HF 4492

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/19/2022 11:48am

A bill for an act
relating to state government; appropriating money for environment, natural
resources, and tourism; creating Outdoor Recreation Office; modifying pesticide
and seed provisions; providing for soil health and protection of peat soil; modifying
invasive species management; modifying state trails; providing for compensation
of certain board, commission, and council members; providing for watercraft
operator's permit, safety program, and rental requirements; modifying walk-in
access program; modifying game and fish laws; modifying certain accounts;
providing for disposition of certain receipts; creating programs; modifying Water
Law; modifying air and water pollution provisions; requiring environmental justice
considerations; modifying solid waste and feedlot provisions; modifying provisions
and transferring authority to regulate farmed Cervidae; prohibiting PFAS, lead,
and cadmium in certain products; defining terms for metropolitan government;
creating Pig's Eye Landfill Task Force; modifying land use provisions; modifying
provisions for conveying interests in state lands; adding to and deleting from state
parks and state forests; authorizing conveyances of certain state lands; providing
for disposition of proceeds from sale of tax-forfeited land; requiring reports;
requiring rulemaking; providing criminal penalties; amending Minnesota Statutes
2020, sections 13.643, subdivision 6; 15A.0815, subdivision 3; 18B.09, subdivision
2, by adding a subdivision; 21.81, by adding a subdivision; 21.86, subdivision 2;
35.155, subdivisions 1, 4, 6, 10, 12, by adding a subdivision; 84.632; 84D.02,
subdivision 3; 85.015, subdivision 10; 85A.01, subdivision 1; 86B.313, subdivision
4; 89A.03, subdivision 5; 90.181, subdivision 2; 97A.015, by adding a subdivision;
97A.126, as amended; 97A.137, subdivision 3; 97A.475, subdivision 41; 97C.605,
subdivisions 1, 2c; 103B.101, subdivision 2; 103B.103; 103G.271, by adding a
subdivision; 103G.287, subdivision 5; 103G.299, subdivisions 1, 2, 5, 10; 115.061;
115.071, by adding a subdivision; 115B.17, subdivision 14; 115B.52, subdivision
4; 116.06, subdivision 1, by adding subdivisions; 116.07, subdivision 4a, by adding
subdivisions; 116C.03, subdivision 2a; 116D.04, by adding a subdivision; 116P.05,
subdivision 1; 171.07, by adding a subdivision; 282.04, subdivision 1, by adding
a subdivision; 282.08; 297A.94; 325E.046; 325F.072, subdivisions 1, 3; 394.36,
subdivision 4; 473.121, by adding subdivisions; Minnesota Statutes 2021
Supplement, sections 35.155, subdivision 11; 84.63; 84.631; 92.502; 97C.605,
subdivision 3; 97C.611; proposing coding for new law in Minnesota Statutes,
chapters 21; 84; 86A; 86B; 97B; 103B; 103C; 103E; 103F; 103G; 115A; 116;
325E; repealing Minnesota Statutes 2020, sections 86B.101; 86B.305; 86B.313,
subdivisions 2, 3; 97C.605, subdivisions 2, 2a, 2b, 5; 325E.389; 325E.3891; Laws
2012, chapter 236, section 28, subdivision 9, as amended; Minnesota Rules, part
6256.0500, subparts 2, 2a, 2b, 4, 5, 6, 7, 8.

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

ARTICLE 1

APPROPRIATIONS

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

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023. Appropriations for the fiscal year ending June 30, 2022, are
effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2022 new text end		new text begin 2023 new text end

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

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

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 58,466,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin General new text end	new text begin -0- new text end	new text begin 51,533,000 new text end
new text begin Environmental new text end	new text begin -0- new text end	new text begin 5,403,000 new text end
new text begin Remediation new text end	new text begin -0- new text end	new text begin 1,530,000 new text end

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

new text begin Subd. 2. new text end new text begin Agency Appropriations new text end

new text begin (a) $10,000,000 the second year is to support
local government units and Tribal
governments in planning, designing, and
implementing resiliency projects to withstand
local flooding. Of this amount, $9,550,000 is
for grants to local government units and Tribal
governments to upgrade local infrastructure,
critical facilities, and other assets for
protection against localized flooding and urban
heat impacts and $450,000 is for technical
assistance. The commissioner may contract
with an independent third party to provide the
technical assistance. This appropriation is
available until June 30, 2026. The base for this
appropriation in fiscal year 2024 and later is
$133,000.
new text end

new text begin (b) $5,602,000 the second year is for agency
operating adjustments. Of this amount,
$38,000 is from the general fund, $4,167,000
is from the environmental fund, and
$1,397,000 is from the remediation fund, of
which $854,000 is for the purposes of the
petroleum remediation program. The
commissioner must make necessary
adjustments to program appropriations in this
section to distribute these funds. By September
1, 2022, the commissioner must report to the
chairs of the legislative committees and
divisions with jurisdiction over environment
and natural resources finance the distribution
of funds and resulting base-level
appropriations for each program.
new text end

new text begin (c) $1,000,000 the second year is to create a
community-based brownfield grant program
to provide grants to complete contamination
site investigations and cleanup planning at
brownfield sites in underserved areas. Of this
amount, $500,000 is for use in the
seven-county metropolitan area and $500,000
is for use outside the seven-county
metropolitan area. This is a onetime
appropriation and is available until June 30,
2025.
new text end

new text begin (d) $2,000,000 the second year is to support
efforts to prevent perfluoroalkyl and
polyfluoroalkyl substances (PFAS)
contamination. Of this amount, $1,400,000 is
for grants to support projects designed to
prevent PFAS releases to the environment,
identify sources of PFAS, and implement
reduction strategies. This is a onetime
appropriation and is available until June 30,
2025.
new text end

new text begin (e) $10,000,000 the second year is to establish
a waste prevention and recycling grant and
loan program. Of this amount, $9,360,000 is
for grants and loans for infrastructure
improvement projects related to waste
prevention, recycling, and composting. This
is a onetime appropriation and is available
until June 30, 2025. All loan proceeds must
be deposited in the environmental fund.
new text end

new text begin (f) $50,000 the second year is for completing
the St. Louis River mercury total maximum
daily load study. This is a onetime
appropriation and is available until June 30,
2025.
new text end

new text begin (g) The unspent amount, estimated to be
$50,000, from the appropriation in Laws 2021,
First Special Session chapter 6, article 1,
section 2, subdivision 2, paragraph (i), for the
St. Louis River mercury total maximum daily
load study is canceled on June 29, 2022.
new text end

new text begin (h) $1,800,000 the second year is to address
the Pig's Eye Landfill. Of this amount,
$800,000 is for the purposes of the Pig's Eye
Landfill Task Force as provided in this act and
$1,000,000 is for preliminary assessment and
cleanup. This is a onetime appropriation and
is available until June 30, 2026.
new text end

new text begin (i) $50,000 the second year is for the
petroleum tank release cleanup program duties
and report required under this act. This is a
onetime appropriation.
new text end

new text begin (j) $250,000 the second year is to implement
feedlot financial assurance requirements and
compile the annual feedlot and manure storage
area lists required under Minnesota Statutes,
section 116.07, subdivisions 7f and 7g.
new text end

new text begin (k) $700,000 the second year is for distribution
to delegated counties based on registered
feedlots and manure storage areas for
inspections of manure storage areas and the
abandoned manure storage area reports
required under this act. This is a onetime
appropriation and is available until June 30,
2024.
new text end

new text begin (l) $250,000 the second year is for a grant to
the Minnesota Association of County Feedlot
Officers to provide training concerning state
feedlot requirements, working efficiently and
effectively with producers, and reducing the
incidence of manure or nutrients entering
surface water or groundwater. This is a
onetime appropriation.
new text end

new text begin (m) $5,000,000 the second year is for grants
for pilot projects that encourage composting
by residents of multifamily buildings under
Minnesota Statutes, section 115A.5591. This
is a onetime appropriation.
new text end

new text begin (n) $9,080,000 the second year from the
general fund is for implementation of the
environmental justice, cumulative impact
analysis, and demographic analysis
requirements under this act. The general fund
appropriation is onetime and is available until
June 30, 2024. The base for this appropriation
in fiscal year 2024 is $8,979,000 from the
environmental fund and the base in fiscal year
2025 and later is $8,603,000 from the
environmental fund.
new text end

new text begin (o) $5,000,000 the second year is for
development of a statewide air quality
monitoring program, including air monitoring
devices and other necessary equipment. This
is a onetime appropriation and is available
until June 30, 2027.
new text end

new text begin (p) $540,000 the second year is to purchase
three air monitoring devices to measure
pollutants in ambient air. The monitoring
devices must be placed within a census tract
that the commissioner has determined is
located in an environmental justice area, as
defined in Minnesota Statutes, section 116.06,
subdivision 10b. This is a onetime
appropriation.
new text end

new text begin (q) $500,000 the second year is for grants for
a community air monitoring system pilot
program under this act and to pay the agency's
reasonable costs to administer the pilot grant
program. This is a onetime appropriation and
is available until June 30, 2024.
new text end

new text begin (r) $500,000 the second year is to adopt rules
to regulate air toxics emissions as specified in
this act. This is a onetime appropriation and
is available until June 30, 2025.
new text end

new text begin (s) $1,000,000 the second year is for a lead
tackle collection program that provides
collection sites throughout the state where
anglers may safely dispose of lead tackle.
new text end

new text begin (t) $175,000 the second year is for the seed
disposal rulemaking required under this act.
This is a onetime appropriation and is
available until June 30, 2024.
new text end

new text begin (u) $100,000 the second year is for transfer to
the commissioner of agriculture to enforce the
treated seed provisions under Minnesota
Statutes, section 21.86, subdivision 2.
new text end

new text begin (v) $2,000,000 the second year is to develop
protocols to be used by agencies and
departments for sampling and testing
groundwater, surface water, public drinking
water, and private wells for microplastics and
nanoplastics and to begin implementation. The
commissioner may transfer money
appropriated under this paragraph to the
commissioners of agriculture, natural
resources, and health to implement the
protocols developed under this paragraph. This
is a onetime appropriation. For the purposes
of this paragraph, "microplastics" and
"nanoplastics" have the meanings given under
Minnesota Statutes, section 116.06,
subdivisions 14a and 14b.
new text end

new text begin (w) $1,500,000 the second year is for the
zero-waste grant program under Minnesota
Statutes, section 115A.561. This is a onetime
appropriation.
new text end

new text begin (x) $17,000 the second year is from the
environmental fund to support the expedited
rule process to update the capital assistance
program grant limits and eligibility. This is a
onetime appropriation and is available until
June 30, 2024.
new text end

new text begin (y) $74,000 the second year is from the
environmental fund to complete compliance
monitoring and testing for cadmium and lead
in consumer products.
new text end

new text begin (z) $150,000 the second year is from the
environmental fund for the carpet stewardship
report required under this act. This is a
onetime appropriation.
new text end

new text begin (aa) $452,000 the second year is from the
environmental fund to adopt rules establishing
water quality standards for perfluorooctanoic
acid (PFOA) and perfluorooctanesulfonic acid
(PFOS) as required under this act. This is a
onetime appropriation and is available until
June 30, 2025.
new text end

new text begin (bb) $181,000 the second year is from the
environmental fund for implementing and
enforcing the perfluoroalkyl and
polyfluoroalkyl substances provisions under
Minnesota Statutes, sections 116.943 to
116.947. The base for this appropriation in
fiscal year 2024 and later is $362,000. Of this
amount, $66,000 may be transferred to the
commissioner of health.
new text end

new text begin (cc) $314,000 the second year is from the
environmental fund for the perfluoroalkyl and
polyfluoroalkyl substances disclosure
requirements under Minnesota Statutes,
section 116.948. The base for this
appropriation is $300,000 in fiscal year 2024
and $154,000 in fiscal year 2025 and later.
new text end

new text begin (dd) $48,000 the second year is from the
environmental fund for the public
informational meeting requirements under
Minnesota Statutes, section 115.071,
subdivision 3a.
new text end

new text begin (ee) $133,000 the second year is from the
remediation fund for staffing to fulfill the
statutory obligations under Minnesota Statutes,
chapter 115E, regarding railroad safety. The
base for this appropriation in fiscal year 2024
and later is $133,000.
new text end

new text begin Subd. 3. new text end new text begin Transfers new text end

new text begin By June 30, 2023, the commissioner of
management and budget must transfer
$29,055,000 from the general fund to the
metropolitan landfill contingency action trust
account in the remediation fund to restore the
money transferred from the account as
intended under Laws 2003, chapter 128, article
1, section 10, paragraph (e), and Laws 2005,
First Special Session chapter 1, article 3,
section 17, and compensate the account for
the estimated lost investment income.
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 NATURAL RESOURCES new text end

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

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 54,727,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin General new text end	new text begin -0- new text end	new text begin 52,962,000 new text end
new text begin Natural Resources new text end	new text begin -0- new text end	new text begin 1,750,000 new text end
new text begin Game and Fish new text end	new text begin -0- new text end	new text begin 15,000 new text end

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

new text begin Subd. 2. new text end new text begin Department Appropriations new text end

new text begin (a) $25,000,000 the second year is for
modernizing and enhancing
department-managed infrastructure, lands, and
waters to mitigate and adapt to climate change.
Of this amount, $10,000,000 is for public
water access sites; $10,000,000 is for
hatcheries; and $5,000,000 is for native plant
restoration in state parks. The commissioner
may reallocate across these purposes based on
project readiness and priority. This is a
onetime appropriation and is available until
June 30, 2026.
new text end

new text begin (b) $300,000 the second year is to provide
aggregate resource maps for local
governments. The base for this appropriation
in fiscal year 2024 and beyond is $100,000.
new text end

new text begin (c) $5,000,000 the second year is to enhance
grasslands and restore wetlands on
state-owned wildlife management areas to
increase carbon sequestration and enhance
climate resiliency. This is a onetime
appropriation and is available until June 30,
2026.
new text end

new text begin (d) $250,000 the second year is to evaluate
fish designated as rough fish in the state to
determine if fish species are properly
designated and if there are rough fish species
that are in need of additional protection
through regulations and to determine any
research needs. The commissioner must
submit a report with the results of the
evaluation and any recommendations to the
chairs and ranking minority members of the
legislative committees and divisions with
jurisdiction over the environment and natural
resources by June 30, 2023. This is a onetime
appropriation.
new text end

new text begin (e) $1,400,000 the second year is for
designating swan resting areas under this act
and to provide increased education and
outreach promoting the protection of swans
in the state, including education regarding the
restrictions on taking swans. This is a onetime
appropriation and is available until June 30,
2025.
new text end

new text begin (f) $421,000 the second year is to complete a
centralized aquifer-property database to
provide needed data for site characterization.
This is a onetime appropriation and is
available until June 30, 2024.
new text end

new text begin (g) $30,000 the second year is to stock at least
7,000,000 walleye fry near spawning riffles
in the Rat Root River in Koochiching County.
This is a onetime appropriation.
new text end

new text begin (h) $1,841,000 the second year is for grants
to lake associations, local governments, and
Tribal governments to manage aquatic
invasive plant species, including starry
stonewart. This is a onetime appropriation.
new text end

new text begin (i) $1,383,000 is added to the base beginning
in fiscal year 2025 for implementing the
transition of the farmed Cervidae program
from the Board of Animal Health to the
Department of Natural Resources as required
under this act.
new text end

new text begin (j) $3,300,000 the second year is for improved
maintenance at scientific and natural areas
under Minnesota Statutes, section 86A.05,
subdivision 5, including additional natural
resource specialists and technicians,
coordinators, seasonal crews, equipment,
supplies, and administrative support. This is
a onetime appropriation and is available until
June 30, 2025.
new text end

new text begin (k) $11,000,000 the second year is for grants
to local units of government to replace trees
removed to address emerald ash borer. Priority
must be given to environmental justice areas.
Money appropriated in this paragraph may be
used to acquire and plant trees that are climate
adaptive to Minnesota. This is a onetime
appropriation and is available until June 30,
2025. For purposes of this appropriation, an
environmental justice area is one or more
census blocks with a history of higher than
average cumulative impacts from air pollution
located in the state:
new text end

new text begin (1) in which, based on the most recent data
published by the United States Census Bureau:
new text end

new text begin (i) 40 percent or more of the population is
nonwhite;
new text end

new text begin (ii) 35 percent or more of the households have
an income at or below 200 percent of the
federal poverty level; or
new text end

new text begin (iii) 40 percent or more of the population over
the age of five has limited English proficiency;
or
new text end

new text begin (2) that is in Indian Country, as defined in
United States Code, title 18, section 1151.
new text end

new text begin (l) $1,000,000 the second year is for grants to
prekindergarten to grade 12 schools, including
public and private schools, to plant trees on
school grounds while providing hands-on
learning opportunities for students. A grant
application under this paragraph must be
prepared jointly with the parent-teacher
organization or similar parent organization for
the school. This is a onetime appropriation
and is available until June 30, 2024.
new text end

new text begin (m) $1,000,000 the second year is for public
meeting and water-use permit requirements
under Minnesota Statutes, sections 103G.271,
subdivisions 2a and 4b, and 103G.287,
subdivision 5. The base for this appropriation
in fiscal year 2024 and beyond is $250,000.
new text end

new text begin (n) $1,000,000 the second year is for a grant
to the Fond du Lac Band of Lake Superior
Chippewa to expand Minnesota's wild elk
population and range. Consideration must be
given to moving elk from existing herds in
northwest Minnesota to the area of the Fond
du Lac State Forest and the Fond du Lac
Reservation in Carlton and southern St. Louis
Counties. The Fond du Lac Band of Lake
Superior Chippewa's elk reintroduction efforts
must undergo thorough planning with the
Department of Natural Resources to develop
necessary capture and handling protocols,
including protocols related to cervid disease
management, and to produce postrelease state
and Tribal elk co-management plans. This is
a onetime appropriation.
new text end

new text begin (o) $250,000 the second year is for testing
farmed white-tailed deer for chronic wasting
disease using a real-time quaking-induced
conversion (RT-QuIC) test as required in this
act. The commissioner must issue a request
for proposal for the RT-QuIC testing required.
This is a onetime appropriation.
new text end

new text begin (p) $500,000 the second year is to address
chronic wasting disease in white-tailed deer
in and around the city of Grand Rapids. This
is a onetime appropriation.
new text end

new text begin (q) $600,000 the second year is for grants for
natural-resource-based education and
recreation programs serving youth under
Minnesota Statutes, section 84.976. The base
for this appropriation in fiscal year 2024 and
beyond is $300,000.
new text end

new text begin (r) $70,000 the second year is for the nongame
wildlife management program.
new text end

new text begin (s) Notwithstanding Minnesota Statutes,
section 297A.94, $15,000 the second year is
from the heritage enhancement account in the
game and fish fund for implementing nontoxic
shot requirements under Minnesota Statutes,
section 97B.673. This is a onetime
appropriation and is available until June 30,
2025.
new text end

new text begin (t) $750,000 the second year is from the
natural resources fund for state trail, park, and
recreation area operations. This appropriation
is from revenue deposited in the natural
resources fund under Minnesota Statutes,
section 297A.94, paragraph (h), clause (2).
This is a onetime appropriation.
new text end

new text begin (u) $500,000 the second year is from the
all-terrain vehicle account in the natural
resources fund for a grant to St. Louis County
to match other funding sources for design,
right-of-way acquisition, permitting, and
construction of trails within the Voyageur
Country ATV trail system. This is a onetime
appropriation and is available until June 30,
2025. This appropriation may be used as a
local match to a 2022 state bonding award.
new text end

new text begin (v) $500,000 the second year is from the
all-terrain vehicle account in the natural
resources fund for a grant to St. Louis County
to match other funding sources for design,
right-of-way acquisition, permitting, and
construction of a new trail within the
Prospector trail system. This is a onetime
appropriation and is available until June 30,
2025. This appropriation may be used as a
local match to a 2022 state bonding award.
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. 4. new text begin BOARD OF WATER AND SOIL RESOURCES new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 68,920,000 new text end

new text begin (a) $10,000,000 the second year is for water
storage and management projects and practices
to control water volume and rates to protect
infrastructure, improve water quality, and
provide other related public benefits consistent
with Minnesota Statutes, section 103F.05. Of
this amount, $5,000,000 is for projects in the
seven-county metropolitan area and
$5,000,000 is for projects outside the
seven-county metropolitan area. This
appropriation is available until June 30, 2026.
The base for this appropriation is $167,000 in
fiscal year 2024 and beyond.
new text end

new text begin (b) $595,000 the second year is to offset
unreimbursed costs caused by the COVID-19
pandemic. This is a onetime appropriation.
new text end

new text begin (c) $5,000,000 the second year is to accelerate
the adoption of soil health practices consistent
with Minnesota Statutes, sections 103C.101,
subdivision 10a, and 103F.49.
new text end

new text begin (d) $125,000 the second year is to accomplish
the objectives of Minnesota Statutes, section
10.65, and related Tribal government
coordination. The base for fiscal year 2024 is
$129,000 and $133,000 for fiscal year 2025
and each year thereafter.
new text end

new text begin (e) $10,000,000 the second year is to provide
onetime state incentive payments to enrollees
in the federal Conservation Reserve Program
(CRP) during the continuous enrollment
period and to enroll complementary areas in
conservation easements consistent with
Minnesota Statutes, section 103F.515. The
board may establish payment rates based on
land valuation and on environmental benefit
criteria, including but not limited to surface
water or groundwater pollution reduction,
drinking water protection, soil health,
pollinator and wildlife habitat, and other
conservation enhancements. The board may
use state funds to implement the program and
to provide technical assistance to landowners
or their agents to fulfill enrollment and
contract provisions. The board must consult
with the commissioners of agriculture, health,
natural resources, and the Pollution Control
Agency and the United States Department of
Agriculture in establishing program criteria.
This is a onetime appropriation and is
available until June 30, 2026.
new text end

new text begin (f) $5,000,000 the second year is for the lawns
to legumes program under Minnesota Statutes,
section 103B.104. The base for this
appropriation in fiscal year 2024 and beyond
is $1,250,000.
new text end

new text begin (g) $200,000 the second year is to establish
the drainage registry information portal
required under Minnesota Statutes, section
103E.122. This is a onetime appropriation.
new text end

new text begin (h) $30,000,000 the second year is to purchase
and restore permanent conservation sites via
easements or contracts to treat and store water
on the land for water quality improvement
purposes and related technical assistance.
Minnesota Statutes, section 103F.515, applies
to this program. The board must give priority
to leveraging federal money by enrolling
targeted new lands or enrolling
environmentally sensitive lands that have
expiring federal conservation agreements. The
board may enter into new agreements and
amend past agreements with landowners as
required by Minnesota Statutes, section
103F.515, subdivision 5, to allow for
restoration. Up to $1,700,000 is for deposit in
a monitoring and enforcement account. This
is a onetime appropriation and is available
until June 30, 2026.
new text end

new text begin (i) $8,000,000 the second year is for an
accelerated conservation planting program.
This is a onetime appropriation and is
available until June 30, 2026. The work must
be carried out consistent with the provisions
of Minnesota Statutes, section 103C.501. The
appropriation must be used for financial and
technical assistance to landowners via local
units of government for the purpose of
establishing or enhancing tree, shrub, and
associated conservation practices that will
reduce greenhouse gas emissions and add
resiliency to the landscape by sequestering
carbon, conserving energy, and improving
water quality and habitat. Of this amount,
$500,000 must be used to address invasive
species control via cooperative weed
management agreements. Money appropriated
in this paragraph may be used to acquire and
plant trees that are climate adaptive to
Minnesota.
new text end

Sec. 5. new text begin CONSERVATION CORPS MINNESOTA new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin Conservation Corps Minnesota may receive
money appropriated under this section only
as provided in an agreement with the
commissioner of natural resources. $250,000
is added to the base in fiscal year 2024 and
beyond.
new text end

Sec. 6. new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 13,085,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin General new text end	new text begin -0- new text end	new text begin $12,335,000 new text end
new text begin Natural Resources new text end	new text begin -0- new text end	new text begin $750,000 new text end

new text begin (a) $2,500,000 the second year is to develop
a decision-making support toolset to help local
partners quantify the risks of a changing
climate and prioritize strategies that mitigate
those risks. This is a onetime appropriation
and is available until June 30, 2026.
new text end

new text begin (b) $2,500,000 the second year is for grants
to cities within the metropolitan area, as
defined in Minnesota Statutes, section
473.121, subdivision 2, for capital
improvements in municipal wastewater
collection systems to reduce the amount of
inflow and infiltration to the Metropolitan
Council's metropolitan sanitary sewer disposal
system. Grants from this appropriation are for
up to 50 percent of the cost to mitigate inflow
and infiltration in the publicly owned
municipal wastewater collection systems. To
be eligible for a grant, a city must be identified
by the council as a contributor of excessive
inflow and infiltration in the metropolitan
disposal system or have a measured flow rate
within 20 percent of its allowable
council-determined inflow and infiltration
limits. The council must award grants based
on applications from cities that identify
eligible capital costs and include a timeline
for inflow and infiltration mitigation
construction pursuant to guidelines established
by the council. This is a onetime appropriation
and is available until June 30, 2024.
new text end

new text begin (c) $2,500,000 the second year is for grants to
cities within the metropolitan area, as defined
in Minnesota Statutes, section 473.121,
subdivision 2, to provide financial assistance
to private property owners to replace or repair
private sewer lines to reduce the amount of
inflow and infiltration to the Metropolitan
Council's metropolitan sanitary sewer disposal
system. Financial assistance from this
appropriation is for up to 50 percent of the
cost of the replacement or repair. To be
eligible for a grant, a city must be identified
by the council as a contributor of excessive
inflow and infiltration in the metropolitan
disposal system or have a measured flow rate
within 20 percent of its allowable
council-determined inflow and infiltration
limits. This is a onetime appropriation and is
available until June 30, 2024.
new text end

new text begin (d) $2,335,000 the second year is for grants
to cities and other public water suppliers to
replace the privately owned portion of
residential lead service lines. Grants from this
appropriation must first be used to supplement
any federal money provided to the state as
principal forgiveness or grants under Public
Law 117-58, the Infrastructure Investment and
Jobs Act, to cover 100 percent of the cost to
replace privately owned residential lead
service lines. Laborers and mechanics
performing work on a project funded by a
grant under this paragraph, including removal
of lead service lines and installation of
replacement service lines, must be paid the
prevailing wage rate for the work as defined
in Minnesota Statutes, section 177.42,
subdivision 6. The project is subject to the
requirements and enforcement provisions of
Minnesota Statutes, sections 177.30 and
177.41 to 177.45. This is a onetime
appropriation and is available until June 30,
2024. For the purposes of this appropriation,
"lead service line" has the meaning given
under Minnesota Statutes, section 473.121,
subdivision 38.
new text end

new text begin (e) $2,500,000 the second year is for
metropolitan area regional parks operation and
maintenance according to Minnesota Statutes,
section 473.351. This is a onetime
appropriation and is available until June 30,
2024.
new text end

new text begin (f) $750,000 the second year is from the
natural resources fund for metropolitan-area
regional parks and trails maintenance and
operations. This appropriation is from revenue
deposited in the natural resources fund under
Minnesota Statutes, section 297A.94,
paragraph (h), clause (3). This is a onetime
appropriation.
new text end

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

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $45,000 is added to the base in fiscal year
2024 only and is for purposes of the prairie
butterfly conservation program.
new text end

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

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin $500,000 the second year is to support the
Science Museum of Minnesota. This is a
onetime appropriation.
new text end

Sec. 9. new text begin EXPLORE MINNESOTA TOURISM new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 10,465,000 new text end

new text begin (a) $215,000 the second year is to build
additional administrative capacity to provide
support in the areas of brand strategy,
communications, and industry relations.
new text end

new text begin (b) $10,000,000 the second year is for a
tourism industry recovery grant program. The
grant program must provide money to
organizations, Tribal governments, and
communities to accelerate the recovery of the
state's tourism industry. Grant money may be
used to support meetings, conventions and
group business, multicommunity and
high-visibility events, and tourism marketing.
Explore Minnesota Tourism must accept
applications under this paragraph for at least
five business days beginning at 8:00 a.m. on
the first business day and, if total applications
exceed $10,000,000, the grants must be
awarded to eligible applicants at random until
the funding is exhausted. Of this amount,
Explore Minnesota Tourism must not retain
any portion for administrative costs. This is a
onetime appropriation.
new text end

new text begin (c) $250,000 the second year is for a grant to
the Grand Portage Band to focus tourism to
Grand Portage. This is a onetime
appropriation.
new text end

Sec. 10. new text begin MINNESOTA OUTDOOR RECREATION OFFICE new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 1,750,000 new text end

new text begin $1,750,000 the second year is for the
Minnesota Outdoor Recreation Office under
Minnesota Statutes, section 86A.50. The base
for this appropriation in fiscal year 2024 and
beyond is $250,000.
new text end

Sec. 11. new text begin UNIVERSITY OF MINNESOTA new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 180,000 new text end

new text begin $180,000 the second year is to develop a soil
health action plan, in consultation with the
Minnesota Office for Soil Health, the United
States Department of Agriculture's Natural
Resources Conservation Service, and other
state and federal agencies, academic
institutions, local governments, and
practitioners, that will provide
recommendations for standardized
specifications for soil health and related
conservation and climate protection practices
and projects to achieve soil health goals,
including recommendations for research,
implementation, outreach, and prioritization
of the use of future funding. By January 15,
2023, the plan must be submitted to the chairs
and ranking minority members of the house
of representatives and senate committees and
divisions with jurisdiction over agriculture
and environment and natural resources policy.
This is a onetime appropriation.
new text end

ARTICLE 2

STATUTORY CHANGES

Section 1.

Minnesota Statutes 2020, section 15A.0815, subdivision 3, is amended to read:

Subd. 3.

Group II salary limits.

The salary for a position listed in this subdivision shall
not exceed 120 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's website. This subdivision applies to
the following positions:

Executive director of Gambling Control Board;

Commissioner of Iron Range resources and rehabilitation;

Commissioner, Bureau of Mediation Services;

Ombudsman for mental health and developmental disabilities;

Ombudsperson for corrections;

Chair, Metropolitan Council;

School trust lands director;

Executive director of pari-mutuel racing; deleted text begin and
deleted text end

Commissioner, Public Utilities Commission new text begin ; and
new text end

new text begin Director of the Minnesota Outdoor Recreation Office new text end .

Sec. 2.

Minnesota Statutes 2020, section 18B.09, subdivision 2, is amended to read:

Subd. 2.

Authority.

new text begin (a) new text end Statutory and home rule charter cities may enact an ordinance new text begin ,
which may include penalty and enforcement provisions, new text end containing new text begin one or both of the
following:
new text end

new text begin (1) new text end the pesticide application warning information contained in subdivision 3 deleted text begin , including
their own licensing, penalty, and enforcement provisions. deleted text end new text begin ; and
new text end

new text begin (2) the pesticide prohibition contained in subdivision 4.
new text end

new text begin (b) new text end Statutory and home rule charter cities may not enact an ordinance deleted text begin that contains deleted text end more
restrictive deleted text begin pesticide application warning information deleted text end than deleted text begin is contained in subdivision deleted text end new text begin
subdivisions new text end 3 new text begin and 4 new text end .

Sec. 3.

Minnesota Statutes 2020, section 18B.09, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Application of certain pesticides prohibited. new text end

new text begin (a) A person may not apply or
use a pollinator-lethal pesticide within the geographic boundaries of a city that has enacted
an ordinance under subdivision 2 prohibiting such use.
new text end

new text begin (b) For purposes of this subdivision, "pollinator-lethal pesticide" means a pesticide that
has a pollinator protection box on the label or labeling or a pollinator, bee, or honey bee
precautionary statement in the environmental hazards section of the label or labeling.
new text end

new text begin (c) This subdivision does not apply to:
new text end

new text begin (1) pet care products used to mitigate fleas, mites, ticks, heartworms, or other animals
that are harmful to the health of a domesticated animal;
new text end

new text begin (2) personal care products used to mitigate lice and bedbugs;
new text end

new text begin (3) indoor pest control products used to mitigate insects indoors, including ant bait;
new text end

new text begin (4) a pesticide as used or applied by the Metropolitan Mosquito Control District for
public health protection if the pesticide includes vector species on the label; and
new text end

new text begin (5) a pesticide-treated wood product.
new text end

new text begin (d) The commissioner must maintain a list of pollinator-lethal pesticides on the
department's website.
new text end

Sec. 4.

Minnesota Statutes 2020, section 21.81, is amended by adding a subdivision to
read:

new text begin Subd. 5a. new text end

new text begin Coated agricultural seed. new text end

new text begin "Coated agricultural seed" means any seed unit
covered with a coating material.
new text end

Sec. 5.

Minnesota Statutes 2020, section 21.86, subdivision 2, is amended to read:

Subd. 2.

Miscellaneous violations.

No person may:

deleted text begin (a) deleted text end new text begin (1) new text end 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;

deleted text begin (b) deleted text end new text begin (2) new text end hinder or obstruct in any way any authorized person in the performance of duties
under sections 21.80 to 21.92;

deleted text begin (c) deleted text end new text begin (3) new text end 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;

deleted text begin (d) deleted text end new text begin (4) new text end use the word "type" in any labeling in connection with the name of any agricultural
seed variety;

deleted text begin (e) deleted text end new text begin (5) new text end use the word "trace" as a substitute for any statement which is required;

deleted text begin (f) deleted text end new text begin (6) new text end plant any agricultural seed which the person knows contains weed seeds or noxious
weed seeds in excess of the limits for that seed; deleted text begin or
deleted text end

deleted text begin (g) deleted text end new text begin (7) new text end 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 . deleted text end new text begin ; or
new text end

new text begin (8) use or sell as food, feed, oil, or ethanol feedstock any seed treated with neonicotinoid
pesticide.
new text end

Sec. 6.

new text begin [21.915] PESTICIDE-TREATED SEED USE AND DISPOSAL; CONSUMER
GUIDANCE REQUIRED.
new text end

new text begin (a) The commissioner, in consultation with the commissioner of the Pollution Control
Agency, must develop and maintain consumer guidance regarding the proper use and disposal
of seed treated with neonicotinoid pesticide.
new text end

new text begin (b) A person selling seed treated with neonicotinoid pesticide at retail must post in a
conspicuous location the guidance developed by the commissioner under paragraph (a).
new text end

Sec. 7.

new text begin [84.0345] PEAT SOIL GOAL.
new text end

new text begin It is the goal of the state of Minnesota to protect, restore, and enhance at least the
following amounts of the state's presettlement peat soils, or histosols, that were drained for
and as of August 1, 2022, are used for agricultural cultivation or pasture:
new text end

new text begin (1) 25 percent by August 1, 2030; and
new text end

new text begin (2) 50 percent by August 1, 2040.
new text end

Sec. 8.

new text begin [84.9735] INSECTICIDES ON STATE LANDS.
new text end

new text begin A person may not use a pesticide containing an insecticide in a wildlife management
area, state park, state forest, aquatic management area, or scientific and natural area if the
insecticide is from the neonicotinoid class of insecticides or contains chlorpyrifos.
new text end

Sec. 9.

Minnesota Statutes 2020, section 84D.02, subdivision 3, is amended to read:

Subd. 3.

Management plan.

new text begin By December 31, 2022, and every five years thereafter,
new text end the commissioner deleted text begin shall deleted text end new text begin must new text end prepare deleted text begin and maintain deleted text end a long-term plan, which may include
specific plans for individual species and actions, for the statewide management of invasive
species of aquatic plants and wild animals. The plan must address:

(1) coordinated detection and prevention of accidental introductions;

(2) coordinated dissemination of information about invasive species of aquatic plants
and wild animals among resource management agencies and organizations;

(3) a coordinated public education and awareness campaign;

(4) coordinated control of selected invasive species of aquatic plants and wild animals
on lands and public waters;

(5) participation by lake associations, local citizen groups, and local units of government
in the development and implementation of local management efforts;

(6) a reasonable and workable inspection requirement for watercraft and equipment
including those participating in organized events on the waters of the state;

(7) the closing of points of access to infested waters, if the commissioner determines it
is necessary, for a total of not more than seven days during the open water season for control
or eradication purposes;

(8) maintaining public accesses on infested waters to be reasonably free of aquatic
macrophytes; deleted text begin and
deleted text end

(9) notice to travelers of the penalties for violation of laws relating to invasive species
of aquatic plants and wild animals new text begin ; and
new text end

new text begin (10) the impacts of climate change on invasive species management new text end .

Sec. 10.

Minnesota Statutes 2020, section 85.015, subdivision 10, is amended to read:

Subd. 10.

Luce Line Trail, Hennepin, McLeod, and Meeker Counties.

(a) The trail
shall originate at Gleason Lake in Plymouth Village, Hennepin County, deleted text begin and shall deleted text end follow
the route of the Chicago Northwestern Railroad new text begin , and include a connection to Greenleaf Lake
State Recreation Area new text end .

(b) The trail shall be developed for multiuse wherever feasible. The department shall
cooperate in maintaining its integrity for modes of use consistent with local ordinances.

(c) In establishing, developing, maintaining, and operating the trail, the commissioner
shall cooperate with local units of government and private individuals and groups. Before
acquiring any parcel of land for the trail, the commissioner of natural resources shall develop
a management program for the parcel and conduct a public hearing on the proposed
management program in the vicinity of the parcel to be acquired. The management program
of the commissioner shall include but not be limited to the following:

deleted text begin (a) deleted text end new text begin (1) new text end fencing deleted text begin of deleted text end portions of the trail where necessary to protect adjoining landowners;
and

deleted text begin (b) the maintenance of deleted text end new text begin (2) maintaining new text end the trail in a deleted text begin litter free deleted text end new text begin litter-free new text end condition to the
extent practicable.

(d) The commissioner shall not acquire any of the right-of-way of the Chicago
Northwestern Railway Company until the abandonment of the line described in this
subdivision has been approved by the Surface Transportation Board or the former Interstate
Commerce Commission. Compensation, in addition to the value of the land, shall include
improvements made by the railroad, including but not limited to, bridges, trestles, public
road crossings, or any portion thereof, it being the desire of the railroad that such
improvements be included in the conveyance. The fair market value of the land and
improvements shall be recommended by two independent appraisers mutually agreed upon
by the parties. The fair market value thus recommended shall be reviewed by a review
appraiser agreed to by the parties, and the fair market value thus determined, and supported
by appraisals, may be the purchase price. The commissioner may exchange lands with
landowners abutting the right-of-way described in this section to eliminate diagonally shaped
separate fields.

Sec. 11.

Minnesota Statutes 2020, section 85A.01, subdivision 1, is amended to read:

Subdivision 1.

Creation.

(a) The Minnesota Zoological Garden is established under the
supervision and control of the Minnesota Zoological Board. The board consists of 30 public
and private sector members having a background or interest in zoological societies or zoo
management or an ability to generate community interest in the Minnesota Zoological
Garden. Fifteen members shall be appointed by the board after consideration of a list supplied
by board members serving on a nominating committee, and 15 members shall be appointed
by the governor. One member of the board must be a resident of Dakota County and shall
be appointed by the governor after consideration of the recommendation of the Dakota
County Board. Board appointees shall not be subject to the advice and consent of the senate.

(b) To the extent possible, the board and governor shall appoint members who are
residents of the various geographic regions of the state. Terms, compensation, and removal
of members are as provided in section 15.0575 new text begin , except that a member may be compensated
at the rate of up to $125 a day new text end . In making appointments, the governor and board shall utilize
the appointment process as provided under section 15.0597 and consider, among other
factors, the ability of members to garner support for the Minnesota Zoological Garden.

(c) A member of the board may not be an employee of or have a direct or immediate
family financial interest in a business that provides goods or services to the zoo. A member
of the board may not be an employee of the zoo.

Sec. 12.

new text begin [86A.50] MINNESOTA OUTDOOR RECREATION OFFICE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Minnesota Outdoor Recreation Office is established.
The governor, in consultation with the commissioner of natural resources and the director
of Explore Minnesota Tourism, must appoint the director of the Minnesota Outdoor
Recreation Office. The director's appointment is subject to the advice and consent of the
senate.
new text end

new text begin Subd. 2. new text end

new text begin Office; administration. new text end

new text begin The commissioner of administration must provide
administrative services for the Minnesota Outdoor Recreation Office. The Minnesota Outdoor
Recreation Office must have locations in the cities of Ely and Winona.
new text end

new text begin Subd. 3. new text end

new text begin Purpose; goals. new text end

new text begin The purpose of the Minnesota Outdoor Recreation Office is
to:
new text end

new text begin (1) increase participation in outdoor recreation by advancing equity, diversity, and
inclusivity across the state's outdoor recreation sector;
new text end

new text begin (2) unite the state's outdoor recreation community; and
new text end

new text begin (3) unify communications among the state's diverse outdoor recreation sector by
developing a shared narrative about the health, economic, and other benefits of outdoor
recreation.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin To achieve the purposes of the Minnesota Outdoor Recreation Office,
the director must:
new text end

new text begin (1) increase participation by:
new text end

new text begin (i) bringing outdoor recreation stakeholders together, including historically
underrepresented populations, to develop a shared strategy to build community, improve
cultural relevance, foster relationships, and facilitate an inclusive and safe outdoor recreation
experience for all;
new text end

new text begin (ii) creating and implementing a marketing strategy to coordinate across public and
private entities that welcomes historically underrepresented populations into the outdoor
recreation community;
new text end

new text begin (iii) welcoming and integrating underrepresented populations as customers, owners,
employees, and vendors of outdoor recreation agencies, groups, and businesses;
new text end

new text begin (iv) identifying and developing solutions to overcome barriers such as cost and
transportation and creating new ways for accessing outdoor recreation activities;
new text end

new text begin (v) promoting and facilitating a culture of welcoming everyone outdoors by practicing
inclusivity and ensuring that historically underrepresented populations are equally valued;
new text end

new text begin (vi) promoting conservation strategies that connect diverse outdoor recreation groups
under a unified mission;
new text end

new text begin (vii) reviewing outdoor recreation trends and use patterns provided by the commissioner
of natural resources, Explore Minnesota Tourism, and other agencies; and
new text end

new text begin (viii) identifying what the public feels is missing in outdoor recreation and then
collaborating with other state agencies, residents, and businesses to provide those
opportunities;
new text end

new text begin (2) unite the state's outdoor recreation community by:
new text end

new text begin (i) bringing together users, government agencies, nonprofit organizations, for-profit
companies, and Tribal governments with an interest in outdoor recreation to build a united
community, drive relationships, and facilitate a shared vision for outdoor recreation in
Minnesota;
new text end

new text begin (ii) identifying stewardship and conservation priorities that will bring together diverse
outdoor stakeholders around a common goal;
new text end

new text begin (iii) annually convening outdoor recreation stakeholders, including underrepresented
populations, and measuring and sharing the benefits of coordinating at the event;
new text end

new text begin (iv) developing coordinated messaging and welcoming new narratives for Minnesota's
outdoors;
new text end

new text begin (v) ensuring all of Minnesota's varied geographies, landscapes, and recreation
opportunities are positioned as equal tenants within Minnesota's brand;
new text end

new text begin (vi) building, strengthening, and growing public-private partnerships at local, regional,
state, national, and international levels to unite the outdoor recreation community;
new text end

new text begin (vii) encouraging private sector partnerships to recognize the market potential of
historically underrepresented audiences;
new text end

new text begin (viii) promoting partnerships between communities, conservation, and stewardship
groups as well as outdoor user groups to maintain recreational infrastructure and preserve
Minnesota's natural spaces; and
new text end

new text begin (ix) encouraging conservation and outdoor recreation groups to work together more for
the common good; and
new text end

new text begin (3) unify communications by:
new text end

new text begin (i) defining and promoting Minnesota's unique value as a world-class inclusive outdoor
destination;
new text end

new text begin (ii) developing new communication mediums such as applications and mobile-first
strategies to reach target audiences;
new text end

new text begin (iii) strengthening land and water stewardship messaging and education in order to grow
public investment and attention from people who will help steward Minnesota's outdoor
resources;
new text end

new text begin (iv) developing best practices for outdoor recreation communication for the commissioner
of natural resources and Explore Minnesota Tourism;
new text end

new text begin (v) developing methods to amplify communication resources and to do more with less
through communication partnership creation and focusing these efforts both in and outside
Minnesota; and
new text end

new text begin (vi) measuring and communicating the return on investment of outdoor recreation
investments, specifically focused on measurable economic, health, and well-being benefits.
new text end

new text begin Subd. 5. new text end

new text begin Powers. new text end

new text begin The director of the Minnesota Outdoor Recreation Office may:
new text end

new text begin (1) direct and control money appropriated to the director;
new text end

new text begin (2) apply for, receive, and spend money for the purposes of this section;
new text end

new text begin (3) employ assistants and other officers, employees, and agents that the director considers
necessary for the purposes of this section;
new text end

new text begin (4) enter into interdepartmental agreements with any other state agency; and
new text end

new text begin (5) enter into joint powers agreements under chapter 471.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By January 15 each year, the director of the Minnesota Outdoor
Recreation Office must submit a report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over the environment and natural
resources and tourism on the office's performance in achieving its purpose under subdivision
3 and how money appropriated to the office was expended.
new text end

Sec. 13.

new text begin [86B.30] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section apply to sections 86B.30
to 86B.341.
new text end

new text begin Subd. 2. new text end

new text begin Accompanying operator. new text end

new text begin "Accompanying operator" means a person 21 years
of age or older who:
new text end

new text begin (1) is in a personal watercraft or other type of motorboat;
new text end

new text begin (2) is within immediate reach of the controls of the motor; and
new text end

new text begin (3) possesses a valid operator's permit or is an exempt operator.
new text end

new text begin Subd. 3. new text end

new text begin Adult operator. new text end

new text begin "Adult operator" means a motorboat operator, including a
personal watercraft operator, who is 12 years of age or older and who was:
new text end

new text begin (1) effective July 1, 2024, born on or after July 1, 2003;
new text end

new text begin (2) effective July 1, 2025, born on or after July 1, 1999;
new text end

new text begin (3) effective July 1, 2026, born on or after July 1, 1995; and
new text end

new text begin (4) effective July 1, 2027, born on or after July 1, 1987.
new text end

new text begin Subd. 4. new text end

new text begin Exempt operator. new text end

new text begin "Exempt operator" means a motorboat operator, including
a personal watercraft operator, who is 12 years of age or older and who:
new text end

new text begin (1) possesses a valid license to operate a motorboat issued for maritime personnel by
the United States Coast Guard under Code of Federal Regulations, title 46, part 10, or a
marine certificate issued by the Canadian government;
new text end

new text begin (2) is not a resident of the state or country, is temporarily using the waters of the state
for a period not to exceed 60 days, and:
new text end

new text begin (i) meets any applicable requirements of the state of residency; or
new text end

new text begin (ii) possesses a Canadian pleasure craft operator's card;
new text end

new text begin (3) is operating a motorboat under a dealer's license according to section 86B.405; or
new text end

new text begin (4) is operating a motorboat during an emergency.
new text end

new text begin Subd. 5. new text end

new text begin Motorboat rental business. new text end

new text begin "Motorboat rental business" means a person
engaged in the business of renting or leasing motorboats, including personal watercraft, for
a period not exceeding 30 days. Motorboat rental business includes a person's agents and
employees.
new text end

new text begin Subd. 6. new text end

new text begin Young operator. new text end

new text begin "Young operator" means a motorboat operator, including a
personal watercraft operator, younger than 12 years of age.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 14.

new text begin [86B.302] WATERCRAFT OPERATOR'S PERMIT.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The commissioner must issue a watercraft operator's permit
to a person 12 years of age or older who successfully completes a water safety course and
written test according to section 86B.304, paragraph (a), or who provides proof of completion
of a program subject to a reciprocity agreement or certified by the commissioner as
substantially similar.
new text end

new text begin Subd. 2. new text end

new text begin Issuing permit to certain young operators. new text end

new text begin The commissioner may issue a
permit under this section to a person who is at least 11 years of age, but the permit is not
valid until the person becomes an adult operator.
new text end

new text begin Subd. 3. new text end

new text begin Personal possession required. new text end

new text begin (a) A person who is required to have a watercraft
operator's permit must have in personal possession:
new text end

new text begin (1) a valid watercraft operator's permit;
new text end

new text begin (2) a driver's license that has a valid watercraft operator's permit indicator issued under
section 171.07, subdivision 20; or
new text end

new text begin (3) an identification card that has a valid watercraft operator's permit indicator issued
under section 171.07, subdivision 20.
new text end

new text begin (b) A person who is required to have a watercraft operator's permit must display one of
the documents described in paragraph (a) to a conservation officer or peace officer upon
request.
new text end

new text begin Subd. 4. new text end

new text begin Using electronic device to display proof of permit. new text end

new text begin If a person uses an
electronic device to display a document described in subdivision 3 to a conservation officer
or peace officer:
new text end

new text begin (1) the officer is immune from liability for any damage to the device, unless the officer
does not exercise due care in handling the device; and
new text end

new text begin (2) this does not constitute consent for the officer to access other contents on the device.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 15.

new text begin [86B.303] OPERATING PERSONAL WATERCRAFT AND OTHER
MOTORBOATS.
new text end

new text begin Subdivision 1. new text end

new text begin Adult operators. new text end

new text begin An adult operator may not operate a motorboat,
including a personal watercraft, unless:
new text end

new text begin (1) the adult operator possesses a valid watercraft operator's permit;
new text end

new text begin (2) the adult operator is an exempt operator; or
new text end

new text begin (3) an accompanying operator is in the motorboat.
new text end

new text begin Subd. 2. new text end

new text begin Young operators. new text end

new text begin (a) A young operator may not operate a personal watercraft
or any motorboat powered by a motor with a factory rating of more than 75 horsepower.
new text end

new text begin (b) A young operator may operate a motorboat that is not a personal watercraft and that
is powered by a motor with a factory rating of up to 75 horsepower if an accompanying
operator is in the motorboat.
new text end

new text begin Subd. 3. new text end

new text begin Accompanying operators. new text end

new text begin For purposes of this section and section 169A.20,
an accompanying operator, as well as the actual operator, is operating and is in physical
control of a motorboat.
new text end

new text begin Subd. 4. new text end

new text begin Owners may not allow unlawful use. new text end

new text begin An owner or other person in lawful
control of a motorboat may not allow the motorboat to be operated contrary to this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 16.

new text begin [86B.304] WATERCRAFT SAFETY PROGRAM.
new text end

new text begin (a) The commissioner must establish a water safety course and testing program for
personal watercraft and watercraft operators and must prescribe a written test as part of the
course. The course must be approved by the National Association of State Boating Law
Administrators and must be available online. The commissioner may allow designated water
safety courses administered by third parties to meet the requirements of this paragraph and
may enter into reciprocity agreements or otherwise certify boat safety education programs
from other states that are substantially similar to in-state programs. The commissioner must
establish a working group of interested parties to develop course content and implementation.
The course must include content on aquatic invasive species mitigation best management
practices, reducing conflicts among user groups, and limiting the ecological impacts of
watercraft.
new text end

new text begin (b) The commissioner must create or designate a short boater safety examination to be
administered by motorboat rental businesses, as required by section 86B.306, subdivision
3. The examination developed pursuant to this paragraph must be one that can be
administered electronically or on paper, at the option of the motorboat rental business
administering the examination.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 17.

new text begin [86B.306] MOTORBOAT RENTAL BUSINESSES.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin A motorboat rental business must not rent or lease a
motorboat, including a personal watercraft, to any person for operation on the waters of the
state unless the renter or lessee:
new text end

new text begin (1) has a valid watercraft operator's permit or is an exempt operator; and
new text end

new text begin (2) is 18 years of age or older.
new text end

new text begin Subd. 2. new text end

new text begin Authorized operators. new text end

new text begin A motorboat rental business must list on each motorboat
rental or lease agreement the name and age of each operator who is authorized to operate
the motorboat or personal watercraft. The renter or lessee of the motorboat must ensure that
only listed authorized operators operate the motorboat or personal watercraft.
new text end

new text begin Subd. 3. new text end

new text begin Summary of boating regulations; examination. new text end

new text begin (a) A motorboat rental
business must provide each authorized operator a summary of the statutes and rules governing
operation of motorboats and personal watercraft in the state and instructions for safe
operation.
new text end

new text begin (b) Each authorized operator must review the summary provided under this subdivision
and must take a short boater safety examination in a form approved by the commissioner
before the motorboat or personal watercraft leaves the motorboat rental business premises,
unless the authorized operator has taken the examination during the previous 60 days.
new text end

new text begin Subd. 4. new text end

new text begin Safety equipment for personal watercraft. new text end

new text begin A motorboat rental business must
provide at no additional cost a United States Coast Guard (USCG) approved wearable
personal flotation device with a USCG label indicating it either is approved for or does not
prohibit use with personal watercraft or water-skiing and any other required safety equipment
to all persons who rent a personal watercraft.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 18.

Minnesota Statutes 2020, section 86B.313, subdivision 4, is amended to read:

Subd. 4.

Dealers and rental operations.

(a) A dealer of personal watercraft shall
distribute a summary of the laws and rules governing the operation of personal watercraft
and, upon request, shall provide instruction to a purchaser regarding:

(1) the laws and rules governing personal watercraft; and

(2) the safe operation of personal watercraft.

(b) deleted text begin A person who offers personal watercraft for rent:
deleted text end

deleted text begin (1) shall provide a summary of the laws and rules governing the operation of personal
watercraft and provide instruction regarding the laws and rules and the safe operation of
personal watercraft to each person renting a personal watercraft;
deleted text end

deleted text begin (2) shall provide a United States Coast Guard (USCG) approved wearable personal
flotation device with a USCG label indicating it either is approved for or does not prohibit
use with personal watercraft or water-skiing and any other required safety equipment to all
persons who rent a personal watercraft at no additional cost; and
deleted text end

deleted text begin (3) shall require that a watercraft operator's permit from this state or from the operator's
state of residence be shown each time a personal watercraft is rented to any person younger
than age 18 and shall record the permit on the form provided by the commissioner.
deleted text end

deleted text begin (c) deleted text end Each dealer of personal watercraft deleted text begin or person offering personal watercraft for rent deleted text end
shall have the person who purchases deleted text begin or rents deleted text end a personal watercraft sign a form provided by
the commissioner acknowledging that the purchaser or renter has been provided a copy of
the laws and rules regarding personal watercraft operation and has read them. The form
must be retained by the dealer deleted text begin or person offering personal watercraft for rent deleted text end for a period
of six months following the date of signature and must be made available for inspection by
sheriff's deputies or conservation officers during normal business hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 19.

Minnesota Statutes 2020, section 89A.03, subdivision 5, is amended to read:

Subd. 5.

Membership regulation.

Terms, compensation, nomination, appointment, and
removal of council members are governed by section 15.059 new text begin , except that a council member
may be compensated at the rate of up to $125 a day new text end .

Sec. 20.

Minnesota Statutes 2020, section 90.181, subdivision 2, is amended to read:

Subd. 2.

Deferred payments.

(a) If the amount of the statement is not paid new text begin or payment
is not postmarked new text end within 30 days of the new text begin statement new text end date deleted text begin thereof, it shall bear deleted text end new text begin , the amount
bears new text end interest at the rate determined pursuant to section 16A.124, except that the purchaser
deleted text begin shall not be deleted text end new text begin is not new text end required to pay interest that totals $1 or less. If the amount is not paid
within 60 days, the commissioner shall place the account in the hands of the commissioner
of revenue according to chapter 16D, who shall proceed to collect the deleted text begin same deleted text end new text begin amount due new text end .
When deemed in the best interests of the state, the commissioner shall take possession of
the timber for which an amount is due wherever it may be found and sell the deleted text begin same deleted text end new text begin timber new text end
informally or at public auction after giving reasonable notice.

(b) The proceeds of the sale deleted text begin shall deleted text end new text begin must new text end be applied, first, to the payment of the expenses
of seizure and sale deleted text begin ; deleted text end and, second, to the payment of the amount due for the timber, with
interest deleted text begin ; and deleted text end new text begin . new text end The surplus, if any, deleted text begin shall belong deleted text end new text begin belongs new text end to the state deleted text begin ; and, deleted text end new text begin . new text end In case a sufficient
amount is not realized to pay these amounts in full, the balance deleted text begin shall deleted text end new text begin must new text end be collected by
the attorney general. deleted text begin Neither deleted text end Payment of the amount, deleted text begin nor the deleted text end recovery of judgment deleted text begin therefor deleted text end new text begin
for the amount new text end , deleted text begin nor deleted text end satisfaction of the judgment, deleted text begin nor the deleted text end new text begin or new text end seizure and sale of timber deleted text begin , shall deleted text end new text begin
does not:
new text end

new text begin (1) new text end release the sureties on any security deposit given pursuant to this chapter deleted text begin , or deleted text end new text begin ;
new text end

new text begin (2) new text end preclude the state from afterwards claiming that the timber was cut or removed
contrary to law and recovering damages for the trespass thereby committed deleted text begin , deleted text end new text begin ; new text end or

new text begin (3) preclude the state new text end from prosecuting the offender criminally.

Sec. 21.

Minnesota Statutes 2020, section 97A.015, is amended by adding a subdivision
to read:

new text begin Subd. 32b. new text end

new text begin Native swan. new text end

new text begin "Native swan" means trumpeter swans and tundra swans and
does not include mute swans.
new text end

Sec. 22.

Minnesota Statutes 2020, section 97A.126, as amended by Laws 2021, First
Special Session chapter 6, article 2, section 52, is amended to read:

97A.126 WALK-IN ACCESS PROGRAM.

Subdivision 1.

Establishment.

A walk-in access program is established to provide public
access to wildlife habitat on private land for hunting, new text begin bird-watching, nature photography,
and similar compatible uses, new text end excluding trapping, as provided under this section. The
commissioner may enter into agreements with other units of government and landowners
to provide private land hunting access.

Subd. 2.

Use of enrolled lands.

(a) From September 1 to May 31, a person must have
a walk-in access deleted text begin hunter deleted text end validation in possession to hunt new text begin , photograph, and watch wildlife new text end on
private lands, including agricultural lands, that are posted as being enrolled in the walk-in
access program.

(b) Hunting new text begin , bird-watching, nature photography, and similar compatible uses new text end on private
lands that are posted as enrolled in the walk-in access program deleted text begin is deleted text end new text begin are new text end allowed from one-half
hour before sunrise to one-half hour after sunset.

(c) deleted text begin Hunter deleted text end Access on private lands that are posted as enrolled in the walk-in access
program is restricted to nonmotorized use, except by deleted text begin hunters deleted text end new text begin persons new text end with disabilities
operating motor vehicles on established trails or field roads who possess a valid permit to
shoot from a stationary vehicle under section 97B.055, subdivision 3.

(d) The general provisions for use of wildlife management areas adopted under sections
86A.06 and 97A.137, relating to overnight use, alcoholic beverages, use of motorboats,
firearms and target shooting, hunting stands, abandonment of trash and property, destruction
or removal of property, introduction of plants or animals, and animal trespass, apply to
deleted text begin hunters on deleted text end new text begin use of new text end lands enrolled in the walk-in access program.

(e) Any use of enrolled lands other than deleted text begin hunting according to deleted text end new text begin use authorized under new text end this
section is prohibited, including:

(1) harvesting bait, including minnows, leeches, and other live bait;

(2) training dogs or using dogs for activities other than hunting; and

(3) constructing or maintaining any building, dock, fence, billboard, sign, hunting blind,
or other structure, unless constructed or maintained by the landowner.

Subd. 3.

Walk-in-access deleted text begin hunter deleted text end validation; fee.

The fee for a walk-in-access deleted text begin hunter deleted text end
validation is $3.

Sec. 23.

Minnesota Statutes 2020, section 97A.137, subdivision 3, is amended to read:

Subd. 3.

Use of motorized vehicles by deleted text begin disabled hunters deleted text end new text begin people with disabilities new text end .

The
commissioner may deleted text begin issue deleted text end new text begin provide an accommodation by issuing new text end a special permit, without a
fee, authorizing a deleted text begin hunter deleted text end new text begin person new text end with a deleted text begin permanent physical deleted text end disability to use deleted text begin a snowmobile,
highway-licensed vehicle, all-terrain vehicle, deleted text end new text begin an other power-driven mobility device, as
defined under Code of Federal Regulations, title 28, section 35.104, new text end or new text begin a new text end motor boat in
wildlife management areas. To qualify for a permit under this subdivision, the deleted text begin disabled deleted text end
person must deleted text begin possess:
deleted text end

deleted text begin (1) the required hunting licenses; and
deleted text end

deleted text begin (2) a permit to shoot from a stationary vehicle under section 97B.055, subdivision 3. deleted text end new text begin
provide credible assurance to the commissioner that the device or motor boat is used because
of a disability.
new text end

Sec. 24.

Minnesota Statutes 2020, section 97A.475, subdivision 41, is amended to read:

Subd. 41.

Turtle deleted text begin licenses deleted text end new text begin license new text end .

deleted text begin (a) The fee for a turtle seller's license to sell turtles
and to take, transport, buy, and possess turtles for sale is $250.
deleted text end

deleted text begin (b) deleted text end The fee for a recreational turtle license to take, transport, and possess turtles for
personal use is $25.

deleted text begin (c) The fee for a turtle seller's apprentice license is $100.
deleted text end

Sec. 25.

new text begin [97B.673] NONTOXIC SHOT REQUIRED FOR TAKING SMALL GAME
IN CERTAIN AREAS.
new text end

new text begin Subdivision 1. new text end

new text begin Nontoxic shot on wildlife management areas in farmland zone. new text end

new text begin After
July 1, 2023, a person may not take small game, rails, or common snipe on any wildlife
management area within the farmland zone with shot other than:
new text end

new text begin (1) steel shot;
new text end

new text begin (2) copper-plated, nickel-plated, or zinc-plated steel shot; or
new text end

new text begin (3) shot made of other nontoxic material approved by the director of the United States
Fish and Wildlife Service.
new text end

new text begin Subd. 2. new text end

new text begin Farmland zone. new text end

new text begin For the purposes of this section, the farmland zone is the
portion of the state that falls south and west of Minnesota Highway 70 westward from the
Wisconsin border to Minnesota Highway 65 to Minnesota Highway 23 to U.S. Highway
169 at Milaca to Minnesota Highway 18 at Garrison to Minnesota Highway 210 at Brainerd
to U.S. Highway 10 at Motley to U.S. Highway 59 at Detroit Lakes northward to the
Canadian border.
new text end

Sec. 26.

new text begin [97B.735] SWANS.
new text end

new text begin A person who takes, harasses, destroys, buys, sells, possesses, transports, or ships a
native swan in violation of the game and fish laws is guilty of a gross misdemeanor.
new text end

Sec. 27.

Minnesota Statutes 2020, section 97C.605, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Resident angling license required deleted text end new text begin Taking turtles; requirements new text end .

deleted text begin In
addition to any other license required in this section, deleted text end new text begin (a) new text end A person may not take, possess,
or transport turtles without a resident angling license deleted text begin , except as provided in subdivision 2c deleted text end new text begin
and a recreational turtle license new text end .

new text begin (b) Turtles taken from the wild are for personal use only and may not be resold.
new text end

Sec. 28.

Minnesota Statutes 2020, section 97C.605, subdivision 2c, is amended to read:

Subd. 2c.

License exemptions.

new text begin (a) new text end A person does not need deleted text begin a turtle seller's license or an
angling license deleted text end new text begin the licenses specified under subdivision 1 new text end :

deleted text begin (1) when buying turtles for resale at a retail outlet;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end when buying a turtle at a retail outlet; new text begin or
new text end

deleted text begin (3) if the person is a nonresident buying a turtle from a licensed turtle seller for export
out of state. Shipping documents provided by the turtle seller must accompany each shipment
exported out of state by a nonresident. Shipping documents must include: name, address,
city, state, and zip code of the buyer; number of each species of turtle; and name and license
number of the turtle seller; or
deleted text end

deleted text begin (4) deleted text end new text begin (2) new text end to take, possess, and rent deleted text begin or sell deleted text end up to 25 turtles greater than four inches in length
for the purpose of providing the turtles to participants at a nonprofit turtle race, if the person
is a resident under age 18. The person is responsible for the well-being of the turtles.

new text begin (b) A person with an aquatic farm license with a turtle endorsement or a private fish
hatchery license with a turtle endorsement may sell, obtain, possess, transport, and propagate
turtles and turtle eggs according to Minnesota Rules, part 6256.0900, without the licenses
specified under subdivision 1.
new text end

Sec. 29.

Minnesota Statutes 2021 Supplement, section 97C.605, subdivision 3, is amended
to read:

Subd. 3.

Taking; methods prohibited.

deleted text begin (a) deleted text end A person may not take turtles by using:

(1) explosives, drugs, poisons, lime, and other harmful substances;

(2) traps deleted text begin , except as provided in paragraph (b) and rules adopted under this section deleted text end ;

(3) nets other than anglers' fish landing nets;

(4) commercial equipment deleted text begin , except as provided in rules adopted under this section deleted text end ;

(5) firearms and ammunition;

(6) bow and arrow or crossbow; or

(7) spears, harpoons, or any other implements that impale turtles.

deleted text begin (b) Until new rules are adopted under this section, a person with a turtle seller's license
may take turtles with a floating turtle trap that:
deleted text end

deleted text begin (1) has one or more openings above the water surface that measure at least ten inches
by four inches; and
deleted text end

deleted text begin (2) has a mesh size of not less than one-half inch, bar measure.
deleted text end

Sec. 30.

Minnesota Statutes 2021 Supplement, section 97C.611, is amended to read:

97C.611 TURTLE SPECIES; LIMITS.

Subdivision 1.

Snapping turtles.

A person may not possess more than three snapping
turtles of the species Chelydra serpentina deleted text begin without a turtle seller's license deleted text end . Until new rules
are adopted under section 97C.605, a person may not take snapping turtles of a size less
than ten inches wide including curvature, measured from side to side across the shell at
midpoint. After new rules are adopted under section 97C.605, a person may only take
snapping turtles of a size specified in the adopted rules.

Subd. 2.

Western painted turtles.

(a) A person may not possess more than three Western
painted turtles of the species Chrysemys picta deleted text begin without a turtle seller's license deleted text end . Western
painted turtles must be between 4 and 5-1/2 inches in shell length.

(b) This subdivision does not apply to persons acting under section 97C.605, subdivision
2c, new text begin paragraph (a), new text end clause deleted text begin (4) deleted text end new text begin (2) new text end .

Subd. 3.

Spiny softshell.

A person may not possess spiny softshell turtles of the species
Apalone spinifera deleted text begin after December 1, 2021 deleted text end , without an aquatic farm or private fish hatchery
license with a turtle endorsement.

Subd. 4.

Other species.

A person may not possess any other species of turtle deleted text begin without deleted text end new text begin
except with new text end an aquatic farm or private fish hatchery license with a turtle endorsement or as
specified under section 97C.605, subdivision 2c.

Sec. 31.

Minnesota Statutes 2020, section 103B.101, subdivision 2, is amended to read:

Subd. 2.

Voting members.

(a) The members are:

(1) three county commissioners;

(2) three soil and water conservation district supervisors;

(3) three watershed district or watershed management organization representatives;

(4) three citizens who are not employed by, or the appointed or elected officials of, a
state governmental office, board, or agency;

(5) one township officer;

(6) two elected city officials, one of whom must be from a city located in the metropolitan
area, as defined under section 473.121, subdivision 2;

(7) the commissioner of agriculture;

(8) the commissioner of health;

(9) the commissioner of natural resources;

(10) the commissioner of the Pollution Control Agency; and

(11) the director of the University of Minnesota Extension Service.

(b) Members in paragraph (a), clauses (1) to (6), must be distributed across the state
with at least four members but not more than six members from the metropolitan area, as
defined by section 473.121, subdivision 2.

(c) Members in paragraph (a), clauses (1) to (6), are appointed by the governor. In making
the appointments, the governor may consider persons recommended by the Association of
Minnesota Counties, the Minnesota Association of Townships, the League of Minnesota
Cities, the Minnesota Association of Soil and Water Conservation Districts, and the
Minnesota Association of Watershed Districts. The list submitted by an association must
contain at least three nominees for each position to be filled.

(d) The membership terms, compensation, removal of members and filling of vacancies
on the board for members in paragraph (a), clauses (1) to (6), are as provided in section
15.0575 new text begin , except that a member may be compensated at the rate of up to $125 a day new text end .

Sec. 32.

Minnesota Statutes 2020, section 103B.103, is amended to read:

103B.103 EASEMENT STEWARDSHIP ACCOUNTS.

Subdivision 1.

Accounts established; sources.

(a) The water and soil conservation
easement stewardship account and the mitigation easement stewardship account are created
in the special revenue fund. The accounts consist of money credited to the accounts and
interest and other earnings on money in the accounts. The State Board of Investment must
manage the accounts to maximize long-term gain.

(b) Revenue from contributions and money appropriated for any purposes of the account
as described in subdivision 2 must be deposited in the water and soil conservation easement
stewardship account. Revenue from contributions, deleted text begin wetland banking deleted text end new text begin mitigation new text end fees designated
for stewardship purposes by the board, easement stewardship payments authorized under
subdivision 3, and money appropriated for any purposes of the account as described in
subdivision 2 must be deposited in the mitigation easement stewardship account.

Subd. 2.

Appropriation; purposes of accounts.

new text begin (a) new text end Five percent of the balance on July
1 each year in the water and soil conservation easement stewardship account and five percent
of the balance on July 1 each year in the mitigation easement stewardship account are
annually appropriated to the board and may be spent deleted text begin only deleted text end to cover the costs of managing
easements held by the board, including costs associated with new text begin :
new text end

new text begin (1) repairing or replacing structures;
new text end

new text begin (2) new text end monitoring deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) new text end landowner contacts deleted text begin , deleted text end new text begin ;
new text end

new text begin (4) new text end records storage and management deleted text begin , deleted text end new text begin ;
new text end

new text begin (5) new text end processing landowner notices deleted text begin , deleted text end new text begin ;
new text end

new text begin (6) new text end requests for approval or amendments deleted text begin , deleted text end new text begin ;
new text end

new text begin (7) new text end enforcement deleted text begin , deleted text end new text begin ; new text end and

new text begin (8) new text end legal services associated with easement management activities.

new text begin (b) In addition to the amounts appropriated under paragraph (a), up to ten percent of the
balance on July 1 each year in the water and soil conservation easement stewardship account
and up to ten percent of the balance on July 1 each year in the mitigation easement
stewardship account are annually appropriated to the board for emergency repair and
replacement of water control structures when the amount appropriated in paragraph (a) is
insufficient to cover the costs. The board must include a summary of how money appropriated
under this paragraph in the prior two fiscal years was used in the report required under
section 103B.101, subdivision 9, paragraph (a), clause (7).
new text end

Subd. 3.

Financial contributions.

The board shall seek a financial contribution to the
water and soil conservation easement stewardship account for each conservation easement
acquired by the board. The board shall seek a financial contribution or assess an easement
stewardship payment to the mitigation easement stewardship account for each wetland
deleted text begin banking deleted text end new text begin mitigation new text end easement acquired by the board. Unless otherwise provided by law, the
board shall determine the amount of the contribution or payment, which must be an amount
calculated to earn sufficient money to meet the costs of managing the easement at a level
that neither significantly overrecovers nor underrecovers the costs. In determining the
amount of the financial contribution, the board shall consider:

(1) the estimated annual staff hours needed to manage the conservation easement, taking
into consideration factors such as easement type, size, location, and complexity;

(2) the average hourly wages for the class or classes of state and local employees expected
to manage the easement;

(3) the estimated annual travel expenses to manage the easement;

(4) the estimated annual miscellaneous costs to manage the easement, including supplies
and equipment, information technology support, and aerial flyovers;

(5) the estimated annualized costs of legal services, including the cost to enforce the
easement in the event of a violation; deleted text begin and
deleted text end

new text begin (6) the estimated annualized costs for repairing or replacing water control structures;
and
new text end

deleted text begin (6) deleted text end new text begin (7) new text end the expected rate of return on investments in the account.

new text begin EFFECTIVE DATE. new text end

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

Sec. 33.

new text begin [103B.104] LAWNS TO LEGUMES PROGRAM.
new text end

new text begin The Board of Water and Soil Resources must establish a program to provide grants or
payments to plant residential lawns with native vegetation and pollinator-friendly forbs and
legumes to protect a diversity of pollinators. The board must establish criteria for grants or
payments awarded under this section. Grants or payments awarded under this section may
be made for up to 75 percent of the costs of the project, except that, in areas identified by
the United States Fish and Wildlife Service as areas where there is a high potential for rusty
patched bumble bees to be present, grants may be awarded for up to 90 percent of the costs
of the project.
new text end

Sec. 34.

new text begin [103C.701] SOIL HEALTH GOALS.
new text end

new text begin The state of Minnesota's soil health goals are that:
new text end

new text begin (1) at least 5,750,000 acres employ cover crops, perennial crops, no-till, or managed
rotational grazing by 2030;
new text end

new text begin (2) at least 11,500,000 acres employ cover crops, perennial crops, no-till, or managed
rotational grazing by 2035; and
new text end

new text begin (3) at least 23,000,000 acres employ cover crops, perennial crops, no-till, or managed
rotational grazing by 2040.
new text end

Sec. 35.

new text begin [103E.122] DRAINAGE REGISTRY INFORMATION PORTAL.
new text end

new text begin (a) The executive director of the Board of Water and Soil Resources must establish and
maintain a drainage registry information portal that includes a searchable electronic database
of all documents initiating proceedings and nonpetitioned repairs under this chapter. The
database must permit members of the public to easily search for and retrieve documents by:
new text end

new text begin (1) the name of the county or watershed district where the petition or document was
filed;
new text end

new text begin (2) the type of petition or document filed;
new text end

new text begin (3) the date of the petition or document; and
new text end

new text begin (4) other identifiers that allow members of the public to easily access information on
the proceeding or repair.
new text end

new text begin (b) For each proceeding, the database must include the contact information for a local
contact that can provide additional information on the proceeding or repair.
new text end

new text begin (c) For any proceeding or nonpetitioned repair brought under this chapter, the drainage
authority must file with the executive director an electronic copy of the petition or other
document initiating the drainage project or repair. The petition or other document must be
filed within ten calendar days of filing the petition or other document with the county auditor
or secretary or, for nonpetitioned repairs, within ten days of ordering the repair. A drainage
authority may not take any action on a drainage proceeding or repair if the proceeding does
not comply with this section.
new text end

new text begin (d) For any repair or maintenance undertaken under this chapter without a petition, the
drainage authority must file with the executive director an electronic copy of the drainage
inspection report or other document initiating the repair or maintenance within ten calendar
days of the drainage inspection report or other document being presented to the drainage
authority. A drainage authority may not take any action on a drainage inspector's report or
otherwise order a repair or maintenance until the drainage inspector's report has been posted
on the drainage registry information portal for 30 days.
new text end

Sec. 36.

new text begin [103F.49] SOIL HEALTH COST-SHARE PROGRAM.
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 terms in this subdivision
have the meanings given.
new text end

new text begin (b) "Board" means the Board of Water and Soil Resources.
new text end

new text begin (c) "Local units of government" has the meaning given under section 103B.305,
subdivision 5.
new text end

new text begin (d) "Soil health" has the meaning given under section 103C.101, subdivision 10a.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The board must administer a cost-share program consistent
with section 103C.501 to establish soil health practices that mitigate climate change impacts,
improve water quality, and provide related public benefits.
new text end

new text begin Subd. 3. new text end

new text begin Financial assistance. new text end

new text begin (a) The board may provide financial assistance to local
units of government, private sector providers, and farmers for the costs of soil health and
related water-quality practices consistent with a plan approved according to chapter 103B,
103C, or 103D. The board must establish costs eligible for financial and technical assistance
under this section.
new text end

new text begin (b) The board may enter into agreements with local units of government receiving
financial assistance under this subdivision.
new text end

new text begin (c) Financial assistance under this subdivision must give priority to multiyear contracts
and to leveraging contributions from nonstate sources.
new text end

new text begin (d) Financial assistance under this subdivision must give priority to multiyear contracts
that prioritize long-term soil health practices, including but not limited to no-till, field
borders, prairie strips, and other practices sanctioned by the board or the United States
Department of Agriculture's Natural Resources Conservation Service, that, separately or
together with other conservation practices, provide durable soil health and related benefits.
new text end

new text begin Subd. 4. new text end

new text begin Technical assistance; review. new text end

new text begin (a) The board may employ or contract with
experts to implement the soil health program under this section.
new text end

new text begin (b) When implementing the soil health program, the board must:
new text end

new text begin (1) assist local units of government in achieving the objectives of the program;
new text end

new text begin (2) review and assess practice standards; and
new text end

new text begin (3) evaluate the effectiveness of completed practices.
new text end

new text begin Subd. 5. new text end

new text begin Federal aid availability. new text end

new text begin The board must regularly complete an analysis of the
availability of federal funds and programs to supplement or complement state and local
efforts consistent with the purposes of this section.
new text end

Sec. 37.

new text begin [103G.134] ORDERS AND INVESTIGATIONS.
new text end

new text begin (a) The commissioner has the following powers and duties when acting pursuant to the
enforcement provisions of this chapter:
new text end

new text begin (1) to adopt, issue, reissue, modify, deny, revoke, enter into, or enforce reasonable orders,
schedules of compliance, and stipulation agreements;
new text end

new text begin (2) to issue notices of violation;
new text end

new text begin (3) to require a person holding a permit issued under this chapter or otherwise impacting
the public waters of the state without a permit issued under this chapter to:
new text end

new text begin (i) make reports;
new text end

new text begin (ii) install, use, and maintain monitoring equipment or methods;
new text end

new text begin (iii) perform tests according to methods, at locations, at intervals, and in a manner as
the commissioner prescribes; and
new text end

new text begin (iv) provide other information as the commissioner may reasonably require; and
new text end

new text begin (4) to conduct investigations; issue notices, public and otherwise; and order hearings as
the commissioner deems necessary or advisable to discharge duties under this chapter,
including but not limited to issuing permits and authorizing an employee or agent appointed
by the commissioner to conduct the investigations and other authorities cited in this section.
new text end

Sec. 38.

new text begin [103G.146] DUTY OF CANDOR.
new text end

new text begin (a) A person must not knowingly:
new text end

new text begin (1) make a false statement of fact or fail to correct a false statement of material fact
regarding any matter pertaining to this chapter;
new text end

new text begin (2) fail to disclose information that the person knows is necessary for the commissioner
to make an informed decision under this chapter; or
new text end

new text begin (3) offer information that the person knows to be false.
new text end

new text begin (b) If a person has offered material information to the commissioner and the person
comes to know the information is false, the person must take reasonable remedial measures
to provide the accurate information.
new text end

Sec. 39.

Minnesota Statutes 2020, section 103G.271, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Public meeting. new text end

new text begin Before issuing a water-use permit or a plan for consumptive
use of more than 100,000,000 gallons per year average, the commissioner must hold a public
meeting. The meeting may be held in the county affected most by the potential impact to
the public groundwater resource or by using interactive technology that allows members of
the public to participate from a remote location, including providing public comments during
the public comment period of the meeting. At least 21 days before the public meeting, the
commissioner must publish notice of the meeting in a newspaper of general circulation in
the county and must mail the notice to persons who have registered their names with the
commissioner for this purpose.
new text end

Sec. 40.

Minnesota Statutes 2020, section 103G.287, subdivision 5, is amended to read:

Subd. 5.

Sustainability standard.

new text begin (a) new text end The commissioner may issue water-use permits
for appropriation from groundwater only if the commissioner determines that the groundwater
use is sustainable to supply the needs of future generations and the proposed use will not
harm ecosystems, degrade water, or reduce water levels beyond the reach of public water
supply and private domestic wells constructed according to Minnesota Rules, chapter 4725.

new text begin (b) When determining whether a consumptive use of groundwater is sustainable, the
commissioner must make a determination that the level of recharge to the aquifer impacted
is sufficient to replenish the groundwater supply to meet the needs of future generations.
new text end

Sec. 41.

Minnesota Statutes 2020, section 103G.299, subdivision 1, is amended to read:

Subdivision 1.

Authority to issue new text begin administrative new text end penalty orders.

(a) As provided in
paragraph (b), the commissioner may issue an order requiring violations to be corrected
and administratively assessing monetary penalties for violations of sections 103G.271 and
103G.275, and any rules adopted under those sections.

(b) An order under this section may be issued to a person for water appropriation activities
without a required permit new text begin or for violating the terms of a required permit new text end .

(c) The order must be issued as provided in this section and in accordance with the plan
prepared under subdivision 12.

Sec. 42.

Minnesota Statutes 2020, section 103G.299, subdivision 2, is amended to read:

Subd. 2.

Amount of penalty; considerations.

(a) The commissioner may issue orders
assessing administrative penalties deleted text begin based on potential for harm and deviation from compliance.
For a violation that presents: deleted text end new text begin up to $40,000.
new text end

deleted text begin (1) a minor potential for harm and deviation from compliance, the penalty will be no
more than $1,000;
deleted text end

deleted text begin (2) a moderate potential for harm and deviation from compliance, the penalty will be
no more than $10,000; and
deleted text end

deleted text begin (3) a severe potential for harm and deviation from compliance, the penalty will be no
more than $20,000.
deleted text end

(b) In determining the amount of a penalty the commissioner may consider:

(1) the gravity of the violation, including potential for, or real, damage to the public
interest or natural resources of the state;

(2) the history of past violations;

(3) the number of violations;

(4) the economic benefit gained by the person by allowing or committing the violation
based on data from local or state bureaus or educational institutions; and

(5) other factors as justice may require, if the commissioner specifically identifies the
additional factors in the commissioner's order.

(c) For a violation after an initial violation, including a continuation of the initial violation,
the commissioner must, 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. 43.

Minnesota Statutes 2020, section 103G.299, subdivision 5, is amended to read:

Subd. 5.

Penalty.

(a) new text begin Except as provided in paragraph (b), if the commissioner determines
that the violation has been corrected or appropriate steps have been taken to correct the
action, the penalty must be forgiven. new text end 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 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 determination under
subdivision 4, paragraph (c), if the person subject to the order has provided information to
the commissioner that the commissioner determines is not sufficient to show that the violation
has been corrected or that appropriate steps have been taken toward correcting the violation.

(b) new text begin For repeated or serious violations, the commissioner may issue an order with a penalty
that is not forgiven after the corrective action is taken. new text end The penalty is due deleted text begin by deleted text end 31 days after
the order deleted text begin was deleted text end new text begin is new text end received, unless review of the order under subdivision 6 or 7 deleted text begin has been deleted text end new text begin is new text end
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 deleted text begin was deleted text end new text begin is new text end received.

Sec. 44.

Minnesota Statutes 2020, section 103G.299, subdivision 10, is amended to read:

Subd. 10.

Cumulative remedy.

The authority of the commissioner to issue a corrective
order assessing penalties is in addition to other remedies available under statutory or common
law deleted text begin , except that the state may not seek civil penalties under any other provision of law for
the violations covered by the administrative penalty order deleted text end . The payment of a penalty does
not preclude the use of other enforcement provisions deleted text begin , under which penalties are not assessed, deleted text end
in connection with the violation for which the penalty was assessed.

Sec. 45.

new text begin [103G.2991] PENALTIES; ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Civil penalties. new text end

new text begin (a) The commissioner, according to section 103G.134,
may issue a notice to a person who violates:
new text end

new text begin (1) this chapter;
new text end

new text begin (2) a permit issued under this chapter or a term or condition of a permit issued under
this chapter;
new text end

new text begin (3) a duty under this chapter to permit an inspection, entry, or monitoring activity or a
duty under this chapter to carry out an inspection or monitoring activity;
new text end

new text begin (4) a rule adopted under this chapter;
new text end

new text begin (5) a stipulation agreement, variance, or schedule of compliance entered into under this
chapter; or
new text end

new text begin (6) an order issued by the commissioner under this chapter.
new text end

new text begin (b) A person issued a notice forfeits and must pay to the state a penalty, in an amount
to be determined by the district court, of not more than $10,000 per day of violation.
new text end

new text begin (c) In the discretion of the district court, a defendant under this section may be required
to:
new text end

new text begin (1) forfeit and pay to the state a sum that adequately compensates the state for the
reasonable value of restoration, monitoring, and other expenses directly resulting from the
unauthorized use of or damage to natural resources of the state; and
new text end

new text begin (2) forfeit and pay to the state an additional sum to constitute just compensation for any
damage, loss, or destruction of the state's natural resources and for other actual damages to
the state caused by an unauthorized use of natural resources of the state.
new text end

new text begin (d) As a defense to damages assessed under paragraph (c), a defendant may prove that
the violation was caused solely by:
new text end

new text begin (1) an act of God;
new text end

new text begin (2) an act of war;
new text end

new text begin (3) negligence on the part of the state;
new text end

new text begin (4) an act or failure to act that constitutes sabotage or vandalism; or
new text end

new text begin (5) any combination of clauses (1) to (5).
new text end

new text begin (e) The civil penalties and damages provided for in this subdivision may be recovered
by a civil action brought by the attorney general in the name of the state in Ramsey County
District Court. Civil penalties and damages provided for in this subdivision may be resolved
by the commissioner through a negotiated stipulation agreement according to the authority
granted to the commissioner in section 103G.134.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement. new text end

new text begin This chapter and rules, standards, orders, stipulation agreements,
schedules of compliance, and permits adopted or issued by the commissioner under this
chapter or any other law for preventing, controlling, or abating damage to natural resources
may be enforced by one or more of the following:
new text end

new text begin (1) criminal prosecution;
new text end

new text begin (2) action to recover civil penalties;
new text end

new text begin (3) injunction;
new text end

new text begin (4) action to compel performance; or
new text end

new text begin (5) other appropriate action according to this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Injunctions. new text end

new text begin A violation of this chapter or rules, standards, orders, stipulation
agreements, variances, schedules of compliance, and permits adopted or issued under this
chapter constitutes a public nuisance and may be enjoined as provided by law in an action,
in the name of the state, brought by the attorney general.
new text end

new text begin Subd. 4. new text end

new text begin Actions to compel performance. new text end

new text begin (a) In an action to compel performance of
an order issued by the commissioner for any purpose related to preventing, controlling, or
abating damage to natural resources under this chapter, the court may require a defendant
adjudged responsible to do and perform any and all acts and things within the defendant's
power that are reasonably necessary to accomplish the purposes of the order.
new text end

new text begin (b) In case a municipality or its governing or managing body or any of its officers is a
defendant, the court may require the municipality to exercise its powers, without regard to
any limitation of a requirement for an election or referendum imposed thereon by law and
without restricting the powers of the commissioner, to do any or all of the following, without
limiting the generality hereof:
new text end

new text begin (1) levy taxes or special assessments;
new text end

new text begin (2) prescribe service or use charges;
new text end

new text begin (3) borrow money;
new text end

new text begin (4) issue bonds;
new text end

new text begin (5) employ assistance;
new text end

new text begin (6) acquire real or personal property;
new text end

new text begin (7) let contracts;
new text end

new text begin (8) otherwise provide for doing work or constructing, installing, maintaining, or operating
facilities; and
new text end

new text begin (9) do all other acts and things reasonably necessary to accomplish the purposes of the
order.
new text end

new text begin (c) The court must grant a municipality under paragraph (b) the opportunity to determine
the appropriate financial alternatives to be used to comply with the court-imposed
requirements.
new text end

new text begin (d) An action brought under this subdivision must be venued in Ramsey County District
Court.
new text end

Sec. 46.

Minnesota Statutes 2020, section 115.061, is amended to read:

115.061 DUTY TO NOTIFY; AVOIDING WATER POLLUTION.

(a) Except as provided in paragraph (b), it is the duty of every person to notify the agency
immediately of the discharge, accidental or otherwise, of any substance or material under
its control which, if not recovered, may cause pollution of waters of the state, and the
responsible person shall recover as rapidly and as thoroughly as possible such substance or
material and take immediately such other action as may be reasonably possible to minimize
or abate pollution of waters of the state caused thereby.

(b) Notification is not required under paragraph (a) for a discharge of five gallons or
less of petroleum, as defined in section 115C.02, subdivision 10. This paragraph does not
affect the other requirements of paragraph (a).

new text begin (c) Promptly after notifying the agency of a discharge under paragraph (a), a publicly
owned treatment works or a publicly or privately owned domestic sewer system owner must
provide notice to the potentially impacted public and to any downstream drinking water
facility that may be impacted by the discharge. Notice to the public and to any drinking
water facility must be made using the most efficient communications system available to
the facility owner such as in person, phone call, radio, social media, web page, or another
expedited form. In addition, signs in sufficient number to alert the public must be posted at
all impacted public use areas within the same jurisdiction or notice must be provided to the
entity that has jurisdiction over any impacted public use areas. A notice under this paragraph
must include the date and time of the discharge, a description of the material released, a
warning of the potential public health risk, and the permittee's contact information. The
agency must provide guidance that includes but is not limited to methods and protocols for
providing timely notice under this section.
new text end

Sec. 47.

Minnesota Statutes 2020, section 115.071, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Public informational meeting. new text end

new text begin (a) The commissioner, before finalizing a
stipulation agreement or consent decree with a facility in which the agency is seeking a
settlement amount greater than $25,000, must hold a public informational meeting at a
convenient time at a location near the facility to:
new text end

new text begin (1) notwithstanding section 13.39, subdivision 2, describe the amount, frequency,
duration, and chemical nature of the pollution released or emitted by the facility and the
risks to public health and the environment from that exposure; and
new text end

new text begin (2) allow members of the public, including those persons potentially exposed to pollution
released or emitted from the facility, to make the agency aware of:
new text end

new text begin (i) interactions between the facility and the public regarding the facility's operations;
new text end

new text begin (ii) operational problems or incidents that have occurred at the facility; and
new text end

new text begin (iii) suggestions regarding supplemental environmental projects that the public may
prefer as part of a stipulation agreement or consent decree between the facility and the
agency.
new text end

new text begin (b) For the purposes of this section, "supplemental environmental project" means a
project that benefits the environment or public health and that a regulated facility agrees to
undertake as part of a settlement with respect to an enforcement action taken by the agency
to resolve noncompliance.
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. 48.

new text begin [115A.5591] COMPOSTING; MULTIFAMILY BUILDINGS;
COMPETITIVE GRANT 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) "Common interest community" has the meaning given in section 515B.1-103, clause
(10).
new text end

new text begin (c) "Composting" means the controlled biological decomposition of source-separated
food wastes through an aerobic method of accelerating natural decomposition that takes
place at a site separate from the residence or location of any generator of source-separated
food wastes.
new text end

new text begin (d) "Homeowners association" means an association of residential unit owners that is
organized to govern and administer a common interest community, regardless of whether
the common interest community is subject to chapter 515B.
new text end

new text begin (e) "Minnesota Tribal government" has the meaning given in section 10.65, subdivision
2, paragraph (a), clause (4).
new text end

new text begin (f) "Multifamily building" means an apartment facility containing four or more dwelling
units, each to be rented by a person or family for use as a residence.
new text end

new text begin (g) "Source-separated food wastes" means food wastes that are separated at the source
by waste generators for the purpose of preparing them for composting.
new text end

new text begin Subd. 2. new text end

new text begin Grant program established. new text end

new text begin The commissioner must establish a competitive
grant program to provide financial assistance to develop and implement pilot projects that
encourage and increase composting by residents of multifamily buildings in areas where
compost is not collected at curbside. Each grant must include an educational component on
the methods and benefits of composting.
new text end

new text begin Subd. 3. new text end

new text begin Eligible applicants. new text end

new text begin A grant may be awarded under this section to:
new text end

new text begin (1) a political subdivision;
new text end

new text begin (2) an owner of a multifamily building;
new text end

new text begin (3) an organization that is exempt from taxation under section 501(c)(3) of the Internal
Revenue Code;
new text end

new text begin (4) a Minnesota Tribal government; or
new text end

new text begin (5) a homeowners association.
new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin The commissioner must develop forms and procedures for
soliciting and reviewing applications for grants under this section.
new text end

new text begin Subd. 5. new text end

new text begin Eligible expenditures. new text end

new text begin Appropriations made for the grant program under this
section may be used only to:
new text end

new text begin (1) provide grants as specified in this section; and
new text end

new text begin (2) reimburse the reasonable expenses of the Pollution Control Agency in administering
the grant program.
new text end

new text begin Subd. 6. new text end

new text begin Grant awards. new text end

new text begin In awarding grants under this section, the commissioner shall
give priority to applications filed by applicants who meet the conditions of subdivision 3,
clause (3).
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. 49.

new text begin [115A.561] ZERO-WASTE GRANT 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 definitions
apply.
new text end

new text begin (b) "Adaptive management practices" means the integration of project design,
management, and monitoring to identify project impacts and outcomes as they arise and
adjust behaviors to improve outcomes.
new text end

new text begin (c) "Eligible entity" means a nonprofit or unit of government.
new text end

new text begin (d) "Embodied energy" means energy that was used to create a product or material.
new text end

new text begin (e) "Living wage" means the minimum income necessary to allow a person working 40
hours per week to afford the cost of housing, food, and other material necessities.
new text end

new text begin (f) "Organics recycling" means the biological processes by which organics streams are
converted to compost that is not harmful to humans, plants, or animals.
new text end

new text begin (g) "Recycling" means the mechanical processing of materials that have reached the end
of their current use into materials to be used in the production of new products. Recycling
does not include incineration or any energy recovery process or depolymerization or a
similar process.
new text end

new text begin (h) "Reuse" does not mean incineration, but does mean:
new text end

new text begin (1) using a product, packaging, or resource more than once for the same or a new function
with little or no processing; or
new text end

new text begin (2) repairing a product so it can be used longer, sharing or renting it, or selling or donating
it to another party.
new text end

new text begin (i) "Source reduction" does not mean incineration, but does mean:
new text end

new text begin (1) activities that reduce consumption of products or services that create physical outputs,
such as packaging, that are secondary to the intended use of the item being consumed;
new text end

new text begin (2) measures or techniques that reduce the amount of waste generated during production
processes; and
new text end

new text begin (3) reducing or eliminating use of materials that are not able to be recycled without
degrading the quality of the material.
new text end

new text begin (j) "Source-separated" means the separation of a stream of recyclable materials at the
point of waste creation before materials are collected and centralized. Source-separated
does not include technologies that sort mixed municipal solid waste into recyclable and
nonrecyclable materials.
new text end

new text begin (k) "Waste prevention" means reuse, recycling, and other methods to reduce the amount
of materials disposed of in landfills or incinerated.
new text end

new text begin (l) "Zero waste" means conservation of all resources by means of responsible production,
consumption, reuse, and recovery of products, packaging, and materials without burning
or otherwise destroying embodied energy, with no discharges to land, water, or air that
threaten the environment or human health.
new text end

new text begin (m) "Zero-waste practice" means a practice used to help achieve zero waste, including
source reduction and waste prevention.
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 competitive grant program
for eligible entities to pursue projects that are consistent with zero-waste practices, including
projects in the following four categories:
new text end

new text begin (1) electronic waste reuse and recycling under subdivision 3;
new text end

new text begin (2) source reduction under subdivision 4;
new text end

new text begin (3) market development under subdivision 5; and
new text end

new text begin (4) organics recycling infrastructure under subdivision 6.
new text end

new text begin Subd. 3. new text end

new text begin Electronic waste reuse and recycling. new text end

new text begin Projects under this subdivision must
relate to electronic waste reuse and recycling and must be carried out by an organization
certified in sustainable electronic waste standards by an organization accredited by the
National Accreditation Board of the American National Standards Institute and the American
Society for Quality, or another accrediting body as determined by the commissioner. Grant
funds for the projects may be used for infrastructure, technology, research and development,
and product refurbishment. Projects must not include an electronic waste buy-back program
that provides compensation for used electronics as a credit toward the purchase of additional
electronics.
new text end

new text begin Subd. 4. new text end

new text begin Source reduction. new text end

new text begin Projects under this subdivision must relate to source
reduction. Grants for the projects may be used for educational programming and outreach
activities to encourage consumer behavior change or for product or manufacturing redesign
or redevelopment to reduce by-products, packaging, and other outputs. For projects involving
product or manufacturing redesign or redevelopment, the applicable manufacturer must pay
a living wage and the redevelopment or redesign must not result in higher toxicity or more
complicated recyclability of the product or by-products or increased volume of the
by-products.
new text end

new text begin Subd. 5. new text end

new text begin Market development. new text end

new text begin Projects under this subdivision must relate to market
development with respect to source reduction or waste prevention, including creating demand
for sorted recyclable commodities and refurbished goods. The projects must target easily
or commonly recycled materials that are disproportionately disposed of in landfills or
incinerated and must reduce the volume, weight, or toxicity of waste and waste by-products.
Projects must not conflict with other laws or requirements as identified by the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Organics recycling infrastructure. new text end

new text begin Projects under this subdivision must relate
to organics recycling infrastructure. Grants for the projects may be used for facilities,
machinery, equipment, and other physical necessities required for organics collection or
processing on a city- or county-wide scale. Projects under this subdivision must result in
increased capacity for residential and commercial source-separated organics streams and
generate a usable product that has demonstrable environmental benefits when compared to
the input materials, such as compost with added nutritional content. Projects may not include
mixed-waste composting.
new text end

new text begin Subd. 7. new text end

new text begin Grant process. new text end

new text begin (a) The commissioner must award grants to eligible entities
through a competitive grant process.
new text end

new text begin (b) To receive a grant, an eligible entity must submit a written application to the
commissioner using the form developed by the commissioner and including any information
requested by the commissioner.
new text end

new text begin (c) The application must demonstrate that the eligible entity has set specific source
reduction or waste prevention targets and that the project will take place in a community in
the 80th percentile or higher for one or more pollutants as noted in the EJScreen tool, or
any successor system, of the federal Environmental Protection Agency.
new text end

new text begin Subd. 8. new text end

new text begin Award criteria. new text end

new text begin In awarding grants under this section, the commissioner must
give priority to eligible entities with projects that:
new text end

new text begin (1) could lead to the creation of new jobs that pay a living wage, with additional
preference for jobs for individuals with barriers to employment;
new text end

new text begin (2) achieve source reduction or waste prevention in schools;
new text end

new text begin (3) employ adaptive management practices to identify, prevent, or address any negative
environmental consequences of the proposed project;
new text end

new text begin (4) demonstrate need for additional investment in infrastructure and projects to achieve
source reduction and waste prevention targets set by the local unit of government responsible
for waste and recycling projects in the geographic area;
new text end

new text begin (5) will develop innovative or new technologies or strategies for source reduction and
waste prevention;
new text end

new text begin (6) will encourage further investment in source reduction and waste prevention projects;
or
new text end

new text begin (7) will incorporate multistakeholder involvement, including nonprofit, commercial,
and public sector partners.
new text end

new text begin Subd. 9. new text end

new text begin Report to the legislature. new text end

new text begin By January 15, 2024, the commissioner must submit
a report as required under section 3.195 that details the use of grant money. A copy of this
report must also be sent to the chairs and ranking minority members of the legislative
committees with jurisdiction over economic development and environment.
new text end

Sec. 50.

new text begin [115A.993] PROHIBITED DISPOSAL METHODS.
new text end

new text begin A person must not dispose of seed treated with neonicotinoid pesticide in a manner
inconsistent with the product label, where applicable, or by:
new text end

new text begin (1) burying near a drinking water source or any creek, stream, river, lake, or other surface
water;
new text end

new text begin (2) composting; or
new text end

new text begin (3) incinerating within a home or other dwelling.
new text end

Sec. 51.

Minnesota Statutes 2020, section 115B.17, subdivision 14, is amended to read:

Subd. 14.

Requests for review, investigation, and oversight.

(a) The commissioner
may, upon request, assist a person in determining whether real property has been the site
of a release or threatened release of a hazardous substance, pollutant, or contaminant. The
commissioner may also assist in, or supervise, the development and implementation of
reasonable and necessary response actions. Assistance may include review of agency records
and files, and review and approval of a requester's investigation plans and reports and
response action plans and implementation.

(b) Except as otherwise provided in this paragraph, the person requesting assistance
under this subdivision shall pay the agency for the agency's cost, as determined by the
commissioner, of providing assistance. A state agency, political subdivision, or other public
entity is not required to pay for the agency's cost to review agency records and files. deleted text begin Money
received by the agency for assistance under this section deleted text end new text begin The first $350,000 received annually
by the agency for assistance under this subdivision from persons who are not otherwise
responsible under sections 115B.01 to 115B.18 new text end must be deposited in the remediation fund
and is exempt from section 16A.1285. new text begin Money received after the first $350,000 must be
deposited in the state treasury and credited to an account in the special revenue fund. Money
in the account is annually appropriated to the commissioner for the purposes of administering
this subdivision.
new text end

(c) When a person investigates a release or threatened release in accordance with an
investigation plan approved by the commissioner under this subdivision, the investigation
does not associate that person with the release or threatened release for the purpose of section
115B.03, subdivision 3, paragraph (a), clause (4).

Sec. 52.

Minnesota Statutes 2020, section 115B.52, subdivision 4, is amended to read:

Subd. 4.

Reporting.

The commissioner of the Pollution Control Agency and the
commissioner of natural resources must jointly submit:

(1) by April 1, 2019, an implementation plan detailing how the commissioners will:

(i) determine how the priorities in the settlement will be met and how the spending will
move from the first priority to the second priority and the second priority to the third priority
outlined in the settlement; and

(ii) evaluate and determine what projects receive funding;

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

(3) by deleted text begin August 1, 2019, and deleted text end new text begin October 1 new text end each year deleted text begin thereafter deleted text end , a report to the legislature on
expenditures from the water quality and sustainability account during the previous fiscal
year and a spending plan for anticipated expenditures from the account during the current
fiscal year.

Sec. 53.

Minnesota Statutes 2020, section 116.06, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

The definitions given in this section shall obtain for the
purposes of sections 116.01 to deleted text begin 116.075 deleted text end new text begin 116.076 new text end except as otherwise expressly provided or
indicated by the context.

new text begin EFFECTIVE DATE. new text end

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

Sec. 54.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 6a. new text end

new text begin Commissioner. new text end

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 55.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 10a. new text end

new text begin Environmental justice. new text end

new text begin "Environmental justice" means that:
new text end

new text begin (1) communities of color, Indigenous communities, and low-income communities have
a healthy environment and are treated fairly when environmental statutes, rules, and policies
are developed, adopted, implemented, and enforced; and
new text end

new text begin (2) in all decisions that have the potential to affect the environment of an environmental
justice area or the public health of its residents, due consideration is given to the history of
the area's and its residents' cumulative exposure to pollutants and to any current
socioeconomic conditions that increase the physical sensitivity of those residents to additional
exposure to pollutants.
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. 56.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 10b. new text end

new text begin Environmental justice area. new text end

new text begin "Environmental justice area" means one or
more census tracts in the state:
new text end

new text begin (1) in which, based on the most recent data published by the United States Census Bureau:
new text end

new text begin (i) 40 percent or more of the population is nonwhite;
new text end

new text begin (ii) 35 percent or more of the households have an income at or below 200 percent of the
federal poverty level; or
new text end

new text begin (iii) 40 percent or more of the population over the age of five has limited English
proficiency; or
new text end

new text begin (2) that is in Indian Country, as defined in United States Code, title 18, section 1151.
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. 57.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 14a. new text end

new text begin Microplastics. new text end

new text begin "Microplastics" means small pieces of plastic debris in the
environment that are less than five millimeters in length and that result from the disposal
and breakdown of consumer products and industrial waste.
new text end

Sec. 58.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 14b. new text end

new text begin Nanoplastics. new text end

new text begin "Nanoplastics" means particles with a size ranging from one
to 1,000 nanometers that are unintentionally produced from the manufacture or degradation
of plastic objects and that exhibit a colloidal behavior.
new text end

Sec. 59.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 17a. new text end

new text begin Plastic. new text end

new text begin "Plastic" means an organic or petroleum derivative synthetic or a
semisynthetic organic solid that is moldable and to which additives or other substances may
have been added. Plastic does not mean natural polymers that have not been chemically
modified.
new text end

Sec. 60.

new text begin [116.062] AIR TOXICS EMISSIONS REPORTING.
new text end

new text begin (a) The commissioner must require each facility operating under an air quality permit
issued by the agency to annually report the facility's air toxics emissions to the agency,
including a facility not required as a condition of its air quality permit to keep records of
air toxics emissions. The commissioner must determine the method to be used by a facility
to directly measure or estimate air toxics emissions. The commissioner must incorporate
the requirement to annually report air toxics emissions into the air quality permit of each
facility subject to this section.
new text end

new text begin (b) For the purposes of this section, "air toxic" means a chemical compound or compound
class that is emitted into the air by a permitted facility and that is listed, reported, or identified
under any of the following categories:
new text end

new text begin (1) hazardous air pollutants listed under the federal Clean Air Act, United States Code,
title 42, section 7412, as amended;
new text end

new text begin (2) chemicals reported as released into the atmosphere by a facility located in the state
for the Toxic Release Inventory under the federal Emergency Planning and Community
Right-to-Know Act, United States Code, title 42, section 11023, as amended;
new text end

new text begin (3) chemicals of high concern, as listed by the Department of Health under section
116.9402;
new text end

new text begin (4) chemicals for which the Department of Health has adopted health-based values or
risk assessment advice;
new text end

new text begin (5) chemicals for which the risk to human health has been assessed by the federal
Environmental Protection Agency's Integrated Risk Information System;
new text end

new text begin (6) chemicals for which emission limits are incorporated into current facility permits;
and
new text end

new text begin (7) chemicals reported by facilities in the agency's triennial emissions inventory.
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. 61.

Minnesota Statutes 2020, section 116.07, subdivision 4a, is amended to read:

Subd. 4a.

Permits.

(a) The deleted text begin Pollution Control Agency deleted text end new text begin commissioner new text end may issue, continue
in effect or deny permits, under such conditions as it may prescribe for the prevention of
pollution, for the emission of air contaminants, or for the installation or operation of any
emission facility, air contaminant treatment facility, treatment facility, potential air
contaminant storage facility, or storage facility, or any part thereof, or for the sources or
emissions of noise pollution.

(b) The deleted text begin Pollution Control Agency deleted text end new text begin commissioner new text end may also issue, continue in effect or
deny permits, under such conditions as it may prescribe for the prevention of pollution, for
the storage, collection, transportation, processing, or disposal of waste, or for the installation
or operation of any system or facility, or any part thereof, related to the storage, collection,
transportation, processing, or disposal of waste.

(c) The deleted text begin agency deleted text end new text begin commissioner new text end may not issue deleted text begin a permit deleted text end new text begin , renew, or approve a major
amendment new text end to a facility new text begin permit that potentially increases pollution levels or the toxicity of
emissions in an environmental justice area new text end without analyzing and considering new text begin :
new text end

new text begin (1) new text end the cumulative levels and effects of past and current environmental pollution from
all sources on the environment and residents of the deleted text begin geographic area within which the facility's
emissions are likely to be deposited, provided that the facility is located in a community in
a city of the first class in Hennepin County that meets all of the following conditions: deleted text end new text begin
environmental justice area, including mobile sources and toxic chemicals contaminating
soils; and
new text end

new text begin (2) the demographic, social, and economic characteristics of the exposed population in
the environmental justice area that affect the population's sensitivity to exposure to additional
pollution, as required under subdivision 4m.
new text end

deleted text begin (1) is within a half mile of a site designated by the federal government as an EPA
superfund site due to residential arsenic contamination;
deleted text end

deleted text begin (2) a majority of the population are low-income persons of color and American Indians;
deleted text end

deleted text begin (3) a disproportionate percent of the children have childhood lead poisoning, asthma,
or other environmentally related health problems;
deleted text end

deleted text begin (4) is located in a city that has experienced numerous air quality alert days of dangerous
air quality for sensitive populations between February 2007 and February 2008; and
deleted text end

deleted text begin (5) is located near the junctions of several heavily trafficked state and county highways
and two one-way streets which carry both truck and auto traffic.
deleted text end

(d) The deleted text begin Pollution Control Agency deleted text end new text begin commissioner new text end may revoke or modify any permit issued
under this subdivision and section 116.081 whenever it is necessary, in the opinion of the
deleted text begin agency deleted text end new text begin commissioner new text end , to prevent or abate pollution.

(e) The deleted text begin Pollution Control Agency deleted text end new text begin commissioner new text end has the authority for approval over the
siting, expansion, or operation of a solid waste facility with regard to environmental issues.
However, deleted text begin the agency's deleted text end issuance of a permit does not release the permittee from any liability,
penalty, or duty imposed by any applicable county ordinances. Nothing in this chapter
precludes, or shall be construed to preclude, a county from enforcing land use controls,
regulations, and ordinances existing at the time of the permit application and adopted
pursuant to sections 366.10 to 366.181, 394.21 to 394.37, or 462.351 to 462.365, with regard
to the siting, expansion, or operation of a solid waste facility.

(f) Except as prohibited by federal law, a person may commence construction,
reconstruction, replacement, or modification of any facility deleted text begin prior to the issuance of a
construction permit by the agency deleted text end new text begin before the commissioner issues a construction permit new text end .

new text begin (g) A permit application must indicate whether the permit action sought is likely to
impact the environment or the health of residents of an environmental justice area and must
include the data used by the applicant to make the determination. If the application is filed
before the commissioner identifies all environmental justice areas in the state under section
116.076, the commissioner must determine whether, based on the application's projected
impacts of issuing the permit, the area impacted qualifies as an environmental justice area
and whether, as a result, a cumulative analysis is required.
new text end

new text begin (h) The commissioner must review the applicant's determination made under paragraph
(g), and is responsible for determining whether a proposed permit will impact the environment
or health of an environmental justice area.
new text end

new text begin (i) The agency's reasonable costs of complying with this subdivision are to be reimbursed
by the permit applicant.
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 an application for a new permit, permit renewal, or major permit amendment filed
with the commissioner on or after that date.
new text end

Sec. 62.

Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 4m. new text end

new text begin Demographic analysis. new text end

new text begin (a) A permit applicant subject to subdivision 4a,
paragraph (c), must provide the information listed in clauses (1) to (15), if available, in the
permit application. The commissioner, in collaboration with the State Demographic Center,
the Minnesota Department of Health, and other state agencies, must provide an applicant
with a list of sources for the information required in clauses (1) to (15). The information is
intended to indicate the degree of sensitivity of the exposed population to incremental
pollution emitted from a facility seeking a permit or permit amendment and the exposed
population's ability to withstand, respond to, or recover from exposure to additional pollution.
This required information includes:
new text end

new text begin (1) racial and ethnic characteristics;
new text end

new text begin (2) income and poverty levels;
new text end

new text begin (3) the age distribution;
new text end

new text begin (4) the birth rate;
new text end

new text begin (5) education levels;
new text end

new text begin (6) the incidence of and hospital admission rates for respiratory disease, pulmonary
disease, cancer, diabetes, asthma, high levels of blood lead concentrations, compromised
immune systems, and other conditions that may be exacerbated by exposure to pollution;
new text end

new text begin (7) the incidence of substandard housing conditions;
new text end

new text begin (8) the proportion of the population without access to health insurance and medical care;
new text end

new text begin (9) the proportion of the population receiving public assistance and medical assistance;
new text end

new text begin (10) the incidence of low and very low food security, as defined by the United States
Department of Agriculture publication Food Security in the U.S., Definitions of Food
Security (2006 and as subsequently amended);
new text end

new text begin (11) biomonitoring data indicating body burdens of environmental pollutants;
new text end

new text begin (12) the presence of subpopulations that may be particularly sensitive to exposure to
additional pollutants, including workers exposed to toxic chemicals in the workplace and
subsistence fishers and hunters;
new text end

new text begin (13) microclimate or topographical factors of the area that affect exposure levels;
new text end

new text begin (14) other environmental stressors, including but not limited to noise, that impact the
area population; and
new text end

new text begin (15) how the factors examined under this paragraph may interact to increase the likelihood
of portions of the population sustaining an adverse effect from exposure to the additional
pollution emitted by the permitted facility.
new text end

new text begin (b) A permit applicant must provide the information required under this subdivision to
the commissioner in a format and at a level of quality and completeness required by the
commissioner.
new text end

new text begin (c) The costs of complying with this subdivision must be paid by the permit applicant.
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 an application for a new permit, permit renewal, or major permit amendment filed
with the commissioner on or after that date.
new text end

Sec. 63.

Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 4n. new text end

new text begin Permits; environmental justice area. new text end

new text begin (a) At a public meeting held on a permit
application required to undergo a cumulative analysis under subdivision 4a, paragraph (c),
the commissioner must ensure that an accurate and complete reporting of public comments
is made part of the public record on which the decision on permit issuance is based.
new text end

new text begin (b) Notwithstanding any other law, the commissioner must, after reviewing the permit
application, the analysis of cumulative pollution conducted under subdivision 4a, paragraph
(c), the permit applicant's demographic analysis under subdivision 4m, and any additional
relevant information, including testimony and written comments received at a public meeting,
determine whether the incremental environmental impacts that would result in an
environmental justice area from approving the permit will, in conjunction with the cumulative
pollution impacts and any heightened sensitivity to additional pollution of residents of the
environmental justice area, cause or contribute to increased levels of environmental or health
impacts compared with denying the permit.
new text end

new text begin (b) If the commissioner determines that approving the permit would cause or contribute
to increased levels of environmental or health impacts compared with denying the permit,
the commissioner must:
new text end

new text begin (1) deny the permit; or
new text end

new text begin (2) place conditions on the permit that eliminate any contribution to increased levels of
environmental or health impacts from the permitted facility in an environmental justice
area.
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 an application for a new permit, permit renewal, or major permit amendment filed
with the agency on or after that date.
new text end

Sec. 64.

Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 7f. new text end

new text begin Financial assurance. new text end

new text begin (a) Before the commissioner issues or renews a permit
for a feedlot with a capacity of 1,000 or more animal units, the permit applicant must submit
to the commissioner proof of financial assurance that satisfies the requirements under this
subdivision. Financial assurance must be of an amount sufficient to pay the closure costs
determined under paragraph (c) for the feedlot and manure storage area, with all terms and
conditions of the financial assurance instrument approved by the commissioner. The
commissioner, in evaluating financial assurance, may consult individuals with documented
experience in the analysis. The applicant must pay all costs incurred by the commissioner
to obtain this analysis.
new text end

new text begin (b) A permittee must maintain sufficient financial assurance for the duration of the permit
and demonstrate to the commissioner's satisfaction that:
new text end

new text begin (1) the funds will be available and made payable to the commissioner if the commissioner
determines the permittee is not in full compliance with the closure requirements established
by the commissioner in rule for feedlots and manure storage areas;
new text end

new text begin (2) the financial assurance instrument is fully valid, binding, and enforceable under state
and federal law;
new text end

new text begin (3) the financial assurance instrument is not dischargeable through bankruptcy; and
new text end

new text begin (4) the financial assurance provider will give the commissioner at least 120 days' notice
before cancelling the financial assurance instrument.
new text end

new text begin (c) The permit applicant must submit to the commissioner a documented estimate of
costs required to implement the closure requirements established by the commissioner in
rule for feedlots and manure storage areas. Cost estimates must incorporate current dollar
values at the time of estimate and any additional costs required by the commissioner to
oversee and hire a third party to implement the closure requirements. The applicant must
not incorporate the estimated salvage or market value of manure, animals, structures,
equipment, land, or other assets. The commissioner must evaluate and may modify the
applicant's cost estimates and may consult individuals with documented experience in feedlot
or manure storage area closure or remediation. The applicant must pay all costs incurred
by the commissioner to obtain this consultation.
new text end

Sec. 65.

Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 7g. new text end

new text begin Abandoned manure storage areas. new text end

new text begin At least annually, the commissioner must
compile a list of abandoned manure storage areas in this state. A list compiled under this
subdivision is not a feedlot inventory for purposes of subdivision 7b. For purposes of this
subdivision, "abandoned manure storage areas" means solid and liquid manure storage areas
that have:
new text end

new text begin (1) been previously registered with the state as a feedlot with a manure storage area; and
new text end

new text begin (2) permanently ceased operation and are subject to, but not in compliance with, the
closure requirements established by the commissioner in rule for feedlots and manure storage
areas; or
new text end

new text begin (3) been unused for at least three years.
new text end

Sec. 66.

new text begin [116.076] ENVIRONMENTAL JUSTICE AREAS; BOUNDARIES; MAPS.
new text end

new text begin (a) No later than December 1, 2022, the commissioner must determine the boundaries
of all environmental justice areas in Minnesota. The determination of the geographic
boundaries of an environmental justice area may be appealed by filing a petition that contains
evidence to support amending the commissioner's determination. The petition must be
signed by at least 100 residents of census tracts within or adjacent to the environmental
justice area, as determined by the commissioner. The commissioner may, after reviewing
the petition, amend the boundaries of an environmental justice area.
new text end

new text begin (b) The commissioner must post updated maps of each environmental justice area in the
state on the agency website.
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. 67.

Minnesota Statutes 2020, section 116C.03, subdivision 2a, is amended to read:

Subd. 2a.

Public members.

The membership terms, compensation, removal, and filling
of vacancies of public members of the board shall be as provided in section 15.0575 new text begin , except
that a public member may be compensated at the rate of up to $125 a day new text end .

Sec. 68.

Minnesota Statutes 2020, section 116D.04, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Demographic analysis. new text end

new text begin An environmental assessment worksheet and
environmental impact statement that indicate that a proposed project increases pollution
levels or the toxicity of emissions in an environmental justice area, as defined under section
116.06, must contain a demographic analysis of the population exposed to the proposed
project's impacts as required under section 116.07, subdivision 4m.
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 an environmental assessment worksheet that has been determined by a responsible
governmental unit to be complete on or after that date and to an environmental impact
statement determined by a responsible governmental unit to be adequate on or after that
date.
new text end

Sec. 69.

Minnesota Statutes 2020, section 116P.05, subdivision 1, is amended to read:

Subdivision 1.

Membership.

(a) A Legislative-Citizen Commission on Minnesota
Resources of 17 members is created in the legislative branch, consisting of the chairs of the
house of representatives and senate committees on environment and natural resources finance
or designees appointed for the terms of the chairs, four members of the senate appointed
by the Subcommittee on Committees of the Committee on Rules and Administration, and
four members of the house of representatives appointed by the speaker.

(b) At least two members from the senate and two members from the house of
representatives must be from the minority caucus. Members are entitled to reimbursement
for per diem expenses plus travel expenses incurred in the services of the commission.

(c) Seven citizens are members of the commission, five appointed by the governor, one
appointed by the Senate Subcommittee on Committees of the Committee on Rules and
Administration, and one appointed by the speaker of the house. The citizen members are
selected and recommended to the appointing authorities according to subdivision 1a and
must:

(1) have experience or expertise in the science, policy, or practice of the protection,
conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife,
and other natural resources;

(2) have strong knowledge in the state's environment and natural resource issues around
the state; and

(3) have demonstrated ability to work in a collaborative environment.

(d) Members shall develop procedures to elect a chair that rotates between legislative
and citizen members each meeting. A citizen member, a senate member, and a house of
representatives member shall serve as chairs. The citizen members, senate members, and
house of representatives members must select their respective chairs. The chair shall preside
and convene meetings as often as necessary to conduct duties prescribed by this chapter.

(e) Appointed legislative members shall serve on the commission for two-year terms,
beginning in January of each odd-numbered year and continuing through the end of December
of the next even-numbered year. Appointed citizen members shall serve four-year terms,
beginning in January of the first year and continuing through the end of December of the
final year. Citizen and legislative members continue to serve until their successors are
appointed.

(f) A citizen member may be removed by an appointing authority for cause. Vacancies
occurring on the commission shall not affect the authority of the remaining members of the
commission to carry out their duties, and vacancies shall be filled for the remainder of the
term in the same manner under paragraphs (a) to (c).

(g) Citizen members are entitled to per diem and reimbursement for expenses incurred
in the services of the commission, as provided in section 15.059, subdivision 3 new text begin , except that
a citizen member may be compensated at the rate of up to $125 a day new text end .

(h) The governor's appointments are subject to the advice and consent of the senate.

Sec. 70.

Minnesota Statutes 2020, section 171.07, is amended by adding a subdivision to
read:

new text begin Subd. 20. new text end

new text begin Watercraft operator's permit. new text end

new text begin (a) The department must maintain in its
records information transmitted electronically from the commissioner of natural resources
identifying each person to whom the commissioner of natural resources has issued a
watercraft operator's permit. The records transmitted from the Department of Natural
Resources must contain the full name and date of birth as required for the driver's license
or identification card. Records that are not matched to a driver's license or identification
card record may be deleted after seven years.
new text end

new text begin (b) After receiving information under paragraph (a) that a person has received a watercraft
operator's permit, the department must include on all drivers' licenses or Minnesota
identification cards subsequently issued to the person a graphic or written indication that
the person has received the permit.
new text end

new text begin (c) If a person who has received a watercraft operator's permit applies for a driver's
license or Minnesota identification card before that information has been transmitted to the
department, the department may accept a copy of the certificate as proof of its issuance and
must then follow the procedures in paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 71.

Minnesota Statutes 2020, section 282.08, is amended to read:

282.08 APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.

The net proceeds from the sale or rental of any parcel of forfeited land, or from the sale
of products from the forfeited land, must be apportioned by the county auditor to the taxing
districts interested in the land, as follows:

(1) the portion required to pay any amounts included in the appraised value under section
282.01, subdivision 3, as representing increased value due to any public improvement made
after forfeiture of the parcel to the state, but not exceeding the amount certified by the
appropriate governmental authority must be apportioned to the governmental subdivision
entitled to it;

(2) the portion required to pay any amount included in the appraised value under section
282.019, subdivision 5, representing increased value due to response actions taken after
forfeiture of the parcel to the state, but not exceeding the amount of expenses certified by
the Pollution Control Agency or the commissioner of agriculture, must be apportioned to
the agency or the commissioner of agriculture and deposited in the fund from which the
expenses were paid;

(3) the portion of the remainder required to discharge any special assessment chargeable
against the parcel for drainage or other purpose whether due or deferred at the time of
forfeiture, must be apportioned to the governmental subdivision entitled to it; and

(4) any balance must be apportioned as follows:

(i) The county board may annually by resolution set aside no more than 30 percent of
the receipts remaining to be used for forest development on tax-forfeited land and dedicated
memorial forests, to be expended under the supervision of the county board. It must be
expended only on projects improving the health and management of the forest resource.

(ii) The county board may annually by resolution set aside no more than 20 percent of
the receipts remaining to be used for the acquisition and maintenance of county parks or
recreational areas as defined in sections 398.31 to 398.36, to be expended under the
supervision of the county board.

(iii) new text begin The county board may by resolution set aside up to 100 percent of the receipts
remaining to be used:
new text end

new text begin (1) according to section 282.09, subdivision 2;
new text end

new text begin (2) for remediating contamination at tax-forfeited properties; or
new text end

new text begin (3) for correcting blighted conditions at tax-forfeited properties.
new text end

new text begin An election made under this item is effective for a minimum of five years, unless the county
board specifies a shorter duration.
new text end

new text begin (iv) new text end Any balance remaining must be apportioned as follows: county, 40 percent; town
or city, 20 percent; and school district, 40 percent, provided, however, that in unorganized
territory that portion which would have accrued to the township must be administered by
the county board of commissioners.

new text begin EFFECTIVE DATE. new text end

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

Sec. 72.

Minnesota Statutes 2020, section 297A.94, is amended to read:

297A.94 DEPOSIT OF REVENUES.

(a) Except as provided in this section, the commissioner shall deposit the revenues,
including interest and penalties, derived from the taxes imposed by this chapter in the state
treasury and credit them to the general fund.

(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic
account in the special revenue fund if:

(1) the taxes are derived from sales and use of property and services purchased for the
construction and operation of an agricultural resource project; and

(2) the purchase was made on or after the date on which a conditional commitment was
made for a loan guaranty for the project under section 41A.04, subdivision 3.

The commissioner of management and budget shall certify to the commissioner the date on
which the project received the conditional commitment. The amount deposited in the loan
guaranty account must be reduced by any refunds and by the costs incurred by the Department
of Revenue to administer and enforce the assessment and collection of the taxes.

(c) The commissioner shall deposit the revenues, including interest and penalties, derived
from the taxes imposed on sales and purchases included in section 297A.61, subdivision 3,
paragraph (g), clauses (1) and (4), in the state treasury, and credit them as follows:

(1) first to the general obligation special tax bond debt service account in each fiscal
year the amount required by section 16A.661, subdivision 3, paragraph (b); and

(2) after the requirements of clause (1) have been met, the balance to the general fund.

(d) Beginning with sales taxes remitted after July 1, 2017, the commissioner shall deposit
in the state treasury the revenues collected under section 297A.64, subdivision 1, including
interest and penalties and minus refunds, and credit them to the highway user tax distribution
fund.

(e) The commissioner shall deposit the revenues, including interest and penalties,
collected under section 297A.64, subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall transfer to the highway user
tax distribution fund an amount equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.

(f) Beginning with sales taxes remitted after July 1, 2017, in conjunction with the deposit
of revenues under paragraph (d), the commissioner shall deposit into the state treasury and
credit to the highway user tax distribution fund an amount equal to the estimated revenues
derived from the tax rate imposed under section 297A.62, subdivision 1, on the lease or
rental for not more than 28 days of rental motor vehicles subject to section 297A.64. The
commissioner shall estimate the amount of sales tax revenue deposited under this paragraph
based on the amount of revenue deposited under paragraph (d).

(g) Starting after July 1, 2017, the commissioner shall deposit an amount of the
remittances monthly into the state treasury and credit them to the highway user tax
distribution fund as a portion of the estimated amount of taxes collected from the sale and
purchase of motor vehicle repair parts in that month. For the remittances between July 1,
2017, and June 30, 2019, the monthly deposit amount is $2,628,000. For remittances in
each subsequent fiscal year, the monthly deposit amount is $12,137,000. For purposes of
this paragraph, "motor vehicle" has the meaning given in section 297B.01, subdivision 11,
and "motor vehicle repair and replacement parts" includes (i) all parts, tires, accessories,
and equipment incorporated into or affixed to the motor vehicle as part of the motor vehicle
maintenance and repair, and (ii) paint, oil, and other fluids that remain on or in the motor
vehicle as part of the motor vehicle maintenance or repair. For purposes of this paragraph,
"tire" means any tire of the type used on highway vehicles, if wholly or partially made of
rubber and if marked according to federal regulations for highway use.

(h) deleted text begin 72.43 deleted text end new text begin 97 new text end percent of the revenues, including interest and penalties, transmitted to the
commissioner under section 297A.65, must be deposited by the commissioner in the state
treasury as follows:

(1) 50 percent of the receipts must be deposited in the heritage enhancement account in
the game and fish fund, and may be spent only on activities that improve, enhance, or protect
fish and wildlife resources, including conservation, restoration, and enhancement of land,
water, and other natural resources of the state;

(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and may
be spent only for state parks and trails;

(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and may
be spent only on metropolitan park and trail grants;

(4) three percent of the receipts must be deposited in the natural resources fund, and
may be spent only on local trail grants; and

(5) two percent of the receipts must be deposited in the natural resources fund, and may
be spent only for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory,
and the Duluth Zoo.

(i) The revenue dedicated under paragraph (h) may not be used as a substitute for
traditional sources of funding for the purposes specified, but the dedicated revenue shall
supplement traditional sources of funding for those purposes. Land acquired with money
deposited in the game and fish fund under paragraph (h) must be open to public hunting
and fishing during the open season, except that in aquatic management areas or on lands
where angling easements have been acquired, fishing may be prohibited during certain times
of the year and hunting may be prohibited. At least 87 percent of the money deposited in
the game and fish fund for improvement, enhancement, or protection of fish and wildlife
resources under paragraph (h) must be allocated for field operations.

(j) The commissioner must deposit the revenues, including interest and penalties minus
any refunds, derived from the sale of items regulated under section 624.20, subdivision 1,
that may be sold to persons 18 years old or older and that are not prohibited from use by
the general public under section 624.21, in the state treasury and credit:

(1) 25 percent to the volunteer fire assistance grant account established under section
88.068;

(2) 25 percent to the fire safety account established under section 297I.06, subdivision
3; and

(3) the remainder to the general fund.

For purposes of this paragraph, the percentage of total sales and use tax revenue derived
from the sale of items regulated under section 624.20, subdivision 1, that are allowed to be
sold to persons 18 years old or older and are not prohibited from use by the general public
under section 624.21, is a set percentage of the total sales and use tax revenues collected in
the state, with the percentage determined under Laws 2017, First Special Session chapter
1, article 3, section 39.

(k) The revenues deposited under paragraphs (a) to (j) do not include the revenues,
including interest and penalties, generated by the sales tax imposed under section 297A.62,
subdivision 1a, which must be deposited as provided under the Minnesota Constitution,
article XI, section 15.

Sec. 73.

new text begin [325E.3892] LEAD AND CADMIUM IN CONSUMER PRODUCTS;
PROHIBITION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "covered product" means any
of the following products or product components:
new text end

new text begin (1) jewelry;
new text end

new text begin (2) toys;
new text end

new text begin (3) cosmetics and personal care products;
new text end

new text begin (4) puzzles, board games, card games, and similar games;
new text end

new text begin (5) play sets and play structures;
new text end

new text begin (6) outdoor games;
new text end

new text begin (7) school supplies;
new text end

new text begin (8) pots and pans;
new text end

new text begin (9) cups, bowls, and other food containers;
new text end

new text begin (10) craft supplies and jewelry-making supplies;
new text end

new text begin (11) chalk, crayons, paints, and other art supplies;
new text end

new text begin (12) fidget spinners;
new text end

new text begin (13) costumes, costume accessories, and children's and seasonal party supplies;
new text end

new text begin (14) keys, key chains, and key rings; and
new text end

new text begin (15) clothing, footwear, headwear, and accessories.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) A person must not import, manufacture, sell, hold for sale, or
distribute or offer for use in this state any covered product containing:
new text end

new text begin (1) lead at more than 0.009 percent by total weight (90 parts per million); or
new text end

new text begin (2) cadmium at more than 0.0075 percent by total weight (75 parts per million).
new text end

new text begin (b) This section does not apply to covered products containing lead or cadmium, or both,
when regulation is preempted by federal law.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin The commissioners of the Pollution Control Agency, commerce,
and health may coordinate in enforcing this section. The commissioner of the Pollution
Control Agency or commerce may, with the attorney general, enforce any federal restrictions
on the sale of products containing lead or cadmium, or both, as allowed under federal law.
The commissioner of the Pollution Control Agency may enforce this section under sections
115.071 and 116.072. The commissioner of commerce may enforce this section under
section 45.027, subdivisions 1 to 6, 325F.10 to 325F.12, and 325F.14 to 325F.16. The
attorney general may enforce this section under section 8.31.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 74.

Minnesota Statutes 2020, section 394.36, subdivision 4, is amended to read:

Subd. 4.

Nonconformities; certain classes of property.

This subdivision applies to
homestead and nonhomestead residential real estate and seasonal residential real estate
occupied for recreational purposes. Except as otherwise provided by law, a nonconformity,
including the lawful use or occupation of land or premises existing at the time of the adoption
of an official control under this chapter, may be continued, including through repair,
replacement, restoration, maintenance, or improvement, but not including expansion. If the
nonconformity or occupancy is discontinued for a period of more than one year, or any
nonconforming building or structure is destroyed by fire or other peril to the extent of greater
than 50 percent of its estimated market value, as indicated in the records of the county
assessor at the time of damage, and no building permit has been applied for within 180 days
of when the property is damaged, any subsequent use or occupancy of the land or premises
must be a conforming use or occupancy. If a nonconforming building or structure is destroyed
by fire or other peril to the extent of greater than 50 percent of its estimated market value,
as indicated in the records of the county assessor at the time of damage, the board may
impose reasonable conditions upon a zoning or building permit in order to mitigate any
newly created impact on adjacent property or water body. When a nonconforming structure
in the shoreland district with less than 50 percent of the required setback from the water is
destroyed by fire or other peril to greater than 50 percent of its estimated market value, as
indicated in the records of the county assessor at the time of damage, the structure setback
may be increased if practicable and reasonable conditions are placed upon a zoning or
building permit to mitigate created impacts on the adjacent property or water body. new text begin A county
may, by ordinance, permit an expansion or impose upon nonconformities reasonable
regulations to prevent and abate nuisances and to protect the public health, welfare, or safety.
new text end

Sec. 75.

Minnesota Statutes 2020, section 473.121, is amended by adding a subdivision
to read:

new text begin Subd. 37. new text end

new text begin Community water system. new text end

new text begin "Community water system" has the meaning
given in United States Code, title 42, section 300f(15).
new text end

Sec. 76.

Minnesota Statutes 2020, section 473.121, is amended by adding a subdivision
to read:

new text begin Subd. 38. new text end

new text begin Lead service line. new text end

new text begin "Lead service line" means a water supply connection that
is made of or lined with a material consisting of lead and that connects a water main to a
building. A lead pigtail, lead gooseneck, or other lead fitting is considered a lead service
line, regardless of the composition of the service line or other portions of piping to which
the piece is attached. A galvanized service line is considered a lead service line.
new text end

Sec. 77.

Minnesota Statutes 2020, section 473.121, is amended by adding a subdivision
to read:

new text begin Subd. 39. new text end

new text begin Service line. new text end

new text begin "Service line" means any piping, tubing, or fitting connecting a
water main to a building. Service line includes the property owner side and the system side
of a service line.
new text end

Sec. 78.

Minnesota Statutes 2020, section 473.121, is amended by adding a subdivision
to read:

new text begin Subd. 40. new text end

new text begin System side. new text end

new text begin "System side" means the portion of a service line that is owned
by a community water system.
new text end

Sec. 79. new text begin PERSON WITH A DISABILITY; RULEMAKING.
new text end

new text begin (a) The commissioner of natural resources must amend Minnesota Rules, part 6230.0250,
subpart 10, item A, subitem (2), by changing the word "hunter" to "person."
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. 80. new text begin COMMUNITY AIR MONITORING SYSTEM PILOT GRANT 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) "Agency" means the Minnesota Pollution Control Agency.
new text end

new text begin (c) "Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
new text end

new text begin (d) "Community air monitoring system" means a system of devices monitoring ambient
air quality at many locations within a small geographic area that is subject to air pollution
from a variety of stationary and mobile sources in order to obtain frequent measurements
of pollution levels, to detect differences in exposure to pollution over distances no larger
than a city block, and to identify areas where pollution levels are inordinately elevated.
new text end

new text begin (e) "Environmental justice area" has the meaning given in Minnesota Statutes, section
116.06, subdivision 10b.
new text end

new text begin (f) "Nonprofit organization" means an organization that is exempt from taxation under
section 501(c)(3) of the Internal revenue Code.
new text end

new text begin Subd. 2. new text end

new text begin Establishment of program. new text end

new text begin A community air monitoring system pilot grant
program is established in the Pollution Control Agency to measure air pollution levels at
many locations within an environmental justice area in Minneapolis.
new text end

new text begin Subd. 3. new text end

new text begin Eligible applicants. new text end

new text begin Grants under this section may be awarded to applicants
consisting of a partnership between a nonprofit organization located in an environmental
justice area in which the community air monitoring system is to be deployed and an entity
that has experience deploying, operating, and interpreting data from air monitoring systems.
new text end

new text begin Subd. 4. new text end

new text begin Eligible projects. new text end

new text begin Grants may be awarded under this section to applicants
whose proposals:
new text end

new text begin (1) use a variety of air monitoring technologies approved for use by the commissioner,
including but not limited to stationary monitors, sensor-based handheld devices, and mobile
devices that can be attached to vehicles or drones to measure air pollution levels;
new text end

new text begin (2) obtain data at fixed locations and from handheld monitoring devices that are carried
by residents of the community on designated walking routes in the targeted community and
that can provide high-frequency measurements; and
new text end

new text begin (3) use the monitoring data to generate maps of pollution levels throughout the monitored
area.
new text end

new text begin Subd. 5. new text end

new text begin Eligible expenditures. new text end

new text begin Grants may be used only for the following activities:
new text end

new text begin (1) planning the configuration and deployment of the community air monitoring system;
new text end

new text begin (2) purchasing and installing air monitoring devices as part of the community air
monitoring system;
new text end

new text begin (3) training and paying persons who operate stationary, handheld, and mobile devices
to measure air pollution;
new text end

new text begin (4) developing data and mapping systems to analyze, organize, and present the air
monitoring data collected; and
new text end

new text begin (5) writing a final report on the project according to subdivision 9.
new text end

new text begin Subd. 6. new text end

new text begin Air monitoring technologies; commissioner approval. new text end

new text begin The commissioner
must approve air monitoring technologies proposed to be used in a project awarded a grant
under this section. Approved air monitoring technologies must meet a reasonable level of
accuracy and consistency.
new text end

new text begin Subd. 7. new text end

new text begin Application and grant award process. new text end

new text begin An eligible applicant must submit an
application to the commissioner on a form prescribed by the commissioner. The
commissioner must develop administrative procedures governing the application and grant
award process. The commissioner must act as fiscal agent for the grant program and is
responsible for receiving and reviewing grant applications and awarding grants under this
section.
new text end

new text begin Subd. 8. new text end

new text begin Grant awards; priorities. new text end

new text begin In awarding grants under this section, the
commissioner must give priority to proposed projects that:
new text end

new text begin (1) take place in areas with high rates of illness associated with exposure to air pollution,
including asthma, chronic obstructive pulmonary disease, heart disease, chronic bronchitis,
and cancer;
new text end

new text begin (2) promote public access to and transparency of air monitoring data developed through
the project; and
new text end

new text begin (3) conduct outreach activities to promote community awareness of and engagement
with the project.
new text end

new text begin Subd. 9. new text end

new text begin Report to agency. new text end

new text begin No later than 90 days after a project ends, the grantee must
submit a written report to the commissioner describing the project's findings and results,
and any recommendations for agency actions, programs, or activities to reduce levels of air
pollution measured by the community air monitoring system. The grantee must also forward
to the commissioner all air monitoring data developed by the project.
new text end

new text begin Subd. 10. new text end

new text begin Report to legislature. new text end

new text begin No later than January 15, 2024, the commissioner must
submit a report to the chairs and ranking minority members of the legislative committees
with primary jurisdiction over environment policy and finance on the results of the grant
program, including:
new text end

new text begin (1) any changes in the agency's air monitoring network that will occur as a result of data
developed under the program;
new text end

new text begin (2) any actions the agency has taken or proposes to take to reduce levels of pollution
that impact the environmental justice areas that received grants under the program; and
new text end

new text begin (3) any recommendations for legislation, including whether the program should be
extended or expanded.
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. 81. new text begin RULEMAKING; AIR TOXICS EMISSIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section:
new text end

new text begin (1) "agency" means the Minnesota Pollution Control Agency;
new text end

new text begin (2) "air toxic" has the meaning given under section 116.062;
new text end

new text begin (3) "commissioner" has the meaning given in Minnesota Statutes, section 116.06,
subdivision 6a;
new text end

new text begin (4) "continuous emission monitoring system" has the meaning given in Minnesota Rules,
part 7017.1002, subpart 4;
new text end

new text begin (5) "environmental justice area" has the meaning given in Minnesota Statutes, section
116.06,subdivision 10b;
new text end

new text begin (6) "performance test" has the meaning given in Minnesota Rules, part 7017.2005,
subpart 4; and
new text end

new text begin (7) "volatile organic compound" means any compound of carbon that participates in
atmospheric photochemical reactions, except for carbon monoxide, carbon dioxide, carbonic
acid, metallic carbides or carbonates, and ammonium carbonate.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking required. new text end

new text begin No later than January 15, 2023, the commissioner of
the Pollution Control Agency must initiate rulemaking under Minnesota Statutes, chapter
14, to regulate air toxics emissions by providing notice of a rulemaking hearing according
to Minnesota Statutes, section 14.14, subdivision 1a.
new text end

new text begin Subd. 3. new text end

new text begin Content of rules. new text end

new text begin (a) The rules required under subdivision 2 must address, at
a minimum, the following issues:
new text end

new text begin (1) the specific air toxics to be regulated, including, at a minimum, those defined in
section 116.062;
new text end

new text begin (2) the types of facilities to be regulated, including, at a minimum, facilities that have
been issued an air quality permit by the commissioner and:
new text end

new text begin (i) emit air toxics, whether or not the emissions are limited in a permit; or
new text end

new text begin (ii) purchase or use material containing volatile organic compounds;
new text end

new text begin (3) performance tests conducted by facilities to measure the volume of air toxics emissions
and testing methods, procedures, protocols, and frequency;
new text end

new text begin (4) required air monitoring, including using continuous emission monitoring systems
for certain facilities;
new text end

new text begin (5) requirements for reporting information to the agency to assist the agency in
determining the volume of the facility's air toxics emissions and the facility's compliance
with emission limits in the facility's permit;
new text end

new text begin (6) record keeping related to air toxics emissions; and
new text end

new text begin (7) frequency of facility inspections and inspection activities that provide information
about air toxics emissions.
new text end

new text begin (b) In developing rules, the commissioner must establish testing, monitoring, reporting,
record-keeping, and inspection requirements for facilities that reflect:
new text end

new text begin (1) the different risks to human health and the environment posed by the specific air
toxics and volumes emitted by a facility, such that facilities posing greater risks are required
to more frequently conduct performance tests and air monitoring, receive inspections, and
report to the agency;
new text end

new text begin (2) the facility's record of compliance with air toxics emission limits and other permit
conditions; and
new text end

new text begin (3) any exposure of residents of an environmental justice area to the facility's air toxics
emissions.
new text end

new text begin (c) The rules developed under this section must specify that the commissioner, in
developing air toxics emission limits for a specific facility, must consider the additive nature
of risk posed by exposure to all the air toxics emitted by the facility.
new text end

new text begin Subd. 4. new text end

new text begin Modifying permits. new text end

new text begin After adopting the rules required in subdivision 2, the
commissioner must incorporate air toxics emission limits to conform with the rule changes
in existing air quality permits that:
new text end

new text begin (1) contain emission limits for air toxics; or
new text end

new text begin (2) do not contain emission limits for air toxics but are held by facilities that emit air
toxics.
new text end

new text begin Subd. 5. new text end

new text begin Relation to federal law. new text end

new text begin The commissioner must implement this section
consistent with federal law and to the fullest extent allowed by federal law. Nothing in this
section may be construed to conflict with federal law.
new text end

new text begin Subd. 6. new text end

new text begin Rulemaking cost. new text end

new text begin The commissioner must collect the agency's costs to adopt
rules required under this section and to conduct regulatory activities required as a result of
the adopted rules through the annual fee paid by owners or operators of facilities required
to obtain air quality permits from the agency, as required under Minnesota Statutes, section
116.07, subdivision 4d, paragraph (b).
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. 82. new text begin PIG'S EYE LANDFILL TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Pig's Eye Landfill Task Force. new text end

new text begin The commissioner of the Pollution
Control Agency must establish a Pig's Eye Landfill Task Force to coordinate efforts to
remediate and restore the Pig's Eye Landfill Superfund site and address perfluoroalkyl and
polyfluoroalkyl substances (PFAS) contamination of Battle Creek, Pig's Eye Lake, and
nearby groundwater. The task force is subject to Minnesota Statutes, section 15.059,
subdivision 6.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The task force must consist of:
new text end

new text begin (1) the commissioner of the Pollution Control Agency;
new text end

new text begin (2) the commissioner of natural resources;
new text end

new text begin (3) the commissioner of health;
new text end

new text begin (4) a representative from the Metropolitan Council;
new text end

new text begin (5) a representative from the United States Army Corps of Engineers;
new text end

new text begin (6) a representative from the United States Coast Guard;
new text end

new text begin (7) a representative from the federal Environmental Protection Agency;
new text end

new text begin (8) a representative from the National Park Service;
new text end

new text begin (9) a representative from the Ramsey-Washington Metro Watershed District; and
new text end

new text begin (10) one representative from each of the following impacted local governments:
new text end

new text begin (i) St. Paul;
new text end

new text begin (ii) South St. Paul;
new text end

new text begin (iii) Ramsey County; and
new text end

new text begin (iv) Dakota County.
new text end

new text begin Subd. 3. new text end

new text begin Organization. new text end

new text begin (a) By October 15, 2022, the commissioner or the commissioner's
designee must convene the first meeting of the task force.
new text end

new text begin (b) The task force must meet monthly or as determined by the chair. Meetings of the
task force must be open to the public.
new text end

new text begin (c) The members of the task force must annually elect a chair, vice chair, and other
officers as the members deem necessary.
new text end

new text begin Subd. 4. new text end

new text begin Staff. new text end

new text begin The commissioner must provide support staff, office space, and
administrative services for the task force.
new text end

new text begin Subd. 5. new text end

new text begin Reports. new text end

new text begin By February 15 each year, the commissioner must submit an annual
report to the chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over the environment and natural resources on the status of the task force's
work. The final report, due February 15, 2026, must:
new text end

new text begin (1) summarize the history of the Pig's Eye Landfill, including cleanup efforts and impacts;
new text end

new text begin (2) include a coordinated plan to:
new text end

new text begin (i) cleanup and remediate the brownfield site;
new text end

new text begin (ii) restore and enhance wildlife habitat;
new text end

new text begin (iii) prevent future water contamination; and
new text end

new text begin (iv) address existing water quality issues;
new text end

new text begin (3) identify infrastructure needs;
new text end

new text begin (4) identify potential funding sources; and
new text end

new text begin (5) include any recommendations for legislative action.
new text end

new text begin Subd. 6. new text end

new text begin Sunset. new text end

new text begin The task force expires June 30, 2026.
new text end

Sec. 83. new text begin TURTLE SELLER'S LICENSES; TRANSFER AND RENEWAL.
new text end

new text begin The commissioner of natural resources must not renew or transfer a turtle seller's license
after the effective date of this section.
new text end

Sec. 84. new text begin SEED DISPOSAL RULEMAKING REQUIRED.
new text end

new text begin The commissioner of the Pollution Control Agency, in consultation with the commissioner
of agriculture and the University of Minnesota, must adopt rules under Minnesota Statutes,
chapter 14, providing for the safe and lawful disposal of unwanted or unused seed treated
with neonicotinoid pesticide. The rules must clearly identify the regulatory jurisdiction of
state agencies and local governments with regard to such seed.
new text end

Sec. 85. new text begin DESIGNATED SWAN RESTING AREAS.
new text end

new text begin Subdivision 1. new text end

new text begin Swan resting areas. new text end

new text begin The commissioner of natural resources may designate
waters within Minnesota's swan migration corridor as swan resting areas.
new text end

new text begin Subd. 2. new text end

new text begin Public notice and meeting. new text end

new text begin (a) Before the commissioner designates or removes
a designation of a swan resting area, public comment must be received and a public meeting
must be held in the county where the largest portion of the water is located.
new text end

new text begin (b) At least 90 days before the public meeting, notice of the proposed designation or
removal of the designation must be posted at publicly maintained access points on the water.
new text end

new text begin (c) 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 swan resting area is 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.
new text end

new text begin (d) The notices required in this subdivision must summarize the proposed action, invite
public comment, and specify a deadline for receiving public comments. The commissioner
must send each required notice to persons who have registered their names with the
commissioner for this purpose. The commissioner must consider any public comments
received in making a final decision.
new text end

new text begin Subd. 3. new text end

new text begin Using lead sinkers. new text end

new text begin A person may not use lead sinkers on a water designated
by the commissioner as a swan resting area under subdivision 1. The commissioner must
maintain a list of swan resting areas and information on the lead sinker restrictions on the
department's website and in any summary of fishing regulations required under Minnesota
Statutes, section 97A.051.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By January 15, 2025, the commissioner of natural resources must
submit a report to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over the environment and natural resources on the
implementation of this section and any recommendations.
new text end

new text begin Subd. 5. new text end

new text begin Sunset. new text end

new text begin This section expires January 1, 2026.
new text end

Sec. 86. new text begin SWAN RESTITUTION VALUES; RULE AMENDMENTS.
new text end

new text begin (a) The commissioner of natural resources must amend Minnesota Rules, part 6133.0030,
to increase the restitution value of a tundra swan from $200 to $1,000 and the restitution
value of a trumpeter swan from $1,000 to $2,500.
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. 87. new text begin MANURE STORAGE AREA REPORTS REQUIRED.
new text end

new text begin (a) No later than December 15, 2022, the commissioner of the Pollution Control Agency
must develop a list based on registration data for each county of potentially abandoned
manure storage areas.
new text end

new text begin (b) No later than January 15, 2024, each delegated county must report to the commissioner
of the Pollution Control Agency a list of abandoned manure storage areas located in the
county. The report must be submitted by the county feedlot officer.
new text end

new text begin (c) No later than January 15, 2024, the Pollution Control Agency regional feedlot staff
must compile a list of abandoned manure storage areas located in counties under their
regulatory jurisdiction that do not have delegation agreements with the agency.
new text end

new text begin (d) No later than February 15, 2024, the commissioner of the Pollution Control Agency
must submit a compilation report and list of abandoned manure storage areas to the legislative
committees with jurisdiction over agriculture and environment. The report must include
recommendations for remediation. The commissioner must seek advice from the Minnesota
Association of County Feedlot Officers and livestock associations for recommendations,
including existing and any proposed options for remediation.
new text end

new text begin (e) For purposes of this section, "abandoned manure storage areas" has the meaning
given in Minnesota Statutes, section 116.07, subdivision 7g.
new text end

new text begin (f) Reports and lists required under this section are not feedlot inventories for purposes
of Minnesota Statutes, section 116.07, subdivision 7b.
new text end

Sec. 88. new text begin PETROLEUM TANK RELEASE CLEANUP; REPORT TO
LEGISLATURE.
new text end

new text begin The commissioner of the Pollution Control Agency must perform the duties under clauses
(1) to (5) with respect to the petroleum tank release cleanup program governed by Minnesota
Statutes, chapter 115C, and must, no later than January 15, 2023, report the results to the
chairs and ranking minority members of the senate and house of representatives committees
with primary jurisdiction over environment policy and finance. The report must include any
recommendations for legislation. The commissioner must:
new text end

new text begin (1) explicitly define the conditions that must be present in order for the commissioner
to classify a site as posing a low potential risk to public health and the environment and
ensure that all agency staff use the definition in assessing potential risks. In determining
the conditions that indicate that a site poses a low risk, the commissioner must consider the
biodegradable nature of the petroleum contaminants found at the site and relevant site
conditions, including but not limited to the nature of groundwater flow, soil type, and
proximity of features at or near the site that could potentially become contaminated;
new text end

new text begin (2) develop guidelines to incorporate consideration of potential future uses of a
contaminated property into all agency staff decisions regarding site remediation;
new text end

new text begin (3) develop measurable objectives that allow the quality of the agency's performance in
remediating petroleum-contaminated properties to be evaluated and conduct such evaluations
periodically;
new text end

new text begin (4) in collaboration with the Petroleum Tank Release Compensation Board and the
commissioner of commerce, examine whether and how to establish technical qualifications
for consultants hired to remediate petroleum-contaminated properties as a strategy to improve
the quality of remediation work, and how agencies can share information on consultant
performance; and
new text end

new text begin (5) in collaboration with the commissioner of commerce, make consultants who remediate
petroleum-contaminated sites more accountable for the quality of their work by:
new text end

new text begin (i) developing a formal system of measures and procedures by which to evaluate the
work; and
new text end

new text begin (ii) sharing evaluations with the commissioner of commerce and with responsible parties.
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. 89. new text begin CARPET STEWARDSHIP PROGRAM; REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Carpet stewardship program plan. new text end

new text begin The commissioner of the Pollution
Control Agency must develop a plan for establishing a carpet stewardship program designed
to reduce carpet-related waste generation by promoting the collection and recycling of
discarded carpet. The plan must include:
new text end

new text begin (1) an organizational structure for the program, including roles for the state, carpet
producers, retailers, collection site operators, and recyclers;
new text end

new text begin (2) a timeline for implementing the program;
new text end

new text begin (3) a fee structure that ensures the costs of the program are recovered, including
recommendations for determining the amount, methods of collecting the fee, and how fee
revenues will be managed;
new text end

new text begin (4) a plan for how discarded carpet will be collected and transported to recyclers in this
state;
new text end

new text begin (5) strategies for improving education and training of retailers, carpet installers, and
collection site operators to improve the recycling rates of carpet; and
new text end

new text begin (6) draft legislation necessary for implementing the plan.
new text end

new text begin Subd. 2. new text end

new text begin Task force; public engagement. new text end

new text begin (a) The commissioner must convene a task
force to assist with developing the plan required under subdivision 1. The task force must
include:
new text end

new text begin (1) one representative of a statewide association representing retailers;
new text end

new text begin (2) two representatives of producers;
new text end

new text begin (3) two representatives of recyclers;
new text end

new text begin (4) one representative of statewide associations representing waste disposal companies;
new text end

new text begin (5) one representative of an environmental organization;
new text end

new text begin (6) one representative of county or municipal waste management programs;
new text end

new text begin (7) two representatives of companies that use discarded carpet to manufacture products
other than new carpet;
new text end

new text begin (8) one representative of carpet installers; and
new text end

new text begin (9) two members of the general public.
new text end

new text begin (b) Members of the task force must not be registered lobbyists.
new text end

new text begin (c) The commissioner must provide opportunities for the public to provide input on the
program.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The commissioner must submit a report with the plan required under
this section to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over the environment by January 15, 2023.
new text end

Sec. 90. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2020, section 97C.605, subdivisions 2, 2a, 2b, and 5, new text end new text begin and
new text end new text begin Minnesota Rules, part 6256.0500, subparts 2, 2a, 2b, 4, 5, 6, 7, and 8, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2020, sections 325E.389; and 325E.3891, new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2020, sections 86B.101; 86B.305; and 86B.313, subdivisions 2
and 3, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (b) is effective July 1, 2023. Paragraph (c) is effective
July 1, 2024.
new text end

ARTICLE 3

FARMED CERVIDAE

Section 1.

Minnesota Statutes 2020, section 13.643, subdivision 6, is amended to read:

Subd. 6.

Animal premises data.

(a) new text begin Except for farmed Cervidae premises location data
collected and maintained under section 35.155, new text end the following data collected and maintained
by the Board of Animal Health related to registration and identification of premises and
animals under chapter 35, are classified as private or nonpublic:

(1) the names and addresses;

(2) the location of the premises where animals are kept; and

(3) the identification number of the premises or the animal.

(b) Except as provided in section 347.58, subdivision 5, data collected and maintained
by the Board of Animal Health under sections 347.57 to 347.64 are classified as private or
nonpublic.

(c) The Board of Animal Health may disclose data collected under paragraph (a) or (b)
to any person, agency, or to the public if the board determines that the access will aid in the
law enforcement process or the protection of public or animal health or safety.

Sec. 2.

Minnesota Statutes 2020, section 35.155, subdivision 1, is amended to read:

Subdivision 1.

Running at large prohibited.

(a) An owner may not allow farmed
Cervidae to run at large. The owner must make all reasonable efforts to return escaped
farmed Cervidae to their enclosures as soon as possible. The owner must new text begin immediately new text end notify
the commissioner of natural resources of the escape of farmed Cervidae if the farmed
Cervidae are not returned or captured by the owner within 24 hours of their escape.

(b) An owner is liable for expenses of another person in capturing, caring for, and
returning farmed Cervidae that have left their enclosures if the person capturing the farmed
Cervidae contacts the owner as soon as possible.

(c) If an owner is unwilling or unable to capture escaped farmed Cervidae, the
commissioner of natural resources may destroy the escaped farmed Cervidae. The
commissioner of natural resources must allow the owner to attempt to capture the escaped
farmed Cervidae prior to destroying the farmed Cervidae. Farmed Cervidae that are not
captured by 24 hours after escape may be destroyed.

new text begin (d) A hunter licensed by the commissioner of natural resources under chapter 97A may
kill and possess escaped farmed Cervidae in a lawful manner and is not liable to the owner
for the loss of the animal.
new text end

new text begin (e) Escaped farmed Cervidae killed by a hunter or destroyed by the commissioner of
natural resources must be tested for chronic wasting disease at the owner's expense.
new text end

new text begin (f) The owner is responsible for proper disposal, as determined by the board, of farmed
Cervidae that are killed or destroyed under this subdivision and test positive for chronic
wasting disease.
new text end

new text begin (g) An owner is liable for any additional costs associated with escaped farmed Cervidae
that are infected with chronic wasting disease, including the cost of additional surveillance
and capture caused by the escape. This paragraph may be enforced by the attorney general
on behalf of any state agency affected.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, section 35.155, subdivision 4, is amended to read:

Subd. 4.

Fencing.

Farmed Cervidae must be confined in a manner designed to prevent
escape. new text begin Except as provided in subdivision 4a, new text end all perimeter fences for farmed Cervidae must
be at least 96 inches in height and be constructed and maintained in a way that prevents the
escape of farmed Cervidae deleted text begin or deleted text end new text begin , new text end entry into the premises by free-roaming Cervidae new text begin , and physical
contact between farmed Cervidae and free-roaming Cervidae new text end . deleted text begin After July 1, 2019, deleted text end All new
fencing installed and all fencing used to repair deficiencies must be high tensile. deleted text begin By
December 1, 2019, deleted text end All entry areas for farmed Cervidae enclosure areas must have two
redundant gates, which must be maintained to prevent the escape of animals through an
open gate. If a fence deficiency allows entry or exit by farmed or wild Cervidae, the owner
must repair the deficiency within deleted text begin a reasonable time, as determined by the Board of Animal
Health, not to exceed 45 deleted text end new text begin 14 new text end days. If a fence deficiency is detected during an inspection, the
facility must be reinspected at least once in the subsequent three months. The farmed
Cervidae owner must pay a reinspection fee equal to one-half the applicable annual inspection
fee under subdivision 7a for each reinspection related to a fence violation. If the facility
experiences more than one escape incident in any six-month period or fails to correct a
deficiency found during an inspection, the board may revoke the facility's registration and
order the owner to remove or destroy the animals as directed by the board. If the board
revokes a facility's registration, the commissioner of natural resources may seize and destroy
animals at the facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2023.
new text end

Sec. 4.

Minnesota Statutes 2020, section 35.155, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Fencing; commercial herds. new text end

new text begin In addition to the requirements in subdivision
4, commercially farmed white-tailed deer must be confined by two or more perimeter fences,
with each perimeter fence at least 120 inches in height.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2023.
new text end

Sec. 5.

Minnesota Statutes 2020, section 35.155, subdivision 6, is amended to read:

Subd. 6.

Identification.

(a) Farmed Cervidae must be identified by means approved by
the Board of Animal Health. The identification must include a distinct number that has not
been used during the previous three years and must be visible to the naked eye during
daylight under normal conditions at a distance of 50 yards. new text begin Within 14 days of birth,
new text end white-tailed deer must be identified deleted text begin before October 31 of the year in which the animal is
born, at the time of weaning, or before movement from the premises, whichever occurs first deleted text end new text begin
with an ear tag that adheres to the National Uniform Ear-Tagging System (NUES) or the
Animal Identification Number (AIN) system new text end . Elk and other cervids must be identified by
December 31 of the year in which the animal is born or before movement from the premises,
whichever occurs first. As coordinated by the board, the commissioner of natural resources
may destroy any animal that is not identified as required under this subdivision.

(b) The Board of Animal Health shall register farmed Cervidae. The owner must submit
the registration request on forms provided by the board. The forms must include sales
receipts or other documentation of the origin of the Cervidae. The board must provide copies
of the registration information to the commissioner of natural resources upon request. The
owner must keep written records of the acquisition and disposition of registered farmed
Cervidae.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2023.
new text end

Sec. 6.

Minnesota Statutes 2020, section 35.155, subdivision 10, is amended to read:

Subd. 10.

Mandatory registration.

(a) A person may not possess live Cervidae in
Minnesota unless the person is registered with the Board of Animal Health and meets all
the requirements for farmed Cervidae under this section. Cervidae possessed in violation
of this subdivision may be seized and destroyed by the commissioner of natural resources.

(b) A person whose registration is revoked by the board is ineligible for future registration
under this section unless the board determines that the person has undertaken measures that
make future escapes extremely unlikely.

new text begin (c) The board must not allow new registrations under this section for possessing
white-tailed deer. This paragraph does not prohibit a person holding a valid registration
under this subdivision from selling or transferring the person's registration to a family
member who resides in this state and is related to the person within the third degree of
kindred according to the rules of civil law. A valid registration may be sold or transferred
only once under this paragraph. Before the board approves a sale or transfer under this
paragraph, the board must verify that the herd is free from chronic wasting disease and the
person or eligible family member must pay a onetime transfer fee of $500 to the board.
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.

Minnesota Statutes 2021 Supplement, section 35.155, subdivision 11, is amended
to read:

Subd. 11.

Mandatory surveillance for chronic wasting disease; depopulation.

(a)
An inventory for each farmed Cervidae herd must be verified by an accredited veterinarian
and filed with the Board of Animal Health every 12 months.

(b) Movement of farmed Cervidae from any premises to another location must be reported
to the Board of Animal Health within 14 days of the movement on forms approved by the
Board of Animal Health. new text begin A person must not move farmed white-tailed deer from any premises
to another location.
new text end

(c) All animals from farmed Cervidae herds that are over deleted text begin 12 deleted text end new text begin six new text end months of age that die
or are slaughtered must be tested for chronic wasting disease.

(d) The owner of a premises where chronic wasting disease is detected must:

new text begin (1) allow and cooperate with inspections of the premises as determined by the Board of
Animal Health and Department of Natural Resources conservation officers and wildlife
managers;
new text end

deleted text begin (1) deleted text end new text begin (2) new text end depopulate the premises of Cervidae after the federal indemnification process
has been completed or, if an indemnification application is not submitted, within deleted text begin a reasonable
time determined by the board in consultation with the commissioner of natural resources deleted text end new text begin
30 days new text end ;

deleted text begin (2) deleted text end new text begin (3) new text end maintain the fencing required under deleted text begin subdivision deleted text end new text begin subdivisions new text end 4 new text begin and 4a new text end on the
premises for deleted text begin five deleted text end new text begin ten new text end years after the date of detection; deleted text begin and
deleted text end

deleted text begin (3) deleted text end new text begin (4) new text end post the fencing on the premises with biohazard signs as directed by the board deleted text begin . deleted text end new text begin ;
new text end

new text begin (5) not raise farmed Cervidae on the premises for at least ten years;
new text end

new text begin (6) before any sale or transfer of the premises, test the soil for evidence of chronic wasting
disease using a method approved by the board and report the results to the board; and
new text end

new text begin (7) record with the county recorder or registrar of titles a notice, in the form required by
the board, that includes the location and legal description of the premises, the date of
detection, the date of depopulation, the landowner requirements under this paragraph, and
any other information required by the board.
new text end

new text begin (e) An owner of farmed Cervidae that test positive for chronic wasting disease is
responsible for proper disposal of the animals, as determined by the board.
new text end

Sec. 8.

Minnesota Statutes 2020, section 35.155, subdivision 12, is amended to read:

Subd. 12.

Importation.

new text begin (a) new text end A person must not import new text begin live new text end Cervidae new text begin or Cervidae semen new text end
into the state from a herd that is new text begin :
new text end

new text begin (1) new text end infected new text begin with new text end or new text begin has been new text end exposed to chronic wasting disease new text begin ; new text end or

new text begin (2) new text end from a deleted text begin known deleted text end new text begin state or province where new text end chronic wasting disease deleted text begin endemic area, as
determined by the board deleted text end new text begin is present in farmed or wild Cervidae populations new text end .

new text begin (b) new text end A person may import new text begin live new text end Cervidae new text begin or Cervidae semen new text end into the state only from a
herd that new text begin :
new text end

new text begin (1) new text end is not deleted text begin in a known deleted text end new text begin located in a state or province where new text end chronic wasting disease deleted text begin endemic
area, as determined by the board, deleted text end new text begin is present in farmed or wild Cervidae populations; new text end and
deleted text begin the herd
deleted text end

new text begin (2) new text end has been subject to a deleted text begin state or provincial approved deleted text end new text begin state- or provincial-approved new text end
chronic wasting disease monitoring program for at least three years.

new text begin (c) new text end Cervidae new text begin or Cervidae semen new text end imported in violation of this section may be seized and
destroyed by the commissioner of natural resources.

Sec. 9. new text begin WHITE-TAILED DEER TESTING REQUIRED; CHRONIC WASTING
DISEASE.
new text end

new text begin Subdivision 1. new text end

new text begin Live-animal testing. new text end

new text begin No later than December 31, 2022, an owner of
farmed white-tailed deer registered with the Board of Animal Health under Minnesota
Statutes, section 35.155, must have each farmed white-tailed deer tested for chronic wasting
disease using a real-time quaking-induced conversion (RT-QuIC) test and report the results
to the Board of Animal Health in the form required by the board. If a white-tailed deer tests
positive, the owner must have the animal tested a second time using an RT-QuIC test.
new text end

new text begin Subd. 2. new text end

new text begin Postmortem testing. new text end

new text begin If a farmed white-tailed deer tests positive twice under
subdivision 1, the owner must have the animal destroyed and tested for chronic wasting
disease using a postmortem test approved by the Board of Animal Health.
new text end

new text begin Subd. 3. new text end

new text begin Herd depopulation. new text end

new text begin If a farmed white-tailed deer tests positive for chronic
wasting disease under subdivision 2, the owner must depopulate the premises of farmed
Cervidae as required under Minnesota Statutes, section 35.155.
new text end

Sec. 10. new text begin TRANSFER OF DUTIES; FARMED CERVIDAE.
new text end

new text begin (a) Except as provided in paragraph (b), the responsibilities for administering and
enforcing the statutes and rules listed in clauses (1) and (2) are transferred pursuant to
Minnesota Statutes, section 15.039, from the Board of Animal Health to the commissioner
of natural resources:
new text end

new text begin (1) Minnesota Statutes, sections 35.153 and 35.155; and
new text end

new text begin (2) Minnesota Rules, parts 1721.0370 to 1721.0420.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 15.039, subdivision 7, the transfer of
personnel will not take place. The commissioner of natural resources may contract with the
Board of Animal Health for any veterinary services required to administer this program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 11. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must recodify the relevant sections in Minnesota Statutes, chapter
35, and Minnesota Rules, chapter 1721, as necessary to conform with section 10. The revisor
must also change the responsible agency, remove obsolete language, and make necessary
cross-reference changes consistent with section 10 and the renumbering.
new text end

ARTICLE 4

POLLUTION CONTROL; PFAS

Section 1.

new text begin [116.943] PFAS IN CARPETS AND TEXTILES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (1) "carpet or rug" means a fabric marketed or intended for use as a floor covering;
new text end

new text begin (2) "fabric treatment" means a substance applied to fabric to give the fabric one or more
characteristics, including but not limited to stain resistance or water resistance;
new text end

new text begin (3) "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that
include any member of the class of fluorinated organic chemicals containing at least one
fully fluorinated carbon atom;
new text end

new text begin (4) "upholstered furniture" means an article of furniture that is designed to be used for
sitting, resting, or reclining and that is wholly or partly stuffed or filled with any filling
material;
new text end

new text begin (5) "textile" means an item made in whole or part from a natural or synthetic fiber, yarn,
or fabric. Textile includes but is not limited to leather, cotton, silk, jute, hemp, wool, nylon,
and polyester; and
new text end

new text begin (6) "textile furnishings" means textile goods of a type customarily used in households
and businesses, including but not limited to draperies, floor coverings, furnishings, beddings,
towels, and tablecloths.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) A person must not manufacture, sell, offer to sell, or distribute
for sale in the state any of the following that contains perfluoroalkyl and polyfluoroalkyl
substances:
new text end

new text begin (1) a carpet or rug;
new text end

new text begin (2) a fabric treatment;
new text end

new text begin (3) upholstered furniture; or
new text end

new text begin (4) textile furnishings.
new text end

new text begin (b) This subdivision does not apply to sale or resale of used products.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin (a) The commissioner of the Pollution Control Agency may
enforce this section under sections 115.071 and 116.072. The commissioner may coordinate
with the commissioners of commerce and health in enforcing this section.
new text end

new text begin (b) When requested by the commissioner of the Pollution Control Agency, a person
must furnish to the commissioner any information that the person may have or may
reasonably obtain that is relevant to show compliance with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 2.

new text begin [116.944] PFAS IN COOKWARE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (1) "cookware" means durable houseware items that are used in homes and restaurants
to prepare, dispense, or store food, foodstuffs, or beverages. Cookware includes pots, pans,
skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils; and
new text end

new text begin (2) "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that
include any member of the class of fluorinated organic chemicals containing at least one
fully fluorinated carbon atom.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) A person must not manufacture, distribute, sell, or offer for
sale in the state any cookware that contains perfluoroalkyl and polyfluoroalkyl substances.
new text end

new text begin (b) This subdivision does not apply to the sale or resale of used products.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin (a) The commissioner of the Pollution Control Agency may
enforce this section under sections 115.071 and 116.072. The commissioner may coordinate
with the commissioners of commerce and health in enforcing this section.
new text end

new text begin (b) When requested by the commissioner of the Pollution Control Agency, a person
must furnish to the commissioner any information that the person may have or may
reasonably obtain that is relevant to show compliance with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 3.

new text begin [116.945] PFAS IN COSMETICS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (1) "cosmetic product" means an article intended to be applied to the human body for
cleansing, beautifying, promoting attractiveness, or altering appearance. Cosmetic product
does not include a product for which a prescription is required for distribution or dispensing;
and
new text end

new text begin (2) "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that
include any member of the class of fluorinated organic chemicals containing at least one
fully fluorinated carbon atom.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin A person must not manufacture, distribute, sell, or offer for sale
in the state any cosmetic product that contains perfluoroalkyl and polyfluoroalkyl substances.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin (a) The commissioner of the Pollution Control Agency may
enforce this section under sections 115.071 and 116.072. The commissioner may coordinate
with the commissioners of commerce and health in enforcing this section.
new text end

new text begin (b) When requested by the commissioner of the Pollution Control Agency, a person
must furnish to the commissioner any information that the person may have or may
reasonably obtain that is relevant to show compliance with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 4.

new text begin [116.946] PFAS IN JUVENILE PRODUCTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (1) "adult mattress" means a mattress other than a crib mattress or toddler mattress;
new text end

new text begin (2) "juvenile product" means a product designed or marketed for use by infants and
children under 12 years of age:
new text end

new text begin (i) including but not limited to a baby or toddler foam pillow; bassinet; bedside sleeper;
booster seat; changing pad; child restraint system for use in motor vehicles and aircraft;
co-sleeper; crib mattress; highchair; highchair pad; infant bouncer; infant carrier; infant
seat; infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot; nursing
pad; nursing pillow; play mat; playpen; play yard; polyurethane foam mat, pad, or pillow;
portable foam nap mat; portable infant sleeper; portable hook-on chair; soft-sided portable
crib; stroller; and toddler mattress; and
new text end

new text begin (ii) not including a children's electronic product such as a personal computer, audio and
video equipment, calculator, wireless phone, game console, handheld device incorporating
a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit,
or power cord; a medical device; or an adult mattress;
new text end

new text begin (3) "medical device" has the meaning given "device" under United States Code, title 21,
section 321, subsection (h); and
new text end

new text begin (4) "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that
include any member of the class of fluorinated organic chemicals containing at least one
fully fluorinated carbon atom.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) A person must not manufacture, sell, offer for sale, or distribute
in commerce in the state any new juvenile product that contains perfluoroalkyl and
polyfluoroalkyl substances.
new text end

new text begin (b) This subdivision does not apply to sale or resale of used juvenile products.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin (a) The commissioner of the Pollution Control Agency may
enforce this section under sections 115.071 and 116.072. The commissioner may coordinate
with the commissioners of commerce and health in enforcing this section.
new text end

new text begin (b) When requested by the commissioner of the Pollution Control Agency, a person
must furnish to the commissioner any information that the person may have or may
reasonably obtain that is relevant to show compliance with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 5.

new text begin [116.947] PFAS IN SKI WAX.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (1) "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that
include any member of the class of fluorinated organic chemicals containing at least one
fully fluorinated carbon atom; and
new text end

new text begin (2) "ski wax" means a lubricant applied to the bottom of snow runners, including skis
and snowboards, to improve their grip and glide properties.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) A person must not manufacture, distribute, sell, or offer for
sale in the state ski wax or a related tuning product that contains perfluoroalkyl and
polyfluoroalkyl substances.
new text end

new text begin (b) This subdivision does not apply to the sale or resale of used products.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin (a) The commissioner of the Pollution Control Agency may
enforce this section under sections 115.071 and 116.072. The commissioner may coordinate
with the commissioners of commerce and health in enforcing this section.
new text end

new text begin (b) When requested by the commissioner of the Pollution Control Agency, a person
must furnish to the commissioner any information that the person may have or may
reasonably obtain that is relevant to show compliance with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 6.

new text begin [116.948] DISCLOSURE OF PFAS IN PRODUCTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (1) "commissioner" means the commissioner of the Pollution Control Agency;
new text end

new text begin (2) "intentionally added PFAS" means PFAS that a manufacturer intentionally adds to
a product and that have a functional or technical effect in the product, including the PFAS
components of intentionally added chemicals and PFAS that are intentional breakdown
products of an added chemical that also have a functional or technical effect in the product;
new text end

new text begin (3) "manufacturer" means the person that manufactures a product or whose brand name
is affixed to the product. In the case of a product imported into the United States,
manufacturer includes the importer or first domestic distributor of the product if the person
that manufactured or assembled the product or whose brand name is affixed to the product
does not have a presence in the United States;
new text end

new text begin (4) "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that
include any member of the class of fluorinated organic chemicals containing at least one
fully fluorinated carbon atom;
new text end

new text begin (5) "product" means an item manufactured, assembled, packaged, or otherwise prepared
for sale to consumers, including the product components, sold or distributed for personal,
residential, commercial, or industrial use, including for use in making other products. Product
does not mean used products offered for sale or resale; and
new text end

new text begin (6) "product component" means an identifiable component of a product, regardless of
whether the manufacturer of the product is the manufacturer of the component.
new text end

new text begin Subd. 2. new text end

new text begin Notice required. new text end

new text begin (a) Except as provided under subdivision 3 and rules adopted
under subdivision 4, a manufacturer of a product for sale in the state that contains
intentionally added PFAS must submit to the commissioner a written notice that includes:
new text end

new text begin (1) a brief description of the product;
new text end

new text begin (2) the function served by PFAS in the product, including in any product components;
new text end

new text begin (3) the amount of each of the PFAS, identified by its Chemical Abstracts Service Registry
number, in the product, reported as an exact quantity determined using commercially
available analytical methods or as falling within a range approved for reporting purposes
by the commissioner;
new text end

new text begin (4) the name and address of the manufacturer and the name, address, and telephone
number of a contact person for the manufacturer; and
new text end

new text begin (5) any other information, as required by rule adopted by the commissioner, necessary
to implement this section.
new text end

new text begin (b) This subdivision does not apply to the sale or resale of used products.
new text end

new text begin (c) For products containing intentionally added PFAS that are sold, offered for sale, or
distributed in the state as of the effective date of this subdivision, a manufacturer must
submit the notice required under paragraph (a) to the commissioner before April 1, 2025.
For products containing intentionally added PFAS that are first sold, offered for sale, or
distributed in the state after the effective date of this subdivision, a manufacturer must
submit the notice required under paragraph (a) to the commissioner no later than 30 days
before the initial sale, offer for sale, or distribution of the products in the state.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner's authority. new text end

new text begin (a) The commissioner may waive all or part of the
notice requirement under subdivision 2 if the commissioner determines that substantially
equivalent information is already publicly available.
new text end

new text begin (b) The commissioner may enter into an agreement with one or more other states or
political subdivisions of a state to collect notices and may accept notices to a shared system
as meeting the notice requirement under subdivision 2.
new text end

new text begin (c) The commissioner may extend the deadline for a manufacturer to submit the notice
under subdivision 2 if the commissioner determines that more time is needed by the
manufacturer to comply.
new text end

new text begin Subd. 4. new text end

new text begin Rulemaking. new text end

new text begin The commissioner must adopt rules to implement this section.
The rules:
new text end

new text begin (1) may prioritize products subject to subdivision 2 based on the products that, in the
commissioner's judgment, are most likely to cause contamination of the state's land or water
resources;
new text end

new text begin (2) may allow a manufacturer to supply the notice under subdivision 2 for a category or
type of product rather than for each individual product;
new text end

new text begin (3) must require a manufacturer to update and revise the information required in the
notice under subdivision 2 when there is a substantive change in the information; and
new text end

new text begin (4) notwithstanding section 16A.1283, may establish a fee to be paid by a manufacturer
upon submitting the notice under subdivision 2 to cover the commissioner's reasonable costs
in developing rules to implement this section. The fees may be based on the volume of
PFAS, volume of sales, or type of PFAS.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1, 3, and 4 are effective the day following final
enactment. Subdivision 2 is effective January 1, 2025.
new text end

Sec. 7.

Minnesota Statutes 2020, section 325E.046, is amended to read:

325E.046 STANDARDS FOR LABELING deleted text begin PLASTIC deleted text end BAGS new text begin , FOOD OR
BEVERAGE PRODUCTS, AND PACKAGING new text end .

Subdivision 1.

deleted text begin " deleted text end Biodegradable deleted text begin " deleted text end label.

A manufacturer, distributor, or wholesaler new text begin may
not sell or offer for sale and any other person new text end may not new text begin knowingly sell or new text end offer for sale in
this state a deleted text begin plastic bag deleted text end new text begin covered product new text end labeled "biodegradable," "degradable,"
new text begin "decomposable," new text end or any form of those terms, or in any way imply that the deleted text begin bag deleted text end new text begin covered
product new text end will deleted text begin chemically decompose into innocuous elements in a reasonably short period
of time in a landfill, composting, or other terrestrial environment unless a scientifically
based standard for biodegradability is developed and the bags are certified as meeting the
standard. deleted text end new text begin break down, fragment, degrade, biodegrade, or decompose in a landfill or other
environment, unless an ASTM standard specification is adopted for the term claimed and
the specification is approved by the legislature.
new text end

Subd. 2.

deleted text begin " deleted text end Compostable deleted text begin " deleted text end label.

new text begin (a) new text end A manufacturer, distributor, or wholesaler new text begin may not
sell or offer for sale and any other person new text end may not new text begin knowingly sell or new text end offer for sale in this
state a deleted text begin plastic bag deleted text end new text begin covered product new text end labeled "compostable" unless, at the time of sale new text begin or offer
for sale new text end , the deleted text begin bag deleted text end new text begin covered product:
new text end

new text begin (1) new text end meets the ASTM Standard Specification for deleted text begin Compostable deleted text end new text begin Labeling of new text end Plastics
new text begin Designed to be Aerobically Composted in Municipal or Industrial Facilities new text end (D6400) deleted text begin . Each
bag must be labeled to reflect that it meets the standard. For purposes of this subdivision,
"ASTM" has the meaning given in section 296A.01, subdivision 6. deleted text end new text begin , or its successor, or the
ASTM 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, and
the covered product is labeled to reflect that it meets the specification;
new text end

new text begin (2) is comprised of only wood without any coatings or additives; or
new text end

new text begin (3) is comprised of only paper without any coatings or additives.
new text end

new text begin (b) A covered product labeled "compostable" and meeting the criteria under paragraph
(a) must be clearly and prominently labeled on the product, or on the product's smallest unit
of sale, to reflect that it is intended for an industrial or commercial compost facility. The
label required under this paragraph must be in a legible text size and font.
new text end

new text begin Subd. 2a. new text end

new text begin Certification of compostable products. new text end

new text begin Beginning January 1, 2024, a
manufacturer, distributor, or wholesaler may not sell or offer for sale and any other person
may not knowingly sell or offer for sale in this state a covered product labeled as
"compostable" unless the covered product is certified as meeting the requirements of
subdivision 2 by an entity that:
new text end

new text begin (1) is a nonprofit corporation;
new text end

new text begin (2) as its primary focus of operation, promotes the production, use, and appropriate end
of life for materials and products that are designed to fully biodegrade in specific biologically
active environments such as industrial composting; and
new text end

new text begin (3) is technically capable of and willing to perform analysis necessary to determine a
product's compliance with subdivision 2.
new text end

Subd. 3.

Enforcement; civil penalty; injunctive relief.

(a) A deleted text begin manufacturer, distributor,
or wholesaler deleted text end new text begin person new text end who violates deleted text begin subdivision 1 or 2 deleted text end new text begin this section new text end is subject to a civil new text begin or
administrative new text end penalty of $100 for each prepackaged saleable unit new text begin sold or new text end offered for sale
up to a maximum of $5,000 and may be enjoined from those violations.

(b) The attorney general may bring an action in the name of the state in a court of
competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in
this subdivision. The attorney general may accept an assurance of discontinuance of acts
in violation of deleted text begin subdivision 1 or 2 deleted text end new text begin this section new text end in the manner provided in section 8.31,
subdivision 2b.

new text begin (c) The commissioner of the Pollution Control Agency may enforce this section under
sections 115.071 and 116.072.
new text end

new text begin (d) When requested by the attorney general or the commissioner of the Pollution Control
Agency, a person selling or offering for sale a covered product labeled as "compostable"
must furnish to the attorney general or the commissioner any information that the person
may have or may reasonably obtain that is relevant to show compliance with this section.
new text end

new text begin Subd. 4. new text end

new text begin Definitions. new text end

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

new text begin (1) "ASTM" has the meaning given in section 296A.01, subdivision 6;
new text end

new text begin (2) "covered product" means a bag, food or beverage product, or packaging;
new text end

new text begin (3) "food or beverage product" means a product that is used to wrap, package, contain,
serve, store, prepare, or consume a food or beverage, such as plates, bowls, cups, lids, trays,
straws, utensils, and hinged or lidded containers; and
new text end

new text begin (4) "packaging" has the meaning given in section 115A.03, subdivision 22b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 8.

Minnesota Statutes 2020, section 325F.072, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

(b) "Class B firefighting foam" means foam designed deleted text begin for flammable liquid fires deleted text end new text begin to
prevent or extinguish a fire in flammable liquids, combustible liquids, petroleum greases,
tars, oils, oil-based paints, solvents, lacquers, alcohols, and flammable gases new text end .

(c) "PFAS chemicals" or "perfluoroalkyl and polyfluoroalkyl substances" means deleted text begin , for
the purposes of firefighting agents, deleted text end a class of fluorinated organic chemicals containing at
least one fully fluorinated carbon atom deleted text begin and designed to be fully functional in class B
firefighting foam formulations deleted text end .

(d) "Political subdivision" means a county, city, town, or a metropolitan airports
commission organized and existing under sections 473.601 to 473.679.

(e) "State agency" means an agency as defined in section 16B.01, subdivision 2.

(f) "Testing" means calibration testing, conformance testing, and fixed system testing.

Sec. 9.

Minnesota Statutes 2020, section 325F.072, subdivision 3, is amended to read:

Subd. 3.

Prohibition deleted text begin of testing and training deleted text end .

(a) deleted text begin Beginning July 1, 2020, deleted text end No person,
political subdivision, or state agency shall deleted text begin discharge class B firefighting foam that contains
intentionally added deleted text end new text begin manufacture or knowingly sell, offer for sale, distribute for sale, or
distribute for use in this state, and no person shall use in this state, class B firefighting foam
containing new text end PFAS chemicals deleted text begin : deleted text end new text begin .
new text end

deleted text begin (1) for testing purposes, unless the testing facility has implemented appropriate
containment, treatment, and disposal measures to prevent releases of foam to the environment;
or
deleted text end

deleted text begin (2) for training purposes, unless otherwise required by law, and with the condition that
the training event has implemented appropriate containment, treatment, and disposal measures
to prevent releases of foam to the environment. For training purposes, class B foam that
contains intentionally added PFAS chemicals shall not be used.
deleted text end

deleted text begin (b) This section does not restrict:
deleted text end

deleted text begin (1) the manufacture, sale, or distribution of class B firefighting foam that contains
intentionally added PFAS chemicals; or
deleted text end

deleted text begin (2) the discharge or other use of class B firefighting foams that contain intentionally
added PFAS chemicals in emergency firefighting or fire prevention operations.
deleted text end

new text begin (b) This subdivision does not apply to the manufacture, sale, distribution, or use of class
B firefighting foam for which the inclusion of PFAS chemicals is required by federal law,
including but not limited to Code of Federal Regulations, title 14, section 139.317. If a
federal requirement to include PFAS chemicals in class B firefighting foam is revoked after
January 1, 2023, class B firefighting foam subject to the revoked requirements is no longer
exempt under this paragraph effective one year following the day of revocation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 10. new text begin PFAS WATER QUALITY STANDARDS.
new text end

new text begin The commissioner of the Pollution Control Agency must adopt rules establishing water
quality standards for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid
(PFOS). The commissioner must adopt the rules establishing the PFOA and PFOS water
quality standards by July 1, 2025, and Minnesota Statutes, section 14.125, does not apply.
new text end

Sec. 11. new text begin HEALTH RISK LIMIT; PERFLUOROOCTANE SULFONATE.
new text end

new text begin By July 1, 2024, the commissioner of health must amend the health risk limit for
perfluorooctane sulfonate (PFOS) in Minnesota Rules, part 4717.7860, subpart 15, so that
the health risk limit does not exceed 0.015 parts per billion. In amending the health risk
limit for PFOS, the commissioner must comply with Minnesota Statutes, section 144.0751,
requiring a reasonable margin of safety to adequately protect the health of infants, children,
and adults.
new text end

ARTICLE 5

STATE LANDS

Section 1.

Minnesota Statutes 2021 Supplement, section 84.63, is amended to read:

84.63 CONVEYING INTERESTS IN LANDS TO STATE, FEDERAL, AND
TRIBAL GOVERNMENTS.

(a) Notwithstanding any existing law to the contrary, the commissioner of natural
resources is hereby authorized on behalf of the state to convey to the United States, to a
federally recognized Indian Tribe, or to the state of Minnesota or any of its subdivisions,
upon state-owned lands under the administration of the commissioner of natural resources,
permanent or temporary easements for specified periods or otherwise for trails, highways,
roads including limitation of right of access from the lands to adjacent highways and roads,
flowage for development of fish and game resources, stream protection, flood control, and
necessary appurtenances thereto, such conveyances to be made upon such terms and
conditions including provision for reversion in the event of non-user as the commissioner
of natural resources may determine.

(b) In addition to the fee for the market value of the easement, the commissioner of
natural resources shall assess the applicant the following fees:

(1) an application fee of $2,000 to cover reasonable costs for reviewing the application
and preparing the easement; and

(2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the improvement for which the easement was conveyed and preparing special
terms and conditions for the easement. The commissioner must give the applicant an estimate
of the monitoring fee before the applicant submits the fee.

(c) The applicant shall pay these fees to the commissioner of natural resources. The
commissioner shall not issue the easement until the applicant has paid in full the application
fee, the monitoring fee, and the market value payment for the easement.

(d) Upon completion of construction of the improvement for which the easement was
conveyed, the commissioner shall refund the unobligated balance from the monitoring fee
revenue. The commissioner shall not return the application fee, even if the application is
withdrawn or denied.

(e) Money received under paragraph (b) must be deposited in the land management
account in the natural resources fund and is appropriated to the commissioner of natural
resources to cover the reasonable costs incurred for issuing and monitoring easements.

(f) A county or joint county regional railroad authority is exempt from all fees specified
under this section for trail easements on state-owned land.

(g) In addition to fees specified in this section, the applicant must reimburse the state
for costs incurred for cultural resources review, monitoring, or other services provided by
the Minnesota Historical Society under contract with the commissioner of natural resources
or the State Historic Preservation Office of the Department of Administration in connection
with the easement application, preparing the easement terms, or constructing the trail,
highway, road, or other improvements.

new text begin (h) Notwithstanding paragraphs (a) to (g), the commissioner of natural resources may
elect to assume the application fee under paragraph (b), clause (1), and waive or assume
some or all of the remaining fees and costs imposed under this section if the commissioner
determines that issuing the easement will benefit the state's land management interests.
new text end

Sec. 2.

Minnesota Statutes 2021 Supplement, section 84.631, is amended to read:

84.631 ROAD EASEMENTS ACROSS STATE LANDS.

(a) Except as provided in section 85.015, subdivision 1b, the commissioner of natural
resources, on behalf of the state, may convey a road easement across state land under the
commissioner's jurisdiction to a private person requesting an easement for access to property
owned by the person only if the following requirements are met: (1) there are no reasonable
alternatives to obtain access to the property; and (2) the exercise of the easement will not
cause significant adverse environmental or natural resource management impacts.

(b) The commissioner shall:

(1) require the applicant to pay the market value of the easement;

(2) limit the easement term to 50 years if the road easement is across school trust land;

(3) provide that the easement reverts to the state in the event of nonuse; and

(4) impose other terms and conditions of use as necessary and appropriate under the
circumstances.

(c) An applicant shall submit an application fee of $2,000 with each application for a
road easement across state land. The application fee is nonrefundable, even if the application
is withdrawn or denied.

(d) In addition to the payment for the market value of the easement and the application
fee, the commissioner of natural resources shall assess the applicant a monitoring fee to
cover the projected reasonable costs for monitoring the construction of the road and preparing
special terms and conditions for the easement. The commissioner must give the applicant
an estimate of the monitoring fee before the applicant submits the fee. The applicant shall
pay the application and monitoring fees to the commissioner of natural resources. The
commissioner shall not issue the easement until the applicant has paid in full the application
fee, the monitoring fee, and the market value payment for the easement.

(e) Upon completion of construction of the road, the commissioner shall refund the
unobligated balance from the monitoring fee revenue.

(f) Fees collected under paragraphs (c) and (d) must be credited to the land management
account in the natural resources fund and are appropriated to the commissioner of natural
resources to cover the reasonable costs incurred under this section.

(g) In addition to fees specified in this section, the applicant must reimburse the state
for costs incurred for cultural resources review, monitoring, or other services provided by
the Minnesota Historical Society under contract with the commissioner of natural resources
or the State Historic Preservation Office of the Department of Administration in connection
with the easement application, preparing the easement terms, or constructing the road.

new text begin (h) Notwithstanding paragraphs (a) to (g), the commissioner of natural resources may
elect to assume the application fee under paragraph (c) and waive or assume some or all of
the remaining fees and costs imposed under this section if the commissioner determines
that issuing the easement will benefit the state's land management interests.
new text end

Sec. 3.

Minnesota Statutes 2020, section 84.632, is amended to read:

84.632 CONVEYANCE OF UNNEEDED STATE EASEMENTS.

(a) Notwithstanding section 92.45, the commissioner of natural resources may, in the
name of the state, release all or part of an easement acquired by the state upon application
of a landowner whose property is burdened with the easement if the easement is not needed
for state purposes.

(b) All or part of an easement may be released by payment of the market value of the
easement. The release must be in a form approved by the attorney general.

(c) Money received under paragraph (b) must be credited to the account from which
money was expended for purchase of the easement. If there is no specific account, the money
must be credited to the land acquisition account established in section 94.165.

(d) In addition to payment under paragraph (b), the commissioner of natural resources
shall assess a landowner who applies for a release under this section an application fee of
$2,000 for reviewing the application and preparing the release of easement. The applicant
shall pay the application fee to the commissioner of natural resources. The commissioner
shall not issue the release of easement until the applicant has paid the application fee in full.
The commissioner shall not return the application fee, even if the application is withdrawn
or denied.

(e) Money received under paragraph (d) must be credited to the land management account
in the natural resources fund and is appropriated to the commissioner of natural resources
to cover the reasonable costs incurred under this section.

new text begin (f) Notwithstanding paragraphs (a) to (e), the commissioner of natural resources may
elect to assume the application fee under paragraph (d) and waive or assume some or all of
the remaining fees and costs imposed under this section if the commissioner determines
that issuing the easement release will benefit the state's land management interests.
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Sec. 4.

Minnesota Statutes 2021 Supplement, section 92.502, is amended to read:

92.502 LEASING TAX-FORFEITED AND STATE LANDS.

(a) Notwithstanding section 282.04 or other law to the contrary, St. Louis County may
enter a 30-year lease of tax-forfeited land for a wind energy project.

(b) The commissioner of natural resources may enter a 30-year lease of land administered
by the commissioner for a wind energy project.

(c) The commissioner of natural resources may enter a 30-year lease of land administered
by the commissioner for recreational trails deleted text begin and deleted text end new text begin or new text end facilities. The commissioner may assess
the lease applicant a monitoring fee to cover the projected reasonable costs of monitoring
construction of the recreational trail or facility and preparing special terms and conditions
of the license to ensure proper construction. The commissioner must give the applicant an
estimate of the monitoring fee before the applicant is required to submit the fee. Upon
completion of construction of the trail or facility, the commissioner must refund the
unobligated balance from the monitoring fee revenue.

(d) Notwithstanding section 282.04 or other law to the contrary, Lake and St. Louis
Counties may enter into 30-year leases of tax-forfeited land for recreational trails and
facilities.

Sec. 5.

Minnesota Statutes 2020, section 282.04, subdivision 1, is amended to read:

Subdivision 1.

Timber sales; land leases and uses.

(a) The county auditor, with terms
and conditions set by the county board, may sell timber upon any tract that may be approved
by the natural resources commissioner. The sale of timber shall be made for cash at not less
than the appraised value determined by the county board to the highest bidder after not less
than one week's published notice in an official paper within the county. Any timber offered
at the public sale and not sold may thereafter be sold at private sale by the county auditor
at not less than the appraised value thereof, until the time as the county board may withdraw
the timber from sale. The appraised value of the timber and the forestry practices to be
followed in the cutting of said timber shall be approved by the commissioner of natural
resources.

(b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be made
in cash at the time of the timber sale, except in the case of oral or sealed bid auction sales,
the down payment shall be no less than 15 percent of the appraised value, and the balance
shall be paid prior to entry. In the case of auction sales that are partitioned and sold as a
single sale with predetermined cutting blocks, the down payment shall be no less than 15
percent of the appraised price of the entire timber sale which may be held until the satisfactory
completion of the sale or applied in whole or in part to the final cutting block. The value of
each separate block must be paid in full before any cutting may begin in that block. With
the permission of the county contract administrator the purchaser may enter unpaid blocks
and cut necessary timber incidental to developing logging roads as may be needed to log
other blocks provided that no timber may be removed from an unpaid block until separately
scaled and paid for. If payment is provided as specified in this paragraph as security under
paragraph (a) and no cutting has taken place on the contract, the county auditor may credit
the security provided, less any down payment required for an auction sale under this
paragraph, to any other contract issued to the contract holder by the county under this chapter
to which the contract holder requests in writing that it be credited, provided the request and
transfer is made within the same calendar year as the security was received.

(c) The county board may sell any timber, including biomass, as appraised or scaled.
Any parcels of land from which timber is to be sold by scale of cut products shall be so
designated in the published notice of sale under paragraph (a), in which case the notice shall
contain a description of the parcels, a statement of the estimated quantity of each species
of timber, and the appraised price of each species of timber for 1,000 feet, per cord or per
piece, as the case may be. In those cases any bids offered over and above the appraised
prices shall be by percentage, the percent bid to be added to the appraised price of each of
the different species of timber advertised on the land. The purchaser of timber from the
parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown in the
notice of sale as estimated to be standing on the land, and in addition shall pay at the same
rate for any additional amounts which the final scale shows to have been cut or was available
for cutting on the land at the time of sale under the terms of the sale. Where the final scale
of cut products shows that less timber was cut or was available for cutting under terms of
the sale than was originally paid for, the excess payment shall be refunded from the forfeited
tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board
as in case of other claims against the county. No timber, except hardwood pulpwood, may
be removed from the parcels of land or other designated landings until scaled by a person
or persons designated by the county board and approved by the commissioner of natural
resources. Landings other than the parcel of land from which timber is cut may be designated
for scaling by the county board by written agreement with the purchaser of the timber. The
county board may, by written agreement with the purchaser and with a consumer designated
by the purchaser when the timber is sold by the county auditor, and with the approval of
the commissioner of natural resources, accept the consumer's scale of cut products delivered
at the consumer's landing. No timber shall be removed until fully paid for in cash. Small
amounts of timber not exceeding 500 cords in appraised volume may be sold for not less
than the full appraised value at private sale to individual persons without first publishing
notice of sale or calling for bids, provided that in case of a sale involving a total appraised
value of more than $200 the sale shall be made subject to final settlement on the basis of a
scale of cut products in the manner above provided and not more than two of the sales,
directly or indirectly to any individual shall be in effect at one time.

(d) As directed by the county board, the county auditor may lease tax-forfeited land to
individuals, corporations or organized subdivisions of the state at public or private sale, and
at the prices and under the terms as the county board may prescribe, for use as cottage and
camp sites and for agricultural purposes and for the purpose of taking and removing of hay,
stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden sites
and other temporary uses provided that no leases shall be for a period to exceed ten years;
provided, further that any leases involving a consideration of more than $12,000 per year,
except to an organized subdivision of the state shall first be offered at public sale in the
manner provided herein for sale of timber. Upon the sale of any leased land, it shall remain
subject to the lease for not to exceed one year from the beginning of the term of the lease.
Any rent paid by the lessee for the portion of the term cut off by the cancellation shall be
refunded from the forfeited tax sale fund upon the claim of the lessee, to be audited and
allowed by the county board as in case of other claims against the county.

(e) As directed by the county board, the county auditor may lease tax-forfeited land to
individuals, corporations, or organized subdivisions of the state at public or private sale, at
the prices and under the terms as the county board may prescribe, for the purpose of taking
and removing for use for road construction and other purposes tax-forfeited stockpiled
iron-bearing material. The county auditor must determine that the material is needed and
suitable for use in the construction or maintenance of a road, tailings basin, settling basin,
dike, dam, bank fill, or other works on public or private property, and that the use would
be in the best interests of the public. No lease shall exceed ten years. The use of a stockpile
for these purposes must first be approved by the commissioner of natural resources. The
request shall be deemed approved unless the requesting county is notified to the contrary
by the commissioner of natural resources within six months after receipt of a request for
approval for use of a stockpile. Once use of a stockpile has been approved, the county may
continue to lease it for these purposes until approval is withdrawn by the commissioner of
natural resources.

(f) The county auditor, with the approval of the county board is authorized to grant
permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores,
tailings, or waste products from mines or ore milling plants, or to use for facilities needed
to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed
for a mining operation, upon the conditions and for the consideration and for the period of
time, not exceeding 25 years, as the county board may determine. The permits, licenses, or
leases are subject to approval by the commissioner of natural resources.

(g) Any person who removes any timber from tax-forfeited land before said timber has
been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor.

(h) The county auditor may, with the approval of the county board, and without first
offering at public sale, grant leases, for a term not exceeding 25 years, for the removal of
peat and for the production or removal of farm-grown closed-loop biomass as defined in
section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited lands
upon the terms and conditions as the county board may prescribe. Any lease for the removal
of peat, farm-grown closed-loop biomass, or short-rotation woody crops from tax-forfeited
lands must first be reviewed and approved by the commissioner of natural resources if the
lease covers 320 or more acres. No lease for the removal of peat, farm-grown closed-loop
biomass, or short-rotation woody crops shall be made by the county auditor pursuant to this
section without first holding a public hearing on the auditor's intention to lease. One printed
notice in a legal newspaper in the county at least ten days before the hearing, and posted
notice in the courthouse at least 20 days before the hearing shall be given of the hearing.

(i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis County
auditor may, at the discretion of the county board, sell timber to the party who bids the
highest price for all the several kinds of timber, as provided for sales by the commissioner
of natural resources under section 90.14. Bids offered over and above the appraised price
need not be applied proportionately to the appraised price of each of the different species
of timber.

(j) In lieu of any payment or deposit required in paragraph (b), as directed by the county
board and under terms set by the county board, the county auditor may accept an irrevocable
bank letter of credit in the amount equal to the amount otherwise determined in paragraph
(b). If an irrevocable bank letter of credit is provided under this paragraph, at the written
request of the purchaser, the county may periodically allow the bank letter of credit to be
reduced by an amount proportionate to the value of timber that has been harvested and for
which the county has received payment. The remaining amount of the bank letter of credit
after a reduction under this paragraph must not be less than 20 percent of the value of the
timber purchased. If an irrevocable bank letter of credit or cash deposit is provided for the
down payment required in paragraph (b), and no cutting of timber has taken place on the
contract for which a letter of credit has been provided, the county may allow the transfer
of the letter of credit to any other contract issued to the contract holder by the county under
this chapter to which the contract holder requests in writing that it be credited.

new text begin (k) As directed by the county board, the cou