paragraph on behalf of any
state agency affected.
new text end
Subd. 7.
Identification requirements.
A restricted species in the possession of a person
must be marked in a permanent fashion to identify ownership. The restricted species must
be marked as soon as practicable after birth or purchase.
Subd. 8.
Containment.
The commissioner, in consultation with the commissioner of
natural resources, shall develop criteria for approved containment measures for restricted
species.
Subd. 9.
Bond; security.
A person who possesses restricted species must provide proof
of insurance or file a security bond with the commissioner in an amount determined by the
commissioner to pay for the potential costs and damages that would be caused by the release
of a restricted species.
Subd. 10.
Fee.
The commissioner may impose a fee for permits in an amount sufficient
to cover the costs of issuing the permits and for facility inspections. The fee may not exceed
$50. Fee receipts must be deposited in the general fund.
Sec. 2.
Minnesota Statutes 2022, section 97A.105, is amended to read:
97A.105 GAME deleted text begin AND FURdeleted text end FARMS.
Subdivision 1.
License requirements.
(a) A person may breed and propagate deleted text begin fur-bearing
animals,deleted text end game birds, bear, or mute swans only on privately owned or leased land and after
obtaining a license. Any of the permitted animals on a game farm may be sold to other
licensed game farms. "Privately owned or leased land" includes waters that are shallow or
marshy, are not actually navigable, and are not of substantial beneficial public use. Before
an application for a license is considered, the applicant must enclose the area to sufficiently
confine the animals to be raised in a manner approved by the commissioner. A license may
be granted only if the commissioner finds the application is made in good faith with intention
to actually carry on the business described in the application and the commissioner determines
that the facilities are adequate for the business.
(b) A person may purchase live game birds or their eggs without a license if the birds
or eggs, or birds hatched from the eggs, are released into the wild, consumed, or processed
for consumption within one year after they were purchased or hatched. This paragraph does
not apply to the purchase of migratory waterfowl or their eggs.
(c) A person may not introduce mute swans into the wild without a permit issued by the
commissioner.
Subd. 2.
Transfer of license.
(a) A game deleted text begin or furdeleted text end farm license is transferable with the
transfer of all or a portion of the title or leasehold of the land if:
(1) the land transferred complies with the license requirements;
(2) the land is used for the purposes of the license; and
(3) a verified written report of the existing and intended land use is made to the
commissioner, accompanied by a copy of deed, assignment, lease, or other instrument
transferring the corresponding title or leasehold in the enclosed land.
(b) A transfer of less than the whole interest in the license is not valid. Each bona fide
partner or associate in the ownership or operation of a game deleted text begin or furdeleted text end farm must obtain a
separate license.
Subd. 3.
Ownership of wild animals.
All wild animals and their offspring, of the species
identified in the license, that are within the enclosure are the property of the game deleted text begin and furdeleted text end
farm licensee.
Subd. 4.
Sale of live animals.
(a) A sale of live animals from a licensed deleted text begin fur ordeleted text end game
farm is not valid unless the animals are delivered to the purchaser or they are identified and
kept separately.
(b) Live animals sold through auction or through a broker are considered to be sold by
the game farm licensee.
(c) The sale agreement or contract must be in writing. The licensee must notify a
purchaser of the death of an animal within 30 days and of the number of increase before
July 20 of each year.
Subd. 5.
Sale of deleted text begin peltsdeleted text end new text begin productsnew text end .
The commissioner shall prescribe:
(1) the manner that deleted text begin pelts anddeleted text end products of wild animals raised on deleted text begin fur ordeleted text end game farms may
be sold or transported; and
(2) the tags or seals to be affixed to the deleted text begin pelts anddeleted text end products.
deleted text begin Subd. 6. deleted text end
deleted text begin Fox and mink. deleted text end
deleted text begin
Fox and mink may not be bought or sold for breeding or
propagating unless they have been pen-bred for at least two generations.
deleted text end
deleted text begin Subd. 7. deleted text end
deleted text begin Transporting live beaver. deleted text end
deleted text begin
Live beaver may not be transported without a permit
from the commissioner.
deleted text end
Subd. 8.
Penalty.
A licensee that does not comply with a provision of this section subjects
all wild animals on the game deleted text begin or furdeleted text end farm to confiscation.
Subd. 9.
Rules.
The commissioner may adopt rules for:
(1) deleted text begin the issuance ofdeleted text end new text begin issuingnew text end game farm licenses;
(2) deleted text begin the inspection ofdeleted text end new text begin inspectingnew text end game farm facilities;
(3) deleted text begin the acquisition and disposaldeleted text end new text begin acquiring and disposingnew text end of game farm animals; and
(4) record keeping and reporting by game farm licensees, including transactions handled
by auction or broker.
Sec. 3.
new text begin
[97A.106] FUR FARMS.
new text end
new text begin Subdivision 1. new text end
new text begin License requirements. new text end
new text begin
A person may breed and propagate fur-bearing
animals only on privately owned or leased land and after obtaining a license. Any of the
permitted animals on a fur farm may be sold to other licensed fur farms. "Privately owned
or leased land" includes waters that are shallow or marshy, are not actually navigable, and
are not of substantial beneficial public use. Before an application for a license is considered,
the applicant must enclose the area to sufficiently confine the animals to be raised in a
manner approved by the commissioner. A license may be granted only if the commissioner
finds the application is made in good faith with intention to actually carry on the business
described in the application and the commissioner determines that the facilities are adequate
for the business.
new text end
new text begin Subd. 2. new text end
new text begin Transfer of license. new text end
new text begin
(a) A fur farm license is transferable with the transfer of
all or a portion of the title or leasehold of the land if:
new text end
new text begin
(1) the land transferred complies with the license requirements;
new text end
new text begin
(2) the land is used for the purposes of the license; and
new text end
new text begin
(3) a verified written report of the existing and intended land use is made to the
commissioner, accompanied by a copy of deed, assignment, lease, or other instrument
transferring the corresponding title or leasehold in the enclosed land.
new text end
new text begin
(b) A transfer of less than the whole interest in the license is not valid. Each bona fide
partner or associate in the ownership or operation of a fur farm must obtain a separate
license.
new text end
new text begin Subd. 3. new text end
new text begin License fee. new text end
new text begin
For each fur farm, the owner must, on or before January 1, pay to
the commissioner an annual fee of $250.
new text end
new text begin Subd. 4. new text end
new text begin Fur farm account. new text end
new text begin
The fur farm account is established in the game and fish
fund. Fees collected under this section and interest attributable to money in the account
must be deposited in the account. Money in the account, including interest earned, is
appropriated to the commissioner for administration and enforcement of this section.
new text end
new text begin Subd. 5. new text end
new text begin Ownership of wild animals. new text end
new text begin
All wild animals and their offspring, of the species
identified in the license, that are within the enclosure are the property of the fur farm licensee.
new text end
new text begin Subd. 6. new text end
new text begin Containment and disease control. new text end
new text begin
The commissioner, in consultation with
the Board of Animal Health and the commissioners of agriculture and health, must develop:
new text end
new text begin
(1) containment and disposal requirements for farmed fur-bearers; and
new text end
new text begin
(2) farmed fur-bearer disease testing and reporting requirements.
new text end
new text begin Subd. 7. new text end
new text begin Sale of live animals. new text end
new text begin
(a) A sale of live animals from a licensed fur farm is not
valid unless the animals are delivered to the purchaser or they are identified and kept
separately.
new text end
new text begin
(b) Live animals sold through auction or through a broker are considered to be sold by
the fur farm licensee.
new text end
new text begin
(c) The sale agreement or contract must be in writing. The licensee must notify a
purchaser of the death of an animal within 30 days and of the number of increase before
July 20 of each year.
new text end
new text begin Subd. 8. new text end
new text begin Sale of pelts and products. new text end
new text begin
The commissioner must prescribe:
new text end
new text begin
(1) the manner that pelts and products of wild animals raised on fur farms may be sold
or transported; and
new text end
new text begin
(2) the tags or seals to be affixed to the pelts and products.
new text end
new text begin Subd. 9. new text end
new text begin Fox and mink. new text end
new text begin
Fox and mink may not be bought or sold for breeding or
propagating unless they have been pen-bred for at least two generations.
new text end
new text begin Subd. 10. new text end
new text begin Transporting live beaver. new text end
new text begin
Live beaver may not be transported without a
permit from the commissioner.
new text end
new text begin Subd. 11. new text end
new text begin Penalty. new text end
new text begin
A licensee that does not comply with a provision of this section
subjects all wild animals on the fur farm to confiscation.
new text end
new text begin Subd. 12. new text end
new text begin Rules. new text end
new text begin
The commissioner may adopt rules for:
new text end
new text begin
(1) issuing fur farm licenses;
new text end
new text begin
(2) inspecting fur farm facilities;
new text end
new text begin
(3) acquiring fur farm animals; and
new text end
new text begin
(4) record keeping and reporting by fur farm licensees, including transactions handled
by auction or broker.
new text end
Sec. 4.
Minnesota Statutes 2022, section 97A.56, subdivision 1, is amended to read:
Subdivision 1.
Definition.
deleted text begin
For purposes of this section,
deleted text end
new text begin
(a) The definitions in this
subdivision apply to this section.
new text end
new text begin
(b) "Domestic hogs" means members of the subspecies Sus scrofa domesticus.
new text end
new text begin (c)new text end "Feral swine" means deleted text begin a memberdeleted text end new text begin an animalnew text end of the deleted text begin genus and species Sus scrofadeleted text end new text begin family
Suidae or Tayassuidaenew text end that lives in the wilddeleted text begin .deleted text end new text begin or has lived in the wild during any part of the
animal's lifetime. Feral swine includes released domestic hogs, unless the owner satisfies
the notification requirements of section 17.457, subdivision 4, and recovers the released
domestic hogs within 72 hours of notification.
new text end
new text begin
(d) "Release" has the meaning given under section 17.457, subdivision 1.
new text end
Sec. 5.
Minnesota Statutes 2022, section 97A.56, subdivision 2, is amended to read:
Subd. 2.
Prohibited actions; penalty.
(a) new text begin Unless authorized by permit under section
17.457, subdivision 3, new text end a person may not possess or release feral swine deleted text begin or swine that were
feral during any part of the swine's lifetimedeleted text end or new text begin otherwise new text end allow feral swine to run at large.
(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 new text begin feral new text end swine
taken in this manner must be surrendered to the commissioner.
(c) A person who violates this subdivision is guilty of a misdemeanor.
new text begin
(d) A person who violates this subdivision is liable for the actual costs incurred by the
state for the possession or release of the feral swine.
new text end
new text begin
(e) A person who violates this subdivision is liable for the damages caused by the
possession or release of the feral swine.
new text end
Sec. 6.
Minnesota Statutes 2022, section 97A.56, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Domestic hogs and feral swine response protocols. new text end
new text begin
The commissioner, in
cooperation with the commissioner of agriculture and the Board of Animal Health, must
develop protocols for responding to the release of domestic hogs and feral swine, including
reporting requirements, interagency communications, and other actions necessary to resolve
the release.
new text end
Sec. 7. new text begin OUTREACH REQUIRED.
new text end
new text begin
The commissioners of agriculture and natural resources and the Board of Animal Health
must jointly develop, and jointly or separately promote and provide to the public, current
and consistent outreach materials concerning:
new text end
new text begin
(1) swine containment methods;
new text end
new text begin
(2) sources of technical and financial assistance for small or hobby farms;
new text end
new text begin
(3) the importance of preventing the establishment of feral hog populations;
new text end
new text begin
(4) penalties for the accidental or intentional release of swine;
new text end
new text begin
(5) effective and lawful methods of feral hog control; and
new text end
new text begin
(6) other topics as identified by the commissioners and the board.
new text end
Sec. 8. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 17.353,
new text end
new text begin
is repealed.
new text end
ARTICLE 7
MISCELLANEOUS
Section 1.
Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision
to read:
new text begin Subd. 18a. new text end
new text begin Pesticide-treated seed. new text end
new text begin
"Pesticide-treated seed" means seed that has a
pesticide directly applied to the seed before planting and is classified by the United States
Environmental Protection Agency as a treated article under Code of Federal Regulations,
title 40, section 152.25(a), and exempt from regulation under FIFRA.
new text end
Sec. 2.
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision to
read:
new text begin Subd. 20a. new text end
new text begin Nitrogen inhibitor. new text end
new text begin
"Nitrogen inhibitor" means a compound that inhibits
the urease or nitrification of nitrogen fertilizer.
new text end
Sec. 3.
Minnesota Statutes 2022, section 21.81, is amended by adding a subdivision to
read:
new text begin Subd. 35. new text end
new text begin Systemic pesticide. new text end
new text begin
"Systemic pesticide" means a pesticide designed to be
absorbed by plants and translocated throughout plant tissue. Systemic pesticide includes:
new text end
new text begin
(1) acetamiprid, dinotefuran, clothianidin, thiamethoxam, imidacloprid, nitenpyram,
thiacloprid, fipronil, flupyradifurone, sulfoxaflor, cyantraniliprole, or chlorantraniliprole;
and
new text end
new text begin
(2) any other pesticide determined by the commissioner to be a systemic pesticide,
including any chemical belonging to the neonicotinoid or anthranilic diamide class.
new text end
Sec. 4.
Minnesota Statutes 2023 Supplement, section 21.86, subdivision 2, is amended to
read:
Subd. 2.
Miscellaneous violations.
No person may:
(a) detach, alter, deface, or destroy any label required in sections 21.82 and 21.83, alter
or substitute seed in a manner that may defeat the purposes of sections 21.82 and 21.83, or
alter or falsify any seed tests, laboratory reports, records, or other documents to create a
misleading impression as to kind, variety, history, quality, or origin of the seed;
(b) hinder or obstruct in any way any authorized person in the performance of duties
under sections 21.80 to 21.92;
(c) fail to comply with a "stop sale" order or to move or otherwise handle or dispose of
any lot of seed held under a stop sale order or attached tags, except with express permission
of the enforcing officer for the purpose specified;
(d) use the word "type" in any labeling in connection with the name of any agricultural
seed variety;
(e) use the word "trace" as a substitute for any statement which is required;
(f) plant any agricultural seed which the person knows contains weed seeds or noxious
weed seeds in excess of the limits for that seed;
(g) advertise or sell seed containing patented, protected, or proprietary varieties used
without permission of the patent or certificate holder of the intellectual property associated
with the variety of seed; deleted text begin or
deleted text end
(h) use or sell as food, feed, oil, or ethanol feedstock any seed treated with neonicotinoid
pesticidenew text begin ; or
new text end
new text begin (i) beginning January 1, 2026, advertise, sell, or offer for sale any vegetable seed, flower
seed, wildflower seed, grass seed, shrub seed, tree seed, or other seed that is not advertised,
sold, or offered for sale as agricultural seed, if the seed is treated with neonicotinoid pesticidenew text end .
Sec. 5.
Minnesota Statutes 2023 Supplement, section 41A.30, subdivision 1, is amended
to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given.
(b) "Aircraft" has the meaning given in section 296A.01, subdivision 3.
(c) "Aviation gasoline" has the meaning given in section 296A.01, subdivision 7.
(d) "Commissioner" means the commissioner of agriculture.
(e) "Jet fuel" has the meaning given in section 296A.01, subdivision 8.
new text begin
(f) "Qualified clean hydrogen" has the meaning given in United States Code, title 26,
section 45V(c)(2).
new text end
deleted text begin (f)deleted text end new text begin (g)new text end "Qualifying taxpayer" means a taxpayer, as defined in section 290.01, subdivision
6, that is engaged in the business of:
(1) producing sustainable aviation fuel; or
(2) blending sustainable aviation fuel with aviation gasoline or jet fuel.
deleted text begin (g)deleted text end new text begin (h)new text end "Sustainable aviation fuel" means liquid fuel that:
(1) is derived from biomass, as defined in section 41A.15, subdivision 2e;new text begin is derived
from gaseous carbon oxides derived from biomass or direct air capture; or is derived from
qualified clean hydrogen;
new text end
(2) is not derived from palm fatty acid distillates; and
(3) achieves at least a 50 percent life cycle greenhouse gas emissions reduction in
comparison with petroleum-based aviation gasoline, aviation turbine fuel, and jet fuel as
determined by a test that shows:
(i) that the fuel production pathway achieves at least a 50 percent life cycle greenhouse
gas emissions reduction in comparison with petroleum-based aviation gasoline, aviation
turbine fuel, and jet fuel utilizing the most recent version of Argonne National Laboratory's
Greenhouse Gases, Regulated Emissions, and Energy Use in Technologies (GREET) model
that accounts for reduced emissions throughout the fuel production process; or
(ii) that the fuel production pathway achieves at least a 50 percent reduction of the
aggregate attributional core life cycle emissions and the positive induced land use change
values under the life cycle methodology for sustainable aviation fuels adopted by the
International Civil Aviation Organization with the agreement of the United States.
Sec. 6.
Minnesota Statutes 2023 Supplement, section 41A.30, subdivision 3, is amended
to read:
Subd. 3.
Credit certificates.
(a) A business must apply to the commissioner to be eligible
for a credit certificate as a qualifying taxpayer within two months after the close of its
taxable year for all sustainable aviation fuel sold under subdivision 2, paragraph (a), in the
taxable year. The application must be in the form and be made under the procedures specified
by the commissioner and must include:
(1) evidence of production or blending in Minnesota required under subdivision 2,
paragraph (a), clause (1); and
(2) a purchaser's certification that the sustainable aviation fuel is for use as fuel in an
aircraft departing from an airport in Minnesota, as required under subdivision 2, paragraph
(a), clause (2).
new text begin
(b) If the sustainable aviation fuel for which the business is applying for a credit certificate
was derived from biomass or from gaseous carbon oxides derived from biomass, the business
also must demonstrate that the biomass was:
new text end
new text begin
(1) grown on agricultural land that had previously been cropped or hayed in five or more
of the previous ten years; and
new text end
new text begin
(2) bound by contract to be processed into sustainable aviation fuel.
new text end
new text begin
The business must demonstrate compliance with this paragraph by completing and submitting
to the commissioner a form developed by the Board of Water and Soil Resources.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Within 30 days of receiving an application for certification under this subdivision,
the commissioner must:
(1) issue a credit certificate under paragraph deleted text begin (c)deleted text end new text begin (d)new text end ;
(2) request additional information from the business; or
(3) reject the application for certification.
If the commissioner requests additional information from the business, the commissioner
must either issue a credit certificate or reject the application within 30 days of receiving the
additional information. If a business fails to submit the additional information within 30
days or if the commissioner neither issues a credit certificate within 30 days of receiving
the original application or within 30 days of receiving the additional information requested,
whichever is later, the application is deemed rejected.
deleted text begin (c)deleted text end new text begin (d)new text end A credit certificate must state:
(1) the fiscal year for which the credit certificate is issued;
(2) the amount of the tax credit; and
(3) the taxable year for which the taxpayer may claim the tax credit under section
290.0688.
Sec. 7.
Minnesota Statutes 2023 Supplement, section 116P.09, subdivision 6, is amended
to read:
Subd. 6.
Conflict of interest.
(a) A commission member, a technical advisory committee
member, a peer reviewer, or an employee of the commission may not participate in or vote
on a decision of the commission, advisory committee, or peer review relating to an
organization in which the member, peer reviewer, or employee has either a direct or indirect
personal financial interest. While serving on the commission or technical advisory committee
or as a peer reviewer or while an employee of the commission, a person must avoid any
potential conflict of interest.
(b) A commission member may not vote on a motion regarding new text begin the purchase of land
under section 116P.18 or new text end the final recommendations of the commission required under
section 116P.05, subdivision 2, paragraph (a), if the motion relates to an organization in
which the member has a direct personal financial interest. If a commission member is
prohibited from voting under this paragraph, the number of affirmative votes required under
section 116P.05, subdivision 2, paragraph (a),new text begin or section 116P.18new text end is reduced by the number
of members ineligible to vote under this paragraph.
Sec. 8.
Minnesota Statutes 2023 Supplement, section 116P.18, is amended to read:
116P.18 LANDS IN PUBLIC DOMAIN.
Money appropriated from the trust fund must not be used to purchase any land in fee
title or a permanent conservation easement if the land in question is fully or partially owned
by the state or a political subdivision of the state or was acquired fully or partially with state
money, unless:
(1) the purchase creates additional direct benefit to the protection, conservation,
preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural
resources; and
(2) the purchase is approved, prior to the acquisition, by an affirmative vote of at least
11 members of the commissionnew text begin , except as provided under section 116P.09, subdivision 6,
paragraph (b)new text end .
Sec. 9.
new text begin
[473.355] COMMUNITY TREE-PLANTING GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "shade tree" means a woody
perennial grown primarily for aesthetic or environmental purposes with minimal to residual
timber value.
new text end
new text begin Subd. 2. new text end
new text begin Grants. new text end
new text begin
(a) The Metropolitan Council must establish a grant program to provide
grants to cities, counties, townships, and implementing agencies for the following purposes:
new text end
new text begin
(1) removing and planting shade trees on public land to provide environmental benefits;
new text end
new text begin
(2) replacing trees lost to forest pests, disease, or storms; or
new text end
new text begin
(3) establishing a more diverse community forest better able to withstand disease and
forest pests.
new text end
new text begin
(b) Any tree planted with money granted under this section must be a climate-adapted
species to Minnesota.
new text end
new text begin Subd. 3. new text end
new text begin Priority. new text end
new text begin
(a) Priority for grants awarded under this section must be given to:
new text end
new text begin
(1) projects removing and replacing ash trees that pose significant public safety concerns;
and
new text end
new text begin
(2) projects located in whole or in part in a census tract where at least three of the
following apply, as determined using the most recently published data from the United
States Census Bureau or United States Centers for Disease Control and Prevention:
new text end
new text begin
(i) 20 percent or more of the residents have income below the federal poverty thresholds;
new text end
new text begin
(ii) the tract has a United States Centers for Disease Control and Prevention Social
Vulnerability Index greater than 0.80;
new text end
new text begin
(iii) the upper limit of the lowest quintile of household income is less than the state upper
limit of the lowest quintile;
new text end
new text begin
(iv) the housing vacancy rate is greater than the state average; or
new text end
new text begin
(v) the percent of the population receiving Supplemental Nutrition Assistance Program
(SNAP) benefits is greater than the state average.
new text end
new text begin
(b) The Metropolitan Council may not prioritize projects based on criteria other than
the criteria established under paragraph (a).
new text end
APPENDIX
Repealed Minnesota Statutes: H3911-1
17.353 FUR FARMER REGISTRATION.
Subdivision 1.
Registration system.
The commissioner shall establish a registration system for fur farmers. The registration system shall be designed to maintain information required by the commissioner, United States Department of Agriculture, and other agencies.
Subd. 2.
Registration.
A fur farmer may register with the commissioner by submitting a completed registration form and a fee of $10 to the commissioner by December 31. The registration is valid for a calendar year. The registration form must state the name of the applicant, the location of the fur farming activity, the species of fur-bearing animals on the fur farm, and other information required by the commissioner.
Subd. 3.
Tags for transportation and sale.
The commissioner shall, if requested, furnish registered fur farmers tags, without a fee, for the transport and sale of fur-bearing animals and their products. A fur farmer transporting or selling pelts of fur-bearing animals may attach the tag to a package containing pelts.
Subd. 4.
Annual reports of pelts sold.
A registered fur farmer must file a verified report of the number of pelts of each species of fur-bearing animal sold during the preceding calendar year. The report must be filed with the commissioner by December 31.
84.033 SCIENTIFIC AND NATURAL AREAS.
Subd. 3.
County approval.
The commissioner must follow the procedures under section 97A.145, subdivision 2, when acquiring land for designation as a scientific and natural area under this section.
84.926 VEHICLE USE ON PUBLIC LANDS; EXCEPTIONS.
Subdivision 1.
Exception by permit.
Notwithstanding sections 84.773, subdivision 1, and 84.777, on a case-by-case basis, the commissioner may issue a permit authorizing a person to operate an off-highway vehicle on individual public trails under the commissioner's jurisdiction during specified times and for specified purposes.
97B.802 SPECIAL CANADA-GOOSE SEASON; LICENSE REQUIRED.
Except as provided in this section, a person required to possess a small-game license may not take Canada geese during a special season without a valid special-season Canada-goose license in possession. Residents under age 18 or over age 65 and persons hunting on their own property are not required to possess the license.
115A.5501 REDUCING PACKAGING IN WASTE.
Subdivision 1.
Statewide reduction goal.
It is the goal of the state that there be a minimum 25 percent statewide per capita reduction in the amount of discarded packaging delivered to facilities by December 31, 1995, based on a reasonable estimate of the amount of packaging that was delivered to facilities in calendar year 1992.
Subd. 2.
Measurement; procedures.
(a) To measure the overall percentage of packaging in the statewide solid waste stream, the commissioner shall conduct annual solid waste composition studies in the nonmetropolitan and metropolitan areas or shall develop an alternative method that is as statistically reliable as a waste composition study to measure the percentage of packaging in the waste stream.
(b) The commissioner shall average the nonmetropolitan and metropolitan results and submit the statewide percentage, along with a statistically reliable margin of error, to the senate and house of representatives committees having jurisdiction over environment and natural resources and environment and natural resources finance by July 1 of each year. The 1994 report must include a discussion of the reliability of data gathered under this subdivision and the methodology used to determine a statistically reliable margin of error.
Subd. 3.
Access; waste composition studies.
The owner or operator of a facility shall allow access upon reasonable notice to authorized agency staff for the purpose of conducting waste composition studies or otherwise assessing the amount of total packaging in the waste delivered to the facility under this section.
Subd. 4.
Report.
The commissioner shall apply the statewide percentage determined under subdivision 2 to the aggregate amount of solid waste determined under subdivision 3 to determine the amount of packaging in the waste stream. By July 1, 1996, the commissioner shall submit to the Legislative Commission on Waste Management an analysis of the extent to which the waste packaging reduction goal in subdivision 1 has been met. In determining whether the goal has been met, the margin of error must be applied in favor of meeting the goal. The commissioner shall use the statistical mean for the data collected in determining whether the goal has been met and shall include in the analysis a discussion of the margin of error and statistical reliability for the data collected.
Subd. 5.
Recommendations for further reduction goals.
If the goal in subdivision 1 is met, the commissioner shall include in the report required in subdivision 4 recommendations for appropriate goals for further reducing the amount of discarded packaging delivered to facilities. The report must include an analysis of the costs of further reductions.
Subd. 6.
Definition.
For the purposes of this section, "facility" means a composting, incineration, refuse-derived fuel, or disposal facility that accepts mixed municipal solid waste or construction waste.
Repealed Minnesota Session Laws: H3911-1
Laws 2003, chapter 128, article 1, section 167, subdivision 1, as amended by Laws 2007, chapter 57, article 1, section 155;
Sec. 167. new text begin FOREST LAND OFF-HIGHWAY VEHICLE USE RECLASSIFICATION.new text end
Subdivision 1.
Forest classification status review.
(a) By December 31, 2006, the commissioner of natural resources shall complete a review of the forest classification status of all state forests classified as managed or limited, all forest lands under the authority of the commissioner as defined in Minnesota Statutes, section 89.001, subdivision 13, and lands managed by the commissioner under Minnesota Statutes, section 282.011. The review must be conducted on a forest-by-forest and area-by-area basis in accordance with the process and criteria under Minnesota Rules, part 6100.1950. Except as provided in paragraph (d), after each forest is reviewed, the commissioner must change deleted text begin itsdeleted text end new text begin the new text end status new text begin of the lands within each forest new text end to limited or closeddeleted text begin , and deleted text end new text begin . The commissioner may classify portions of a limited forest as closed. The commissioner new text end must new text begin also new text end provide a similar status for each of the other areas subject to review under this section after each individual review is completed.
(b) If the commissioner determines on January 1, 2005, that the review required under this section cannot be completed by December 31, 2006, the completion date for the review shall be extended to December 31, 2008. By January 15, 2005, the commissioner shall report to the chairs of the legislative committees with jurisdiction over natural resources policy and finance regarding the status of the process required by this section.
(c) Until December 31, 2010, the state forests and areas subject to review under this section are exempt from Minnesota Statutes, section 84.777, unless an individual forest or area has been classified as limited or closed.
(d) Notwithstanding the restrictions in paragraph (a), and Minnesota Statutes, section 84.777,new text begin subdivision 1,new text end all forest lands under the authority of the commissioner as defined in Minnesota Statutes, section 89.001, subdivision 13, and lands managed by the commissioner under Minnesota Statutes, section 282.011, that are north of U.S. Highway 2 shall maintain their present classification unless the commissioner reclassifies the lands under Minnesota Rules, part 6100.1950. The commissioner shall provide for seasonal trail closures when conditions warrant them. By December 31, 2008, the commissioner shall complete the review and designate trails on forest lands north of Highway 2 as provided in this section.
Repealed Minnesota Rule: H3911-1