Minnesota Legislature
HF 888
Conference Committee Report - 90th Legislature (2017 - 2018) Posted on 05/08/2017 10:14pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 888
1.3relating to state government; appropriating money for environment, natural
1.4resources, and tourism purposes; modifying fees; creating accounts; providing for
1.5disposition of certain receipts; modifying grant, contract, and lease provisions;
1.6modifying water safety provisions; modifying provisions to take, possess, and
1.7transport wildlife; modifying duties and authority; providing for no net gain of
1.8state lands; modifying buffer requirements; modifying wetland provisions;
1.9modifying invasive species provisions; modifying off-highway vehicle provisions;
1.10modifying permit and license requirements; modifying Petroleum Tank Release
1.11Cleanup Act; extending ban on open air swine basins; modifying environmental
1.12review; modifying Environmental Quality Board; requiring reports; requiring
1.13rulemaking;amending Minnesota Statutes 2016, sections 84.01, by adding a
1.14subdivision; 84.027, subdivisions 14a, 14b, by adding subdivisions; 84.788,
1.15subdivision 2; 84.793, subdivision 1; 84.82, subdivision 2; 84.925, subdivision 1;
1.1684.9256, subdivisions 1, 2; 84.946, subdivision 2, by adding a subdivision; 84.992,
1.17subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 84D.04, subdivision 1; 84D.05,
1.18subdivision 1; 84D.108, subdivision 2a, by adding a subdivision; 84D.11, by adding
1.19a subdivision; 85.052, subdivision 1; 85.054, by adding a subdivision; 85.055,
1.20subdivision 1; 85.22, subdivision 2a; 85.32, subdivision 1; 86B.313, subdivision
1.211; 86B.511; 86B.701, subdivision 3; 88.01, subdivision 28; 88.523; 89.39; 90.01,
1.22subdivisions 8, 12, by adding a subdivision; 90.041, subdivision 2; 90.051; 90.101,
1.23subdivision 2; 90.14; 90.145, subdivision 2; 90.151, subdivision 1; 90.162; 90.252;
1.2493.47, subdivision 4; 93.481, subdivision 2; 93.50; 94.343, subdivision 9; 94.344,
1.25subdivision 9; 97A.015, subdivisions 39, 43, 45, 52, 53; 97A.045, subdivision 10;
1.2697A.075, subdivision 1; 97A.137, subdivision 5; 97A.201, subdivision 2, by adding
1.27a subdivision; 97A.301, subdivision 1; 97A.338; 97A.420, subdivision 1; 97A.421,
1.28subdivision 2a; 97B.031, subdivision 6; 97B.516; 97B.655, subdivision 1; 97C.401,
1.29subdivision 2; 97C.501, subdivision 1; 97C.701, by adding a subdivision; 103B.101,
1.30subdivision 12a; 103F.411, subdivision 1; 103F.48, subdivisions 1, 3, 7; 103G.005,
1.31subdivisions 10b, 10h, by adding a subdivision; 103G.222, subdivisions 1, 3;
1.32103G.2242, subdivision 2; 103G.2372, subdivision 1; 103G.271, subdivisions 1,
1.336, 6a, 7, by adding a subdivision; 103G.287, subdivisions 1, 4; 103G.411; 114D.25,
1.34by adding a subdivision; 115B.41, subdivision 1; 115B.421; 115C.021, subdivision
1.351, by adding a subdivision; 116.03, subdivision 2b, by adding subdivisions; 116.07,
1.36subdivision 4d, by adding subdivisions; 116.0714; 116C.03, subdivision 2; 116C.04,
1.37subdivision 2; 116D.04, subdivisions 2a, 10; 116D.045, subdivision 1; 160.06;
1.38168.1295, subdivision 1; 296A.18, subdivision 6a; Laws 2013, chapter 114, article
1.394, section 105; Laws 2015, First Special Session chapter 4, article 4, section 136;
1.40Laws 2016, chapter 189, article 3, sections 6; 26; 46; proposing coding for new
1.41law in Minnesota Statutes, chapters 15; 85; 93; 97B; 115; 115B; repealing
1.42Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5;
2.197C.701, subdivisions 1a, 6; 97C.705; 97C.711; 116C.04, subdivisions 3, 4;
2.2Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500;
2.36258.0600; 6258.0700, subparts 1, 4, 5; 6258.0800; 6258.0900.
2.4May 8, 2017
2.5The Honorable Kurt L. Daudt
2.6Speaker of the House of Representatives
2.7The Honorable Michelle L. Fischbach
2.8President of the Senate
2.9We, the undersigned conferees for H. F. No. 888 report that we have agreed upon the
2.10items in dispute and recommend as follows:
2.11That the Senate recede from its amendment and that H. F. No. 888 be further amended
2.12as follows:
2.13Delete everything after the enacting clause and insert:
2.17 The sums shown in the columns marked "Appropriations" are appropriated to the agencies
2.18and for the purposes specified in this article. The appropriations are from the general fund,
2.19or another named fund, and are available for the fiscal years indicated for each purpose.
2.20The figures "2018" and "2019" used in this article mean that the appropriations listed under
2.21them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
2.22"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
2.23is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are
2.24effective the day following final enactment.
3.4The amounts that may be spent for each
3.5purpose are specified in the following
3.6subdivisions.
3.7The commissioner must present the agency's
3.8biennial budget for fiscal years 2020 and 2021
3.9to the legislature in a transparent way by
3.10agency division, including the proposed
3.11budget bill and presentations of the budget to
3.12committees and divisions with jurisdiction
3.13over the agency's budget.
3.19(a) $88,000 the first year and $88,000 the
3.20second year are from the environmental fund
3.21for:
3.22(1) a municipal liaison to assist municipalities
3.23in implementing and participating in the
3.24water-quality standards rulemaking process
3.25and navigating the NPDES/SDS permitting
3.26process;
3.27(2) enhanced economic analysis in the
3.28water-quality standards rulemaking process,
3.29including more-specific analysis and
3.30identification of cost-effective permitting;
3.31(3) developing statewide economic analyses
3.32and templates to reduce the amount of
3.33information and time required for
4.1municipalities to apply for variances from
4.2water-quality standards; and
4.3(4) coordinating with the Public Facilities
4.4Authority to identify and advocate for the
4.5resources needed for municipalities to achieve
4.6permit requirements.
4.7(b) $204,000 the first year and $204,000 the
4.8second year are from the environmental fund
4.9for a monitoring program under Minnesota
4.10Statutes, section 116.454.
4.11(c) $346,000 the first year and $346,000 the
4.12second year are from the environmental fund
4.13for monitoring ambient air for hazardous
4.14pollutants.
4.15(d) $90,000 the first year and $90,000 the
4.16second year are from the environmental fund
4.17for duties related to harmful chemicals in
4.18children's products under Minnesota Statutes,
4.19sections 116.9401 to 116.9407. Of this
4.20amount, $57,000 each year is transferred to
4.21the commissioner of health.
4.22(e) $109,000 the first year and $109,000 the
4.23second year are from the environmental fund
4.24for registration of wastewater laboratories.
4.25(f) $913,000 the first year and $913,000 the
4.26second year are from the environmental fund
4.27to continue perfluorochemical biomonitoring
4.28in eastern-metropolitan communities, as
4.29recommended by the Environmental Health
4.30Tracking and Biomonitoring Advisory Panel,
4.31and address other environmental health risks,
4.32including air quality. The communities must
4.33include Hmong and other immigrant farming
4.34communities. Of this amount, up to $677,000
5.1the first year and $677,000 the second year
5.2are for transfer to the Department of Health.
5.3(g) $100,000 the first year and $50,000 the
5.4second year are from the environmental fund
5.5for impaired waters listing procedures required
5.6under this act.
5.12$530,000 the first year and $530,000 the
5.13second year are from the remediation fund for
5.14the leaking underground storage tank program
5.15to investigate, clean up, and prevent future
5.16releases from underground petroleum storage
5.17tanks and to the petroleum remediation
5.18program for vapor assessment and
5.19remediation. These same annual amounts are
5.20transferred from the petroleum tank fund to
5.21the remediation fund.
5.23(a) $162,000 the first year and $162,000 the
5.24second year are from the environmental fund
5.25for:
5.26(1) a municipal liaison to assist municipalities
5.27in implementing and participating in the
5.28water-quality standards rulemaking process
5.29and navigating the NPDES/SDS permitting
5.30process;
5.31(2) enhanced economic analysis in the
5.32water-quality standards rulemaking process,
5.33including more specific analysis and
5.34identification of cost-effective permitting;
6.1(3) development of statewide economic
6.2analyses and templates to reduce the amount
6.3of information and time required for
6.4municipalities to apply for variances from
6.5water quality standards; and
6.6(4) coordinating with the Public Facilities
6.7Authority to identify and advocate for the
6.8resources needed for municipalities to achieve
6.9permit requirements.
6.10(b) $50,000 the first year and $50,000 the
6.11second year are from the environmental fund
6.12for transfer to the Office of Administrative
6.13Hearings to establish sanitary districts.
6.14(c) $615,000 the first year and $614,000 the
6.15second year are from the environmental fund
6.16for subsurface sewage treatment system
6.17(SSTS) program administration and
6.18community technical assistance and education,
6.19including grants and technical assistance to
6.20communities for water-quality protection. Of
6.21this amount, $129,000 each year is for
6.22assistance to counties through grants for SSTS
6.23program administration. A county receiving
6.24a grant from this appropriation must submit
6.25the results achieved with the grant to the
6.26commissioner as part of its annual SSTS
6.27report. Any unexpended balance in the first
6.28year does not cancel but is available in the
6.29second year.
6.30(d) $639,000 the first year and $640,000 the
6.31second year are from the environmental fund
6.32to address the need for continued increased
6.33activity in the areas of new technology review,
6.34technical assistance for local governments,
6.35and enforcement under Minnesota Statutes,
7.1sections 115.55 to 115.58, and to complete the
7.2requirements of Laws 2003, chapter 128,
7.3article 1, section 165.
7.4(e) Notwithstanding Minnesota Statutes,
7.5section 16A.28, the appropriations
7.6encumbered on or before June 30, 2019, as
7.7grants or contracts for subsurface sewage
7.8treatment systems, surface water and
7.9groundwater assessments, storm water, and
7.10water-quality protection in this subdivision
7.11are available until June 30, 2022.
7.17(a) $174,000 the first year and $174,000 the
7.18second year are from the remediation fund for
7.19purposes of the leaking underground storage
7.20tank program to investigate, clean up, and
7.21prevent future releases from underground
7.22petroleum storage tanks, and to the petroleum
7.23remediation program for vapor assessment
7.24and remediation. These same annual amounts
7.25are transferred from the petroleum tank fund
7.26to the remediation fund.
7.27(b) $400,000 the first year and $400,000 the
7.28second year are from the environmental fund
7.29to develop and maintain systems to support
7.30permitting and regulatory business processes
7.31and agency data.
7.32(c) $300,000 the first year is from the
7.33environmental fund for a grant to the
7.34Metropolitan Council under Minnesota
7.35Statutes, section 116.195, for wastewater
8.1infrastructure to support waste to biofuel
8.2development. This is a onetime appropriation
8.3and is available until June 30, 2019.
8.11(a) All money for environmental response,
8.12compensation, and compliance in the
8.13remediation fund not otherwise appropriated
8.14is appropriated to the commissioners of the
8.15Pollution Control Agency and agriculture for
8.16purposes of Minnesota Statutes, section
8.17115B.20, subdivision 2, clauses (1), (2), (3),
8.18(6), and (7). At the beginning of each fiscal
8.19year, the two commissioners shall jointly
8.20submit an annual spending plan to the
8.21commissioner of management and budget that
8.22maximizes the use of resources and
8.23appropriately allocates the money between the
8.24two departments. This appropriation is
8.25available until June 30, 2019.
8.26(b) $432,000 the first year and $432,000 the
8.27second year are from the environmental fund
8.28to manage contaminated sediment projects at
8.29multiple sites identified in the St. Louis River
8.30remedial action plan to restore water quality
8.31in the St. Louis River area of concern. The
8.32base budget for fiscal year 2020 is $432,000
8.33and for fiscal year 2021 is $0.
8.34(c) $3,521,000 the first year and $3,520,000
8.35the second year are from the remediation fund
9.1for purposes of the leaking underground
9.2storage tank program to investigate, clean up,
9.3and prevent future releases from underground
9.4petroleum storage tanks, and to the petroleum
9.5remediation program for purposes of vapor
9.6assessment and remediation. These same
9.7annual amounts are transferred from the
9.8petroleum tank fund to the remediation fund.
9.9(d) $252,000 the first year and $252,000 the
9.10second year are from the remediation fund for
9.11transfer to the commissioner of health for
9.12private water-supply monitoring and health
9.13assessment costs in areas contaminated by
9.14unpermitted mixed municipal solid waste
9.15disposal facilities and drinking water
9.16advisories and public information activities
9.17for areas contaminated by hazardous releases.
9.18(e) Notwithstanding Minnesota Statutes,
9.19section 115B.421, $4,000,000 the first year is
9.20from the closed landfill investment fund for
9.21remedial investigations, feasibility studies,
9.22engineering, and cleanup-related activities for
9.23purposes of environmental response actions
9.24at a priority qualified facility under Minnesota
9.25Statutes, section 115B.406. By January 15,
9.262018, the commissioner must submit a status
9.27report to the chairs and ranking minority
9.28members of the house of representatives and
9.29senate committees and divisions with
9.30jurisdiction over the environment and natural
9.31resources. This is a onetime appropriation and
9.32is available until June 30, 2019.
10.4(a) Up to $150,000 the first year and $150,000
10.5the second year may be transferred from the
10.6environmental fund to the small business
10.7environmental improvement loan account
10.8established in Minnesota Statutes, section
10.9116.993.
10.10(b) $500,000 the first year and $500,000 the
10.11second year are from the environmental fund
10.12for competitive recycling grants under
10.13Minnesota Statutes, section 115A.565. This
10.14appropriation is available until June 30, 2021.
10.15Any unencumbered grant and loan balances
10.16in the first year do not cancel but are available
10.17for grants and loans in the second year.
10.18(c) $693,000 the first year and $693,000 the
10.19second year are from the environmental fund
10.20for emission reduction activities and grants to
10.21small businesses and other nonpoint emission
10.22reduction efforts. Any unencumbered grant
10.23and loan balances in the first year do not
10.24cancel but are available for grants and loans
10.25in the second year.
10.26(d) $19,750,000 the first year and $19,750,000
10.27the second year are from the environmental
10.28fund for SCORE block grants to counties.
10.29(e) $119,000 the first year and $119,000 the
10.30second year are from the environmental fund
10.31for environmental assistance grants or loans
10.32under Minnesota Statutes, section 115A.0716.
10.33Any unencumbered grant and loan balances
10.34in the first year do not cancel but are available
10.35for grants and loans in the second year.
11.1(f) $68,000 the first year and $69,000 the
11.2second year are from the environmental fund
11.3for subsurface sewage treatment system
11.4(SSTS) program administration and
11.5community technical assistance and education,
11.6including grants and technical assistance to
11.7communities for water-quality protection.
11.8(g) $125,000 the first year and $126,000 the
11.9second year are from the environmental fund
11.10to address the need for continued increased
11.11activity in the areas of new technology review,
11.12technical assistance for local governments,
11.13and enforcement under Minnesota Statutes,
11.14sections 115.55 to 115.58, and to complete the
11.15requirements of Laws 2003, chapter 128,
11.16article 1, section 165.
11.17(h) All money deposited in the environmental
11.18fund for the metropolitan solid waste landfill
11.19fee in accordance with Minnesota Statutes,
11.20section 473.843, and not otherwise
11.21appropriated, is appropriated for the purposes
11.22of Minnesota Statutes, section 473.844.
11.23(i) Notwithstanding Minnesota Statutes,
11.24section 16A.28, the appropriations
11.25encumbered on or before June 30, 2019, as
11.26contracts or grants for environmental
11.27assistance awarded under Minnesota Statutes,
11.28section 115A.0716; technical and research
11.29assistance under Minnesota Statutes, section
11.30115A.152; technical assistance under
11.31Minnesota Statutes, section 115A.52; and
11.32pollution prevention assistance under
11.33Minnesota Statutes, section 115D.04, are
11.34available until June 30, 2021.
12.1(j) $20,000 the first year is from the
12.2environmental fund for four grants to local
12.3units of government to assist with plastic bag
12.4recycling efforts. Two of the grants must be
12.5for local units of government in urban areas
12.6and two of the grants to local units of
12.7government in rural areas of the state. By
12.8January 15, 2018, grantees shall report to the
12.9commissioner on the activities and results of
12.10their efforts to increase plastic bag recycling.
12.11This is a onetime appropriation.
12.17(a) $1,959,000 the first year and $1,959,000
12.18the second year are from the environmental
12.19fund for grants to delegated counties to
12.20administer the county feedlot program under
12.21Minnesota Statutes, section 116.0711,
12.22subdivisions 2 and 3. Money remaining after
12.23the first year is available for the second year.
12.24(b) $207,000 the first year and $207,000 the
12.25second year are from the environmental fund
12.26for the costs of implementing general
12.27operating permits for feedlots over 1,000
12.28animal units.
12.29(c) $118,000 the first year and $118,000 the
12.30second year are from the remediation fund for
12.31purposes of the leaking underground storage
12.32tank program to investigate, clean up, and
12.33prevent future releases from underground
12.34petroleum storage tanks, and to the petroleum
12.35remediation program for vapor assessment
13.1and remediation. These same annual amounts
13.2are transferred from the petroleum tank fund
13.3to the remediation fund.
13.5(a) $511,000 the first year and $511,000 the
13.6second year are from the environmental fund
13.7for Environmental Quality Board operations
13.8and support.
13.9(b) $503,000 the first year and $503,000 the
13.10second year are from the environmental fund
13.11for the Environmental Quality Board to lead
13.12an interagency team to provide technical
13.13assistance regarding the mining, processing,
13.14and transporting of silica sand. Of this amount,
13.15up to $75,000 each year may be transferred to
13.16the commissioner of natural resources to
13.17review the implementation of the rules adopted
13.18by the commissioner pursuant to Laws 2013,
13.19chapter 114, article 4, section 105, paragraph
13.20(b), pertaining to the reclamation of silica sand
13.21mines, to ensure that local government
13.22reclamation programs are implemented in a
13.23manner consistent with the rules.
13.25(a) The commissioner shall transfer up to
13.26$34,000,000 from the environmental fund to
13.27the remediation fund for the purposes of the
13.28remediation fund under Minnesota Statutes,
13.29section 116.155, subdivision 2.
13.30(b) The commissioner shall transfer
13.31$2,800,000 in fiscal year 2018 and $2,500,000
13.32in fiscal year 2019 and each year thereafter
13.33from the environmental fund in Minnesota
13.34Statutes, section 16A.531, to the commissioner
14.1of management and budget for deposit in the
14.2general fund.
14.12The amounts that may be spent for each
14.13purpose are specified in the following
14.14subdivisions.
14.23(a) $319,000 the first year and $319,000 the
14.24second year are for environmental research
14.25relating to mine permitting, of which $200,000
14.26each year is from the minerals management
14.27account and $119,000 each year is from the
14.28general fund.
14.29(b) $2,815,000 the first year and $2,815,000
14.30the second year are from the minerals
14.31management account in the natural resources
14.32fund for use as provided in Minnesota Statutes,
14.33section 93.2236, paragraph (c), for mineral
14.34resource management, projects to enhance
15.1future mineral income, and projects to promote
15.2new mineral resource opportunities.
15.3(c) $200,000 the first year and $200,000 the
15.4second year are from the state forest suspense
15.5account in the permanent school fund to secure
15.6maximum long-term economic return from
15.7the school trust lands consistent with fiduciary
15.8responsibilities and sound natural resources
15.9conservation and management principles.
15.10(d) $125,000 the first year and $125,000 the
15.11second year are for conservation easement
15.12stewardship.
15.19(a) $3,242,000 the first year and $3,242,000
15.20the second year are from the invasive species
15.21account in the natural resources fund and
15.22$3,206,000 the first year and $3,206,000 the
15.23second year are from the general fund for
15.24management, public awareness, assessment
15.25and monitoring research, and water access
15.26inspection to prevent the spread of invasive
15.27species; management of invasive plants in
15.28public waters; and management of terrestrial
15.29invasive species on state-administered lands.
15.30(b) $5,000,000 the first year and $5,000,000
15.31the second year are from the water
15.32management account in the natural resources
15.33fund for only the purposes specified in
15.34Minnesota Statutes, section 103G.27,
15.35subdivision 2.
16.1(c) $124,000 the first year and $124,000 the
16.2second year are for a grant to the Mississippi
16.3Headwaters Board for up to 50 percent of the
16.4cost of implementing the comprehensive plan
16.5for the upper Mississippi within areas under
16.6the board's jurisdiction.
16.7(d) $10,000 the first year and $10,000 the
16.8second year are for payment to the Leech Lake
16.9Band of Chippewa Indians to implement the
16.10band's portion of the comprehensive plan for
16.11the upper Mississippi.
16.12(e) $264,000 the first year and $264,000 the
16.13second year are for grants for up to 50 percent
16.14of the cost of implementation of the Red River
16.15mediation agreement.
16.16(f) $2,018,000 the first year and $2,018,000
16.17the second year are from the heritage
16.18enhancement account in the game and fish
16.19fund for only the purposes specified in
16.20Minnesota Statutes, section 297A.94,
16.21paragraph (e), clause (1).
16.22(g) $950,000 the first year and $950,000 the
16.23second year are from the nongame wildlife
16.24management account in the natural resources
16.25fund for the purpose of nongame wildlife
16.26management. Notwithstanding Minnesota
16.27Statutes, section 290.431, $100,000 the first
16.28year and $100,000 the second year may be
16.29used for nongame wildlife information,
16.30education, and promotion.
16.31(h) Notwithstanding Minnesota Statutes,
16.32section 84.943, $13,000 the first year and
16.33$13,000 the second year from the critical
16.34habitat private sector matching account may
17.1be used to publicize the critical habitat license
17.2plate match program.
17.3(i) $6,000,000 the first year and $6,000,000
17.4the second year are from the general fund for
17.5the following activities:
17.6(1) financial reimbursement and technical
17.7support to soil and water conservation districts
17.8or other local units of government for
17.9groundwater level monitoring;
17.10(2) surface water monitoring and analysis,
17.11including installation of monitoring gauges;
17.12(3) groundwater analysis to assist with water
17.13appropriation permitting decisions;
17.14(4) permit application review incorporating
17.15surface water and groundwater technical
17.16analysis;
17.17(5) precipitation data and analysis to improve
17.18the use of irrigation;
17.19(6) information technology, including
17.20electronic permitting and integrated data
17.21systems; and
17.22(7) compliance and monitoring.
17.23(j) $167,000 the first year is for a grant to the
17.24Koronis Lake Association for purposes of
17.25removing and preventing aquatic invasive
17.26species. This is a onetime appropriation and
17.27is available until June 30, 2022.
17.28(k) $250,000 the first year and $250,000 the
17.29second year are from the water management
17.30account in the natural resources fund for
17.31economic impact analysis of groundwater
17.32management area and water appropriation
17.33permit plans required under Minnesota
18.1Statutes, sections 103G.271, subdivision 8,
18.2and 103G.287, subdivision 4.
18.3(l) $410,000 the first year and $410,000 the
18.4second year are from the heritage enhancement
18.5account in the game and fish fund for grants
18.6to the Minnesota Aquatic Invasive Species
18.7Research Center at the University of
18.8Minnesota to prioritize, support, and develop
18.9research-based solutions that can reduce the
18.10effects of aquatic invasive species in
18.11Minnesota by preventing spread, controlling
18.12populations, and managing ecosystems and to
18.13advance knowledge to inspire action by others.
18.20(a) $7,145,000 the first year and $7,145,000
18.21the second year are for prevention,
18.22presuppression, and suppression costs of
18.23emergency firefighting and other costs
18.24incurred under Minnesota Statutes, section
18.2588.12. The amount necessary to pay for
18.26presuppression and suppression costs during
18.27the biennium is appropriated from the general
18.28fund. By January 15 of each year, the
18.29commissioner of natural resources shall submit
18.30a report to the chairs and ranking minority
18.31members of the house and senate committees
18.32and divisions having jurisdiction over
18.33environment and natural resources finance,
18.34identifying all firefighting costs incurred and
18.35reimbursements received in the prior fiscal
19.1year. These appropriations may not be
19.2transferred. Any reimbursement of firefighting
19.3expenditures made to the commissioner from
19.4any source other than federal mobilizations
19.5must be deposited into the general fund.
19.6(b) $11,644,000 the first year and $11,644,000
19.7the second year are from the forest
19.8management investment account in the natural
19.9resources fund for only the purposes specified
19.10in Minnesota Statutes, section 89.039,
19.11subdivision 2.
19.12(c) $1,287,000 the first year and $1,287,000
19.13the second year are from the heritage
19.14enhancement account in the game and fish
19.15fund to advance ecological classification
19.16systems (ECS) scientific management tools
19.17for forest and invasive species management.
19.18(d) $780,000 the first year and $780,000 the
19.19second year are for the Forest Resources
19.20Council to implement the Sustainable Forest
19.21Resources Act.
19.22(e) $500,000 the first year is from the forest
19.23management investment account in the natural
19.24resources fund for a study of the ability to
19.25sustainably harvest at least 1,000,000 cords
19.26of wood annually on state-administered forest
19.27lands. No later than January 2, 2018, the
19.28commissioner must report the study's findings
19.29to the legislative committees with jurisdiction
19.30over environment and natural resources policy
19.31and finance. This is a onetime appropriation.
19.32(f) $2,000,000 the first year and $2,000,000
19.33the second year are from the forest
19.34management investment account in the natural
20.1resources fund for state forest reforestation.
20.2The base from the forest management
20.3investment account in the natural resources
20.4fund for fiscal year 2020 and later is
20.5$1,250,000.
20.6(g) $2,000,000 the first year and $2,000,000
20.7the second year are from the forest
20.8management investment account in the natural
20.9resources fund for the Next Generation Core
20.10Forestry data system. The appropriation is
20.11available until June 30, 2021. The base from
20.12the forest management investment account in
20.13the natural resources fund for fiscal year 2020
20.14and later is $500,000.
20.15(h) The base for the natural resources fund in
20.16fiscal year 2020 and later is $13,394,000.
20.23(a) $1,075,000 the first year and $1,075,000
20.24the second year are from the water recreation
20.25account in the natural resources fund for
20.26enhancing public water-access facilities.
20.27(b) $5,740,000 the first year and $5,740,000
20.28the second year are from the natural resources
20.29fund for state trail, park, and recreation area
20.30operations. This appropriation is from the
20.31revenue deposited in the natural resources fund
20.32under Minnesota Statutes, section 297A.94,
20.33paragraph (e), clause (2).
21.1(c) $17,350,000 the first year and $17,750,000
21.2the second year are from the state parks
21.3account in the natural resources fund for state
21.4park and state recreation area operation and
21.5maintenance.
21.6(d) $1,005,000 the first year and $1,005,000
21.7the second year are from the natural resources
21.8fund for park and trail grants to local units of
21.9government on land to be maintained for at
21.10least 20 years for the purposes of the grants.
21.11This appropriation is from the revenue
21.12deposited in the natural resources fund under
21.13Minnesota Statutes, section 297A.94,
21.14paragraph (e), clause (4). Any unencumbered
21.15balance does not cancel at the end of the first
21.16year and is available for the second year.
21.17(e) $130,000 the first year is from the general
21.18fund, and $8,424,000 the first year and
21.19$8,424,000 the second year are from the
21.20snowmobile trails and enforcement account
21.21in the natural resources fund for the
21.22snowmobile grants-in-aid program. Any
21.23unencumbered balance does not cancel at the
21.24end of the first year and is available for the
21.25second year.
21.26(f) $1,685,000 the first year and $1,685,000
21.27the second year are from the natural resources
21.28fund for the off-highway vehicle grants-in-aid
21.29program. Of this amount, $1,210,000 the first
21.30year and $1,210,000 the second year are from
21.31the all-terrain vehicle account; $150,000 each
21.32year is from the off-highway motorcycle
21.33account; and $325,000 each year is from the
21.34off-road vehicle account. Any unencumbered
22.1balance does not cancel at the end of the first
22.2year and is available for the second year.
22.3(g) $75,000 the first year and $75,000 the
22.4second year are from the cross-country ski
22.5account in the natural resources fund for
22.6grooming and maintaining cross-country ski
22.7trails in state parks, trails, and recreation areas.
22.8(h) $250,000 the first year and $250,000 the
22.9second year are from the state land and water
22.10conservation account in the natural resources
22.11fund for priorities established by the
22.12commissioner for eligible state projects and
22.13administrative and planning activities
22.14consistent with Minnesota Statutes, section
22.1584.0264, and the federal Land and Water
22.16Conservation Fund Act. Any unencumbered
22.17balance does not cancel at the end of the first
22.18year and is available for the second year.
22.19(i) $150,000 the first year is from the
22.20all-terrain vehicle account in the natural
22.21resources fund for a grant to the city of Orr to
22.22predesign, design, and construct the Voyageur
22.23all-terrain vehicle trail system, including:
22.24(1) design of the alignment for phase I of the
22.25Voyageur all-terrain vehicle trail system and
22.26development of a preliminary phase II
22.27alignment;
22.28(2) completion of wetland delineation and
22.29wetland permitting;
22.30(3) completion of the engineering design and
22.31cost estimates for a snowmobile and
22.32off-highway vehicle bridge over the Vermilion
22.33River to establish a trail connection; and
23.1(4) completion of the master plan for the
23.2Voyageur all-terrain vehicle trail system.
23.3This is a onetime appropriation and is
23.4available until June 30, 2020.
23.5(j) $125,000 the first year is from the general
23.6fund for all terrain vehicle grants-in-aid
23.7program. This is a onetime appropriation.
23.8(k) $250,000 the first year and $250,000 the
23.9second year are from the general fund for
23.10matching grants for local parks and outdoor
23.11recreation areas under Minnesota Statutes,
23.12section 85.019, subdivision 2.
23.13(l) $250,000 the first year and $250,000 the
23.14second year are from the general fund for
23.15matching grants for local trail connections
23.16under Minnesota Statutes, section 85.019,
23.17subdivision 4c.
23.18(m) $50,000 the first year is from the
23.19all-terrain vehicle account in the natural
23.20resources fund for a grant to the city of
23.21Virginia to assist the Virginia Area All-Terrain
23.22Vehicle Club to plan, design, engineer, and
23.23permit a comprehensive all-terrain vehicle
23.24system in the Virginia area and to connect with
23.25the Iron Range Off-Highway Vehicle
23.26Recreation Area. This is a onetime
23.27appropriation and is available until June 30,
23.282020.
24.1(a) $8,167,000 the first year and $8,167,000
24.2the second year are from the heritage
24.3enhancement account in the game and fish
24.4fund only for activities specified in Minnesota
24.5Statutes, section 297A.94, paragraph (e),
24.6clause (1). Notwithstanding Minnesota
24.7Statutes, section 297A.94, five percent of this
24.8appropriation may be used for expanding
24.9hunter and angler recruitment and retention.
24.10(b) $30,000 the first year is from the heritage
24.11enhancement account in the game and fish
24.12fund for the commissioner of natural resources
24.13to contract with a private entity to search for
24.14a site to construct a world-class shooting range
24.15and club house for use by the Minnesota State
24.16High School League and for other regional,
24.17statewide, national, and international shooting
24.18events. The commissioner must provide public
24.19notice of the search, including making the
24.20public aware of the process through the
24.21Department of Natural Resources' media
24.22outlets, and solicit input on the location and
24.23building options for the facility. The siting
24.24search process must include a public process
24.25to determine if any business or individual is
24.26interested in donating land for the facility,
24.27anticipated to be at least 500 acres. The site
24.28search team must meet with interested third
24.29parties affected by or interested in the facility.
24.30The commissioner must submit a report with
24.31the results of the site search to the chairs and
24.32ranking minority members of the legislative
24.33committees and divisions with jurisdiction
24.34over environment and natural resources by
24.35March 1, 2018. This is a onetime
24.36appropriation.
25.1(c) $20,000 the first year is from the heritage
25.2enhancement account in the game and fish
25.3fund for a study on the effects of lead shot on
25.4wildlife on state lands. By January 15, 2018,
25.5the commissioner shall provide a report of the
25.6study to the chairs and ranking minority
25.7members of the legislative committees with
25.8jurisdiction over natural resources policy and
25.9finance. This is a onetime appropriation.
25.17(a) $1,718,000 the first year and $1,718,000
25.18the second year are from the general fund for
25.19enforcement efforts to prevent the spread of
25.20aquatic invasive species.
25.21(b) $1,580,000 the first year and $1,580,000
25.22the second year are from the heritage
25.23enhancement account in the game and fish
25.24fund for only the purposes specified in
25.25Minnesota Statutes, section 297A.94,
25.26paragraph (e), clause (1).
25.27(c) $1,082,000 the first year and $1,082,000
25.28the second year are from the water recreation
25.29account in the natural resources fund for grants
25.30to counties for boat and water safety. Any
25.31unencumbered balance does not cancel at the
25.32end of the first year and is available for the
25.33second year.
25.34(d) $315,000 the first year and $315,000 the
25.35second year are from the snowmobile trails
26.1and enforcement account in the natural
26.2resources fund for grants to local law
26.3enforcement agencies for snowmobile
26.4enforcement activities. Any unencumbered
26.5balance does not cancel at the end of the first
26.6year and is available for the second year.
26.7(e) $250,000 the first year and $250,000 the
26.8second year are from the all-terrain vehicle
26.9account for grants to qualifying organizations
26.10to assist in safety and environmental education
26.11and monitoring trails on public lands under
26.12Minnesota Statutes, section 84.9011. Grants
26.13issued under this paragraph must be issued
26.14through a formal agreement with the
26.15organization. By December 15 each year, an
26.16organization receiving a grant under this
26.17paragraph shall report to the commissioner
26.18with details on expenditures and outcomes
26.19from the grant. Of this appropriation, $25,000
26.20each year is for administration of these grants.
26.21Any unencumbered balance does not cancel
26.22at the end of the first year and is available for
26.23the second year.
26.24(f) $510,000 the first year and $510,000 the
26.25second year are from the natural resources
26.26fund for grants to county law enforcement
26.27agencies for off-highway vehicle enforcement
26.28and public education activities based on
26.29off-highway vehicle use in the county. Of this
26.30amount, $498,000 each year is from the
26.31all-terrain vehicle account; $11,000 each year
26.32is from the off-highway motorcycle account;
26.33and $1,000 each year is from the off-road
26.34vehicle account. The county enforcement
26.35agencies may use money received under this
27.1appropriation to make grants to other local
27.2enforcement agencies within the county that
27.3have a high concentration of off-highway
27.4vehicle use. Of this appropriation, $25,000
27.5each year is for administration of these grants.
27.6Any unencumbered balance does not cancel
27.7at the end of the first year and is available for
27.8the second year.
27.9(g) $1,000,000 each year is for recruiting,
27.10training, and maintaining additional
27.11conservation officers.
27.12(h) The commissioner may hold a conservation
27.13officer academy if necessary.
27.15$1,920,000 the first year is available for legal
27.16costs. Of this amount, up to $500,000 may be
27.17transferred to the Minnesota Pollution Control
27.18Agency. This is a onetime appropriation and
27.19is available until June 30, 2021.
27.24$320,000 the first year and $320,000 the
27.25second year are from the natural resources
27.26fund for grants to be divided equally between
27.27the city of St. Paul for the Como Park Zoo and
27.28Conservatory and the city of Duluth for the
27.29Duluth Zoo. This appropriation is from the
27.30revenue deposited to the natural resources fund
27.31under Minnesota Statutes, section 297A.94,
27.32paragraph (e), clause (5).
28.1The remaining amount of the general fund
28.2appropriation in Laws 2016, chapter 189,
28.3article 3, section 3, subdivision 3, for a grant
28.4to the Koronis Lake Association, estimated to
28.5be $167,000, is canceled on June 30, 2017.
28.6This subdivision is effective the day following
28.7final enactment.
28.10(a) $3,423,000 the first year and $3,423,000
28.11the second year are for natural resources block
28.12grants to local governments. Grants must be
28.13matched with a combination of local cash or
28.14in-kind contributions. The base grant portion
28.15related to water planning must be matched by
28.16an amount as specified by Minnesota Statutes,
28.17section 103B.3369. The board may reduce the
28.18amount of the natural resources block grant
28.19to a county by an amount equal to any
28.20reduction in the county's general services
28.21allocation to a soil and water conservation
28.22district from the county's previous year
28.23allocation when the board determines that the
28.24reduction was disproportionate.
28.25(b) $3,116,000 the first year and $3,116,000
28.26the second year are for grants to soil and water
28.27conservation districts for the purposes of
28.28Minnesota Statutes, sections 103C.321 and
28.29103C.331, and for general purposes, nonpoint
28.30engineering, and implementation and
28.31stewardship of the reinvest in Minnesota
28.32reserve program. Expenditures may be made
28.33from these appropriations for supplies and
28.34services benefiting soil and water conservation
28.35districts. Any district receiving a payment
29.1under this paragraph shall maintain a Web
29.2page that publishes, at a minimum, its annual
29.3report, annual audit, annual budget, and
29.4meeting notices.
29.5(c) $260,000 the first year and $260,000 the
29.6second year are for feedlot water quality cost
29.7share grants for feedlots under 300 animal
29.8units and nutrient and manure management
29.9projects in watersheds where there are
29.10impaired waters.
29.11(d) $1,200,000 the first year and $1,200,000
29.12the second year are for soil and water
29.13conservation district cost-sharing contracts for
29.14perennially vegetated riparian buffers, erosion
29.15control, water retention and treatment, and
29.16other high-priority conservation practices.
29.17(e) $100,000 the first year and $100,000 the
29.18second year are for county cooperative weed
29.19management cost-share programs and to
29.20restore native plants in selected invasive
29.21species management sites.
29.22(f) $761,000 the first year and $761,000 the
29.23second year are for implementation,
29.24enforcement, and oversight of the Wetland
29.25Conservation Act, including administration of
29.26the wetland banking program and in-lieu fee
29.27mechanism.
29.28(g) $300,000 the first year is for improving
29.29the efficiency and effectiveness of Minnesota's
29.30wetland regulatory programs through
29.31continued examination of United States Clean
29.32Water Act section 404 assumption including
29.33negotiation of draft agreements with the
29.34United States Environmental Protection
30.1Agency and the United States Army Corps of
30.2Engineers, planning for an online permitting
30.3system, upgrading the existing wetland
30.4banking database, and developing an in-lieu
30.5fee wetland banking program as authorized
30.6by statute. This is a onetime appropriation.
30.7(h) $166,000 the first year and $166,000 the
30.8second year are to provide technical assistance
30.9to local drainage management officials and
30.10for the costs of the Drainage Work Group.
30.11(i) $100,000 the first year and $100,000 the
30.12second year are for a grant to the Red River
30.13Basin Commission for water quality and
30.14floodplain management, including
30.15administration of programs. This appropriation
30.16must be matched by nonstate funds. If the
30.17appropriation in either year is insufficient, the
30.18appropriation in the other year is available for
30.19it.
30.20(j) $140,000 the first year and $140,000 the
30.21second year are for grants to Area II
30.22Minnesota River Basin Projects for floodplain
30.23management.
30.24(k) $125,000 the first year and $125,000 the
30.25second year are for conservation easement
30.26stewardship.
30.27(l) $240,000 the first year and $240,000 the
30.28second year are for a grant to the Lower
30.29Minnesota River Watershed District to defray
30.30the annual cost of operating and maintaining
30.31sites for dredge spoil to sustain the state,
30.32national, and international commercial and
30.33recreational navigation on the lower Minnesota
30.34River.
31.1(m) $3,898,000 the first year and $3,898,000
31.2the second year are for Board of Water and
31.3Soil Resources agency administration and
31.4operations.
31.5(n) Notwithstanding Minnesota Statutes,
31.6section 103C.501, the board may shift
31.7cost-share funds in this section and may adjust
31.8the technical and administrative assistance
31.9portion of the grant funds to leverage federal
31.10or other nonstate funds or to address
31.11high-priority needs identified in local water
31.12management plans or comprehensive water
31.13management plans.
31.14(o) The appropriations for grants in this section
31.15are available until June 30, 2021. If an
31.16appropriation for grants in either year is
31.17insufficient, the appropriation in the other year
31.18is available for it.
31.19(p) Notwithstanding Minnesota Statutes,
31.20section 16B.97, the appropriations for grants
31.21in this section are exempt from Department
31.22of Administration, Office of Grants
31.23Management Policy 08-10 Grant Monitoring.
31.29(a) $2,540,000 the first year and $2,540,000
31.30the second year are for metropolitan area
31.31regional parks operation and maintenance
31.32according to Minnesota Statutes, section
31.33473.351.
32.1(b) $6,000,000 the first year and $6,000,000
32.2the second year are from the natural resources
32.3fund for metropolitan area regional parks and
32.4trails maintenance and operations. This
32.5appropriation is from the revenue deposited
32.6in the natural resources fund under Minnesota
32.7Statutes, section 297A.94, paragraph (e),
32.8clause (3).
32.15Conservation Corps Minnesota may receive
32.16money appropriated from the natural resources
32.17fund under this section only as provided in an
32.18agreement with the commissioner of natural
32.19resources.
32.25$160,000 the first year and $160,000 the
32.26second year are from the natural resources
32.27fund from the revenue deposited under
32.28Minnesota Statutes, section 297A.94,
32.29paragraph (e), clause (5).
33.1(a) $300,000 the first year and $300,000 the
33.2second year are from the state forest suspense
33.3account in the permanent school fund for the
33.4school trust lands director. This appropriation
33.5is to be used for securing long-term economic
33.6return from the school trust lands consistent
33.7with fiduciary responsibilities and sound
33.8natural resources conservation and
33.9management principles.
33.10(b) $500,000 the first year is from the state
33.11forest suspense account in the permanent
33.12school fund for the school trust lands director
33.13to initiate the private sale of surplus school
33.14trust lands identified according to Minnesota
33.15Statutes, section 92.82, paragraph (d),
33.16including but not limited to valuation
33.17expenses, legal fees, and transactional staff
33.18costs. This is a onetime appropriation and is
33.19available until June 30, 2019.
33.21(a) To develop maximum private sector
33.22involvement in tourism, $500,000 the first
33.23year and $500,000 the second year must be
33.24matched by Explore Minnesota Tourism from
33.25nonstate sources. Each $1 of state incentive
33.26must be matched with $6 of private sector
33.27funding. Cash match is defined as revenue to
33.28the state or documented cash expenditures
33.29directly expended to support Explore
33.30Minnesota Tourism programs. Up to one-half
33.31of the private sector contribution may be
33.32in-kind or soft match. The incentive in fiscal
33.33year 2018 shall be based on fiscal year 2017
33.34private sector contributions. The incentive in
33.35fiscal year 2019 shall be based on fiscal year
34.12018 private sector contributions. This
34.2incentive is ongoing.
34.3(b) Funding for the marketing grants is
34.4available either year of the biennium.
34.5Unexpended grant funds from the first year
34.6are available in the second year.
34.7(c) $100,000 each year is for a grant to the
34.8Northern Lights International Music Festival.
34.9(d) $900,000 the first year is for the major
34.10events grant program. This is a onetime
34.11appropriation and is available until June 30,
34.122021.
34.14$2,300,000 the second year is for riparian
34.15protection aid payments under Minnesota
34.16Statutes, section 477A.21.
34.17 Sec. 12. Laws 2016, chapter 189, article 3, section 6, is amended to read:
34.19$250,000 the first year is from the state forest
34.20suspense account in the permanent school fund
34.21for the school trust lands director to initiate
34.22real estate development projects on school
34.23trust lands as determined by the school trust
34.24lands director. This is a onetime appropriation
34.25and is available until June 30, 2019.
34.26EFFECTIVE DATE.This section is effective the day following final enactment.
34.29 Section 1. Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision
34.30to read:
35.1 Subd. 6. Legal counsel. The commissioner of natural resources may appoint attorneys
35.2or outside counsel to render title opinions, represent the department in severed mineral
35.3interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute
35.4to the contrary, represent the state in quiet title or title registration actions affecting land or
35.5interests in land administered by the commissioner.
35.6 Sec. 2. Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read:
35.7 Subd. 14a. Permitting efficiency; public notice. (a) It is the goal of the state that
35.8environmental and resource management permits be issued or denied within 90 days for
35.9Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application.
35.10The commissioner of natural resources shall establish management systems designed to
35.11achieve the goal.
35.12(b) The commissioner shall prepare an annual permitting efficiency report that includes
35.13statistics on meeting the goal in paragraph (a) and the criteria forTier 1 and Tier 2 by permit
35.14categories. The report is due August 1 each year. For permit applications that have not met
35.15the goal, the report must state the reasons for not meeting the goal. In stating the reasons
35.16for not meeting the goal, the commissioner shall separately identify delays caused by the
35.17responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the
35.18level of public engagement. The report must specify the number of days from initial
35.19submission of the application to the day of determination that the application is complete.
35.20The report must aggregate the data for the year and assess whether program or system
35.21changes are necessary to achieve the goal. The report must be posted on the department's
35.22Web site and submitted to the governor and the chairs and ranking minority members of
35.23the house of representatives and senate committees having jurisdiction over natural resources
35.24policy and finance.
35.25(c) The commissioner shall allow electronic submission of environmental review and
35.26permit documents to the department.
35.27(d)Beginning July 1, 2011, Within 30 business days of application for a permit subject
35.28to paragraph (a), the commissioner of natural resources shall notify theproject proposer
35.29permit applicant, in writing, whether the application is complete or incomplete. If the
35.30commissioner determines that an application is incomplete, the notice to the applicant must
35.31enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
35.32and advise the applicant on how the deficiencies can be remedied. If the commissioner
35.33determines that the application is complete, the notice must confirm the application's Tier
35.341 or Tier 2 permit status and, upon request of the permit applicant of an individual Tier 2
36.1permit, provide the permit applicant with a schedule for reviewing the permit application.
36.2This paragraph does not apply to an application for a permit that is subject to a grant or loan
36.3agreement under chapter 446A.
36.4(e) When public notice of a draft individual Tier 2 permit is required, the commissioner
36.5must issue the notice with the draft permit within 150 days of receiving a completed permit
36.6application unless the permit applicant and the commissioner mutually agree to a different
36.7date. Upon request of the permit applicant, the commissioner must provide a copy of the
36.8draft permit to the permit applicant and consider comments on the draft permit from the
36.9permit applicant before issuing the public notice.
36.10 Sec. 3. Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read:
36.11 Subd. 14b. Expediting costs; reimbursement. Permit applicantswho wish to construct,
36.12reconstruct, modify, or operate a facility needing any permit from the commissioner of
36.13natural resources to construct, reconstruct, or modify a project or to operate a facility may
36.14offer to reimburse the department for the reasonable costsof staff time or consultant services
36.15needed to expedite the preapplication process and permit development process through the
36.16final decision on the permit, including the analysis of environmental review documents.
36.17The reimbursement shall be in addition to permit application fees imposed by law. When
36.18the commissioner determines that additional resources are needed to develop the permit
36.19application in an expedited manner, and that expediting the development is consistent with
36.20permitting program priorities, the commissioner may accept the reimbursement. The
36.21commissioner must give the permit applicant an estimate of costs for the expedited service
36.22to be incurred by the commissioner. The estimate must include a brief description of the
36.23tasks to be performed, a schedule for completing the tasks, and the estimated cost for each
36.24task. The proposer and the commissioner shall enter into a written agreement detailing the
36.25estimated costs for the expedited service to be incurred by the department and any recourse
36.26available to the applicant if the department fails to comply with the schedule. The agreement
36.27must also identify staff anticipated to be assigned to the project and describe the
36.28commissioner's commitment to making assigned staff available for the project until the
36.29permit decision is made. The commissioner must not issue a permit until the applicant has
36.30paid all fees in full. The commissioner must refund any unobligated balance of fees paid.
36.31Reimbursements accepted by the commissioner are appropriated to the commissioner for
36.32the purpose of developing the permit or analyzing environmental review documents.
36.33Reimbursement by a permit applicant shall precede and not be contingent upon issuance of
36.34a permit; shall not affect the commissioner's decision on whether to issue or deny a permit,
36.35what conditions are included in a permit, or the application of state and federal statutes and
37.1rules governing permit determinations; and shall not affect final decisions regarding
37.2environmental review.
37.3 Sec. 4. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to
37.4read:
37.5 Subd. 14c. Irrevocability, suspensions, or expiration of permits; environmental
37.6review. (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to
37.7appropriate money to the commissioner of natural resources for environmental review and
37.8permitting activities of the Department of Natural Resources:
37.9(1) a permit granted by the commissioner may not be terminated or suspended for the
37.10term of the permit nor shall it expire without the consent of the permittee, except for breach
37.11or nonperformance of any condition of the permit by the permittee that is an imminent threat
37.12to impair or destroy the environment or injure the health, safety, or welfare of the citizens
37.13of the state; and
37.14(2) environmental review and permit application work on environmental review and
37.15permits filed before July 1 of that year must not be suspended or terminated.
37.16(b) Paragraph (a), clause (1), applies until legislation appropriating money to the
37.17commissioner for the environmental review and permitting activities is enacted.
37.18 Sec. 5. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to
37.19read:
37.20 Subd. 14d. Unadopted rules. (a) The commissioner of natural resources must not enforce
37.21or attempt to enforce an unadopted rule. For the purposes of this subdivision, "unadopted
37.22rule" means a guideline, bulletin, criterion, manual standard, interpretive statement, or
37.23similar pronouncement, if the guideline, bulletin, criterion, manual standard, interpretive
37.24statement, or similar pronouncement meets the definition of a rule as defined under section
37.2514.02, subdivision 4, but has not been adopted according to the rulemaking process provided
37.26under chapter 14. If an unadopted rule is challenged under section 14.381, the commissioner
37.27must overcome a presumption against the unadopted rule.
37.28(b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion,
37.29manual standard, interpretive statement, or similar pronouncement into a statute, rule, or
37.30standard, the commissioner must follow the rulemaking process provided under chapter 14
37.31to amend or revise any such guideline, bulletin, criterion, manual standard, interpretive
37.32statement, or similar pronouncement.
38.1 Sec. 6. Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read:
38.2 Subd. 2. Exemptions. Registration is not required for off-highway motorcycles:
38.3(1) owned and used by the United States, an Indian tribal government, the state, another
38.4state, or a political subdivision;
38.5(2) registered in another state or country that have not been within this state for more
38.6than 30 consecutive days;
38.7(3) registered under chapter 168, when operated on forest roads to gain access to a state
38.8forest campground;
38.9(4) used exclusively in organized track racing events;
38.10(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident
38.11off-highway motorcycle state trail pass;or
38.12(6) operated by a person participating in an event for which the commissioner has issued
38.13a special use permit.; or
38.14(7) operated on boundary trails and registered in another state or country providing equal
38.15reciprocal registration or licensing exemptions for registrants of this state.
38.16 Sec. 7. Minnesota Statutes 2016, section 84.793, subdivision 1, is amended to read:
38.17 Subdivision 1. Prohibitions on youthful operators. (a) A person six years or older but
38.18less than 16 years of age operating an off-highway motorcycle on public lands or waters
38.19must possess a valid off-highway motorcycle safety certificate issued by the commissioner.
38.20(b) Except for operation on public road rights-of-way that is permitted under section
38.2184.795
, subdivision 1, a driver's license issued by the state or another state is required
to
38.22operate an off-highway motorcycle along or on a public road right-of-way.
38.23(c) A person under 12 years of age may not:
38.24(1) make a direct crossing of a public road right-of-way;
38.25(2) operate an off-highway motorcycle on a public road right-of-way in the state; or
38.26(3) operate an off-highway motorcycle on public lands or waters unless accompanied
38.27by a person 18 years of age or older or participating in an event for which the commissioner
38.28has issued a special use permit.
38.29(d) Except for public road rights-of-way of interstate highways, a person less than 16
38.30years of age may make a direct crossing of a public road right-of-way of a trunk, county
39.1state-aid, or county highway only if that person is accompanied by a person 18 years of age
39.2or older who holds a valid driver's license.
39.3(e) A person less than 16 years of age may operate an off-highway motorcycle on public
39.4road rights-of-way in accordance with section84.795 , subdivision 1, paragraph (a), only if
39.5that person is accompanied by a person 18 years of age or older who holds a valid driver's
39.6license.
39.7(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may operate
39.8an off-highway motorcycle on public lands or waters if the nonresident youth has in
39.9possession evidence of completing an off-road safety course offered by the Motorcycle
39.10Safety Foundation or another state as provided in section84.791 , subdivision 4.
39.11 Sec. 8. Minnesota Statutes 2016, section 84.8031, is amended to read:
39.1284.8031 GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.
39.13The commissioner must review an off-road vehicle grant-in-aid application and, if
39.14approved,commence begin public review of the application within 60 days after the
39.15completed application has been locally approved and submitted to an area parks and trails
39.16office. If the commissioner fails to approve or deny the application within 60 days after
39.17submission, the application is deemed approved and the commissioner must provide for a
39.1830-day public review period. If the commissioner denies an application, the commissioner
39.19must provide the applicant with a written explanation for denying the application at the time
39.20the applicant is notified of the denial.
39.21 Sec. 9. Minnesota Statutes 2016, section 84.82, subdivision 2, is amended to read:
39.22 Subd. 2. Application, issuance, issuing fee. (a) Application for registration or
39.23reregistration shall be made to the commissioner or an authorized deputy registrar of motor
39.24vehicles in a format prescribed by the commissioner and shall state the legal name and
39.25address of every owner of the snowmobile.
39.26 (b) A person who purchases a snowmobile from a retail dealer shall make application
39.27for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
39.2821-day registration permit to each purchaser who applies to the dealer for registration. The
39.29temporary permit must contain the dealer's identification number and phone number. Each
39.30retail dealer shall submit completed registration and fees to the deputy registrar at least once
39.31a week. No fee may be charged by a dealer to a purchaser for providing the temporary
39.32permit.
40.1 (c) Upon receipt of the application and the appropriate fee, the commissioner or deputy
40.2registrar shall issue to the applicant, or provide to the dealer, an assigned registration number
40.3or a commissioner or deputy registrar temporary 21-day permit. Once issued, the registration
40.4number must be affixed to the snowmobile in a clearly visible and permanent manner for
40.5enforcement purposes as the commissioner of natural resources shall prescribe. A dealer
40.6subject to paragraph (b) shall provide the registration materials or temporary permit to the
40.7purchaser within the temporary 21-day permit period. The registration is not valid unless
40.8signed by at least one owner.
40.9 (d) Each deputy registrar of motor vehicles acting pursuant to section168.33 , shall also
40.10be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement
40.11with the commissioner of public safety may prescribe the accounting and procedural
40.12requirements necessary to assure efficient handling of registrations and registration fees.
40.13Deputy registrars shall strictly comply with these accounting and procedural requirements.
40.14 (e)A fee of $2 In addition to that otherwise other fees prescribed by law shall be charged
40.15for, an issuing fee of $4.50 is charged for each snowmobile registration renewal, duplicate
40.16or replacement registration card, and replacement decal and an issuing fee of $7 is charged
40.17for each snowmobile registration and registration transfer issued by:
40.18 (1)each snowmobile registered by the a registrar or a deputy registrar and the additional
40.19fee shall be disposed of must be deposited in the manner provided in section
168.33,
40.20subdivision 2 ; or
40.21 (2)each snowmobile registered by the commissioner and the additional fee shall must
40.22be deposited in the state treasury and credited to the snowmobile trails and enforcement
40.23account in the natural resources fund.
40.24 Sec. 10. Minnesota Statutes 2016, section 84.925, subdivision 1, is amended to read:
40.25 Subdivision 1. Program established. (a) The commissioner shall establish a
40.26comprehensive all-terrain vehicle environmental and safety education and training program,
40.27including the preparation and dissemination of vehicle information and safety advice to the
40.28public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle
40.29safety certificates to vehicle operators over the age of 12 years who successfully complete
40.30the all-terrain vehicle environmental and safety education and training course. A parent or
40.31guardian must be present at the hands-on training portion of the program for youth who are
40.32six through ten years of age.
41.1 (b) For the purpose of administering the program and to defray the expenses of training
41.2and certifying vehicle operators, the commissioner shall collect a fee from each person who
41.3receives the training. The commissioner shall collect a fee, to include a $1 issuing fee for
41.4licensing agents, for issuing a duplicate all-terrain vehicle safety certificate. The
41.5commissioner shall establish both fees in a manner that neither significantly overrecovers
41.6nor underrecovers costs, including overhead costs, involved in providing the services. The
41.7fees are not subject to the rulemaking provisions of chapter 14 and section14.386 does not
41.8apply. The fees may be established by the commissioner notwithstanding section16A.1283 .
41.9Fee proceeds, except for the issuing fee for licensing agents under this subdivision, shall
41.10be deposited in the all-terrain vehicle account in the natural resources fund and the amount
41.11thereof, except for the electronic licensing system commission established by the
41.12commissioner under section84.027, subdivision 15 , and issuing fees collected by the
41.13commissioner, is appropriated annually to the Enforcement Division of the Department of
41.14Natural Resources for the administration of the programs. In addition to the fee established
41.15by the commissioner, instructors may charge each person up to the established fee amount
41.16for class materials and expenses.
41.17 (c) The commissioner shall cooperate with private organizations and associations, private
41.18and public corporations, and local governmental units in furtherance of the program
41.19established under this section. School districts may cooperate with the commissioner and
41.20volunteer instructors to provide space for the classroom portion of the training. The
41.21commissioner shall consult with the commissioner of public safety in regard to training
41.22program subject matter and performance testing that leads to the certification of vehicle
41.23operators. The commissioner shall incorporate a riding component in the safety education
41.24and training program.
41.25 Sec. 11. Minnesota Statutes 2016, section 84.9256, subdivision 1, is amended to read:
41.26 Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on public
41.27road rights-of-way that is permitted under section84.928 and as provided under paragraph
41.28(j), a driver's license issued by the state or another state is required to operate an all-terrain
41.29vehicle along or on a public road right-of-way.
41.30 (b) A person under 12 years of age shall not:
41.31 (1) make a direct crossing of a public road right-of-way;
41.32 (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
42.1 (3) operate an all-terrain vehicle on public lands or waters, except as provided in
42.2paragraph (f).
42.3 (c) Except for public road rights-of-way of interstate highways, a person 12 years of age
42.4but less than 16 years may make a direct crossing of a public road right-of-way of a trunk,
42.5county state-aid, or county highway or operate on public lands and waters or state or
42.6grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate
42.7issued by the commissioner and is accompanied by a person 18 years of age or older who
42.8holds a valid driver's license.
42.9 (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old,
42.10but less than 16 years old, must:
42.11 (1) successfully complete the safety education and training program under section84.925 ,
42.12subdivision 1, including a riding component; and
42.13 (2) be able to properly reach and control the handle bars and reach the foot pegs while
42.14sitting upright on the seat of the all-terrain vehicle.
42.15 (e) A person at least11 six years of age may take the safety education and training
42.16program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
42.17the certificate is not valid until the person reaches age 12.
42.18 (f) A person at least ten years of age but under 12 years of age may operate an all-terrain
42.19vehicle with an engine capacity up to90cc 110cc if the vehicle is a class 1 all-terrain vehicle
42.20with straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with
42.21side-by-side-style seating on public lands or waters if accompanied by a parent or legal
42.22guardian.
42.23 (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
42.24 (h) A person under the age of 16 may not operate an all-terrain vehicle on public lands
42.25or waters or on state or grant-in-aid trails if the person cannot properly reach and control:
42.26 (1) the handle bars and reach the foot pegs while sitting upright on the seat of the
42.27all-terrain vehicle with straddle-style seating; or
42.28 (2) the steering wheel and foot controls of a class 1 all-terrain vehicle with
42.29side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged.
42.30(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16
42.31years old, may make a direct crossing of a public road right-of-way of a trunk, county
43.1state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or
43.2state or grant-in-aid trails if:
43.3(1) the nonresident youth has in possession evidence of completing an all-terrain safety
43.4course offered by the ATV Safety Institute or another state as provided in section84.925 ,
43.5subdivision 3; and
43.6(2) the nonresident youth is accompanied by a person 18 years of age or older who holds
43.7a valid driver's license.
43.8(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
43.9vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted
43.10under section84.928 if the person:
43.11(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
43.12and
43.13(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.
43.14 Sec. 12. Minnesota Statutes 2016, section 84.9256, subdivision 2, is amended to read:
43.15 Subd. 2. Helmet and seat belts required. (a) A person less than 18 years of age shall
43.16not ride as a passenger or as an operator of an all-terrain vehicle on public land, public
43.17waters, or on a public road right-of-way unless wearing a safety helmet approved by the
43.18commissioner of public safety.
43.19 (b) A person less than 18 years of age shall not ride as a passenger or as an operator of
43.20a class 2 an all-terrain vehicle without wearing a seat belt when provided by the manufacturer.
43.21 Sec. 13. Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read:
43.22 Subd. 2. Standards. (a) An appropriation for asset preservation may be used only for a
43.23capital expenditure on a capital asset previously owned by the state, within the meaning of
43.24generally accepted accounting principles as applied to public expenditures. The commissioner
43.25of natural resources will consult with the commissioner of management and budget to the
43.26extent necessary to ensure this and will furnish the commissioner of management and budget
43.27a list of projects to be financed from the account in order of their priority. The legislature
43.28assumes that many projects for preservation and replacement of portions of existing capital
43.29assets will constitute betterments and capital improvements within the meaning of the
43.30Constitution and capital expenditures under generally accepted accounting principles, and
43.31will be financed more efficiently and economically under this section than by direct
43.32appropriations for specific projects.
44.1(b) An appropriation for asset preservation must not be used to acquire land or to acquire
44.2or construct buildings or other facilities.
44.3(c) Capital budget expenditures for natural resource asset preservation and replacement
44.4projects must be for one or more of the following types of capital projects that support the
44.5existing programmatic mission of the department: code compliance including health and
44.6safety, Americans with Disabilities Act requirements, hazardous material abatement, access
44.7improvement, or air quality improvement; building energy efficiency improvements using
44.8current best practices; building or infrastructure repairs necessary to preserve the interior
44.9and exterior of existing buildings; projects to remove life safety hazards such as building
44.10code violations or structural defects; or renovation of other existing improvements to land,
44.11including but not limited to trails and bridges.
44.12(d) Up to ten percent of an appropriation awarded under this section may be used for
44.13design costs for projects eligible to be funded from this account in anticipation of future
44.14funding from the account.
44.15 Sec. 14. Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to
44.16read:
44.17 Subd. 4. Priorities; report. The commissioner of natural resources must establish
44.18priorities for natural resource asset preservation and replacement projects. By January 15
44.19each year, the commissioner must submit to the commissioner of management and budget
44.20a list of the projects that have been paid for with money from a natural resource asset
44.21preservation and replacement appropriation during the preceding calendar year.
44.22 Sec. 15. Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read:
44.23 Subd. 3. Training and mentoring. The commissioner must develop and implement a
44.24training program that adequately prepares Minnesota Naturalist Corps members for the
44.25tasks assigned. Each corps membershall be is assigned a state park an interpretive naturalist
44.26as a mentor.
44.27 Sec. 16. Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read:
44.28 Subd. 4. Uniformpatch pin. Uniforms worn by members of the Minnesota Naturalist
44.29Corps must have apatch pin that includes the name of the Minnesota Naturalist Corps and
44.30information that the program is funded by the clean water, land, and legacy amendment to
44.31the Minnesota Constitution adopted by the voters in November 2008.
45.1 Sec. 17. Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read:
45.2 Subd. 5. Eligibility. A person is eligible to enroll in the Minnesota Naturalist Corps if
45.3the person:
45.4(1) is a permanent resident of the state;
45.5(2) is a participant in an approved college internship programor has a postsecondary
45.6degree in a field related to natural resource resources, cultural history, interpretation, or
45.7conservationrelated field; and
45.8(3) has completed at least one year of postsecondary education.
45.9 Sec. 18. Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read:
45.10 Subd. 6. Corps member status. Minnesota Naturalist Corps members are not eligible
45.11for unemployment benefitsif their services are excluded under section
268.035, subdivision
45.1220, and are not eligible for other benefits except workers' compensation. The corps members
45.13are not employees of the state within the meaning of section43A.02 , subdivision 21.
45.14 Sec. 19. Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read:
45.15 Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested
45.16waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b),
45.17(c), or (d), and section97C.341 .
45.18 (b) In waters that are listed as infested waters, except those listed as infested with
45.19prohibited invasive species of fish or certifiable diseases of fish, as defined under section
45.2017.4982, subdivision 6
, taking wild animals may be permitted for:
45.21 (1) commercial taking of wild animals for bait and aquatic farm purposes as provided
45.22in a permit issued under section84D.11 , subject to rules adopted by the commissioner; and
45.23 (2) bait purposes for noncommercial personal use in waters that contain Eurasian
45.24watermilfoil, when the infested waters are listed solely because they contain Eurasian
45.25watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not
45.26exceeding 16 inches in diameter and 32 inches in length.
45.27(c) In streams or rivers that are listed as infested waters, except those listed as infested
45.28with certifiable diseases of fish, as defined under section17.4982, subdivision 6 , the harvest
45.29of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by
45.30hook and line for noncommercial personal use is allowed as follows:
46.1(1) fish taken under this paragraph must be used on the same body of water where caught
46.2and while still on that water body. Where the river or stream is divided by barriers such as
46.3dams, the fish must be caught and used on the same section of the river or stream;
46.4(2) fish taken under this paragraph may not be transported live from or off the water
46.5body;
46.6(3) fish harvested under this paragraph may only be used in accordance with this section;
46.7(4) any other use of wild animals used for bait from infested waters is prohibited;
46.8(5) fish taken under this paragraph must meet all other size restrictions and requirements
46.9as established in rules; and
46.10(6) all species listed under this paragraph shall be included in the person's daily limit as
46.11established in rules, if applicable.
46.12(d) In the Mississippi River downstream of St. Anthony Falls and the St. Croix River
46.13downstream of the dam at Taylors Falls, including portions described as
46.14Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items
46.15A and B, the harvest of gizzard shad by cast net for noncommercial personal use as bait for
46.16angling, as provided in a permit issued under section84D.11 , is allowed as follows:
46.17 (1) nontarget species must immediately be returned to the water;
46.18(2) gizzard shad taken under this paragraph must be used on the same body of water
46.19where caught and while still on that water body. Where the river is divided by barriers such
46.20as dams, the gizzard shad must be caught and used on the same section of the river;
46.21(3) gizzard shad taken under this paragraph may not be transported off the water body;
46.22and
46.23(4) gizzard shad harvested under this paragraph may only be used in accordance with
46.24this section.
46.25This paragraph expires December 1, 2017.
46.26 (e) Equipment authorized for minnow harvest in a listed infested water by permit issued
46.27under paragraph (b) may not be transported to, or used in, any waters other than waters
46.28specified in the permit.
46.29(f) Bait intended for sale may not be held in infested water after taking and before sale,
46.30unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.
47.1 Sec. 20. Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read:
47.2 Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting restrictions
47.3in infested and noninfested waters. (a) All nets, traps, buoys, anchors, stakes, and lines
47.4used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that
47.5is listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined
47.6in section17.4982 , may not be used in any other waters. If a commercial licensee operates
47.7in an infested water listed because it contains invasive fish, invertebrates, or certifiable
47.8diseases, as defined in section
17.4982, all nets, traps, buoys, anchors, stakes, and lines used
47.9for commercial fishing or turtle, frog, or crayfish harvesting in waters listed as
infested with
47.10invasive fish, invertebrates, or certifiable diseases, as defined in section
17.4982, must be
47.11tagged with tags provided by the commissioner, as specified in the commercial licensee's
47.12license or permit. Tagged gear must not be used in water bodies other than those specified
47.13in the license or permit. The permit may authorize department staff to remove tags after the
47.14gear is decontaminated. This tagging requirement does not apply to commercial fishing
47.15equipment used in Lake Superior.
47.16(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle,
47.17frog, or crayfish harvesting in an infested water that is listed solely because it contains
47.18Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum
47.19of two days before they are used in any other waters, except as provided in this paragraph.
47.20Commercial licensees must notify the department's regional or area fisheries office or a
47.21conservation officer before removing nets or equipment from an infested water listed solely
47.22because it contains Eurasian watermilfoil and before resetting those nets or equipment in
47.23any other waters. Upon notification, the commissioner may authorize a commercial licensee
47.24to move nets or equipment to another water without freezing or drying, if that water is listed
47.25as infested solely because it contains Eurasian watermilfoil.
47.26(c) A commercial licensee must remove all aquatic macrophytes from nets and other
47.27equipment before placing the equipment into waters of the state.
47.28(d) The commissioner shall provide a commercial licensee with a current listing of listed
47.29infested waters at the time that a license or permit is issued.
47.30 Sec. 21. Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read:
47.31 Subdivision 1. Classes. The commissioner shall, as provided in this chapter, classify
47.32nonnative species of aquatic plants and wild animals, including subspecies, genotypes,
47.33cultivars, hybrids, or genera of nonnative species, according to the following categories:
48.1(1) prohibited invasive species, which may not be possessed, imported, purchased, sold,
48.2propagated, transported, or introduced except as provided in section84D.05 ;
48.3(2) regulated invasive species, which may not be introduced except as provided in section
48.484D.07
;
48.5(3) unlisted nonnative species, which are subject to the classification procedure in section
48.684D.06
; and
48.7(4) unregulated nonnative species, which are not subject to regulation under this chapter.
48.8 Sec. 22. Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read:
48.9 Subdivision 1. Prohibited activities. A person may not possess, import, purchase, sell,
48.10propagate, transport, or introduce a prohibited invasive species, except:
48.11(1) under a permit issued by the commissioner under section84D.11 ;
48.12(2) in the case of purple loosestrife, as provided by sections18.75 to
18.88 ;
48.13(3) under a restricted species permit issued under section17.457 ;
48.14(4) when being transported to the department, or another destination as the commissioner
48.15may direct, in a sealed container for purposes of identifying the species or reporting the
48.16presence of the species;
48.17(5) when being transported for disposal as part of a harvest or control activity when
48.18specifically authorized under a permit issued by the commissioner according to section
48.19103G.615
, when being transported for disposal as specified under a commercial fishing
48.20license issued by the commissioner according to section97A.418 ,
97C.801 ,
97C.811 ,
48.2197C.825
,
97C.831 , or
97C.835 , or when being transported as specified by the commissioner;
48.22(6) when being removed from watercraft and equipment, or caught while angling, and
48.23immediately returned to the water from which they came;or
48.24(7) when being transported from riparian property to a legal disposal site that is at least
48.25100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited
48.26invasive species are in a covered commercial vehicle specifically designed and used for
48.27hauling trash; or
48.28(7) (8) as the commissioner may otherwise prescribe by rule.
49.1 Sec. 23. Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read:
49.2 Subd. 2a. Lake Minnetonka pilot study. (a) The commissioner may issue an additional
49.3permit to service providers to return to Lake Minnetonka water-related equipment with
49.4zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired.
49.5The permit must include verification and documentation requirements and any other
49.6conditions the commissioner deems necessary.
49.7(b) Water-related equipment with zebra mussels attached may be returned only to Lake
49.8Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted
49.9under subdivision 1.
49.10(c) The service provider's place of business must be within the Lake Minnetonka
49.11Conservation District as established according to sections103B.601 to
103B.645 or within
49.12a municipality immediately bordering the Lake Minnetonka Conservation District's
49.13boundaries.
49.14(d) A service provider applying for a permit under this subdivision must, if approved
49.15for a permit and before the permit is valid, furnish a corporate surety bond in favor of the
49.16state for $50,000 payable upon violation of this chapter while the service provider is acting
49.17under a permit issued according to this subdivision.
49.18(e) This subdivision expires December 1,2018 2019.
49.19 Sec. 24. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision
49.20to read:
49.21 Subd. 2b. Gull Lake pilot study. (a) The commissioner may include an additional
49.22targeted pilot study to include water-related equipment with zebra mussels attached for the
49.23Gull Narrows State Water Access Site, Government Point State Water Access Site, and
49.24Gull East State Water Access Site on Gull Lake (DNR Division of Waters number 11-0305)
49.25in Cass and Crow Wing Counties using the same authorities, general procedures, and
49.26requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake service
49.27providers participating in the Gull Lake targeted pilot study place of business must be located
49.28in Cass or Crow Wing County.
49.29(b) If an additional targeted pilot project for Gull Lake is implemented under this section,
49.30the report to the chairs and ranking minority members of the senate and house of
49.31representatives committees having jurisdiction over natural resources required under Laws
49.322016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study
49.33recommendations and assessments.
50.1(c) This subdivision expires December 1, 2019.
50.2 Sec. 25. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision
50.3to read:
50.4 Subd. 2c. Cross Lake pilot study. (a) The commissioner may include an additional
50.5targeted pilot study to include water-related equipment with zebra mussels attached for the
50.6Cross Lake #1 State Water Access Site on Cross Lake (DNR Division of Waters number
50.718-0312) in Crow Wing County using the same authorities, general procedures, and
50.8requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The place
50.9of business of lake service providers participating in the Cross Lake targeted pilot study
50.10must be located in Cass or Crow Wing County.
50.11(b) If an additional targeted pilot project for Cross Lake is implemented under this
50.12section, the report to the chairs and ranking minority members of the senate and house of
50.13representatives committees having jurisdiction over natural resources required under Laws
50.142016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot
50.15study recommendations and assessments.
50.16(c) This subdivision expires December 1, 2019.
50.17 Sec. 26. Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to
50.18read:
50.19 Subd. 1a. Permit for invasive carp. The commissioner may issue a permit to
50.20departmental divisions for tagging bighead, black, grass, or silver carp for research or
50.21control. Under the permit, the carp may be released into the water body from which the carp
50.22was captured. This subdivision expires December 31, 2021.
50.23 Sec. 27. [85.0507] FORT RIDGELY GOLF COURSE; GOLF CARTS.
50.24The commissioner may by contract, concession agreement, or lease, authorize the use
50.25of golf carts on the golf course at Fort Ridgely State Park.
50.26 Sec. 28. Minnesota Statutes 2016, section 85.052, subdivision 1, is amended to read:
50.27 Subdivision 1. Authority to establish. (a) The commissioner may establish, by written
50.28order, provisions for the use of state parks for the following:
50.29(1) special parking space for automobiles or other motor-driven vehicles in a state park
50.30or state recreation area;
51.1(2) special parking spurs, campgrounds for automobiles, sites for tent camping, other
51.2types of lodging, camping, or day use facilities, and special auto trailer coach parking spaces,
51.3for the use of the individual charged for the space or facility;
51.4(3) improvement and maintenance of golf courses already established in state parks, and
51.5charging reasonable use fees; and
51.6(4) providing water, sewer, and electric service to trailer or tent campsites and charging
51.7a reasonable use fee.
51.8(b) Provisions established under paragraph (a) are exempt from section16A.1283 and
51.9the rulemaking provisions of chapter 14. Section14.386 does not apply.
51.10(c) For the purposes of this subdivision, "lodging" means an enclosed shelter, room, or
51.11building with furnishings for overnight use.
51.12 Sec. 29. Minnesota Statutes 2016, section 85.053, subdivision 8, is amended to read:
51.13 Subd. 8. Free permit; military personnel; exemption. (a) A one-day permit, Annual
51.14permits under subdivision4, shall 1 must be issued without a fee for a motor vehicle being
51.15used by a person who is serving in to active military service personnel in any branch or unit
51.16of the United States armed forcesand who is stationed outside Minnesota, during the period
51.17of active service and for 90 days immediately thereafter, if the or their dependents and to
51.18recipients of a Purple Heart medal. To qualify for a free permit under this subdivision, a
51.19personpresents the person's current military orders must present qualifying military
51.20identification or an annual pass for the United States military issued through the National
51.21Parks and Federal Recreational Lands Pass program to the park attendant on duty or other
51.22designee of the commissioner.
51.23 (b) For purposes of thissection, "active service" has the meaning given under section
51.24190.05, subdivision 5c
, when performed outside Minnesota subdivision, the commissioner
51.25shall establish what constitutes qualifying military identification in the State Register.
51.26(c)A permit is not required for a motor vehicle being used by military personnel or their
51.27dependents who have in their possession the annual pass for United States military
and their
51.28dependents issued by the federal government for access to federal recreation sites For
51.29vehicles permitted under paragraph (a), the permit or decal issued under this subdivision is
51.30valid only when displayed on a vehicle owned and occupied by the person to whom the
51.31permit is issued.
51.32(d) The commissioner may issue a daily vehicle permit free of charge to an individual
51.33who qualifies under paragraph (a) and does not own or operate a motor vehicle.
52.1 Sec. 30. Minnesota Statutes 2016, section 85.053, subdivision 10, is amended to read:
52.2 Subd. 10. Freeentrance permit; disabled veterans. (a) The commissioner shall issue
52.3an annual park permit for no charge to any veteranwith a total and permanent
52.4service-connected disability, and a daily park permit to any resident veteran with any level
52.5of service-connected disability, as determined by the United States Department of Veterans
52.6Affairs, who presents each year a copy of the veteran's determination letter or other official
52.7form of validation issued by the United States Department of Veterans Affairs or the United
52.8States Department of Defense to a park attendant or commissioner's designee. For the
52.9purposes of thissection subdivision, "veteran" has the meaning given in section
197.447 .
52.10 (b) For vehicles permitted under paragraph (a), the permit or decal issued under this
52.11subdivision is valid only when displayed on a vehicle owned and occupied by the person
52.12to whom the permit is issued.
52.13 (c) The commissioner may issue a daily vehicle permit free of charge to an individual
52.14who qualifies under paragraph (a) and does not own or operate a motor vehicle.
52.15 Sec. 31. Minnesota Statutes 2016, section 85.054, is amended by adding a subdivision to
52.16read:
52.17 Subd. 19. Fort Ridgely golf course. The commissioner may by contract, concession
52.18agreement, or lease waive a state park permit and associated fee for motor vehicle entry or
52.19parking for persons playing golf at the Fort Ridgely State Park golf course provided that
52.20the contract, concession agreement, or lease payment to the state is set, in part, to compensate
52.21the state park system for the loss of the state park fees.
52.22 Sec. 32. Minnesota Statutes 2016, section 85.055, subdivision 1, is amended to read:
52.23 Subdivision 1. Fees. The fee for state park permits for:
52.24(1) an annual use of state parks is$25 $35;
52.25(2) a second or subsequent vehicle state park permit is$18 $26;
52.26(3) a state park permit valid for one day is$5 $7;
52.27(4) a daily vehicle state park permit for groups is$3 $5;
52.28(5) an annual permit for motorcycles is$20 $30;
52.29(6) an employee's state park permit is without charge; and
53.1(7) a state park permit for persons with disabilities under section85.053, subdivision 7 ,
53.2paragraph (a), clauses (1) to (3), is $12.
53.3The fees specified in this subdivision include any sales tax required by state law.
53.4 Sec. 33. Minnesota Statutes 2016, section 85.22, subdivision 2a, is amended to read:
53.5 Subd. 2a. Receipts, appropriation. All receipts derived from the rental or sale of state
53.6park items, toursat Forestville Mystery Cave State Park, interpretation programs, educational
53.7programs, and operation of Douglas Lodge shall be deposited in the state treasury and be
53.8credited to the state parks working capital account. Receipts and expenses from Douglas
53.9Lodge shall be tracked separately within the account. Money in the account is annually
53.10appropriated for the purchase and payment of expenses attributable to items for resale or
53.11rental and operation of Douglas Lodge. Any excess receipts in this account are annually
53.12appropriated for state park management and interpretive programs.
53.13 Sec. 34. Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read:
53.14 Subdivision 1.Areas marked Designation. The commissioner of natural resources is
53.15authorized in cooperation with local units of government and private individuals and groups
53.16when feasible tomark manage state water trails on the Lake Superior water trail under
53.17section 85.0155 and on the following rivers, which have historic, recreational, and scenic
53.18values: Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon,
53.19Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro,
53.20Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa
53.21from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River
53.22of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock,and Vermilion in
53.23St. Louis County, North Fork of the Crow, and South Fork of the CrowRivers, which have
53.24historic and scenic values, and to mark appropriately. The commissioner may map and sign
53.25points of interest, public water access sites, portages, camp sites, andall dams, rapids,
53.26waterfalls,whirlpools, and other serious hazards that are dangerous to canoe, kayak, and
53.27watercraft travelers. The commissioner may maintain passageway for watercraft on state
53.28water trails.
53.29 Sec. 35. [85.47] SPECIAL USE PERMITS; FEES.
53.30Fees collected for special use permits to use state trails not on state forest, state park, or
53.31state recreation area lands and for use of state water access sites must be deposited in the
53.32natural resources fund.
54.1 Sec. 36. Minnesota Statutes 2016, section 86B.301, subdivision 2, is amended to read:
54.2 Subd. 2. Exemptions. A watercraft license is not required for:
54.3(1) a watercraft that is covered by a license or number in full force and effect under
54.4federal law or a federally approved licensing or numbering system of another state, or a
54.5watercraft that is owned by a person from another state and that state does not require
54.6licensing that type of watercraft, and the watercraft has not been within this state for more
54.7than 90 consecutive days, which does not include days that a watercraft is laid up at dock
54.8over winter or for repairs at a Lake Superior port or another port in the state;
54.9(2) a watercraft from a country other than the United States that has not been within this
54.10state for more than 90 consecutive days, which does not include days that a watercraft is
54.11laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
54.12(3) a watercraft owned by the United States, an Indian tribal government, a state, or a
54.13political subdivision of a state, except watercraft used for recreational purposes;
54.14(4) a ship's lifeboat;
54.15(5) a watercraft that has been issued a valid marine document by the United States
54.16government;
54.17(6) a waterfowl boat during waterfowl-hunting season;
54.18(7) a rice boat during the harvest season;
54.19(8) a seaplane;
54.20(9) a nonmotorized watercraft ten feet in length or less; and
54.21(10) a watercraft that is covered by a valid license or number issued by a federally
54.22recognized Indian tribe in the state under a federally approved licensing or numbering system
54.23and that is owned by a member of that tribe.
54.24 Sec. 37. Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read:
54.25 Subdivision 1. General requirements. (a) In addition to requirements of other laws
54.26relating to watercraft, a person may not operate or permit the operation of a personal
54.27watercraft:
54.28(1) without each person on board the personal watercraft wearing aUnited States Coast
54.29Guard (USCG) approved wearable personal flotation device with a that is approved by the
54.30United States Coast Guard (USCG) and has a USCG label indicatingit the flotation device
54.31either is approved for or does not prohibit use with personal watercraftor water skiing;
55.1(2) between one hour before sunset and 9:30 a.m.;
55.2(3) at greater than slow-no wake speed within 150 feet of:
55.3(i) a shoreline;
55.4(ii) a dock;
55.5(iii) a swimmer;
55.6(iv) a raft used for swimming or diving; or
55.7(v) a moored, anchored, or nonmotorized watercraft;
55.8(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other
55.9device unless:
55.10(i) an observer is on board; or
55.11(ii) the personal watercraft is equipped with factory-installed or factory-specified
55.12accessory mirrors that give the operator a wide field of vision to the rear;
55.13(5) without the lanyard-type engine cutoff switch being attached to the person, clothing,
55.14or personal flotation device of the operator, if the personal watercraft is equipped by the
55.15manufacturer with such a device;
55.16(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or
55.17tampered with so as to interfere with the return-to-idle system;
55.18(7) to chase or harass wildlife;
55.19(8) through emergent or floating vegetation at other than a slow-no wake speed;
55.20(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property,
55.21including weaving through congested watercraft traffic, jumping the wake of another
55.22watercraft within 150 feet of the other watercraft, or operating the watercraft while facing
55.23backwards;
55.24(10) in any other manner that is not reasonable and prudent; or
55.25(11) without a personal watercraft rules decal, issued by the commissioner, attached to
55.26the personal watercraft so as to be in full view of the operator.
55.27(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft
55.28to launch or land a person on water skis, a kneeboard, or similar device by the most direct
55.29route to open water.
56.1 Sec. 38. Minnesota Statutes 2016, section 86B.701, subdivision 3, is amended to read:
56.2 Subd. 3. Allocation of funding. (a) Notwithstanding section 16A.41, expenditures
56.3directly related to each appropriation's purpose made on or after January 1 of the fiscal year
56.4in which the grant is made or the date of work plan approval, whichever is later, are eligible
56.5for reimbursement unless otherwise provided.
56.6(b) The amount of funds to be allocated under subdivisions 1 and 2 and shall be
56.7determined by the commissioner on the basis of the following criteria:
56.8(1) the number of watercraft using the waters wholly or partially within the county;
56.9(2) the number of watercraft using particular bodies of water, wholly or partially within
56.10the county, in relation to the size of the body of water and the type, speed, and size of the
56.11watercraft utilizing the water body;
56.12(3) the amount of water acreage wholly or partially within the county;
56.13(4) the overall performance of the county in the area of boat and water safety;
56.14(5) special considerations, such as volume of transient or nonresident watercraft use,
56.15number of rental watercraft, extremely large bodies of water wholly or partially in the
56.16county; or
56.17(6) any other factor as determined by the commissioner.
56.18(b) (c) The commissioner may require reports from the counties, make appropriate
56.19surveys or studies, or utilize local surveys or studies to determine the criteria required in
56.20allocation funds.
56.21 Sec. 39. Minnesota Statutes 2016, section 88.01, subdivision 28, is amended to read:
56.22 Subd. 28. Prescribed burn. "Prescribed burn" means a fire that is intentionally ignited,
56.23managed, and controlled for the purpose of managing forests, prairies, or wildlife habitats
56.24by an entity meeting certification requirements established by the commissionerfor the
56.25purpose of managing vegetation. A prescribed burn that has exceeded its prescribed
56.26boundaries and requires immediate suppression action by a local fire department or other
56.27agency with wildfire suppression responsibilities is considered a wildfire.
56.28 Sec. 40. Minnesota Statutes 2016, section 88.523, is amended to read:
56.2988.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.
57.1Upon application of the owner, any auxiliary forest contract may be made subject to any
57.2provisions of law enacted subsequent to the execution of the contract and in force at the
57.3time of application, so far as not already applicable, with the approval of the county board
57.4and the commissioner of natural resources. A supplemental agreement in aform format
57.5prescribed by the commissionerand approved by the attorney general must be executed by
57.6the commissioner in behalf of the state and by the owner. The supplemental agreement must
57.7be filed and recorded in like manner as the supplemental contract under section88.49,
57.8subdivision 9 , and takes effect upon filing and recording.
57.9 Sec. 41. Minnesota Statutes 2016, section 89.39, is amended to read:
57.1089.39 PURCHASE AGREEMENTS AND PENALTIES.
57.11Every individual, partnership, or private corporation to whom any planting stock is
57.12supplied for planting on private landhereunder shall under sections 89.35 to 89.39 must
57.13execute an agreement,upon a form in a format approved by the attorney general
57.14commissioner, to comply withall the requirements of sections
89.35 to
89.39 and all
57.15conditions prescribed by the commissionerhereunder thereunder. Any party to such an
57.16agreement whoshall violate any provision thereof shall, violates the agreement is, in addition
57.17to any other penalties that may be applicable,be liable to the state in a sum equal to three
57.18times the reasonable value of the trees affected by the violation at the time thesame trees
57.19were shipped for planting; provided, that ifsuch the trees are sold or offered for sale for
57.20any purpose notherein authorized, such under sections 89.35 to 89.39, the penalty shall be
57.21is equal to three times the sale price.Such The penalties shall be are recoverable in a civil
57.22action brought in the name of the state by the attorney general.
57.23 Sec. 42. Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision to
57.24read:
57.25 Subd. 1a. Affiliate. "Affiliate" means a person who:
57.26(1) controls, is controlled by, or is under common control with any other person,
57.27including, without limitation, a partner, business entity with common ownership, or principal
57.28of any business entity or a subsidiary, parent company, or holding company of any person;
57.29or
57.30(2) bids as a representative for another person.
58.1 Sec. 43. Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read:
58.2 Subd. 8. Permit holder. "Permit holder" means the person or affiliate of the person who
58.3is the signatory of a permit to cut timber on state lands.
58.4 Sec. 44. Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read:
58.5 Subd. 12. Responsible bidder. "Responsible bidder" means a person or affiliate of a
58.6person who is financially responsible; demonstrates the judgment, skill, ability, capacity,
58.7and integrity requisite and necessary to perform according to the terms of a permit issued
58.8under this chapter; and is not currently debarred byanother a government entity for any
58.9cause.
58.10 Sec. 45. Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read:
58.11 Subd. 2. Trespass on state lands. The commissioner may compromise and settle, with
58.12notification to the attorney general, upon terms the commissioner deems just, any claim of
58.13the state for casual and involuntary trespass upon state lands or timber; provided that no
58.14claim shall be settled for less than the full value of all timber or other materials taken in
58.15casual trespass or the full amount of all actual damage or loss suffered by the state as a
58.16result. Upon request, the commissioner shall advise the Executive Council of any information
58.17acquired by the commissioner concerning any trespass on state lands, giving all details and
58.18names of witnesses and all compromises and settlements made under this subdivision.
58.19 Sec. 46. Minnesota Statutes 2016, section 90.051, is amended to read:
58.2090.051 SUPERVISION OF SALES; BOND.
58.21The department employee delegated to supervise state timber appraisals and sales shall
58.22be bonded in a form to be prescribed by theattorney general commissioner and in the sum
58.23of not less than $25,000, conditioned upon the faithful and honest performance of duties.
58.24 Sec. 47. Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read:
58.25 Subd. 2. Sale list and notice. At least 30 days before the date of sale, the commissioner
58.26shall compile a list containing a description of each tract of land upon which any timber to
58.27be offered is situated and a statement of the estimated quantity of timber and of the appraised
58.28price of each kind of timber thereon as shown by the report of the state appraiser. No
58.29description shall be added after the list is posted and no timber shall be sold from land not
58.30described in the list. Copies of the listshall must be furnished to all interested applicants.
58.31At least 30 days before the date of sale, a copy of the listshall must be posted on the Internet
59.1or conspicuously posted in the forest office or other public facility most accessible to potential
59.2biddersat least 30 days prior to the date of sale. The commissioner shall cause a notice to
59.3be published once not less than one week before the date of sale in a legal newspaper
in the
59.4county or counties where the land is situated. The notice shall state the time and
place of
59.5the sale and the location at which further information regarding the sale may be obtained.
59.6The commissioner may give other published or posted notice as the commissioner deems
59.7proper to reach prospective bidders.
59.8 Sec. 48. Minnesota Statutes 2016, section 90.14, is amended to read:
59.990.14 AUCTION SALE PROCEDURE.
59.10(a) All state timber shall be offered and sold by the same unit of measurement as it was
59.11appraised. No tract shall be sold to any person other than thepurchaser responsible bidder
59.12in whose name the bid was made. The commissioner may refuse to approve any and all bids
59.13received and cancel a sale of state timber for good and sufficient reasons.
59.14(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid,
59.15or, if unsold at public auction, at the time of purchase at a subsequent sale under section
59.1690.101
, subdivision 1, pay to the commissioner a down payment of 15 percent of the
59.17appraised value. In case any purchaser fails to make such payment, the purchaser shall be
59.18liable therefor to the state in a civil action, and the commissioner may reoffer the timber
59.19for sale as though no bid or sale under section90.101 , subdivision 1, therefor had been
59.20made.
59.21(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state
59.22timber may, at the time of payment by the purchaser to the commissioner of 15 percent of
59.23the appraised value, elect inwriting on a form format prescribed by the attorney general
59.24commissioner to purchase a permit based solely on the appraiser's estimate of the volume
59.25of timber described in the permit, provided that the commissioner has expressly designated
59.26the availability of such option for that tract on the list of tracts available for sale as required
59.27under section90.101 . A purchaser who elects in writing on a form format prescribed by the
59.28attorney general commissioner to purchase a permit based solely on the appraiser's estimate
59.29of the volume of timber described on the permit does not have recourse to the provisions
59.30of section90.281 .
59.31(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be
59.32awarded to the high bidder, who shall pay to the commissioner a down payment of 15
59.33percent of the appraised value that must be received or postmarked within 14 days of the
59.34date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser
60.1is liable for the down payment to the state and the commissioner may offer the timber for
60.2sale to the next highest bidder as though no higher bid had been made.
60.3(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued
60.4under section90.151 , the commissioner shall require the purchaser to make a bid guarantee
60.5payment to the commissioner in an amount equal to 15 percent of the total purchase price
60.6of the permit less the down payment amount required by paragraph (b) for any bid increase
60.7in excess of $10,000 of the appraised value. If a required bid guarantee payment is not
60.8submitted with the signed permit, no harvesting may occur, the permit cancels, and the
60.9down payment for timber forfeits to the state. The bid guarantee payment forfeits to the
60.10state if the purchaser and successors in interest fail to execute an effective permit.
60.11 Sec. 49. Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read:
60.12 Subd. 2. Purchaser registration. To facilitate the sale of permits issued under section
60.1390.151
, the commissioner may establish a registration system to verify the qualifications
60.14of a person or affiliate as a responsible bidder to purchase a timber permit. Any system
60.15implemented by the commissioner shall be limited in scope to only that information that is
60.16required for the efficient administration of the purchaser qualification requirements of this
60.17chapter. The registration system established under this subdivision is not subject to the
60.18rulemaking provisions of chapter 14 and section14.386 does not apply.
60.19 Sec. 50. Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read:
60.20 Subdivision 1. Issuance; expiration. (a) Following receipt of the down payment for
60.21state timber required under section90.14 or
90.191 , the commissioner shall issue a numbered
60.22permit to the purchaser, in aform format approved by the attorney general commissioner,
60.23by the terms of which the purchasershall be is authorized to enter upon the land, and to cut
60.24and remove the timbertherein described in the permit as designated for cutting in the report
60.25of the state appraiser, according to the provisions of this chapter. The permitshall must be
60.26correctly dated and executed by the commissioner and signed by the purchaser. If a permit
60.27is not signed by the purchaser within 45 days from the date of purchase, the permit cancels
60.28and the down payment for timber required under section90.14 forfeits to the state. The
60.29commissioner may grant an additional period for the purchaser to sign the permit, not to
60.30exceed ten business days, provided the purchaser pays a $200 penalty fee.
60.31 (b) The permitshall expire expires no later than five years after the date of sale as the
60.32commissioner shall specify or as specified under section90.191 , and the timber shall must
60.33be cut and removed within the time specifiedtherein. If additional time is needed, the permit
61.1holder must request,prior to before the expiration date, and may be granted, for good and
61.2sufficient reasons, up to 90 additional days for the completion of skidding, hauling, and
61.3removing all equipment and buildings. All cut timber, equipment, and buildings not removed
61.4from the land after expiration of the permit becomes the property of the state.
61.5 (c) The commissioner may grantan additional period of time not to exceed 240 days
61.6forthe removal of removing cut timber, equipment, and buildings upon receipt of a written
61.7request by the permit holder for good and sufficient reasons. The permit holder may combine
61.8in the written request under this paragraph the request for additional time under paragraph
61.9(b).
61.10 Sec. 51. Minnesota Statutes 2016, section 90.162, is amended to read:
61.1190.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.
61.12In lieu of the security deposit equal to the value of all timber covered by the permit
61.13required by section90.161 , a purchaser of state timber may elect in writing on a form format
61.14prescribed by theattorney general commissioner to give good and valid surety to the state
61.15of Minnesota equal to the purchase price for any designated cutting block identified on the
61.16permit before the date the purchaser enters upon the land to begin harvesting the timber on
61.17the designated cutting block.
61.18 Sec. 52. Minnesota Statutes 2016, section 90.252, is amended to read:
61.1990.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES;
61.20FEES.
61.21 Subdivision 1. Scaling agreement. The commissioner may enter into an agreement with
61.22either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling
61.23of the cut timber and the collection of the payment for the same can be consummated by
61.24the state.Such an The agreement shall must be approved as to form and content by the
61.25attorney general commissioner and shall must provide for a bond or cash in lieu of a bond
61.26andsuch other safeguards as are necessary to protect the interests of the state. The scaling
61.27and payment collection procedure may be used for any state timber sale, except that no
61.28permittee who is also the consumer shall both cut and scale the timber sold unlesssuch the
61.29scaling is supervised by a state scaler.
61.30 Subd. 2. Weight measurement services; fees. The commissioner may enter into an
61.31agreement with the owner or operator of any weight scale inspected, tested, and approved
61.32under chapter 239 to provide weight measurements forthe scaling of state timber according
62.1to section90.251 . The agreement shall must be on a form in a format prescribed by the
62.2attorney general commissioner, shall become a becomes part of the official record of any
62.3state timber permit so scaled, andshall must contain safeguards that are necessary to protect
62.4the interests of the state. Except as otherwise provided by the commissioner, the cost of any
62.5agreement to provide weight measurement of state timbershall must be paid by the permit
62.6holder of any state timber permit so measured and the costshall must be included in the
62.7statement of the amount due for the permit under section90.181, subdivision 1 .
62.8 Sec. 53. Minnesota Statutes 2016, section 93.25, subdivision 2, is amended to read:
62.9 Subd. 2. Lease requirements. All leases for nonferrous metallic minerals or petroleum
62.10must be approved by the Executive Council, and any other mineral lease issued pursuant
62.11to this section that covers 160 or more acres must be approved by the Executive Council.
62.12The rents, royalties, terms, conditions, and covenants of all such leases shall be fixed by
62.13the commissioner according to rules adopted by the commissioner, but no lease shall be for
62.14a longer term than 50 years, and all rents, royalties, terms, conditions, and covenants shall
62.15be fully set forth in each lease issued. No lease shall be canceled by the state for failure to
62.16meet production requirements prior to the 36th year of the lease. The rents and royalties
62.17shall be credited to the funds as provided in section93.22 .
62.18EFFECTIVE DATE.This section is effective the day following final enactment and
62.19applies to leases in effect or issued on or after that date.
62.20 Sec. 54. Minnesota Statutes 2016, section 93.47, subdivision 4, is amended to read:
62.21 Subd. 4. Administration and enforcement. The commissioner shall administer and
62.22enforce sections93.44 to
93.51 and the rules adopted pursuant hereto. In so doing the
62.23commissioner may (1) conduct such investigations and inspections as the commissioner
62.24deems necessary for the proper administration of sections93.44 to
93.51 ; (2) enter upon
62.25any parts of the mining areas in connection with any such investigation and inspection
62.26without liability to the operator or landowner provided that reasonable prior notice of
62.27intention to do so shall have been given the operator or landowner; (3) conduct such research
62.28or enter into contracts related to mining areas and the reclamation thereof as may be necessary
62.29to carry out the provisions of sections93.46 to
93.50; and (4) allocate surplus wetland credits
62.30that are approved by the commissioner under a permit to mine on or after July 1, 1991, and
62.31that are not otherwise deposited in a state wetland bank .
62.32EFFECTIVE DATE.This section is effective retroactively from July 1, 1991.
63.1 Sec. 55. Minnesota Statutes 2016, section 93.481, subdivision 2, is amended to read:
63.2 Subd. 2. Commissioner's review; hearing; burden of proof. Within 120 days after
63.3receivingthe an application, or after receiving additional information requested, or after
63.4holding a hearing as provided in this section the commissioner has deemed complete and
63.5filed, the commissioner shall grant the permit applied for, with or without modifications or
63.6conditions, or deny the application unless a contested case hearing is requested under section
63.793.483.If written objections to the proposed application are filed with the commissioner
63.8within 30 days after the last publication required pursuant to this section or within
seven
63.9days after publication in the case of an application to conduct lean ore stockpile
removal,
63.10by any person owning property which will be affected by the proposed operation or
by any
63.11federal, state, or local governmental agency having responsibilities affected by the
proposed
63.12operations, a public hearing shall be held by the commissioner in the locality of
the proposed
63.13operations within 30 days of receipt of such written objections and after appropriate
notice
63.14and publication of the date, time, and location of the hearing. The commissioner's decision
63.15to grant the permit, with or without modifications, or deny the application constitutes a final
63.16order for purposes of section 93.50. The commissioner in granting a permit with or without
63.17modifications shall determine that the reclamation or restoration planned for the operation
63.18complies with lawful requirements and can be accomplished under available technology
63.19and that a proposed reclamation or restoration technique is practical and workable under
63.20available technology. The commissioner may hold public meetings on the application.
63.21 Sec. 56. [93.483] CONTESTED CASE.
63.22 Subdivision 1. Petition for contested case hearing. Any person owning property that
63.23is adjacent to the proposed operation or any federal, state, or local government having
63.24responsibilities affected by the proposed operation identified in the application for a permit
63.25to mine under section 93.481 may file a petition with the commissioner to hold a contested
63.26case hearing on the completed application. To be considered by the commissioner, a petition
63.27must be submitted in writing, must contain the information specified in subdivision 2, and
63.28must be submitted to the commissioner within 30 days after the application is deemed
63.29complete and filed. In addition, the commissioner may, on the commissioner's own motion,
63.30order a contested case hearing on the completed application.
63.31 Subd. 2. Petition contents. (a) A petition for a contested case hearing must include the
63.32following information:
63.33(1) a statement of reasons or proposed findings supporting the commissioner's decision
63.34to hold a contested case hearing pursuant to the criteria in subdivision 3; and
64.1(2) a statement of the issues proposed to be addressed by a contested case hearing and
64.2the specific relief requested or resolution of the matter.
64.3(b) To the extent known by the petitioner, a petition for a contested case hearing may
64.4also include:
64.5(1) a proposed list of prospective witnesses to be called, including experts, with a brief
64.6description of the proposed testimony or a summary of evidence to be presented at a contested
64.7case hearing;
64.8(2) a proposed list of publications, references, or studies to be introduced and relied
64.9upon at a contested case hearing; and
64.10(3) an estimate of time required for the petitioner to present the matter at a contested
64.11case hearing.
64.12(c) A petitioner is not bound or limited to the witnesses, materials, or estimated time
64.13identified in the petition if the requested contested case is granted by the commissioner.
64.14(d) Any person may serve timely responses to a petition for a contested case hearing.
64.15The commissioner shall establish deadlines for responses to be submitted.
64.16 Subd. 3. Commissioner's decision to hold hearing. The commissioner may grant the
64.17petition to hold a contested case hearing or order upon the commissioner's own motion that
64.18a contested case hearing be held if the commissioner finds that:
64.19(1) there is a material issue of fact in dispute concerning the completed application before
64.20the commissioner;
64.21(2) the commissioner has jurisdiction to make a determination on the disputed material
64.22issue of fact; and
64.23(3) there is a reasonable basis underlying a disputed material issue of fact so that a
64.24contested case hearing would allow the introduction of information that would aid the
64.25commissioner in resolving the disputed facts in order to make a final decision on the
64.26completed application.
64.27 Subd. 4. Hearing upon demand of applicant. If the commissioner denies an application,
64.28the applicant may, within 30 days after receipt of the commissioner's order denying the
64.29application, file a demand for a contested case.
64.30 Subd. 5. Scope of hearing. If the commissioner decides to hold a contested case hearing,
64.31the commissioner shall identify the issues to be resolved and limit the scope and conduct
64.32of the hearing in accordance with applicable law, due process, and fundamental fairness.
65.1The commissioner may, before granting or ordering a contested case hearing, develop a
65.2proposed permit or permit conditions to inform the contested case. The contested case
65.3hearing must be conducted in accordance with sections 14.57 to 14.62. The final decision
65.4by the commissioner to grant, with or without modifications or conditions, or deny the
65.5application after a contested case shall constitute a final order for purposes of section 93.50.
65.6 Subd. 6. Consistency with administrative rules. The commissioner shall construe the
65.7administrative procedures under Minnesota Rules, parts 6130.4800 and 6132.4000, in a
65.8manner that is consistent with this section. To the extent any provision of Minnesota Rules,
65.9parts 6130.4800 and 6132.4000, conflicts with this section, this section controls.
65.10 Sec. 57. Minnesota Statutes 2016, section 93.50, is amended to read:
65.1193.50 APPEAL.
65.12Any person aggrieved by any final order, ruling, or decision of the commissioner may
65.13appeal seek judicial review of such order, ruling, or decision in the manner provided in
65.14chapter 14 under sections 14.63 to 14.69.
65.15 Sec. 58. Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read:
65.16 Subd. 9. Approval byattorney general commissioner. No exchange of class A land
65.17shall be consummated unless theattorney general shall have given an opinion in writing
65.18commissioner determines that the title to the land proposed to be conveyed to the state is
65.19good andmarketable, free from all liens and, with all encumbrances identified except
65.20reservations herein authorized. The commissioner may use title insurance to aid in the title
65.21determination. If required by theattorney general commissioner, the landowner shall must
65.22submit an abstract of title and make and file with the commissioner an affidavit as to
65.23possession of the land, improvements, liens, and encumbrances thereon, and other matters
65.24affecting the title.
65.25 Sec. 59. Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read:
65.26 Subd. 9. Approval of county attorney. No exchange of class B land shall be
65.27consummated unless the title to the land proposed to be exchanged thereforshall is first be
65.28approved by the county attorney in like manner as provided for approval by theattorney
65.29general commissioner in case of class A land. The county attorney's opinion on the title
65.30shall be is subject to approval by the attorney general commissioner.
66.1 Sec. 60. Minnesota Statutes 2016, section 97A.015, is amended by adding a subdivision
66.2to read:
66.3 Subd. 35a. Portable shelter. "Portable shelter" means a fish house, dark house, or other
66.4shelter that is set on the ice of state waters to provide shelter and that collapses, folds, or is
66.5disassembled for transportation.
66.6 Sec. 61. Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read:
66.7 Subd. 39. Protected wild animals. "Protected wild animals"are the following wild
66.8animals: means big game, small game, game fish, rough fish, minnows, leeches, alewives,
66.9ciscoes, chubs,and lake whitefish, and the subfamily Coregoninae, rainbow smelt, frogs,
66.10turtles, clams, mussels, wolf, mourning doves, bats, snakes, salamanders, lizards, any animal
66.11species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter
66.126134, and wild animals that are protected by a restriction in the time or manner of taking,
66.13other than a restriction in the use of artificial lights, poison, or motor vehicles.
66.14 Sec. 62. Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read:
66.15 Subd. 43. Rough fish. "Rough fish" means carp, buffalo, sucker, sheepshead, bowfin,
66.16burbot, cisco, gar, goldeye, and bullhead, except for any fish species listed as endangered,
66.17threatened, or of special concern in Minnesota Rules, chapter 6134.
66.18 Sec. 63. Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read:
66.19 Subd. 45. Small game. "Small game" means game birds, gray squirrel, fox squirrel,
66.20cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, short-tailed weasel,
66.21long-tailed weasel, wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar,
66.22wolverine, muskrat, mink, otter, and beaver.
66.23 Sec. 64. Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read:
66.24 Subd. 52. Unprotected birds. "Unprotected birds" means English sparrow,blackbird,
66.25starling,magpie, cormorant, common pigeon, Eurasian collared dove, chukar partridge,
66.26quail other than bobwhite quail, and mute swan.
66.27 Sec. 65. Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read:
66.28 Subd. 53. Unprotected wild animals. "Unprotected wild animals" means wild animals
66.29that are not protected wild animals includingweasel, coyote, plains pocket gopher, porcupine,
67.1striped skunk, and unprotected birds, except any animal species listed as endangered,
67.2threatened, or of special concern in Minnesota Rules, chapter 6134.
67.3 Sec. 66. Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read:
67.4 Subd. 10. Reciprocal agreements on violations. The commissioner, with the approval
67.5of the attorney general, may enter into reciprocal agreements with game and fish authorities
67.6in other states and the United States government to provide for:
67.7(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents
67.8for violations of game and fish laws committed in signatory jurisdictionswhich that result
67.9in license revocation in that jurisdiction;
67.10(2) reporting convictions and license revocations of residents of signatory states for
67.11violations of game and fish laws of Minnesota to game and fish authorities in the
67.12nonresident's state of residence; and
67.13(3) release upon signature without posting of bail for residents of signatory states accused
67.14of game and fish law violations in this state, providing for recovery, in the resident
67.15jurisdiction, of fines levied if the citation is not answered in this state.
67.16As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail.
67.17 Sec. 67. Minnesota Statutes 2016, section 97A.055, subdivision 2, is amended to read:
67.18 Subd. 2. Receipts. The commissioner of management and budget shall credit to the
67.19game and fish fund all money received under the game and fish laws and all income from
67.20state lands acquired by purchase or gift for game or fish purposes, including receipts from:
67.21(1) licenses and permits issued;
67.22(2) fines and forfeited bail;
67.23(3) sales of contraband, wild animals, and other property under the control of the division,
67.24except as provided in section 97A.225, subdivision 8, clause (2);
67.25(4) fees from advanced education courses for hunters and trappers;
67.26(5) reimbursements of expenditures by the division;
67.27(6) contributions to the division; and
67.28(7) revenue credited to the game and fish fund under section297A.94, paragraph (e) ,
67.29clause (1).
68.1 Sec. 68. Minnesota Statutes 2016, section 97A.075, subdivision 1, is amended to read:
68.2 Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this subdivision,
68.3"deer license" means a license issued under section97A.475, subdivisions 2, clauses (5),
68.4(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and
68.58, paragraph (b), and licenses issued under section97B.301, subdivision 4 .
68.6 (b) $2 from each annual deer license and $2 annually from the lifetime fish and wildlife
68.7trust fund, established in section97A.4742 , for each license issued under section
97A.473,
68.8subdivision 4 , shall be credited to the deer management account and is appropriated to the
68.9commissioner for deer habitat improvement or deer management programs.
68.10 (c) $1 from each annual deer license and each bear license and $1 annually from the
68.11lifetime fish and wildlife trust fund, established in section97A.4742 , for each license issued
68.12under section97A.473, subdivision 4 , shall be credited to the deer and bear management
68.13account and is appropriated to the commissioner for deer and bear management programs,
68.14including a computerized licensing system.
68.15 (d) Fifty cents from each deer license is credited to the emergency deer feeding and wild
68.16cervidae health management account and is appropriated for emergency deer feeding and
68.17wild cervidae health management. Money appropriated for emergency deer feeding and
68.18wild cervidae health management is available until expended.
68.19 When the unencumbered balance in the appropriation for emergency deer feeding and
68.20wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
68.21unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
68.22management programs and computerized licensing.
68.23(e) Fifty cents from each annual deer license and 50 cents annually from the lifetime
68.24fish and wildlife trust fund established in section
97A.4742, for each license issued under
68.25section
97A.473, subdivision 4, shall be credited to the wolf management and monitoring
68.26account under subdivision 7.
68.27EFFECTIVE DATE.This section is effective July 1 of the year following the year the
68.28wolf is delisted under the federal Endangered Species Act.
68.29 Sec. 69. Minnesota Statutes 2016, section 97A.137, subdivision 5, is amended to read:
68.30 Subd. 5. Portable stands.Prior to the Saturday on or nearest September 16, A portable
68.31stand may be left overnight in a wildlife management area by a person with a validbear
68.32licensewho is hunting within 100 yards of a bear bait site that is legally tagged and registered
68.33as prescribed under section
97B.425
69.1person leaving a portable stand overnight under this subdivision must affix a tag with: (1)
69.2the person's name and address; (2) the licensee's driver's license number; or (3) the "MDNR#"
69.3license identification number issued to the licensee. The tag must be affixed to the stand in
69.4a manner that it can be read from the ground and be made of a material sufficient to withstand
69.5weather conditions. A person leaving a portable stand overnight in a wildlife management
69.6area may not leave more than two portable stands in any one wildlife management area.
69.7 Sec. 70. Minnesota Statutes 2016, section 97A.201, subdivision 2, is amended to read:
69.8 Subd. 2. Duty ofcounty attorneys and peace officers. County attorneys and All peace
69.9officers must enforce the game and fish laws.
69.10 Sec. 71. Minnesota Statutes 2016, section 97A.201, is amended by adding a subdivision
69.11to read:
69.12 Subd. 3. Prosecuting authority. County attorneys are the primary prosecuting authority
69.13for violations under section 97A.205, clause (5). Prosecution includes associated civil
69.14forfeiture actions provided by law.
69.15 Sec. 72. Minnesota Statutes 2016, section 97A.225, subdivision 8, is amended to read:
69.16 Subd. 8. Proceeds of sale.After determining the expense The proceeds from the sale
69.17after payment of the costs of seizing, towing, keeping, and selling the property, the
69.18commissioner must pay the and satisfying valid liens from the proceeds according to the
69.19court order. The remaining proceeds against the property must be distributed as follows:
69.20(1) 70 percent of the money or proceeds shall be deposited in the state treasury and
69.21credited to the game and fish fund; and
69.22(2) 30 percent of the money or proceeds is considered a cost of forfeiting the property
69.23and must be forwarded to the prosecuting authority that handled the forfeiture for deposit
69.24as a supplement to its operating fund or similar fund for prosecutorial purposes.
69.25 Sec. 73. Minnesota Statutes 2016, section 97A.301, subdivision 1, is amended to read:
69.26 Subdivision 1. Misdemeanor. Unless a different penalty is prescribed, a person is guilty
69.27of a misdemeanor if that person:
69.28(1)takes, buys, sells, transports or possesses a wild animal in violation of violates the
69.29game and fish laws;
69.30(2) aids or assists in committing the violation;
70.1(3) knowingly shares in the proceeds of the violation;
70.2(4) fails to perform a duty or comply with a requirement of the game and fish laws;
70.3(5) knowingly makes a false statement related to an affidavit regarding a violation or
70.4requirement of the game and fish laws; or
70.5(6) violates or attempts to violate a rule under the game and fish laws.
70.6 Sec. 74. Minnesota Statutes 2016, section 97A.338, is amended to read:
70.797A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.
70.8(a) A person who takes, possesses, or transports wild animals over the legal limit, in
70.9closed season, or without a valid license, when the restitution value of the wild animals is
70.10over $1,000 is guilty of a gross overlimit violation. Except as provided in paragraph (b), a
70.11violation under thissection paragraph is a gross misdemeanor.
70.12(b) If a wild animal involved in a gross overlimit violation is listed as a threatened or
70.13endangered wild animal, the penalty in paragraph (a) does not apply unless more than one
70.14animal is taken, possessed, or transported in violation of the game and fish laws.
70.15 Sec. 75. Minnesota Statutes 2016, section 97A.420, subdivision 1, is amended to read:
70.16 Subdivision 1. Seizure. (a) An enforcement officer shall immediately seize the license
70.17of a person who unlawfully takes, transports, or possesses wild animals when the restitution
70.18value of the wild animals exceeds $500. Except as provided in subdivisions 2, 4, and 5, the
70.19person may not use or obtain any license to take the same type of wild animals involved,
70.20including a duplicate license, until an action is taken under subdivision 6. If the license
70.21seized under this paragraph was for a big game animal, the license seizure applies to all
70.22licenses to take big game issued to the individual. If the license seized under this paragraph
70.23was for small game animals, the license seizure applies to all licenses to take small game
70.24issued to the individual.
70.25(b) In addition to the license seizure under paragraph (a), if the restitution value of the
70.26wild animals unlawfully taken, possessed, or transported is$5,000 $1,000 or more, all other
70.27game and fish licenses held by the person shall be immediately seized. Except as provided
70.28in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
70.29including a duplicate license, until an action is taken under subdivision 6.
70.30(c) A person may not take wild animals covered by a license seized under this subdivision
70.31until an action is taken under subdivision 6.
71.1 Sec. 76. Minnesota Statutes 2016, section 97A.421, subdivision 2a, is amended to read:
71.2 Subd. 2a. Issuance after conviction; gross overlimits. (a) A person may not obtain a
71.3license to take a wild animal and is prohibited from taking wild animals for ten years after
71.4the date of conviction of a violation when the restitution value of the wild animals is $2,000
71.5or more.
71.6(b) A person may not obtain a license to take a wild animal and is prohibited from taking
71.7wild animals fora period of five years after the date of conviction of:
71.8(1) a violation when the restitution value of the wild animals is$5,000 $1,000 or more,
71.9but less than $2,000; or
71.10(2) a violation when the restitution value of the wild animals exceeds $500 and the
71.11violation occurs within ten years of one or more previous license revocations under this
71.12subdivision.
71.13(b) (c) A person may not obtain a license to take the type of wild animals involved in a
71.14violation when the restitution value of the wild animals exceeds $500 and is prohibited from
71.15taking the type of wild animals involved in the violation fora period of three years after the
71.16date of conviction of a violation.
71.17(c) (d) The time period of multiple revocations under paragraph (a) or (b), clause (2),
71.18shall be are consecutive and no wild animals of any kind may be taken during the entire
71.19revocation period.
71.20(e) If a wild animal involved in the conviction is listed as a threatened or endangered
71.21wild animal, the revocations under this subdivision do not apply unless more than one animal
71.22is taken, possessed, or transported in violation of the game and fish laws.
71.23(d) (f) The court may not stay or reduce the imposition of license revocation provisions
71.24under this subdivision.
71.25 Sec. 77. Minnesota Statutes 2016, section 97A.441, subdivision 1, is amended to read:
71.26 Subdivision 1. Angling and spearing; disabled residents. (a) A person authorized to
71.27issue licenses must issue, without a fee, licenses to take fish by angling or spearing to a
71.28resident who is:
71.29(1) blind;
71.30(2) a recipient of Supplemental Security Income for the aged, blind, and disabled;
72.1(3) a recipient of Social Security aid to the disabled under United States Code, title 42,
72.2section 416, paragraph (i)(l), or section 423(d);
72.3(4) a recipient of workers' compensation based on a finding of total and permanent
72.4disability;
72.5(5) 65 years of age or older and was qualified under clause (2) or (3) at the age of 64;
72.6or
72.7(6) permanently disabled and meets the disability requirements for Supplemental Security
72.8Income or Social Security aid to the disabled under United States Code, title 42, section
72.9416, paragraph (i)(l), or section 423(d);
72.10(7) receiving aid under the federal Railroad Retirement Act of 1974, United States Code,
72.11title 45, section 231a(a)(1)(v); or
72.12(8) a former employee of the United States Postal Service receiving disability pay under
72.13United States Code, title 5, section 8337.
72.14(b) A driver's license or Minnesota identification card bearing the applicable designation
72.15under section171.07, subdivision 17 , serves as satisfactory evidence to obtain a license
72.16under this subdivision at all agent locations.
72.17 Sec. 78. Minnesota Statutes 2016, section 97B.031, subdivision 6, is amended to read:
72.18 Subd. 6. Scopes; age 60 or over. A person age 60 or over may use a muzzleloader with
72.19a scope to take deer during the muzzleloader season. The scope may have magnification
72.20capabilities.
72.21 Sec. 79. [97B.032] RULES LIMITING USE OF LEAD SHOT PROHIBITED.
72.22The commissioner of natural resources shall not adopt rules further restricting the use
72.23of lead shot.
72.24EFFECTIVE DATE.This section is effective the day following final enactment and
72.25applies to rules adopted on or after that date.
72.26 Sec. 80. Minnesota Statutes 2016, section 97B.071, is amended to read:
72.2797B.071BLAZE ORANGE CLOTHING REQUIREMENTS; BLAZE ORANGE
72.28OR BLAZE PINK.
72.29 (a) Except as provided in rules adopted under paragraph (c), a person may not hunt or
72.30trap during the open season where deer may be taken by firearms under applicable laws and
73.1ordinances, unless the visible portion of the person's cap and outer clothing above the waist,
73.2excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze pink
73.3includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within each
73.4foot square. This section does not apply to migratory-waterfowl hunters on waters of this
73.5state or in a stationary shooting location or to trappers on waters of this state.
73.6 (b) Except as provided in rules adopted under paragraph (c), and in addition to the
73.7requirement in paragraph (a), a person may not take small game other than turkey, migratory
73.8birds, raccoons, and predators, except while trapping, unless a visible portion of at least one
73.9article of the person's clothing above the waist is blaze orange or blaze pink. This paragraph
73.10does not apply to a person when in a stationary location while hunting deer by archery or
73.11when hunting small game by falconry.
73.12 (c) The commissioner may, by rule, prescribe an alternative color in cases where
73.13paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
73.14Law 103-141.
73.15 (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only by
73.16a safety warning.
73.17 Sec. 81. Minnesota Statutes 2016, section 97B.405, is amended to read:
73.1897B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
73.19 (a) The commissioner may limit the number of persons that may hunt bear in an area,
73.20if it is necessary to prevent an overharvest or improve the distribution of hunters. The
73.21commissioner may establish, by rule, a method, including a drawing, to impartially select
73.22the hunters for an area. The commissioner shall give preference to hunters that have
73.23previously applied and have not been selected.
73.24(b) If the commissioner limits the number of persons that may hunt bear in an area under
73.25paragraph (a), the commissioner must reserve one permit and give first preference for that
73.26permit to a resident of a Minnesota veterans home.
73.27(b) (c) A person selected through a drawing must purchase a license by August 1. Any
73.28remaining available licenses not purchased shall be issued to any eligible person as prescribed
73.29by the commissioner on a first-come, first-served basis beginning three business days after
73.30August 1.
73.31 Sec. 82. Minnesota Statutes 2016, section 97B.431, is amended to read:
73.3297B.431 BEAR-HUNTING OUTFITTERS.
74.1 (a) A person may not place bait for bear, or guide hunters to take bear, for compensation
74.2without a bear-hunting-outfitter license. A bear-hunting outfitter is not required to have a
74.3license to take bear unless the outfitter is attempting to shoot a bear. The commissioner
74.4shall adopt rules for qualifications for issuance and administration of the licenses.
74.5 (b) The commissioner shall establish a resident master bear-hunting-outfitter license
74.6under which one person serves as the bear-hunting outfitter and one other person is eligible
74.7to guide and bait bear. Additional persons may be added to the license and are eligible to
74.8guide and bait bear under the license, provided the additional fee under section97A.475,
74.9subdivision 16 , is paid for each person added. The commissioner shall adopt rules for
74.10qualifications for issuance and administration of the licenses. The commissioner must not
74.11require a person to have certification or training in first aid or CPR to be eligible for a license
74.12under this section.
74.13 Sec. 83. Minnesota Statutes 2016, section 97B.516, is amended to read:
74.1497B.516 ELK MANAGEMENT PLAN.
74.15(a) The commissioner of natural resources must adopt an elk management plan that:
74.16(1) recognizes the value and uniqueness of elk;
74.17(2) provides for integrated management of an elk population in harmony with the
74.18environment; and
74.19(3) affords optimum recreational opportunities.
74.20(b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd in
74.21Kittson, Roseau, Marshall, or Beltrami Counties in a manner that would increase the size
74.22of the herd, including adoption or implementation of an elk management plan designed to
74.23increase an elk herd, unless the commissioner of agriculture verifies that crop and fence
74.24damages paid under section3.7371 and attributed to the herd have not increased for at least
74.25two years.
74.26(c) At least 60 days prior to implementing a plan to increase an elk herd, the
74.27commissioners of natural resources and agriculture must hold a joint public meeting in the
74.28county where the elk herd to be increased is located. At the meeting, the commissioners
74.29must present evidence that crop and fence damages have not increased in the prior two years
74.30and must detail the practices that will be used to reduce elk conflicts with area landowners.
75.1 Sec. 84. Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read:
75.2 Subdivision 1. Owners and occupants may take certain animals. A person or the
75.3person's agent may take bats, snakes, salamanders, lizards, weasel, mink, squirrel, rabbit,
75.4hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the
75.5person where the animal is causing damage. The person or the person's agent may take the
75.6animal without a license and in any manner except bypoison, or artificial lights in the closed
75.7season or by poison. Raccoons may be taken under this subdivision with artificial lights
75.8during open season. A personthat or the person's agent who kills mink, raccoon, bobcat,
75.9fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer
75.10or employee of the Fish and Wildlife Division within 24 hours after the animal is killed.
75.11 Sec. 85. Minnesota Statutes 2016, section 97C.315, subdivision 1, is amended to read:
75.12 Subdivision 1. Lines. An angler may not use more than one line except:
75.13(1) two lines may be used to take fish through the ice;and
75.14(2) the commissioner may, by rule, authorize the use of two lines in areas designated by
75.15the commissioner in Lake Superior; and
75.16(3) two lines may be used to take fish during the open-water season, except on waters
75.17during a catch and release season for any species, by a resident or nonresident angler who
75.18purchases a second-line endorsement for $5. Of the amount collected from purchases of
75.19second-line endorsements, 50 percent must be spent on walleye stocking.
75.20EFFECTIVE DATE.This section is effective March 1, 2018.
75.21 Sec. 86. Minnesota Statutes 2016, section 97C.355, subdivision 2a, is amended to read:
75.22 Subd. 2a. Portable shelters. (a) A person using a portable shelter that is not identified
75.23under subdivision 1 may not leave the portable shelter unattended between midnight and
75.24sunrise and must remain within 200 feet of the shelter while the shelter is on the ice of state
75.25waters.
75.26(b) If a person leaves the portable shelter unattended any time between midnight and
75.27one hour before sunrise or is not within 200 feet of the portable shelter, the portable shelter
75.28must be licensed as provided under subdivision 2.
76.1 Sec. 87. Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read:
76.2 Subd. 2. Walleye; northern pike. (a) Except as provided in paragraph (b), A person
76.3may have no more than one walleye larger than 20 inchesand one northern pike larger than
76.430 inches in possession. This subdivision does not apply to boundary waters.
76.5(b) The restrictions in paragraph (a) do not apply to boundary waters.
76.6 Sec. 88. Minnesota Statutes 2016, section 97C.501, subdivision 1, is amended to read:
76.7 Subdivision 1. Minnow retailers. (a) A person may not be a minnow retailer without
76.8a minnow retailer license except as provided in subdivisions 2, paragraph (d), and 3. A
76.9person must purchase a minnow retailer license for each minnow retail outlet operated,
76.10except as provided by subdivision 2, paragraph (d).
76.11(b) A minnow retailer must obtain a minnow retailer's vehicle license for each motor
76.12vehicle used by the minnow retailer to transport more than 12 dozen minnows to the minnow
76.13retailer's place of business, except as provided in subdivision 3. A minnow retailer is not
76.14required to obtain a minnow retailer's vehicle license:
76.15(1) as provided in subdivision 3;
76.16(2) if the minnow retailer is licensed as a resort under section 157.16, is transporting
76.17minnows purchased from a minnow dealer's place of business directly to the resort, possesses
76.18a detailed receipt, including the date and time of purchase, and presents the receipt and
76.19minnows for inspection upon request; or
76.20(3) if minnows are being transported by common carrier and information is provided
76.21that allows the commissioner to find out the location of the shipment in the state.
76.22 Sec. 89. Minnesota Statutes 2016, section 97C.515, subdivision 2, is amended to read:
76.23 Subd. 2. Permit for transportation; importation. (a) A person may transport live
76.24minnows through the state with a permit from the commissioner. The permit must state the
76.25name and address of the person, the number and species of minnows, the point of entry into
76.26the state, the destination, and the route through the state. The permit is not valid for more
76.27than 12 hours after it is issued. A person must not import minnows into the state except as
76.28provided in this section.
76.29(b) Minnows transported under this subdivision must be in a tagged container. The tag
76.30number must correspond with tag numbers listed on the minnow transportation permit.
77.1(c) The commissioner may require the person transporting minnow species found on
77.2the official list of viral hemorrhagic septicemia susceptible species published by the United
77.3States Department of Agriculture, Animal and Plant Health Inspection Services, to provide
77.4health certification for viral hemorrhagic septicemia. The certification must disclose any
77.5incidentally isolated replicating viruses, and must be dated within the 12 months preceding
77.6transport.
77.7(d) Golden shiner minnows may be imported as provided in this subdivision. Golden
77.8shiner minnows that are imported must be certified as healthy according to Arkansas
77.9standards in accordance with the Arkansas baitfish certification program.
77.10(e) Golden shiner minnows must be certified free of viral hemorrhagic septicemia,
77.11infectious hematopoietic necrosis, infectious pancreatic necrosis, spring viremia of carp
77.12virus, fathead minnow nidovirus, heterosporis, aeromonas salmonicida, and yersinia ruckeri.
77.13(f) Golden shiner minnows must originate from a biosecure facility that has tested
77.14negative for invasive species.
77.15(g) Only a person that holds a Minnesota wholesale minnow dealer's license issued under
77.16section 97C.501, subdivision 2, may obtain a permit to import golden shiner minnows.
77.17 Sec. 90. Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision
77.18to read:
77.19 Subd. 7. Harvesting mussel shells. Live mussels may not be harvested. A person
77.20possessing a valid resident or nonresident angling license or a person not required to have
77.21an angling license to take fish may take and possess at any time, for personal use only, not
77.22more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may
77.23be harvested in waters of the state where fish may be taken by angling. Mussel shells must
77.24be harvested by hand-picking only and may not be purchased or sold.
77.25 Sec. 91. Minnesota Statutes 2016, section 103B.101, subdivision 12a, is amended to read:
77.26 Subd. 12a. Authority to issue penalty orders. (a)A county or watershed district with
77.27jurisdiction or The Board of Water and Soil Resources may issue an order requiring violations
77.28of the water resources riparian protection requirements under sections103F.415 ,
103F.421 ,
77.29and103F.48 to be corrected and administratively assessing monetary penalties up to $500
77.30for noncompliance commencing on day one of the 11th month after the noncompliance
77.31notice was issued. The proceeds collected from an administrative penalty order issued under
78.1this section must be remitted tothe county or watershed district with jurisdiction over the
78.2noncompliant site, or otherwise remitted to the Board of Water and Soil Resources.
78.3(b) Before exercising this authority, the Board of Water and Soil Resources must adopt
78.4a plan containing procedures for the issuance of administrative penalty ordersby local
78.5governments and the board as authorized in this subdivision. This plan, and any subsequent
78.6amendments, will become effective 30 days after being published in the State Register. The
78.7initial plan must be published in the State Register no later than July 1, 2017.
78.8(c) Administrative penalties may be reissued and appealed under paragraph (a) according
78.9to section103F.48, subdivision 9 .
78.10 Sec. 92. Minnesota Statutes 2016, section 103F.411, subdivision 1, is amended to read:
78.11 Subdivision 1. Authority. The Board of Water and Soil Resources, in consultation with
78.12counties, soil and water conservation districts, and other appropriate agencies, shall adopt
78.13a model ordinance and rules that serve as a guide for local governments that have adopted
78.14a soil loss ordinance to implement sections103F.401 to
103F.455 and provide administrative
78.15procedures for the board for sections103F.401 to
103F.455 .
78.16 Sec. 93. Minnesota Statutes 2016, section 103F.48, subdivision 1, is amended to read:
78.17 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have
78.18the meanings given them.
78.19(b) "Board" means the Board of Water and Soil Resources.
78.20(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive plants
78.21and noxious weeds, adjacent to all bodies of water within the state and that protects the
78.22water resources of the state from runoff pollution; stabilizes soils, shores, and banks; and
78.23protects or provides riparian corridors.
78.24(d) "Buffer protection map" means buffer maps established and maintained by the
78.25commissioner of natural resources.
78.26(e) "Commissioner" means the commissioner of natural resources.
78.27(f) "Executive director" means the executive director of the Board of Water and Soil
78.28Resources.
78.29(g) "Local water management authority" means a watershed district, metropolitan water
78.30management organization, or county operating separately or jointly in its role as local water
78.31management authority under chapter 103B or 103D.
79.1(h) "Normal water level" means the level evidenced by the long-term presence of surface
79.2water as indicated directly by hydrophytic plants or hydric soils or indirectly determined
79.3via hydrological models or analysis.
79.4(i) "Public waters"has the meaning given in section
103G.005, subdivision 15. The term
79.5means public watersas used in this section applies to waters that are on the public waters
79.6inventory as provided in section103G.201 .
79.7(j) "With jurisdiction" means aboard determination that the county or watershed district
79.8that has adopted a rule, ordinance, or official controls providing procedures forthe issuance
79.9of administrative penalty orders, enforcement, and appeals for purposes of this section and
79.10section
103B.101, subdivision 12a
79.11 Sec. 94. Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:
79.12 Subd. 3. Water resources riparian protection requirements on public waters and
79.13public drainage systems. (a) Except as provided in paragraph (b), landowners owning
79.14property adjacent to a water body identified and mapped on a buffer protection map must
79.15maintain a buffer to protect the state's water resources as follows:
79.16(1) for all public waters that have a shoreland classification, the more restrictive of:
79.17(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially
79.18rooted vegetation; or
79.19(ii) the state shoreland standards and criteria adopted by the commissioner under section
79.20103F.211
; and
79.21(2) for public drainage systems established under chapter 103E and public waters that
79.22do not have a shoreland classification, a 16.5-foot minimum width continuous buffer as
79.23provided in section103E.021, subdivision 1 . The buffer vegetation shall not impede future
79.24maintenance of the ditch.
79.25(b) A landowner owning property adjacent to a water body identified in a buffer protection
79.26map and whose property is used for cultivation farming may meet the requirements under
79.27paragraph (a) by adopting an alternative riparian water quality practice, or combination of
79.28structural, vegetative, and management practices, based on the Natural Resources
79.29Conservation Service Field Office Technical Guide or other practices approved by the local
79.30soil and water conservation district board, that provide water quality protection comparable
79.31to the buffer protection for the water body that the property abuts. Included in these practices
79.32are retention ponds and alternative measures that prevent overland flow to the water resource.
79.33A landowner, authorized agent, or operator may request the soil and water conservation
80.1district to make a determination whether a specific alternative water quality practice would
80.2meet the applicable requirements under this section. If a landowner, authorized agent, or
80.3operator has requested, at least 90 days before the applicable effective date under paragraph
80.4(e), that the soil and water conservation district make a determination, then the landowner
80.5must not be found noncompliant until the soil and water conservation district has notified
80.6the landowner, agent, or operator in writing whether the practice would meet the applicable
80.7requirements.
80.8(c) The width of a buffer on public waters must be measured from the top or crown of
80.9the bank. Where there is no defined bank, measurement must be from the edge of the normal
80.10water level. The width of the buffer on public drainage systems must be measured as provided
80.11in section103E.021, subdivision 1 .
80.12(d) Upon request by a landowner or authorized agent or operator of a landowner, a
80.13technical professional employee or contractor of the soil and water conservation district or
80.14its delegate may issue a validation of compliance with the requirements of this subdivision.
80.15The soil and water conservation district validation may be appealed to the board as described
80.16in subdivision 9.
80.17(e) Buffers or alternative water quality practices required under paragraph (a) or (b)
80.18must be in place on or before:
80.19(1) November 1,2017 2019, for public waters; and
80.20(2) November 1,2018 2020, for public drainage systems.
80.21(f) Nothing in this section limits the eligibility of a landowner or authorized agent or
80.22operator of a landowner to participate in federal or state conservation programs, including
80.23enrolling or reenrolling in federal conservation programs.
80.24(g) After the effective date of this section, a person planting buffers or water quality
80.25protection practices to meet the requirements in paragraph (a) must use only seed mixes
80.26that are certified to be free of Palmer amaranth or other noxious weed seeds. The board, a
80.27county, or a watershed district must not take corrective action under subdivision 7 against
80.28a landowner who does not have seed available to comply with this paragraph.
80.29EFFECTIVE DATE.This section is effective the day following final enactment.
80.30 Sec. 95. Minnesota Statutes 2016, section 103F.48, subdivision 7, is amended to read:
80.31 Subd. 7. Corrective actions. (a) If the soil and water conservation district determines
80.32a landowner is not in compliance with this section, and the landowner has declined state or
81.1federal assistance to pay 100 percent of the cost to establish buffers or other water resource
81.2protection measures approved by the board and annual payments or an easement for the
81.3land, the district must notify the county or watershed district with jurisdiction over the
81.4noncompliant site and the board. The county or watershed district with jurisdiction or the
81.5board must provide the landowner with a list of corrective actions needed to come into
81.6compliance and a practical timeline to meet the requirements in this section. The county or
81.7watershed district with jurisdiction must provide a copy of the corrective action notice to
81.8the board.
81.9(b) A county or watershed district exercising jurisdiction under this subdivisionand the
81.10enforcement authority granted in section
103B.101, subdivision 12a, shall affirm their
81.11jurisdiction and identify the ordinance, rule, or other official controls to carry out the
81.12compliance provisions of this sectionand section
103B.101, subdivision 12a, by notice to
81.13the boardprior to March 31, 2017. A county or watershed district must provide notice to
81.14the board at least 60 days prior to the effective date of a subsequent decision on their
81.15jurisdiction.
81.16(c) If the landowner does not comply with the list of actions and timeline provided, the
81.17county or watershed district may enforce this sectionunder the authority granted in section
81.18103B.101, subdivision 12a
, or by rule of the watershed district or ordinance or other official
81.19control of the county.Before exercising administrative penalty authority, a county or
81.20watershed district must adopt a plan consistent with the plan adopted by the board
containing
81.21procedures for the issuance of administrative penalty orders and may issue orders
beginning
81.22November 1, 2017. If a county or watershed district with jurisdiction over the noncompliant
81.23site has not adopted a plan, rule, ordinance, or official control under this paragraph, the
81.24board must enforce this section under the authority granted in section103B.101, subdivision
81.2512a .
81.26(d) If the county, watershed district, or board determines that sufficient steps have been
81.27taken to fully resolve noncompliance, all or part of the penalty may be forgiven.
81.28(e) An order issued under paragraph (c) may be appealed to the board as provided under
81.29subdivision 9.
81.30(f) A corrective action is not required for conditions resulting from a flood or other act
81.31of nature.
81.32(g) A landowner agent or operator of a landowner may not remove or willfully degrade
81.33a riparian buffer or water quality practice, wholly or partially, unless the agent or operator
81.34has obtained a signed statement from the property owner stating that the permission for the
82.1work has been granted by the unit of government authorized to approve the work in this
82.2section or that a buffer or water quality practice is not required as validated by the soil and
82.3water conservation district. Removal or willful degradation of a riparian buffer or water
82.4quality practice, wholly or partially, by an agent or operator is a separate and independent
82.5offense and may be subject to the corrective actions and penalties in this subdivision.
82.6(h) A county or watershed district or the board shall not enforce this section unless
82.7federal or state assistance is available to the landowner to pay 100 percent of the cost to
82.8establish buffers or other water resource protection measures approved by the board and
82.9annual payments or an easement for the land.
82.10 Sec. 96. Minnesota Statutes 2016, section 103G.005, is amended by adding a subdivision
82.11to read:
82.12 Subd. 8a. Constructed management facilities for storm water. "Constructed
82.13management facilities for storm water" means ponds, basins, holding tanks, cisterns,
82.14infiltration trenches and swales, or other best management practices that have been designed,
82.15constructed, and operated to store or treat storm water in accordance with local, state, or
82.16federal requirements.
82.17 Sec. 97. Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to read:
82.18 Subd. 10b. Greater than 80 percent area. "Greater than 80 percent area" means a
82.19countyor, watershed, or, for purposes of wetland replacement, bank service area where 80
82.20percent or more of the presettlement wetland acreage is intact and:
82.21(1) ten percent or more of the current total land area is wetland; or
82.22(2) 50 percent or more of the current total land area is state or federal land.
82.23 Sec. 98. Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to read:
82.24 Subd. 10h. Less than 50 percent area. "Less than 50 percent area" means a countyor,
82.25watershed, or, for purposes of wetland replacement, bank service area with less than 50
82.26percent of the presettlement wetland acreage intact or any countyor, watershed, or bank
82.27service area not defined as a "greater than 80 percent area" or "50 to 80 percent area."
82.28 Sec. 99. Minnesota Statutes 2016, section 103G.222, subdivision 1, is amended to read:
82.29 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or
82.30partially, unless replaced by actions that provide at least equal public value under a
83.1replacement plan approved as provided in section103G.2242 , a replacement plan under a
83.2local governmental unit's comprehensive wetland protection and management plan approved
83.3by the board under section103G.2243 , or, if a permit to mine is required under section
83.493.481
, under a mining reclamation plan approved by the commissioner under the permit
83.5to mine. Project-specific wetland replacement plans submitted as part of a project for which
83.6a permit to mine is required and approved by the commissioner on or after July 1, 1991,
83.7may include surplus wetland credits to be allocated by the commissioner to offset future
83.8mining-related wetland impacts under any permits to mine held by the permittee, the operator,
83.9the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant to an
83.10assignment under section 93.481, subdivision 5. For project-specific wetland replacement
83.11completed prior to wetland impacts authorized or conducted under a permit to mine within
83.12the Great Lakes and Rainy River watershed basins, those basins shall be considered a single
83.13watershed for purposes of determining wetland replacement ratios. Mining reclamation
83.14plans shall apply the same principles and standards for replacing wetlands that are applicable
83.15to mitigation plans approved as provided in section103G.2242 . The commissioner must
83.16provide notice of an application for wetland replacement under a permit to mine to the
83.17county in which the impact is proposed and the county in which a mitigation site is proposed.
83.18Public value must be determined in accordance with section103B.3355 or a comprehensive
83.19wetland protection and management plan established under section103G.2243 . Sections
83.20103G.221
to
103G.2372 also apply to excavation in permanently and semipermanently
83.21flooded areas of types 3, 4, and 5 wetlands.
83.22 (b) Replacement must be guided by the following principles in descending order of
83.23priority:
83.24 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
83.25the wetland;
83.26 (2) minimizing the impact by limiting the degree or magnitude of the wetland activity
83.27and its implementation;
83.28 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland
83.29environment;
83.30 (4) reducing or eliminating the impact over time by preservation and maintenance
83.31operations during the life of the activity;
83.32 (5) compensating for the impact by restoring a wetland; and
83.33 (6) compensating for the impact by replacing or providing substitute wetland resources
83.34or environments.
84.1 For a project involving the draining or filling of wetlands in an amount not exceeding
84.210,000 square feet more than the applicable amount in section103G.2241, subdivision 9 ,
84.3paragraph (a), the local government unit may make an on-site sequencing determination
84.4without a written alternatives analysis from the applicant.
84.5 (c) If a wetland is located in a cultivated field, then replacement must be accomplished
84.6through restoration only without regard to the priority order in paragraph (b), provided that
84.7the altered wetland is not converted to a nonagricultural use for at least ten years.
84.8 (d) If a wetland is replaced under paragraph (c), or drained under section103G.2241,
84.9subdivision 2 , paragraph (b) or (e), the local government unit may require a deed restriction
84.10that prohibits nonagricultural use for at least ten years. The local government unit may
84.11require the deed restriction if it determines the wetland area drained is at risk of conversion
84.12to a nonagricultural use within ten years based on the zoning classification, proximity to a
84.13municipality or full service road, or other criteria as determined by the local government
84.14unit.
84.15 (e) Restoration and replacement of wetlands must be accomplished in accordance with
84.16the ecology of the landscape area affected and ponds that are created primarily to fulfill
84.17storm water management, and water quality treatment requirements may not be used to
84.18satisfy replacement requirements under this chapter unless the design includes pretreatment
84.19of runoff and the pond is functioning as a wetland.
84.20 (f) Except as provided in paragraph (g), for a wetland or public waters wetland located
84.21on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland
84.22for each acre of drained or filled wetland.
84.23 (g) For a wetland or public waters wetland located on agricultural land or in a greater
84.24than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for
84.25each acre of drained or filled wetland.
84.26 (h) Wetlands that are restored or created as a result of an approved replacement plan are
84.27subject to the provisions of this section for any subsequent drainage or filling.
84.28 (i) Except in a greater than 80 percent area, only wetlands that have been restored from
84.29previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
84.30wetlands created by dikes or dams along public or private drainage ditches, or wetlands
84.31created by dikes or dams associated with the restoration of previously drained or filled
84.32wetlands may be used for wetland replacement according to rules adopted under section
84.33103G.2242, subdivision 1
. Modification or conversion of nondegraded naturally occurring
84.34wetlands from one type to another are not eligible for wetland replacement.
85.1 (j) The Technical Evaluation Panel established under section103G.2242, subdivision
85.22 , shall ensure that sufficient time has occurred for the wetland to develop wetland
85.3characteristics of soils, vegetation, and hydrology before recommending that the wetland
85.4be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
85.5to believe that the wetland characteristics may change substantially, the panel shall postpone
85.6its recommendation until the wetland has stabilized.
85.7 (k) This section and sections103G.223 to
103G.2242 ,
103G.2364 , and
103G.2365 apply
85.8to the state and its departments and agencies.
85.9 (l) For projects involving draining or filling of wetlands associated with a new public
85.10transportation project, and for projects expanded solely for additional traffic capacity, public
85.11transportation authorities may purchase credits from the board at the cost to the board to
85.12establish credits. Proceeds from the sale of credits provided under this paragraph are
85.13appropriated to the board for the purposes of this paragraph. For the purposes of this
85.14paragraph, "transportation project" does not include an airport project.
85.15 (m) A replacement plan for wetlands is not required for individual projects that result
85.16in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or
85.17replacement of a currently serviceable existing state, city, county, or town public road
85.18necessary, as determined by the public transportation authority, to meet state or federal
85.19design or safety standards or requirements, excluding new roads or roads expanded solely
85.20for additional traffic capacity lanes. This paragraph only applies to authorities for public
85.21transportation projects that:
85.22 (1) minimize the amount of wetland filling or draining associated with the project and
85.23consider mitigating important site-specific wetland functions on site;
85.24 (2) except as provided in clause (3), submit project-specific reports to the board, the
85.25Technical Evaluation Panel, the commissioner of natural resources, and members of the
85.26public requesting a copy at least 30 days prior to construction that indicate the location,
85.27amount, and type of wetlands to be filled or drained by the project or, alternatively, convene
85.28an annual meeting of the parties required to receive notice to review projects to be
85.29commenced during the upcoming year; and
85.30 (3) for minor and emergency maintenance work impacting less than 10,000 square feet,
85.31submit project-specific reports, within 30 days of commencing the activity, to the board
85.32that indicate the location, amount, and type of wetlands that have been filled or drained.
85.33 Those required to receive notice of public transportation projects may appeal
85.34minimization, delineation, and on-site mitigation decisions made by the public transportation
86.1authority to the board according to the provisions of section103G.2242, subdivision 9 . The
86.2Technical Evaluation Panel shall review minimization and delineation decisions made by
86.3the public transportation authority and provide recommendations regarding on-site mitigation
86.4if requested to do so by the local government unit, a contiguous landowner, or a member
86.5of the Technical Evaluation Panel.
86.6 Except for state public transportation projects, for which the state Department of
86.7Transportation is responsible, the board must replace the wetlands, and wetland areas of
86.8public waters if authorized by the commissioner or a delegated authority, drained or filled
86.9by public transportation projects on existing roads.
86.10 Public transportation authorities at their discretion may deviate from federal and state
86.11design standards on existing road projects when practical and reasonable to avoid wetland
86.12filling or draining, provided that public safety is not unreasonably compromised. The local
86.13road authority and its officers and employees are exempt from liability for any tort claim
86.14for injury to persons or property arising from travel on the highway and related to the
86.15deviation from the design standards for construction or reconstruction under this paragraph.
86.16This paragraph does not preclude an action for damages arising from negligence in
86.17construction or maintenance on a highway.
86.18 (n) If a landowner seeks approval of a replacement plan after the proposed project has
86.19already affected the wetland, the local government unit may require the landowner to replace
86.20the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required.
86.21 (o) A local government unit may request the board to reclassify a county or watershed
86.22on the basis of its percentage of presettlement wetlands remaining. After receipt of
86.23satisfactory documentation from the local government, the board shall change the
86.24classification of a county or watershed. If requested by the local government unit, the board
86.25must assist in developing the documentation. Within 30 days of its action to approve a
86.26change of wetland classifications, the board shall publish a notice of the change in the
86.27Environmental Quality Board Monitor.
86.28 (p) One hundred citizens who reside within the jurisdiction of the local government unit
86.29may request the local government unit to reclassify a county or watershed on the basis of
86.30its percentage of presettlement wetlands remaining. In support of their petition, the citizens
86.31shall provide satisfactory documentation to the local government unit. The local government
86.32unit shall consider the petition and forward the request to the board under paragraph (o) or
86.33provide a reason why the petition is denied.
86.34EFFECTIVE DATE.This section is effective retroactively from July 1, 1991.
87.1 Sec. 100. Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:
87.2 Subd. 3. Wetland replacement siting. (a)Impacted wetlands in a 50 to Impacted
87.3wetlands outside of a greater than 80 percent area must not be replaced in a50 to greater
87.4than 80 percent areaor in a less than 50 percent area. Impacted wetlands in a less than 50
87.5percent area must be replaced in a less than 50 percent area. All wetland replacement must
87.6follow this priority order:
87.7 (1)on site or in the same minor watershed as the impacted wetland;
87.8 (2) in the same watershed as the impacted wetland;
87.9 (3) in the samecounty or wetland bank service area as the impacted wetland; and
87.10 (4) in another wetland bank service area.
87.11(b) Notwithstanding paragraph (a), wetland banking credits approved according to a
87.12complete wetland banking application submitted to a local government unit by April 1,
87.131996, may be used to replace wetland impacts resulting from public transportation projects
87.14statewide.
87.15 (c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement
87.16by wetland banking begins at paragraph (a), clause (3), according to rules adopted under
87.17section103G.2242, subdivision 1 .
87.18 (d) When reasonable, practicable, and environmentally beneficial replacement
87.19opportunities are not available in siting priorities listed in paragraph (a), the applicant may
87.20seek opportunities at the next level.
87.21 (e) For the purposes of this section, "reasonable, practicable, and environmentally
87.22beneficial replacement opportunities" are defined as opportunities that:
87.23 (1) take advantage of naturally occurring hydrogeomorphological conditions and require
87.24minimal landscape alteration;
87.25 (2) have a high likelihood of becoming a functional wetland that will continue in
87.26perpetuity;
87.27 (3) do not adversely affect other habitat types or ecological communities that are
87.28important in maintaining the overall biological diversity of the area; and
87.29 (4) are available and capable of being done after taking into consideration cost, existing
87.30technology, and logistics consistent with overall project purposes.
88.1 (f) Regulatory agencies, local government units, and other entities involved in wetland
88.2restoration shall collaborate to identify potential replacement opportunities within their
88.3jurisdictional areas.
88.4 (g) The board must establish wetland replacement ratios and wetland bank service area
88.5priorities to implement the siting and targeting of wetland replacement and encourage the
88.6use of high priority areas for wetland replacement.
88.7(h) Wetland replacement sites identified in accordance with the priority order for
88.8replacement siting in paragraph (a) as part of the completion of an adequate environmental
88.9impact statement may be approved for a replacement plan under section 93.481, 103G.2242,
88.10or 103G.2243 without further modification related to the priority order, notwithstanding
88.11availability of new mitigation sites or availability of credits after completion of an adequate
88.12environmental impact statement. Wetland replacement plan applications must be submitted
88.13within one year of the adequacy determination of the environmental impact statement to be
88.14eligible for approval under this paragraph.
88.15 Sec. 101. Minnesota Statutes 2016, section 103G.223, is amended to read:
88.16103G.223 CALCAREOUS FENS.
88.17(a) Calcareous fens, as identified by the commissioner by written order published in the
88.18State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by
88.19any activity, unless the commissioner, under an approved management plan, decides some
88.20alteration is necessary. Identifications made by the commissioner are not subject to the
88.21rulemaking provisions of chapter 14 and section14.386 does not apply.
88.22(b) Notwithstanding paragraph (a), the commissioner must allow temporary reductions
88.23in groundwater resources on a seasonal basis under an approved management plan for
88.24appropriating water.
88.25 Sec. 102. Minnesota Statutes 2016, section 103G.2242, subdivision 1, is amended to read:
88.26 Subdivision 1. Rules. (a) The board, in consultation with the commissioner, shall adopt
88.27rules governing the approval of wetland value replacement plans under this section and
88.28public-waters-work permits affecting public waters wetlands under section103G.245 . These
88.29rules must address the criteria, procedure, timing, and location of acceptable replacement
88.30of wetland values and may address the state establishment and administration of a wetland
88.31banking program for public and private projects, including provisions for an in-lieu fee
88.32program; the administrative, monitoring, and enforcement procedures to be used; and a
89.1procedure for the review and appeal of decisions under this section. In the case of peatlands,
89.2the replacement plan rules must consider the impact on carbon. Any in-lieu fee program
89.3established by the board must conform with Code of Federal Regulations, title 33, section
89.4332.8, as amended.
89.5(b) After the adoption of the rules, a replacement plan must be approved by a resolution
89.6of the governing body of the local government unit, consistent with the provisions of the
89.7rules or a comprehensive wetland protection and management plan approved under section
89.8103G.2243
.
89.9(c) If the local government unit fails to apply the rules, or fails to implement a local
89.10comprehensive wetland protection and management plan established under section
89.11103G.2243
, the government unit is subject to penalty as determined by the board.
89.12(d) When making a determination under rules adopted pursuant to this subdivision on
89.13whether a rare natural community will be permanently adversely affected, consideration of
89.14measures to mitigate any adverse effect on the community must be considered.
89.15 Sec. 103. Minnesota Statutes 2016, section 103G.2242, subdivision 2, is amended to read:
89.16 Subd. 2. Evaluation. (a) Questions concerning the public value, location, size, or type
89.17of a wetland shall be submitted to and determined by a Technical Evaluation Panel after an
89.18on-site inspection. The Technical Evaluation Panel shall be composed of a technical
89.19professional employee of the board, a technical professional employee of the local soil and
89.20water conservation district or districts, a technical professional with expertise in water
89.21resources management appointed by the local government unit, and a technical professional
89.22employee of the Department of Natural Resources for projects affecting public waters or
89.23wetlands adjacent to public waters. The panel shall use the "United States Army Corps of
89.24Engineers Wetland Delineation Manual" (January 1987), including updates, supplementary
89.25guidance, and replacements, if any, "Wetlands of the United States" (United States Fish and
89.26Wildlife Service Circular 39, 1971 edition), and "Classification of Wetlands and Deepwater
89.27Habitats of the United States" (1979 edition). The panel shall provide the wetland
89.28determination and recommendations on other technical matters to the local government unit
89.29that must approve a replacement plan, sequencing, exemption determination, no-loss
89.30determination, or wetland boundary or type determination and may recommend approval
89.31or denial of the plan. The authority must consider and include the decision of the Technical
89.32Evaluation Panel in their approval or denial of a plan or determination.
89.33(b) A member of the Technical Evaluation Panel that has a financial interest in a wetland
89.34bank or management responsibility to sell or make recommendations in their official capacity
90.1to sell credits from a publicly owned wetland bank must disclose that interest, in writing,
90.2to the Technical Evaluation Panel and the local government unit.
90.3(b) (c) Persons conducting wetland or public waters boundary delineations or type
90.4determinations are exempt from the requirements of chapter 326. The board may develop
90.5a professional wetland delineator certification program.
90.6(c) (d) The board must establish an interagency team to assist in identifying and evaluating
90.7potential wetland replacement sites. The team must consist of members of the Technical
90.8Evaluation Panel and representatives from the Department of Natural Resources; the Pollution
90.9Control Agency; the United States Army Corps of Engineers, St. Paul district; and other
90.10organizations as determined by the board.
90.11 Sec. 104. Minnesota Statutes 2016, section 103G.2372, subdivision 1, is amended to read:
90.12 Subdivision 1. Authority; orders. (a) The commissioner of natural resources,
90.13conservation officers, and peace officers shall enforce laws preserving and protecting
90.14groundwater quantity, wetlands, and public waters. The commissioner of natural resources,
90.15a conservation officer, or a peace officer may issue a cease and desist order to stop any
90.16illegal activity adversely affecting groundwater quantity, a wetland, or public waters.
90.17(b) In the order, or by separate order, the commissioner, conservation officer, or peace
90.18officer may require restoration or replacement of the wetland or public waters, as determined
90.19by the local soil and water conservation district for wetlands and the commissioner of natural
90.20resources for public waters. Restoration or replacement orders may be recorded or filed in
90.21the office of the county recorder or registrar of titles, as appropriate, in the county where
90.22the real property is located by the commissioner of natural resources, conservation officers,
90.23or peace officers as a deed restriction on the property that runs with the land and is binding
90.24on the owners, successors, and assigns until the conditions of the order are met or the order
90.25is rescinded. Notwithstanding section386.77 , the agency shall pay the applicable filing fee
90.26for any document filed under this section.
90.27(c) If a court has ruled that there has not been a violation of the restoration or replacement
90.28order, an order may not be recorded or filed under this section.
90.29(d) If an order was recorded before a court finding that there has not been a violation or
90.30an order was filed before the effective date of this section and the deed restriction would
90.31have been in violation of paragraph (c), the commissioner must remove the deed restriction
90.32if the owner of the property requests the commissioner to remove it. Within 30 days of
90.33receiving the request for removal from the owner, the commissioner must contact, in writing,
91.1the office of the county recorder or registrar of titles where the order is recorded or filed,
91.2along with all applicable fees, and have the order removed. Within 30 days of receiving
91.3notification from the office of the county recorder or registrar of titles that the order has
91.4been removed, the commissioner must inform the owner that the order has been removed
91.5and provide the owner with a copy of any documentation provided by the office of the
91.6county recorder or registrar of titles.
91.7EFFECTIVE DATE.This section is effective the day following final enactment.
91.8 Sec. 105. Minnesota Statutes 2016, section 103G.271, subdivision 1, is amended to read:
91.9 Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state, a
91.10person, partnership, or association, private or public corporation, county, municipality, or
91.11other political subdivision of the state may not appropriate or use waters of the state without
91.12a water-use permit from the commissioner.
91.13(b) This section does not apply to the following water uses:
91.14(1) use for a water supply by less than 25 persons for domestic purposes, except as
91.15required by the commissioner under section103G.287 , subdivision 4, paragraph (b).;
91.16(2) nonconsumptive diversion of a surface water of the state from its natural channel for
91.17the production of hydroelectric or hydromechanical power at structures that were in existence
91.18on and before July 1, 1937, including repowering, upgrades, or additions to those facilities;
91.19or
91.20(3) appropriation or use of storm water collected and used to reduce storm-water runoff
91.21volume, treat storm water, or sustain groundwater supplies when water is extracted from
91.22constructed management facilities for storm water.
91.23(c) The commissioner may issue a state general permit for appropriation of water to a
91.24governmental subdivision or to the general public. The general permit may authorize more
91.25than one project and the appropriation or use of more than one source of water. Water-use
91.26permit processing fees and reports required under subdivision 6 and section103G.281,
91.27subdivision 3 , are required for each project or water source that is included under a general
91.28permit, except that no fee is required for uses totaling less than 15,000,000 gallons annually.
91.29 Sec. 106. Minnesota Statutes 2016, section 103G.271, subdivision 6, is amended to read:
91.30 Subd. 6. Water-use permit processing fee. (a) Except as described in paragraphs (b)
91.31to (g), a water-use permit processing fee must be prescribed by the commissioner in
91.32accordance with the schedule of fees in this subdivision for each water-use permit in force
92.1at any time during the year. Fees collected under this paragraph are credited to the water
92.2management account in the natural resources fund. The schedule is as follows, with the
92.3stated fee in each clause applied to the total amount appropriated:
92.4 (1) $140 for amounts not exceeding 50,000,000 gallons per year;
92.5 (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
92.6than 100,000,000 gallons per year;
92.7 (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less than
92.8150,000,000 gallons per year;
92.9 (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less
92.10than 200,000,000 gallons per year;
92.11 (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less than
92.12250,000,000 gallons per year;
92.13 (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less
92.14than 300,000,000 gallons per year;
92.15 (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less than
92.16350,000,000 gallons per year;
92.17 (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less
92.18than 400,000,000 gallons per year;
92.19 (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less than
92.20450,000,000 gallons per year;
92.21 (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less
92.22than 500,000,000 gallons per year; and
92.23 (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
92.24 (b) For once-through cooling systems, a water-use processing fee must be prescribed
92.25by the commissioner in accordance with the following schedule of fees for each water-use
92.26permit in force at any time during the year:
92.27 (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
92.28 (2) for all other users, $420 per 1,000,000 gallons.
92.29 (c) The fee is payable based on the amount of water appropriated during the year and,
92.30except as provided in paragraph (f), the minimum fee is $100.
92.31 (d) For water-use processing fees other than once-through cooling systems:
93.1 (1) the fee for a city of the first class may not exceed $250,000 per year;
93.2 (2) the fee for other entities for any permitted use may not exceed:
93.3 (i) $60,000 per year for an entity holding three or fewer permits;
93.4 (ii) $90,000 per year for an entity holding four or five permits; or
93.5 (iii) $300,000 per year for an entity holding more than five permits;
93.6 (3) the fee for agricultural irrigation may not exceed $750 per year;
93.7 (4) the fee for a municipality that furnishes electric service and cogenerates steam for
93.8home heating may not exceed $10,000 for its permit for water use related to the cogeneration
93.9of electricity and steam;and
93.10(5) the fee for a facility that temporarily diverts a water of the state from its natural
93.11channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per
93.12year. A permit for such a facility does not count toward the number of permits held by an
93.13entity as described in paragraph (d); and
93.14(5) (6) no fee is required for a project involving the appropriation of surface water to
93.15prevent flood damage or to remove flood waters during a period of flooding, as determined
93.16by the commissioner.
93.17 (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten
93.18percent per month calculated from the original due date must be imposed on the unpaid
93.19balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
93.20may not be imposed on an agency, as defined in section16B.01, subdivision 2 , or federal
93.21governmental agency holding a water appropriation permit.
93.22 (f) The minimum water-use processing fee for a permit issued for irrigation of agricultural
93.23land is $20 for years in which:
93.24 (1) there is no appropriation of water under the permit; or
93.25 (2) the permit is suspended for more than seven consecutive days between May 1 and
93.26October 1.
93.27(g) The commissioner shall waive the water-use permit fee for installations and projects
93.28that use storm water runoff or where public entities are diverting water to treat a water
93.29quality issue and returning the water to its source without using the water for any other
93.30purpose, unless the commissioner determines that the proposed use adversely affects surface
93.31water or groundwater.
94.1 (h) A surcharge of $30 per million gallons in addition to the fee prescribed in paragraph
94.2(a) shall be applied to the volume of water used in each of the months of June, July, and
94.3August that exceeds the volume of water used in January for municipal water use, irrigation
94.4of golf courses, and landscape irrigation. The surcharge for municipalities with more than
94.5one permit shall be determined based on the total appropriations from all permits that supply
94.6a common distribution system.
94.7 Sec. 107. Minnesota Statutes 2016, section 103G.271, subdivision 6a, is amended to read:
94.8 Subd. 6a. Fees for past unpermitted appropriations. An entity that appropriates water
94.9without a required permit under subdivision 1 must pay the applicable water-use permit
94.10processing fee specified in subdivision 6 for the period during which the unpermitted
94.11appropriation occurred. The fees for unpermitted appropriations are required for the previous
94.12seven calendar years after being notified of the need for a permit. This fee is in addition to
94.13any other fee or penalty assessed. The commissioner may waive payment of fees for past
94.14unpermitted appropriations for a residential system permitted under subdivision 5, paragraph
94.15(b), or for a hydroelectric or hydromechanical facility that temporarily diverts a water of
94.16the state from its natural channel.
94.17 Sec. 108. Minnesota Statutes 2016, section 103G.271, subdivision 7, is amended to read:
94.18 Subd. 7. Transfer of permit. A water-use permit may be transferred to a successive
94.19owner of real property if the permittee conveys the real property where the source of water
94.20is located. The new owner must notify the commissioner immediately after the conveyance
94.21and request transfer of the permit. If notified, the commissioner must transfer the permit to
94.22the successive owner.
94.23 Sec. 109. Minnesota Statutes 2016, section 103G.271, is amended by adding a subdivision
94.24to read:
94.25 Subd. 8. Management plans; economic impacts. Before requiring a change to a
94.26management plan for appropriating water, the commissioner must provide estimates of the
94.27economic impact of any new restriction or policy on existing and future groundwater users
94.28in the affected area.
95.1 Sec. 110. Minnesota Statutes 2016, section 103G.287, subdivision 1, is amended to read:
95.2 Subdivision 1. Applications for groundwater appropriations; preliminary well
95.3construction approval. (a) Groundwater use permit applications are not complete until the
95.4applicant has supplied:
95.5(1) a water well record as required by section103I.205 , subdivision 9, information on
95.6the subsurface geologic formations penetrated by the well and the formation or aquifer that
95.7will serve as the water source, and geologic information from test holes drilled to locate the
95.8site of the production well;
95.9(2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested;
95.10(3) information on groundwater quality in terms of the measures of quality commonly
95.11specified for the proposed water use and details on water treatment necessary for the proposed
95.12use;
95.13(4) the results of an aquifer test completed according to specifications approved by the
95.14commissioner. The test must be conducted at the maximum pumping rate requested in the
95.15application and for a length of time adequate to assess or predict impacts to other wells and
95.16surface water and groundwater resources. The permit applicant is responsible for all costs
95.17related to the aquifer test, including the construction of groundwater and surface water
95.18monitoring installations, and water level readings before, during, and after the aquifer test;
95.19and
95.20(5) the results of any assessments conducted by the commissioner under paragraph (c).
95.21(b) The commissioner may waive an application requirement in this subdivision if the
95.22information provided with the application is adequate to determine whether the proposed
95.23appropriation and use of water is sustainable and will protect ecosystems, water quality,
95.24and the ability of future generations to meet their own needs.
95.25(c) The commissioner shall provide an assessment of a proposed well needing a
95.26groundwater appropriation permit. The commissioner shall evaluate the information submitted
95.27as required under section103I.205, subdivision 1 , paragraph (f), and determine whether the
95.28anticipated appropriation request is likely to meet the applicable requirements of this chapter.
95.29If the appropriation request is likely to meet applicable requirements, the commissioner
95.30shall provide the person submitting the information with a letter providing preliminary
95.31approval to construct the well and the requirements, including test-well information, that
95.32will be needed to obtain the permit.
96.1(d) The commissioner must provide an applicant denied a groundwater use permit or
96.2issued a groundwater use permit that is reduced or restricted from the original request with
96.3all information the commissioner used in making the determination, including hydrographs,
96.4flow tests, aquifer tests, topographic maps, field reports, photographs, and proof of equipment
96.5calibration.
96.6 Sec. 111. Minnesota Statutes 2016, section 103G.287, subdivision 4, is amended to read:
96.7 Subd. 4. Groundwater management areas. (a) The commissioner may designate
96.8groundwater management areas and limit total annual water appropriations and uses within
96.9a designated area to ensure sustainable use of groundwater that protects ecosystems, water
96.10quality, and the ability of future generations to meet their own needs. Water appropriations
96.11and uses within a designated management area must be consistent with a groundwater
96.12management area plan approved by the commissioner that addresses water conservation
96.13requirements and water allocation priorities established in section103G.261 . At least 30
96.14days prior to implementing or modifying a groundwater management area plan under this
96.15subdivision, the commissioner shall consult with the advisory team established in paragraph
96.16(c).
96.17(b) Notwithstanding section103G.271, subdivision 1 , paragraph (b), and Minnesota
96.18Rules, within designated groundwater management areas, the commissioner may require
96.19general permits as specified in section103G.271, subdivision 1 , paragraph (c), for water
96.20users using less than 10,000 gallons per day or 1,000,000 gallons per year and water suppliers
96.21serving less than 25 persons for domestic purposes. The commissioner may waive the
96.22requirements under section103G.281 for general permits issued under this paragraph, and
96.23the fee specified in section103G.301, subdivision 2 , paragraph (c), does not apply to general
96.24permits issued under this paragraph.
96.25(c) When designating a groundwater management area, the commissioner shall assemble
96.26an advisory team to assist in developing a groundwater management area plan for the area.
96.27The advisory team members shall be selected from public and private entities that have an
96.28interest in the water resources affected by the groundwater management area. A majority
96.29of the advisory team members shall be public and private entities that currently hold water-use
96.30permits for water appropriations from the affected water resources. The commissioner shall
96.31consult with the League of Minnesota Cities, the Association of Minnesota Counties, the
96.32Minnesota Association of Watershed Districts, and the Minnesota Association of Townships
96.33in appointing the local government representatives to the advisory team. The advisory team
96.34may also include representatives from the University of Minnesota, the Minnesota State
97.1Colleges and Universities, other institutions of higher learning in Minnesota, political
97.2subdivisions with jurisdiction over water issues, nonprofits with expertise in water, and
97.3federal agencies.
97.4(d) Before making a change under a groundwater management area plan, the
97.5commissioner must provide estimates of the economic effect of any new restriction or policy
97.6on existing and future groundwater users in the affected area.
97.7 Sec. 112. Minnesota Statutes 2016, section 103G.411, is amended to read:
97.8103G.411 STIPULATION OF LOW-WATER MARK.
97.9If the state is a party in a civil action relating to the navigability or ownership of the bed
97.10of a body of water, river, or stream, the commissioner, in behalf of the state,with the approval
97.11of the attorney general, may agree by written stipulation with a riparian owner who is a
97.12party to the action on the location of the ordinary low-water mark on the riparian land of
97.13the party. After the stipulation is executed by all parties, it must be presented to the judge
97.14of the district court where the action is pending for approval. If the stipulation is approved,
97.15the judge shall make and enter an order providing that the final judgment when entered shall
97.16conform to the location of the ordinary, low-water mark as provided for in the stipulation
97.17as it relates to the parties to the stipulation.
97.18 Sec. 113. Minnesota Statutes 2016, section 114D.25, is amended by adding a subdivision
97.19to read:
97.20 Subd. 6. Impaired waters list; public notice and process. The commissioner of the
97.21Pollution Control Agency must allow at least 60 days for public comment after publishing
97.22the draft impaired waters list required under the federal Clean Water Act. A person may
97.23petition the agency to hold a contested case hearing on the draft impaired waters list. A
97.24valid basis for challenging an impairment determination includes, but is not limited to,
97.25agency reliance on data that do not reflect recent significant infrastructure investments and
97.26documented pollutant reductions.
97.27 Sec. 114. [115.051] REVIEW OF PROPOSED ACTIONS OF THE POLLUTION
97.28CONTROL AGENCY.
97.29 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
97.30(b) "Local government unit" means a statutory or home rule charter city, county, local
97.31public utilities commission, sanitary district, or an organization formed for the joint exercise
97.32of powers under section 471.59.
98.1(c) "Proposed action" means an action that is all of the following:
98.2(1) being considered by the commissioner of the Pollution Control Agency or has been
98.3undertaken by the commissioner but is not yet final;
98.4(2) would, once final, constitute one of the following:
98.5(i) the issuance, amendment, modification, or denial of a water quality standard under
98.6section 115.44, a water-related permit, a total maximum daily load (TMDL) study, or a
98.7watershed restoration and protection strategy (WRAPS); or
98.8(ii) another action or decision undertaken pursuant to the commissioner's authority under
98.9this chapter or chapter 114D that is or would be eligible for a contested case hearing under
98.10chapter 14 or that would constitute rulemaking under that chapter.
98.11(d) "Requisite number" means five or more if the proposed action is rulemaking under
98.12chapter 14. The term means one or more if the proposed action is one that is or would be
98.13eligible for a contested case hearing under chapter 14.
98.14(e) "Review petition" means a written petition of a local government unit adopted by
98.15resolution of the applicable governing body that describes the need for review by an expert
98.16review panel of the scientific basis of a proposed action that potentially affects the petitioner.
98.17(f) "Review proceeding" means a proceeding under chapter 14 of the Office of
98.18Administrative Hearings to review a proposed action.
98.19 Subd. 2. Office of Administrative Hearings review of scientific basis for proposed
98.20action. In any review proceeding, the administrative law judge must examine the
98.21administrative record and, without deference to the commissioner, independently determine
98.22from the record whether:
98.23(1) the proposed action is based on reliable scientific data and analyses, as confirmed
98.24by publicly available peer-reviewed literature;
98.25(2) every test, measurement, or model the commissioner relied on in support of the
98.26proposed action was used by the commissioner for the purpose for which the test,
98.27measurement, or model was designed, consistent with generally accepted and peer-reviewed
98.28scientific practice;
98.29(3) the proposed action is consistent with the findings of any applicable external peer
98.30review panel the commissioner convened under section 115.035; and
98.31(4) the proposed action is based on a demonstrated, significant causal relationship between
98.32the parameters of concern and the water-quality objective at issue, not the correlation alone.
99.1When a causal relationship may be confounded by other factors, the reviewing authority
99.2must determine whether the relevance and effect of those factors were assessed to ensure
99.3the predicted causal relationship is valid.
99.4 Subd. 3. Effect of Office of Administrative Hearings finding of inadequate basis for
99.5proposed action. If an administrative law judge determines that any of the conditions set
99.6forth in subdivision 2, clauses (1) to (4), are not satisfied, then:
99.7(1) if the proposed action was a proposed rule, the administrative law judge must find
99.8that the need for or reasonableness of the rule has not been established pursuant to section
99.914.14, subdivision 2; and
99.10(2) if the proposed action was before the Office of Administrative Hearings as part of a
99.11contested case hearing, the administrative law judge must include this finding in the report
99.12required by sections 14.48 to 14.56, which shall constitute the final decision in the case.
99.13 Subd. 4. When independent expert review panel required; composition. The Office
99.14of Administrative Hearings must convene an expert review panel to review the scientific
99.15basis of a proposed action when it receives the requisite number of review petitions and
99.16finds, based on its independent review of the petitions, that the petitions demonstrate the
99.17existence of a material scientific dispute regarding the scientific validity of the commissioner's
99.18proposed action. The Office of Administrative Hearings shall issue an order granting or
99.19denying a petition within 30 days of its receipt of the petition. A review panel must consist
99.20of three independent experts with qualifications in the subject matter of the scientific dispute
99.21who are employed neither by the Pollution Control Agency nor by a petitioner to the
99.22proceeding and who are not directly or indirectly involved with the work conducted or
99.23contracted by the agency. The composition of the panel must be determined as follows:
99.24(1) the commissioner of the Pollution Control Agency must select one expert satisfying
99.25the requirements of this subdivision;
99.26(2) the petitioners must jointly select one expert satisfying the requirements of this
99.27subdivision; and
99.28(3) the two experts selected under clauses (1) and (2) must mutually agree to a third
99.29expert satisfying the requirements of this subdivision. If the two experts are unable to agree
99.30on a third expert, the Office of Administrative Hearings must make the appointment.
99.31 Subd. 5. Conduct of independent expert review panel. Upon granting a petition for
99.32independent expert review, the Office of Administrative Hearings must, as soon as practicable
99.33thereafter, issue an order establishing the independent expert review panel, identifying the
100.1independent experts selected pursuant to subdivision 4. This order must include a statement
100.2of the specific scientific issues or questions in dispute to be submitted for review by the
100.3panel. The commissioner and all petitioners must agree on the issues or questions in dispute
100.4to be submitted for review. If they cannot agree on one or more issues or questions, the
100.5Office of Administrative Hearings must determine the issue or questions to be submitted
100.6giving substantial consideration to the questions raised in any petitions it has received. The
100.7panel must review the scientific evidence relevant to those issues or questions as found in
100.8the petitions, the administrative record for the proposed action, and the results of any external
100.9peer review conducted according to section 115.035, in accordance with the guidance in
100.10the United States Environmental Protection Agency's Peer Review Handbook. The panel
100.11must submit a written opinion on the scientific validity of the commissioner's approach that
100.12is in controversy. If the panel finds deficiencies, the panel must recommend how the
100.13deficiencies can be corrected. The written opinion shall become part of the administrative
100.14record and must be submitted to the Office of Administrative Hearings, which shall send a
100.15written copy of the opinion to the commissioner of the Pollution Control Agency, all
100.16petitioners, and the chairs and ranking minority members of the house of representatives
100.17and senate committees having jurisdiction over environment and natural resources policy
100.18and finance.
100.19 Subd. 6. Status of action pending independent expert panel review. Once the Office
100.20of Administrative Hearings has received the requisite number of review petitions, it must
100.21notify the Pollution Control Agency of this fact and:
100.22(1) the Pollution Control Agency shall not grant or deny a contested case petition filed
100.23by the local government unit on the proposed action that is the subject of a petition or
100.24otherwise proceed towards finalizing the proposed action until the Office of Administrative
100.25Hearings denies the petition for independent expert review, or if the petition is granted, it
100.26has received and considered the written opinion required by subdivision 5; and
100.27(2) the Office of Administrative Hearings shall not conduct the review required by
100.28subdivision 2 until it has received the written opinion required by subdivision 5.
100.29 Subd. 7. Chapter 14 requirements must be followed. Nothing in this section shall be
100.30construed to abrogate or otherwise repeal any of the procedural requirements of chapter 14.
100.31Upon receipt of a written opinion pursuant to subdivision 5, the Pollution Control Agency
100.32and the Office of Administrative Hearings shall make the opinion available to the public
100.33for review and continue to follow all applicable provisions of chapter 14, including public
100.34comment and hearing requirements.
101.1 Subd. 8. Timing of review petition submission. A review petition submitted to the
101.2Office of Administrative Hearings must be submitted within the time period for filing a
101.3contested case petition or prior to the expiration of the public comment period as noticed
101.4in the statement of intent to adopt the rule, as applicable.
101.5 Subd. 9. This section is supplementary. The duties and procedures set forth in this
101.6section are supplementary and applicable to those set forth in section 14.091.
101.7 Sec. 115. [115.542] NOTICE REQUIREMENTS FOR PUBLICLY OWNED
101.8WASTEWATER TREATMENT FACILITIES.
101.9 Subdivision 1. Definitions. For the purpose of this section, the following terms have
101.10the meanings given:
101.11(1) "permit" means a national pollutant discharge elimination system (NPDES) permit
101.12or state disposal system (SDS) permit; and
101.13(2) "permit applicant" means a person or entity submitting an application for a new
101.14permit or renewal, modification, or revocation of an existing permit for a publicly owned
101.15wastewater treatment facility.
101.16 Subd. 2. Applicability. This section applies to all draft permits and permits for publicly
101.17owned wastewater treatment facilities for which the commissioner of the Pollution Control
101.18Agency makes a preliminary determination whether to issue or deny.
101.19 Subd. 3. Notice requirements. The commissioner of the Pollution Control Agency must
101.20provide a permit applicant with a copy of the draft permit and any fact sheets required by
101.21agency rules at least 30 days before the distribution and public notice of the permit application
101.22and preliminary determination.
101.23 Subd. 4. Public comment period. The commissioner must prepare and issue a public
101.24notice of a completed application and the commissioner's preliminary determination as to
101.25whether the permit should be issued or denied. The public comment period must be at least
101.2660 days for permit applications under this section.
101.27 Sec. 116. Minnesota Statutes 2016, section 115B.39, subdivision 2, is amended to read:
101.28 Subd. 2. Definitions. (a) In addition to the definitions in this subdivision, the definitions
101.29in sections115A.03 and
115B.02 apply to sections
115B.39 to
115B.445 , except as
101.30specifically modified in this subdivision.
102.1(b) "Cleanup order" means a consent order between responsible persons and the agency
102.2or an order issued by the United States Environmental Protection Agency under section 106
102.3of the federal Superfund Act.
102.4(c) "Closure" means actions to prevent or minimize the threat to public health and the
102.5environment posed by a mixed municipal solid waste disposal facility that has stopped
102.6accepting waste by controlling the sources of releases or threatened releases at the facility.
102.7"Closure" includes removing contaminated equipment and liners; applying final cover;
102.8grading and seeding final cover; installing wells, borings, and other monitoring devices;
102.9constructing groundwater and surface water diversion structures; and installing gas control
102.10systems and site security systems, as necessary. The commissioner may authorize use of
102.11final cover that includes processed materials that meet the requirements in Code of Federal
102.12Regulations, title 40, section 503.32, paragraph (a).
102.13(d) "Closure upgrade" means construction activity that will, at a minimum, modify an
102.14existing cover so that it satisfies current rule requirements for mixed municipal solid waste
102.15land disposal facilities.
102.16(e) "Contingency action" means organized, planned, or coordinated courses of action to
102.17be followed in case of fire, explosion, or release of solid waste, waste by-products, or
102.18leachate that could threaten human health or the environment.
102.19(f) "Corrective action" means steps taken to repair facility structures including liners,
102.20monitoring wells, separation equipment, covers, and aeration devices and to bring the facility
102.21into compliance with design, construction, groundwater, surface water, and air emission
102.22standards.
102.23(g) "Custodial" or "custodial care" means actions taken for the care, maintenance, and
102.24monitoring of closure actions at a mixed municipal solid waste disposal facility after
102.25completion of the postclosure period.
102.26(h) "Decomposition gases" means gases produced by chemical or microbial activity
102.27during the decomposition of solid waste.
102.28(h) (i) "Dump materials" means nonhazardous mixed municipal solid wastes disposed
102.29at a Minnesota waste disposal site other than a qualified facility prior to 1973.
102.30(i) (j) "Environmental response action" means response action at a qualified facility,
102.31including corrective action, closure, postclosure care; contingency action; environmental
102.32studies, including remedial investigations and feasibility studies; engineering, including
103.1remedial design; removal; remedial action; site construction; and other similar cleanup-related
103.2activities.
103.3(j) (k) "Environmental response costs" means:
103.4(1) costs of environmental response action, not including legal or administrative expenses;
103.5and
103.6(2) costs required to be paid to the federal government under section 107(a) of the federal
103.7Superfund Act, as amended.
103.8(l) "Priority qualified facility" means a qualified facility that is on the list of priorities
103.9for the federal Comprehensive Environmental Response, Compensation, and Liability Act
103.10and the Minnesota Environmental Response and Liability Act; has received notice under
103.11section 115B.40, subdivision 3; has failed to comply with section 115B.40, subdivision 4;
103.12and has not entered into a binding agreement with the commissioner.
103.13(k) (m) "Postclosure" or "postclosure care" means actions taken for the care, maintenance,
103.14and monitoring of closure actions at a mixed municipal solid waste disposal facility.
103.15(l) (n) "Qualified facility" means a mixed municipal solid waste disposal facility as
103.16described in the most recent agency permit, including adjacent property used for solid waste
103.17disposal that did not occur under a permit from the agency, that:
103.18(1)(i) is or was permitted by the agency;
103.19(ii) stopped accepting solid waste, except demolition debris, for disposal by April 9,
103.201994; and
103.21(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that
103.22demolition debris may be accepted until May 1, 1995, at a permitted area where disposal
103.23of demolition debris is allowed, if the area where the demolition debris is deposited is at
103.24least 50 feet from the fill boundary of the area where mixed municipal solid waste was
103.25deposited;or
103.26(2) is or was permitted by the agency; and
103.27(i) stopped accepting waste by January 1, 2000, except that demolition debris, industrial
103.28waste, and municipal solid waste combustor ash may be accepted until January 1, 2001, at
103.29a permitted area where disposal of such waste is allowed, if the area where the waste is
103.30deposited is at least 50 feet from the fill boundary of the area where mixed municipal solid
103.31waste was deposited; or
104.1(ii) stopped accepting waste by January 1, 2019, and is located in a county that meets
104.2all applicable recycling goals in section115A.551 and that has arranged for all mixed
104.3municipal solid waste generated in the county to be delivered to and processed by a resource
104.4recovery facility located in the county for at least 20 years; or
104.5(3) is or was permitted by the agency and stopped accepting mixed municipal solid waste
104.6and industrial waste for disposal by January 1, 2009, and for which the postclosure care
104.7period ended on July 26, 2013.
104.8 Sec. 117. Minnesota Statutes 2016, section 115B.40, subdivision 4, is amended to read:
104.9 Subd. 4. Qualified facility not under cleanup order; duties. (a) The owner or operator
104.10of a qualified facility that is not subject to a cleanup order shall:
104.11(1) complete closure activities at the facility, or enter into a binding agreement with the
104.12commissioner to do so, as provided in paragraph (e), within one year from the date the
104.13owner or operator is notified by the commissioner under subdivision 3 of the closure activities
104.14that are necessary to properly close the facility in compliance with facility's permit, closure
104.15orders, or enforcement agreement with the agency, and with the solid waste rules in effect
104.16at the time the facility stopped accepting waste;
104.17(2) undertake or continue postclosure or custodial care at the facility until the date of
104.18notice of compliance under subdivision 7;
104.19(3) in the case of qualified facilities defined in section115B.39, subdivision 2 , paragraph
104.20(l) (n), clause (1), transfer to the commissioner of revenue for deposit in the remediation
104.21fund established in section116.155 any funds required for proof of financial responsibility
104.22under section116.07, subdivision 4h , that remain after facility closure and any postclosure
104.23care and response action undertaken by the owner or operator at the facility including, if
104.24proof of financial responsibility is provided through a letter of credit or other financial
104.25instrument or mechanism that does not accumulate money in an account, the amount that
104.26would have accumulated had the owner or operator utilized a trust fund, less any amount
104.27used for closure, postclosure care, and response action at the facility;and
104.28(4) in the case of qualified facilities defined in section115B.39, subdivision 2 , paragraph
104.29(l) (n), clause (2), transfer to the commissioner of revenue for deposit in the remediation
104.30fund established in section116.155 an amount of cash that is equal to the sum of their
104.31approved current contingency action cost estimate and the present value of their approved
104.32estimated remaining postclosure care costs required for proof of financial responsibility
104.33under section116.07, subdivision 4h .; and
105.1(5) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
105.2(n), clause (3), transfer to the commissioner of revenue for deposit in the remediation fund
105.3established in section 116.155 an amount of cash that is equal to any funds required for
105.4proof of financial responsibility under section 116.07, subdivision 4h, that remain after
105.5facility closure and any postclosure and custodial care and response action undertaken by
105.6the owner or operator at the facility have been reimbursed.
105.7(b) The owner or operator of a qualified facility that is not subject to a cleanup order
105.8shall:
105.9(1) in the case of qualified facilities defined in section115B.39, subdivision 2 , paragraph
105.10(l) (n), clause (1), provide the commissioner with a copy of all applicable comprehensive
105.11general liability insurance policies and other liability policies relating to property damage,
105.12certificates, or other evidence of insurance coverage held during the life of the facility; and
105.13(2) enter into a binding agreement with the commissioner to:
105.14(i) in the case of qualified facilities defined in section115B.39, subdivision 2 , paragraph
105.15(l) (n), clause (1), take any actions necessary to preserve the owner or operator's rights
to
105.16payment or defense under insurance policies included in clause (1); cooperate with the
105.17commissioner in asserting claims under the policies; and, within 60 days of a request by
105.18the commissioner, but no earlier than July 1, 1996, assign only those rights under the policies
105.19related to environmental response costs;
105.20(ii) cooperate with the commissioner or other persons acting at the direction of the
105.21commissioner in taking additional environmental response actions necessary to address
105.22releases or threatened releases and to avoid any action that interferes with environmental
105.23response actions, including allowing entry to the property and to the facility's records and
105.24allowing entry and installation of equipment; and
105.25(iii) refrain from developing or altering the use of property described in any permit for
105.26the facility except after consultation with the commissioner and in conformance with any
105.27conditions established by the commissioner for that property, including use restrictions, to
105.28protect public health and welfare and the environment.
105.29(c) The owner or operator of a qualified facility defined in section115B.39, subdivision
105.302 , paragraph (l) (n), clause (1), that is a political subdivision may use a portion of any funds
105.31established for response at the facility, which are available directly or through a financial
105.32instrument or other financial arrangement, for closure or postclosure care at the facility if
105.33funds available for closure or postclosure care are inadequate and shall assign the rights to
105.34any remainder to the commissioner.
106.1(d) The agreement required in paragraph (b), clause (2), must be in writing and must
106.2apply to and be binding upon the successors and assigns of the owner. The owner shall
106.3record the agreement, or a memorandum approved by the commissioner that summarizes
106.4the agreement, with the county recorder or registrar of titles of the county where the property
106.5is located.
106.6(e) A binding agreement entered into under paragraph (a), clause (1), may include a
106.7provision that the owner or operator will reimburse the commissioner for the costs of closing
106.8the facility to the standard required in that clause.
106.9 Sec. 118. [115B.406] STATE RESPONSE AT PRIORITY QUALIFIED FACILITIES.
106.10 Subdivision 1. Environmental response action. The agency may take any environmental
106.11response action at a priority qualified facility that the agency deems necessary to protect
106.12the public health or welfare or the environment. Before taking any action, the agency shall
106.13take actions as provided in this section.
106.14 Subd. 2. Request for action to owner or operator of priority qualified facility. The
106.15agency shall request the owner or operator of a priority qualified facility to take actions that
106.16the agency deems reasonable and necessary to protect the public health or welfare or the
106.17environment, stating the reasons for the actions; a reasonable time for beginning and
106.18completing the actions, taking into account the urgency of the actions for protecting the
106.19public health or welfare or the environment; and the intention of the agency to take action
106.20if the requested actions are not taken as requested.
106.21 Subd. 3. Action to compel performance. When the owner or operator of the priority
106.22qualified facility fails to take response actions or make reasonable progress in completing
106.23response actions requested as provided in subdivision 2, the attorney general may bring an
106.24action in the name of the state to compel performance of the requested response actions. If
106.25a person having any right, title, or interest in and to the real property where the facility is
106.26located or where response actions are proposed to be taken is not a person responsible for
106.27the environment, the person may be joined as an indispensable party in an action to compel
106.28performance to ensure that the requested response actions can be taken on that property by
106.29the owner or operator.
106.30 Subd. 4. Determination of failure to act. If the agency determines that the actions
106.31requested under this section will not be taken by the owner or operator of the priority
106.32qualified facility in the manner and within the time requested, the agency may undertake
106.33any environmental response action it deems necessary for the protection of the public health
106.34or welfare or the environment under this section.
107.1 Subd. 5. Civil penalties. Any owner or operator of a priority qualified facility that fails
107.2to take the actions under this section shall forfeit and pay to the state a civil penalty in an
107.3amount to be determined by the court of not more than $20,000 per day for each day that
107.4the owner or operator fails to take reasonable and necessary response actions or to make
107.5reasonable progress in completing response actions requested by the agency. The penalty
107.6provided under this subdivision may be recovered by an action brought by the attorney
107.7general in the name of the state in a separate action in the District Court of Ramsey County.
107.8All penalties recovered under this subdivision must be deposited in the remediation fund.
107.9 Subd. 6. Investigation and testing. The agency may undertake investigations, monitoring,
107.10surveys, testing, and other similar activities necessary or appropriate to identify the existence
107.11and extent of the contamination at the priority qualified facility and the extent of danger.
107.12In addition, the agency may undertake planning, legal, fiscal, economic, engineering,
107.13architectural, and other studies or investigations necessary or appropriate to plan and direct
107.14a response action, to recover the costs of the response action, and to enforce this section.
107.15 Subd. 7. Duty to compel information. Any person who the agency has determined to
107.16have information regarding the priority qualified facility or the owner or operator of the
107.17priority qualified facility must furnish to the agency any information that person may have
107.18or may reasonably obtain that is relevant to the priority qualified facility or the owner or
107.19operator. The agency upon presentation of credentials may examine and copy any books,
107.20papers, records, memoranda, or data of any person who has a duty to provide information
107.21to the agency and may enter upon any property, public or private, to take any action
107.22authorized by this section, including obtaining information from any person who has a duty
107.23to provide the information.
107.24 Subd. 8. Program operations. Upon the owner or operator's failure to act, the agency
107.25shall conduct the program operations under section 115B.412, subdivisions 1 and 2, and
107.26any other environmental response action the agency deems necessary to protect public
107.27health, welfare, and the environment.
107.28 Subd. 9. Recovering expenses. Any reasonable and necessary expenses incurred by the
107.29agency or commissioner under this section, including all response costs and administrative
107.30and legal expenses, may be recovered in a civil action brought by the attorney general against
107.31the owner or operator of the priority qualified facility. The agency's certification of expenses
107.32is prima facie evidence that the expenses are reasonable and necessary. Any expenses
107.33incurred under this section that are recovered by the attorney general under sections 115.071
107.34and 116.072 or any other law, including any award of attorney's fees, must be deposited in
107.35the remediation fund.
108.1 Subd. 10. Environmental response costs; liens. All environmental response costs,
108.2including administrative and legal expenses, incurred by the commissioner at a priority
108.3qualified facility before the date of notice of compliance under section 115B.40, subdivision
108.47, constitute a lien in favor of the state upon any real property located in the state, other
108.5than homestead property, owned by the owner or operator who is subject to the requirements
108.6of section 115B.40, subdivision 4 or 5. A lien under this subdivision attaches when the
108.7environmental response costs are first incurred and continues until the lien is satisfied or
108.8becomes unenforceable as for an environmental lien under section 514.672. Notice, filing,
108.9and release of the lien are governed by sections 514.671 to 514.676, except where those
108.10requirements specifically are related to only cleanup action expenses as defined in section
108.11514.671. Relative priority of a lien under this subdivision is governed by section 514.672,
108.12except that a lien attached to property that was included in any permit for the solid waste
108.13disposal facility takes precedence over all other liens regardless of when the other liens
108.14were or are perfected. Amounts received to satisfy all or a part of a lien must be deposited
108.15in the remediation fund.
108.16EFFECTIVE DATE.This section is effective the day following final enactment.
108.17 Sec. 119. [115B.407] SETTLEMENT AT PRIORITY QUALIFIED FACILITY.
108.18 Subdivision 1. Settlements; general authority. In addition to the general authority
108.19vested in the agency to settle any claims under sections 115B.01 to 115B.18, and 115B.40
108.20to 115B.445, the agency may exercise the settlement authorities provided in subdivisions
108.212 to 5.
108.22 Subd. 2. Settlement agreement. The commissioner must enter into a settlement
108.23agreement with an eligible person under subdivision 3 who requests a settlement, under
108.24which the commissioner settles with the eligible person and indemnifies and holds the
108.25eligible person harmless for:
108.26(1) all legal responsibility, liability, or potential liability for environmental response
108.27costs and natural resources damages related to the qualified facility, including any and all
108.28liability and potential liability for legal and administrative costs and expenses incurred or
108.29to be incurred by the state or federal government or reimbursed by the state or federal
108.30government;
108.31(2) all legal liability or potential liability under the federal Comprehensive Environmental
108.32Response, Compensation, and Liability Act related to the priority qualified facility, including
108.33any and all liability and potential liability for costs incurred by the federal government in
109.1cleaning up the site and legal and administrative costs and expenses incurred or to be incurred
109.2by the state or federal government or reimbursed by the state or federal government; and
109.3(3) all legal liability or potential liability that has been asserted, could have been asserted,
109.4or may be asserted in the future against the eligible person under state or federal law, common
109.5law, or other legal theory related to the qualified facility, including any claim by any person
109.6or entity for contribution regarding any matters to which the indemnity applies.
109.7 Subd. 3. Eligible persons. (a) A person who is not an owner or operator of a priority
109.8qualified facility is eligible to enter into a settlement agreement with the commissioner
109.9provided the person agrees to:
109.10(1) waive all claims for environmental response costs related to the facility against all
109.11persons other than the owner or operator;
109.12(2) provide the commissioner with a copy of all applicable comprehensive general
109.13liability insurance policies and other liability insurance policies relating to property damage,
109.14certificates, or other evidence of insurance coverage held during the life of the facility; and
109.15(3) enter into a binding agreement with the commissioner to take any actions necessary
109.16to preserve the person's rights to payment or defense under insurance policies, cooperate
109.17with the commissioner in asserting the claims under the policies, and assign those rights
109.18under the policies related to environmental response costs.
109.19(b) For purposes of this subdivision, "insurance" has the meaning given in section 60A.02,
109.20subdivision 3.
109.21 Subd. 4. Recovery for illegal actions. The settlement of eligible persons under this
109.22section does not prevent the commissioner from recovering costs for illegal actions at priority
109.23qualified facilities as provided in section 115B.402.
109.24 Subd. 5. Commissioner's duties. (a) In consideration of the settlor's agreement to enter
109.25into an agreement under this section, the commissioner must not sue or take administrative
109.26action against the settlor, must agree to release the settlor from the liabilities under
109.27subdivision 1, and must indemnify and hold the settlor harmless and defend against all
109.28claims or liability for state or federal environmental response actions at the priority qualified
109.29facility that is the subject of the agreement and claims made by the owner or operator of
109.30the priority qualified facility under state or federal law for payment of response costs and
109.31related costs at the priority qualified facility.
109.32(b) To the extent allowed under applicable law, a person who enters into a settlement
109.33agreement under this section is not liable for claims for contribution regarding matters
110.1addressed in the agreement. As a condition of the agreement, the person must waive the
110.2person's rights to seek contribution for any amounts paid on the person's behalf under the
110.3agreement. This section does not limit the state's ability to seek contribution on the person's
110.4behalf.
110.5(c) The commissioner, on behalf of the state, shall enter into an agreement with the
110.6United States Environmental Protection Agency to settle all federal claims at a priority
110.7qualified facility to release all nonowner potentially responsible parties, including to not
110.8seek recovery from nonowner potentially responsible parties for costs incurred related to
110.9the priority qualified facility.
110.10EFFECTIVE DATE.This section is effective the day following final enactment.
110.11 Sec. 120. [115B.408] ACQUISITION OF PRIORITY QUALIFIED FACILITY.
110.12 Subdivision 1. Legislative findings. The legislature recognizes the need to protect the
110.13public health and welfare and the environment at priority qualified facilities and that are
110.14not being managed to protect the public health or welfare or the environment. It is in the
110.15public interest to direct the commissioner of the Pollution Control Agency to acquire the
110.16necessary interests in land at the priority qualified facility and to conduct environmental
110.17response action.
110.18 Subd. 2. Acquisition. The agency may acquire interests in land by donation or eminent
110.19domain without undue delay, under section 115B.17, subdivision 15, at the priority qualified
110.20facility. Acquisition by condemnation under this section may include fee title acquisition.
110.21After acquiring interests in land, the commissioner must begin the process of protecting the
110.22public health and welfare and the environment through environmental response action
110.23according to sections 115B.39 to 115B.414.
110.24 Subd. 3. Disposition of property acquired for response action. (a) If the commissioner
110.25determines that real or personal property acquired by the agency for response action is no
110.26longer needed for response action purposes, the commissioner may:
110.27(1) transfer the property to the commissioner of administration to be disposed of in the
110.28manner required for other surplus property subject to conditions the commissioner determines
110.29necessary to protect the public health and welfare or the environment or to comply with
110.30federal law;
110.31(2) transfer the property to another state agency, a political subdivision, or special purpose
110.32district; or
111.1(3) if required by federal law, take actions and dispose of the property as required by
111.2federal law.
111.3(b) If the commissioner determines that real or personal property acquired by the agency
111.4for response action must be operated, maintained, or monitored after completion of other
111.5phases of the response action, the commissioner may transfer ownership of the property to
111.6another state agency, a political subdivision, or special purpose district that agrees to accept
111.7the property. A state agency, political subdivision, or special purpose district is authorized
111.8to accept and implement the terms and conditions of a transfer under this paragraph. The
111.9commissioner may set terms and conditions for the transfer that the commissioner considers
111.10reasonable and necessary to ensure proper operation, maintenance, and monitoring of
111.11response actions, protect the public health and welfare and the environment, and comply
111.12with applicable federal and state laws and regulations. The state agency, political subdivision,
111.13or special purpose district to which the property is transferred is not liable under this chapter
111.14solely as a result of acquiring the property or acting in accordance with the terms and
111.15conditions of the transfer.
111.16(c) If the agency acquires property under this section, the commissioner may lease or
111.17grant an easement in the property to a person during the implementation of response actions
111.18if the lease or easement is compatible with or necessary for response action implementation.
111.19(d) The proceeds of a sale, lease, or other transfer of property under this subdivision by
111.20the commissioner or by the commissioner of administration must be deposited in the
111.21remediation fund. Any share of the proceeds that the agency is required by federal law or
111.22regulation to reimburse to the federal government is appropriated from the account to the
111.23agency for that purpose. Except for section 94.16, subdivision 2, section 94.16 does not
111.24apply to real property sold by the commissioner of administration that was acquired under
111.25this section.
111.26EFFECTIVE DATE.This section is effective the day following final enactment.
111.27 Sec. 121. [115B.409] OTHER REMEDIES PRESERVED.
111.28The owner of real property is barred from bringing legal action or using any remedy
111.29available under any other provision of state or federal law, including common law, to recover
111.30for personal injury, disease, economic loss, or response costs arising out of a release of any
111.31hazardous substance or for removal or the costs of removal of that hazardous substance.
111.32Sections 115B.40 to 115B.408 shall not be considered, interpreted, or construed in any way
111.33as reflecting a determination, in whole or in part, of policy regarding the inapplicability of
111.34strict liability or strict liability doctrines under any other state or federal law, including
112.1common law, to activities past, present, or future, by the owner of real property relating to
112.2hazardous substances or pollutants or contaminants, or other similar activities.
112.3 Sec. 122. [115B.4091] DEPOSIT OF PROCEEDS.
112.4All amounts paid to the state under sections 115B.406 to 115B.409 must be deposited
112.5in the state treasury and credited equally to the remediation fund and the closed landfill
112.6investment fund.
112.7EFFECTIVE DATE.This section is effective the day following final enactment.
112.8 Sec. 123. Minnesota Statutes 2016, section 115C.021, subdivision 1, is amended to read:
112.9 Subdivision 1. General rule. Except as provided in subdivisions 2 to4 5, a person is
112.10responsible for a release from a tank if the person is an owner or operator of the tank at any
112.11time during or after the release.
112.12 Sec. 124. Minnesota Statutes 2016, section 115C.021, is amended by adding a subdivision
112.13to read:
112.14 Subd. 5. Heating fuel oil vendor. A heating fuel oil vendor is not a responsible person
112.15for a heating fuel oil release at a residential location if the release was caused solely by the
112.16failure of a tank owned by the homeowner.
112.17 Sec. 125. Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read:
112.18 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and
112.19resource management permits be issued or denied within 90 days for Tier 1 permits or 150
112.20days for Tier 2 permits following submission of a permit application. The commissioner of
112.21the Pollution Control Agency shall establish management systems designed to achieve the
112.22goal. For the purposes of this section, "Tier 1 permits" are permits that do not require
112.23individualized actions or public comment periods, and "Tier 2 permits" are permits that
112.24require individualized actions or public comment periods.
112.25(b) The commissioner shall prepare an annual permitting efficiency report that includes
112.26statistics on meeting the goal in paragraph (a) and the criteria forTier 1 and Tier 2 by permit
112.27categories. The report is due August 1 each year. For permit applications that have not met
112.28the goal, the report must state the reasons for not meeting the goal. In stating the reasons
112.29for not meeting the goal, the commissioner shall separately identify delays caused by the
112.30responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the
112.31level of public engagement. The report must specify the number of days from initial
113.1submission of the application to the day of determination that the application is complete.
113.2The report must aggregate the data for the year and assess whether program or system
113.3changes are necessary to achieve the goal. The report must be posted on the agency's Web
113.4site and submitted to the governor and the chairs and ranking minority members of the house
113.5of representatives and senate committees having jurisdiction over environment policy and
113.6finance.
113.7(c) The commissioner shall allow electronic submission of environmental review and
113.8permit documents to the agency.
113.9(d)Beginning July 1, 2011, Within 30 business days of application for a permit subject
113.10to paragraph (a), the commissioner of the Pollution Control Agency shall notify theproject
113.11proposer permit applicant, in writing, whether the application is complete or incomplete. If
113.12the commissioner determines that an application is incomplete, the notice to the applicant
113.13must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
113.14and advise the applicant on how the deficiencies can be remedied. If the commissioner
113.15determines that the application is complete, the notice must confirm the application's Tier
113.161 or Tier 2 permit status and, upon request of the permit applicant of an individual Tier 2
113.17permit, provide the permit applicant with a schedule for reviewing the permit application.
113.18This paragraph does not apply to an application for a permit that is subject to a grant or loan
113.19agreement under chapter 446A.
113.20(e) For purposes of this subdivision, "permit professional" means an individual not
113.21employed by the Pollution Control Agency who:
113.22(1) has a professional license issued by the state of Minnesota in the subject area of the
113.23permit;
113.24(2) has at least ten years of experience in the subject area of the permit; and
113.25(3) abides by the duty of candor applicable to employees of the Pollution Control Agency
113.26under agency rules and complies with all applicable requirements under chapter 326.
113.27(f) Upon the agency's request, an applicant relying on a permit professional must
113.28participate in a meeting with the agency before submitting an application:
113.29(1) at least two weeks prior to the preapplication meeting, the applicant must submit at
113.30least the following:
113.31(i) project description, including, but not limited to, scope of work, primary emissions
113.32points, discharge outfalls, and water intake points;
113.33(ii) location of the project, including county, municipality, and location on the site;
114.1(iii) business schedule for project completion; and
114.2(iv) other information requested by the agency at least four weeks prior to the scheduled
114.3meeting; and
114.4 (2) during the preapplication meeting, the agency shall provide for the applicant at least
114.5the following:
114.6(i) an overview of the permit review program;
114.7(ii) a determination of which specific application or applications will be necessary to
114.8complete the project;
114.9(iii) a statement notifying the applicant if the specific permit being sought requires a
114.10mandatory public hearing or comment period;
114.11(iv) a review of the timetable established in the permit review program for the specific
114.12permit being sought; and
114.13(v) a determination of what information must be included in the application, including
114.14a description of any required modeling or testing.
114.15(g) The applicant may select a permit professional to undertake the preparation of the
114.16permit application and draft permit.
114.17(h) If a preapplication meeting was held, the agency shall, within seven business days
114.18of receipt of an application, notify the applicant and submitting permit professional that the
114.19application is complete or is denied, specifying the deficiencies of the application.
114.20(i) Upon receipt of notice that the application is complete, the permit professional shall
114.21submit to the agency a timetable for submitting a draft permit. The permit professional shall
114.22submit a draft permit on or before the date provided in the timetable. Within 60 days after
114.23the close of the public comment period, the commissioner shall notify the applicant whether
114.24the permit can be issued.
114.25(j) Nothing in this section shall be construed to modify:
114.26(1) any requirement of law that is necessary to retain federal delegation to or assumption
114.27by the state; or
114.28(2) the authority to implement a federal law or program.
114.29(k) The permit application and draft permit shall identify or include as an appendix all
114.30studies and other sources of information used to substantiate the analysis contained in the
114.31permit application and draft permit. The commissioner shall request additional studies, if
115.1needed, and theproject proposer permit applicant shall submit all additional studies and
115.2information necessary for the commissioner to perform the commissioner's responsibility
115.3to review, modify, and determine the completeness of the application and approve the draft
115.4permit.
115.5 Sec. 126. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision
115.6to read:
115.7 Subd. 7. Draft permits; public notice. When public notice of a draft individual Tier 2
115.8permit is required, the commissioner must issue the notice with the draft permit within 150
115.9days of receiving a completed permit application unless the permit applicant and the
115.10commissioner mutually agree to a different date. Upon request of the permit applicant, the
115.11commissioner must provide a copy of the draft permit to the permit applicant and consider
115.12comments on the draft permit from the permit applicant before issuing the public notice.
115.13 Sec. 127. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision
115.14to read:
115.15 Subd. 8. Clean Air Act settlement money. "Clean Air Act settlement money" means
115.16money required to be paid to the state as a result of litigation or settlements of alleged
115.17violations of the federal Clean Air Act, United States Code, title 42, section 7401 et seq.,
115.18or rules adopted thereunder, by an automobile manufacturer. The commissioner of
115.19management and budget must establish the Clean Air Act settlement account in the
115.20environmental fund. Notwithstanding sections 16A.013 to 16A.016, the commissioner of
115.21management and budget must deposit Clean Air Act settlement money into the Clean Air
115.22Act settlement account. Clean Air Act settlement money must not be spent until it is
115.23specifically appropriated by law. The commissioner of management and budget must
115.24eliminate the Clean Air Act settlement account in the environmental fund after all Clean
115.25Air Act settlement money has been expended.
115.26 Sec. 128. Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read:
115.27 Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater
115.28than those necessary to cover the reasonable costs of developing, reviewing, and acting
115.29upon applications for agency permits and implementing and enforcing the conditions of the
115.30permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The
115.31fee schedule must reflect reasonable and routine direct and indirect costs associated with
115.32permitting, implementation, and enforcement. The agency may impose an additional
115.33enforcement fee to be collected for a period of up to two years to cover the reasonable costs
116.1of implementing and enforcing the conditions of a permit under the rules of the agency.
116.2Any money collected under this paragraph shall be deposited in the environmental fund.
116.3(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner
116.4or operator of all stationary sources, emission facilities, emissions units, air contaminant
116.5treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage
116.6facilities subject to a notification, permit, or license requirement under this chapter,
116.7subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401
116.8et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and
116.9indirect reasonable costs, including legal costs, required to develop and administer the
116.10notification, permit, or license program requirements of this chapter, subchapters I and V
116.11of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules
116.12adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon
116.13an application for a permit; implementing and enforcing statutes, rules, and the terms and
116.14conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally
116.15applicable regulations; responding to federal guidance; modeling, analyses, and
116.16demonstrations; preparing inventories and tracking emissions; and providing information
116.17to the public about these activities.
116.18(c) The agency shall set fees that:
116.19(1) will result in the collection, in the aggregate, from the sources listed in paragraph
116.20(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
116.21regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of
116.22the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national
116.23primary ambient air quality standard has been promulgated;
116.24(2) may result in the collection, in the aggregate, from the sources listed in paragraph
116.25(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
116.26regulated under this chapter or air quality rules adopted under this chapter; and
116.27(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount
116.28needed to match grant funds received by the state under United States Code, title 42, section
116.297405 (section 105 of the federal Clean Air Act).
116.30The agency must not include in the calculation of the aggregate amount to be collected
116.31under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
116.32from a source. The increase in air permit fees to match federal grant funds shall be a surcharge
116.33on existing fees. The commissioner may not collect the surcharge after the grant funds
117.1become unavailable. In addition, the commissioner shall use nonfee funds to the extent
117.2practical to match the grant funds so that the fee surcharge is minimized.
117.3(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
117.4in the rules promulgated under paragraph (c) for an increase in the fee collected in each
117.5year by the percentage, if any, by which the Consumer Price Index for the most recent
117.6calendar year ending before the beginning of the year the fee is collected exceeds the
117.7Consumer Price Index for the calendar year 1989. For purposes of this paragraph the
117.8Consumer Price Index for any calendar year is the average of the Consumer Price Index for
117.9all-urban consumers published by the United States Department of Labor, as of the close
117.10of the 12-month period ending on August 31 of each calendar year. The revision of the
117.11Consumer Price Index that is most consistent with the Consumer Price Index for calendar
117.12year 1989 shall be used.
117.13(e) Any money collected under paragraphs (b) to (d) must be deposited in the
117.14environmental fund and must be used solely for the activities listed in paragraph (b).
117.15(f) Permit applicants who wish to construct, reconstruct, or modify afacility project may
117.16offer to reimburse the agency for the reasonable costsof staff time or consultant services
117.17needed to expedite the preapplication process and permit development process through the
117.18final decision on the permit, including the analysis of environmental review documents.
117.19The reimbursement shall be in addition to permit application fees imposed by law. When
117.20the agency determines that it needs additional resources to develop the permit application
117.21in an expedited manner, and that expediting the development is consistent with permitting
117.22program priorities, the agency may accept the reimbursement. The commissioner must give
117.23the applicant an estimate of costs to be incurred by the commissioner. The estimate must
117.24include a brief description of the tasks to be performed, a schedule for completing the tasks,
117.25and the estimated cost for each task. The applicant and the commissioner must enter into a
117.26written agreement detailing the estimated costs for the expedited permit decision-making
117.27process to be incurred by the agency and any recourse available to the applicant if the agency
117.28fails to meet the schedule. The agreement must also identify staff anticipated to be assigned
117.29to the project and describe the commissioner's commitment to make assigned staff available
117.30for the project until the permit decision is made. The commissioner must not issue a permit
117.31until the applicant has paid all fees in full. The commissioner must refund any unobligated
117.32balance of fees paid. Reimbursements accepted by the agency are appropriated to the agency
117.33for the purpose of developing the permit or analyzing environmental review documents.
117.34Reimbursement by a permit applicant shall precede and not be contingent upon issuance of
117.35a permit; shall not affect the agency's decision on whether to issue or deny a permit, what
118.1conditions are included in a permit, or the application of state and federal statutes and rules
118.2governing permit determinations; and shall not affect final decisions regarding environmental
118.3review.
118.4(g) The fees under this subdivision are exempt from section16A.1285 .
118.5 Sec. 129. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision
118.6to read:
118.7 Subd. 13. Irrevocability, suspensions, or expiration of permits; environmental
118.8review. (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to
118.9appropriate money to the commissioner of the Pollution Control Agency for environmental
118.10review and permitting activities of the agency:
118.11(1) a permit granted by the commissioner may not be terminated or suspended for the
118.12term of the permit nor shall it expire without the consent of the permittee, except for breach
118.13or nonperformance of any condition of the permit by the permittee that is an imminent threat
118.14to impair or destroy the environment or injure the health, safety, or welfare of the citizens
118.15of the state; and
118.16(2) environmental review and permit application work on environmental review and
118.17permits filed before July 1 of that year must not be suspended or terminated.
118.18(b) Paragraph (a), clause (1), applies until legislation appropriating money to the
118.19commissioner for the environmental review and permitting activities is enacted.
118.20 Sec. 130. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision
118.21to read:
118.22 Subd. 14. Unadopted rules. The commissioner of the Pollution Control Agency must
118.23not seek to implement in a permit or enforce a penalty based upon an agency policy,
118.24guideline, bulletin, criterion, manual standard, interpretive statement, or similar
118.25pronouncement if the policy, guideline, bulletin, criterion, manual standard, interpretive
118.26standard, or pronouncement has not been adopted under the rulemaking process under
118.27chapter 14. In any proceeding under section 14.381, the commissioner has the burden of
118.28proving the action is not prohibited.
119.1 Sec. 131. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision
119.2to read:
119.3 Subd. 15. Limitation regarding certain policies, guidelines, and other interpretive
119.4statements. (a) The commissioner of the Pollution Control Agency must not seek to
119.5implement or enforce against any person a policy, guideline, or other interpretive statement
119.6that meets the definition of a rule under section 14.02, subdivision 4, if the policy, guideline,
119.7or other interpretive statement has not been adopted as a rule according to chapter 14. In
119.8any proceeding under chapter 14 challenging agency action prohibited by this subdivision,
119.9the reviewing authority must independently and without deference to the agency determine
119.10whether the agency violated this subdivision. The agency must overcome the presumption
119.11that the agency action may not be enforced as a rule.
119.12(b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion,
119.13manual standard, interpretive statement, or similar pronouncement into a statute, rule, or
119.14standard, the commissioner must follow the rulemaking process provided under chapter 14
119.15to amend or revise the guideline, bulletin, criterion, manual standard, interpretive statement,
119.16or similar pronouncement.
119.17 Sec. 132. Minnesota Statutes 2016, section 116.0714, is amended to read:
119.18116.0714 NEW OPEN AIR SWINE BASINS.
119.19 The commissioner of the Pollution Control Agency or a county board shall not approve
119.20any permits for the construction of new open air swine basins, except that existing facilities
119.21may use one basin of less than 1,000,000 gallons as part of a permitted waste treatment
119.22program for resolving pollution problems or to allow conversion of an existing basin of less
119.23than 1,000,000 gallons to a different animal type, provided all standards are met. This section
119.24expires June 30,2017 2022.
119.25EFFECTIVE DATE.This section is effective the day following final enactment.
119.26 Sec. 133. [116.083] PROPANE SCHOOL BUS REBATE PROGRAM.
119.27 Subdivision 1. Definitions. For the purposes of this section, the following terms have
119.28the meanings given:
119.29(1) "propane school bus" means a school bus fueled by propane and used by a school
119.30or under contract with the school to transport pupils to or from a school or to or from
119.31school-related activities;
119.32(2) "school" means a Minnesota school district or Minnesota charter school; and
120.1(3) "school bus" means a type A, B, C, or D school bus under section 169.011, subdivision
120.271.
120.3 Subd. 2. Rebate eligibility. (a) Schools that purchase a propane school bus are eligible
120.4for a rebate under this section. A school that contracts for pupil transportation may apply
120.5for a rebate on behalf of the school bus contractor.
120.6(b) Propane school buses must be registered and licensed in Minnesota.
120.7(c) The cost of an original equipment manufacturer propane school bus purchased is
120.8eligible for a rebate under this section.
120.9 Subd. 3. Rebate amounts. Rebates under this section may be issued for no more than
120.1025 percent of the cost of a propane school bus, not to exceed $25,000.
120.11 Subd. 4. Maximum rebate allowed. A school may receive no more than five propane
120.12school bus rebates per year.
120.13 Subd. 5. Funding. $1,500,000 is annually appropriated from the Clean Air Act settlement
120.14account in the environmental fund to the agency for grants under this section. The grants
120.15must be awarded through a request for proposal process established by the commissioner
120.16and must comply with the litigation or settlement order providing receipts to the account.
120.17 Sec. 134. Minnesota Statutes 2016, section 116C.03, subdivision 2, is amended to read:
120.18 Subd. 2. Membership. The members of the board are the commissioner of administration,
120.19the commissioner of commerce, the commissioner of the Pollution Control Agency, the
120.20commissioner of natural resources, the commissioner of agriculture, the commissioner of
120.21health, the commissioner of employment and economic development, the commissioner of
120.22transportation, and the chair of the Board of Water and Soil Resources, and a representative
120.23of the governor's office designated by the governor. The governor shall appoint five eight
120.24members from the general public to the board, one from each congressional district, subject
120.25to the advice and consent of the senate.At least two of The five public members must have
120.26knowledge of and be conversant inwater management issues in the state environmental
120.27review or permitting. Notwithstanding the provisions of section15.06, subdivision 6 ,
120.28members of the board may not delegate their powers and responsibilities as board members
120.29to any other person.
120.30 Sec. 135. Minnesota Statutes 2016, section 116C.04, subdivision 2, is amended to read:
120.31 Subd. 2. Jurisdiction.(a) The board shall determine which environmental problems of
120.32interdepartmental concern to state government shall be considered by the board. The
board
121.1shall initiate interdepartmental investigations into those matters that it determines
are in
121.2need of study. Topics for investigation may include but need not be limited to future
121.3population and settlement patterns, air and water resources and quality, solid waste
121.4management, transportation and utility corridors, economically productive open space,
121.5energy policy and need, growth and development, and land use planning.
121.6(b) The board shall review programs of state agencies that significantly affect the
121.7environment and coordinate those it determines are interdepartmental in nature, and
insure
121.8agency compliance with state environmental policy.
121.9(c) The board may review environmental rules and criteria for granting and denying
121.10permits by state agencies and may resolve conflicts involving state agencies with regard to
121.11programs, rules, permits and procedures significantly affecting the environment, provided
121.12that such resolution of conflicts is consistent with state environmental policy.
121.13(d) State agencies shall submit to the board all proposed legislation of major significance
121.14relating to the environment and the board shall submit a report to the governor and
the
121.15legislature with comments on such major environmental proposals of state agencies.
121.16 Sec. 136. Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:
121.17 Subd. 2a. When prepared. (a) Where there is potential for significant environmental
121.18effects resulting from any major governmental action, the action shall be preceded by a
121.19detailed environmental impact statement prepared by the responsible governmental unit.
121.20The environmental impact statement shall be an analytical rather than an encyclopedic
121.21document which describes the proposed action in detail, analyzes its significant environmental
121.22impacts, discusses appropriate alternatives to the proposed action and their impacts, and
121.23explores methods by which adverse environmental impacts of an action could be mitigated.
121.24The environmental impact statement shall also analyze those economic, employment, and
121.25sociological effects that cannot be avoided should the action be implemented. To ensure its
121.26use in the decision-making process, the environmental impact statement shall be prepared
121.27as early as practical in the formulation of an action.
121.28(a) (b) The board shall by rule establish categories of actions for which environmental
121.29impact statements and for which environmental assessment worksheets shall be prepared
121.30as well as categories of actions for which no environmental review is required under this
121.31section. A mandatory environmental assessment worksheetshall is not be required for the
121.32expansion of an ethanol plant, as defined in section41A.09, subdivision 2a , paragraph (b),
121.33or the conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol
121.34facility as defined in section41A.15 , subdivision 2d, based on the capacity of the expanded
122.1or converted facility to produce alcohol fuel, but must be required if the ethanol plant or
122.2biobutanol facility meets or exceeds thresholds of other categories of actions for which
122.3environmental assessment worksheets must be prepared. The responsible governmental unit
122.4for an ethanol plant or biobutanol facility project for which an environmental assessment
122.5worksheet is preparedshall be is the state agency with the greatest responsibility for
122.6supervising or approving the project as a whole.
122.7(c) A mandatory environmental impact statementshall is not be required for a facility
122.8or plant located outside the seven-county metropolitan area that produces less than
122.9125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less
122.10than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
122.11defined in section41A.09, subdivision 2a , paragraph (b); a biobutanol facility, as defined
122.12in section41A.15 , subdivision 2d; or a cellulosic biofuel facility. A facility or plant that
122.13only uses a cellulosic feedstock to produce chemical products for use by another facility as
122.14a feedstockshall is not be considered a fuel conversion facility as used in rules adopted
122.15under this chapter.
122.16(b) (d) The responsible governmental unit shall promptly publish notice of the completion
122.17of an environmental assessment worksheet by publishing the notice in at least one newspaper
122.18of general circulation in the geographic area where the project is proposed, by posting the
122.19notice on a Web site that has been designated as the official publication site for publication
122.20of proceedings, public notices, and summaries of a political subdivision in which the project
122.21is proposed, or in any other manner determined by the board and shall provide copies of
122.22the environmental assessment worksheet to the board and its member agencies. Comments
122.23on the need for an environmental impact statement may be submitted to the responsible
122.24governmental unit during a 30-day period following publication of the notice that an
122.25environmental assessment worksheet has been completed. The responsible governmental
122.26unit's decision on the need for an environmental impact statement shall be based on the
122.27environmental assessment worksheet and the comments received during the comment period,
122.28and shall be made within 15 days after the close of the comment period. The board's chair
122.29may extend the 15-day period by not more than 15 additional days upon the request of the
122.30responsible governmental unit.
122.31(c) (e) An environmental assessment worksheet shall also be prepared for a proposed
122.32action whenever material evidence accompanying a petition by not less than 100 individuals
122.33who reside or own property in the state, submitted before the proposed project has received
122.34final approval by the appropriate governmental units, demonstrates that, because of the
122.35nature or location of a proposed action, there may be potential for significant environmental
123.1effects. Petitions requesting the preparation of an environmental assessment worksheet shall
123.2be submitted to the board. The chair of the board shall determine the appropriate responsible
123.3governmental unit and forward the petition to it. A decision on the need for an environmental
123.4assessment worksheet shall be made by the responsible governmental unit within 15 days
123.5after the petition is received by the responsible governmental unit. The board's chair may
123.6extend the 15-day period by not more than 15 additional days upon request of the responsible
123.7governmental unit.
123.8(d) (f) Except in an environmentally sensitive location where Minnesota Rules, part
123.94410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
123.10review under this chapter and rules of the board, if:
123.11 (1) the proposed action is:
123.12 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
123.13 (ii) an expansion of an existing animal feedlot facility with a total cumulative capacity
123.14of less than 1,000 animal units;
123.15 (2) the application for the animal feedlot facility includes a written commitment by the
123.16proposer to design, construct, and operate the facility in full compliance with Pollution
123.17Control Agency feedlot rules; and
123.18 (3) the county board holds a public meeting for citizen input at least ten business days
123.19prior to before the Pollution Control Agency or county issuing a feedlot permit for the
123.20animal feedlot facility unless another public meeting for citizen input has been held with
123.21regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition
123.22to other exemptions provided under other law and rules of the board.
123.23(e) (g) The board may, prior to before final approval of a proposed project, require
123.24preparation of an environmental assessment worksheet by a responsible governmental unit
123.25selected by the board for any action where environmental review under this section has not
123.26been specifically provided for by rule or otherwise initiated.
123.27(f) (h) An early and open process shall be utilized to limit the scope of the environmental
123.28impact statement to a discussion of those impacts, which that, because of the nature or
123.29location of the project, have the potential for significant environmental effects. The same
123.30process shall be utilized to determine the form, content, and level of detail of the statement
123.31as well as the alternativeswhich that are appropriate for consideration in the statement. In
123.32addition, the permitswhich that will be required for the proposed action shall be identified
123.33during the scoping process. Further, the process shall identify those permits for which
124.1information will be developed concurrently with the environmental impact statement. The
124.2board shall provide in its rules for the expeditious completion of the scoping process. The
124.3determinations reached in the process shall be incorporated into the order requiring the
124.4preparation of an environmental impact statement.
124.5(g) (i) The responsible governmental unit shall, to the extent practicable, avoid duplication
124.6and ensure coordination between state and federal environmental review and between
124.7environmental review and environmental permitting. Whenever practical, information
124.8needed by a governmental unit for making final decisions on permits or other actions required
124.9for a proposed project shall be developed in conjunction with the preparation of an
124.10environmental impact statement. When an environmental impact statement is prepared for
124.11a project requiring multiple permits for which two or more agencies' decision processes
124.12include either mandatory or discretionary hearings before a hearing officerprior to before
124.13the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to
124.14the contrary, conduct the hearings in a single consolidated hearing process if requested by
124.15the proposer. All agencies having jurisdiction over a permit that is included in the
124.16consolidated hearing shall participate. The responsible governmental unit shall establish
124.17appropriate procedures for the consolidated hearing process, including procedures to ensure
124.18that the consolidated hearing process is consistent with the applicable requirements for each
124.19permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest
124.20applicable hearing procedure to initiate the hearing. All agencies having jurisdiction over
124.21a permit identified in the draft environmental impact statement must accept and begin
124.22reviewing any permit application upon publication of the notice of preparation of the
124.23environmental impact statement.
124.24(h) (j) An environmental impact statement shall be prepared and its adequacy determined
124.25within 280 days after notice of its preparation unless the time is extended by consent of the
124.26parties or by the governor for good cause. The responsible governmental unit shall determine
124.27the adequacy of an environmental impact statement, unless within 60 days after notice is
124.28published that an environmental impact statement will be prepared, the board chooses to
124.29determine the adequacy of an environmental impact statement. If an environmental impact
124.30statement is found to be inadequate, the responsible governmental unit shall have 60 days
124.31to prepare an adequate environmental impact statement.
124.32(i) (k) The proposer of a specific action may include in the information submitted to the
124.33responsible governmental unit a preliminary draft environmental impact statement under
124.34this section on that action for review, modification, and determination of completeness and
124.35adequacy by the responsible governmental unit. A preliminary draft environmental impact
125.1statement prepared by the project proposer and submitted to the responsible governmental
125.2unit shall identify or include as an appendix all studies and other sources of information
125.3used to substantiate the analysis contained in the preliminary draft environmental impact
125.4statement. The responsible governmental unit shall require additional studies, if needed,
125.5and obtain from the project proposer all additional studies and information necessary for
125.6the responsible governmental unit to perform its responsibility to review, modify, and
125.7determine the completeness and adequacy of the environmental impact statement.
125.8 Sec. 137. Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read:
125.9 Subd. 10. Review. A person aggrieved by a final decision on the need for an
125.10environmental assessment worksheet, the need for an environmental impact statement, or
125.11the adequacy of an environmental impact statement is entitled to judicial review of the
125.12decision under sections14.63 to
14.68 . A petition for a writ of certiorari by an aggrieved
125.13person for judicial review under sections14.63 to
14.68 must be filed with the Court of
125.14Appeals and served on the responsible governmental unit not more than30 45 days after
125.15theparty receives the final decision and order of the responsible governmental unit provides
125.16notice of the decision as required by law. Proceedings for review under this section must
125.17be instituted by serving a petition for a writ of certiorari personally or by certified mail upon
125.18the responsible governmental unit and by promptly filing the proof of service in the Office
125.19of the Clerk of the Appellate Courts and the matter will proceed in the manner provided by
125.20the Rules of Civil Appellate Procedure. A copy of the petition must be provided to the
125.21attorney general at the time of service. Copies of the writ must be served, personally or by
125.22certified mail, upon the responsible governmental unit and the project proposer. The filing
125.23of the writ of certiorari does not stay the enforcement of any other governmental action,
125.24provided that the responsible governmental unit may stay enforcement or the Court of
125.25Appeals may order a stay upon terms it deems proper. A bond may be required under section
125.26562.02
unless at the time of hearing on the application for the bond the petitioner-relator
125.27has shown that the claim is likely to succeed on the merits. The board may initiate judicial
125.28review of decisions referred to herein and the board or a project proposer may intervene as
125.29of right in any proceeding brought under this subdivision.
125.30 Sec. 138. Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:
125.31 Subdivision 1. Assessment. The boardshall must by rule adopt procedures to:
125.32(1) assess the proposer of a specific action for the responsible governmental unit's
125.33reasonable costs of preparing, reviewing, and distributing the environmental impact statement.
126.1The costsshall must be determined by the responsible governmental unit pursuant according
126.2to the rulespromulgated adopted by the board; and
126.3(2) authorize a proposer of a specific action to prepare a draft environmental impact
126.4statement for that action for submission to and review, modification, and determination of
126.5completeness and adequacy by the responsible governmental unit.
126.6 Sec. 139. Minnesota Statutes 2016, section 160.06, is amended to read:
126.7160.06 TRAIL OR PORTAGE DEDICATION.
126.8Any trail or portage between public or navigable bodies of water or from public or
126.9navigable water to a public highway in this statewhich that has been in continued and
126.10uninterrupted use by the general public for 15 years or more as a trail or portage for the
126.11purposes of travel,shall be is deemed to have been dedicated to the public as a trail or
126.12portage. This sectionshall apply applies only to forest trails on established state water trails
126.13canoe routes and the publicshall have has the right to use the same for the purposes of travel
126.14to the same extent as public highways. The width of all trails and portages dedicated by
126.15usershall be is eight feet on each side of the centerline of the trail or portage.
126.16 Sec. 140. Minnesota Statutes 2016, section 168.1295, subdivision 1, is amended to read:
126.17 Subdivision 1. General requirements and procedures. (a) The commissioner shall
126.18issue state parks and trails plates to an applicant who:
126.19(1) is a registered owner of a passenger automobile, recreational vehicle, one ton pickup
126.20truck, or motorcycle;
126.21(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
126.22(3) pays the registration tax required under section168.013 ;
126.23(4) pays the fees required under this chapter;
126.24(5) contributes a minimum of$50 $60 annually to the state parks and trails donation
126.25account established in section85.056 ; and
126.26(6) complies with this chapter and rules governing registration of motor vehicles and
126.27licensing of drivers.
126.28(b) The state parks and trails plate application must indicate that the contribution specified
126.29under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the
126.30applicant may make an additional contribution to the account.
127.1(c) State parks and trails plates may be personalized according to section168.12 ,
127.2subdivision 2a.
127.3 Sec. 141. Minnesota Statutes 2016, section 282.018, subdivision 1, is amended to read:
127.4 Subdivision 1. Land on or adjacent to public waters. (a) All land which is the property
127.5of the state as a result of forfeiture to the state for nonpayment of taxes, regardless of whether
127.6the land is held in trust for taxing districts, and which borders on or is adjacent to meandered
127.7lakes and other public waters and watercourses, and the live timber growing or being thereon,
127.8is hereby withdrawn from sale except as hereinafter provided. The authority having
127.9jurisdiction over the timber on anysuch of these lands may sell the timber as otherwise
127.10provided by law for cutting and removal undersuch the conditions as the authority may
127.11prescribe in accordance with approved, sustained yield forestry practices. The authority
127.12having jurisdiction over the timber shall reservesuch the timber and impose such the
127.13conditions as the authority deems necessary for the protection of watersheds, wildlife habitat,
127.14shorelines, and scenic features. Within the area in Cook, Lake, and St. Louis counties
127.15described in the Act of Congress approved July 10, 1930 (46 Stat. 1020), the timber on
127.16tax-forfeited lands shall be subject to like restrictions as are now imposed by that act on
127.17federal lands.
127.18(b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other public
127.19waters and watercourses and so withdrawn from sale, a strip two rods in width, the ordinary
127.20high-water mark being the waterside boundary thereof, and the land side boundary thereof
127.21being a line drawn parallel to the ordinary high-water mark and two rods distant landward
127.22therefrom, hereby is reserved for public travel thereon, and whatever the conformation of
127.23the shore line or conditions require, the authority having jurisdiction oversuch these lands
127.24shall reserve a wider strip forsuch these purposes.
127.25(c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold by
127.26the authority having jurisdiction over the land, in the manner otherwise provided by law
127.27for the sale ofsuch the lands, if the authority determines that it is in the public interest to
127.28do so. Any tract or parcel of land within a plat of record bordering on or adjacent to
127.29meandered lakes and other public waters and watercourses may be sold by the authority
127.30having jurisdiction over the land, in the manner otherwise provided by law for the sale of
127.31the lands, if the authority determines that it is in the public interest to do so. If the authority
127.32having jurisdiction over the land is not the commissioner of natural resources, the land may
127.33not be offered for sale without the prior approval of the commissioner of natural resources.
128.1(d) Where the authority having jurisdiction over lands withdrawn from sale under this
128.2section is not the commissioner of natural resources, the authority may submit proposals
128.3for disposition of the lands to the commissioner. The commissioner of natural resources
128.4shall evaluate the lands and their public benefits and make recommendations on the proposed
128.5dispositions to the committees of the legislature with jurisdiction over natural resources.
128.6The commissioner shall include any recommendations of the commissioner for disposition
128.7of lands withdrawn from sale under this section over which the commissioner has jurisdiction.
128.8The commissioner's recommendations may include a public sale, sale to a private party,
128.9acquisition by the Department of Natural Resources for public purposes, or a cooperative
128.10management agreement with, or transfer to, another unit of government.
128.11 Sec. 142. Minnesota Statutes 2016, section 282.04, subdivision 1, is amended to read:
128.12 Subdivision 1. Timber sales; land leases and uses. (a) The county auditor, with terms
128.13and conditions set by the county board, may sell timber upon any tract that may be approved
128.14by the natural resources commissioner. The sale of timber shall be made for cash at not less
128.15than the appraised value determined by the county board to the highest bidder after not less
128.16than one week's published notice in an official paper within the county. Any timber offered
128.17at the public sale and not sold may thereafter be sold at private sale by the county auditor
128.18at not less than the appraised value thereof, until the time as the county board may withdraw
128.19the timber from sale. The appraised value of the timber and the forestry practices to be
128.20followed in the cutting of said timber shall be approved by the commissioner of natural
128.21resources.
128.22 (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be made
128.23in cash at the time of the timber sale, except in the case of oral or sealed bid auction sales,
128.24the down payment shall be no less than 15 percent of the appraised value, and the balance
128.25shall be paid prior to entry. In the case of auction sales that are partitioned and sold as a
128.26single sale with predetermined cutting blocks, the down payment shall be no less than 15
128.27percent of the appraised price of the entire timber sale which may be held until the satisfactory
128.28completion of the sale or applied in whole or in part to the final cutting block. The value of
128.29each separate block must be paid in full before any cutting may begin in that block. With
128.30the permission of the county contract administrator the purchaser may enter unpaid blocks
128.31and cut necessary timber incidental to developing logging roads as may be needed to log
128.32other blocks provided that no timber may be removed from an unpaid block until separately
128.33scaled and paid for. If payment is provided as specified in this paragraph as security under
128.34paragraph (a) and no cutting has taken place on the contract, the county auditor may credit
128.35the security provided, less any down payment required for an auction sale under this
129.1paragraph, to any other contract issued to the contract holder by the county under this chapter
129.2to which the contract holder requests in writing that it be credited, provided the request and
129.3transfer is made within the same calendar year as the security was received.
129.4 (c) The county board may sell any timber, including biomass, as appraised or scaled.
129.5Any parcels of land from which timber is to be sold by scale of cut products shall be so
129.6designated in the published notice of sale under paragraph (a), in which case the notice shall
129.7contain a description of the parcels, a statement of the estimated quantity of each species
129.8of timber, and the appraised price of each species of timber for 1,000 feet, per cord or per
129.9piece, as the case may be. In those cases any bids offered over and above the appraised
129.10prices shall be by percentage, the percent bid to be added to the appraised price of each of
129.11the different species of timber advertised on the land. The purchaser of timber from the
129.12parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown in the
129.13notice of sale as estimated to be standing on the land, and in addition shall pay at the same
129.14rate for any additional amounts which the final scale shows to have been cut or was available
129.15for cutting on the land at the time of sale under the terms of the sale. Where the final scale
129.16of cut products shows that less timber was cut or was available for cutting under terms of
129.17the sale than was originally paid for, the excess payment shall be refunded from the forfeited
129.18tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board
129.19as in case of other claims against the county. No timber, except hardwood pulpwood, may
129.20be removed from the parcels of land or other designated landings until scaled by a person
129.21or persons designated by the county board and approved by the commissioner of natural
129.22resources. Landings other than the parcel of land from which timber is cut may be designated
129.23for scaling by the county board by written agreement with the purchaser of the timber. The
129.24county board may, by written agreement with the purchaser and with a consumer designated
129.25by the purchaser when the timber is sold by the county auditor, and with the approval of
129.26the commissioner of natural resources, accept the consumer's scale of cut products delivered
129.27at the consumer's landing. No timber shall be removed until fully paid for in cash. Small
129.28amounts of timber not exceeding$3,000 500 cords in appraised valuation volume may be
129.29sold for not less than the full appraised value at private sale to individual persons without
129.30first publishing notice of sale or calling for bids, provided that in case of a sale involving a
129.31total appraised value of more than $200 the sale shall be made subject to final settlement
129.32on the basis of a scale of cut products in the manner above provided and not more than two
129.33of the sales, directly or indirectly to any individual shall be in effect at one time.
129.34 (d) As directed by the county board, the county auditor may lease tax-forfeited land to
129.35individuals, corporations or organized subdivisions of the state at public or private sale, and
130.1at the prices and under the terms as the county board may prescribe, for use as cottage and
130.2camp sites and for agricultural purposes and for the purpose of taking and removing of hay,
130.3stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden sites
130.4and other temporary uses provided that no leases shall be for a period to exceed ten years;
130.5provided, further that any leases involving a consideration of more than $12,000 per year,
130.6except to an organized subdivision of the state shall first be offered at public sale in the
130.7manner provided herein for sale of timber. Upon the sale of any leased land, it shall remain
130.8subject to the lease for not to exceed one year from the beginning of the term of the lease.
130.9Any rent paid by the lessee for the portion of the term cut off by the cancellation shall be
130.10refunded from the forfeited tax sale fund upon the claim of the lessee, to be audited and
130.11allowed by the county board as in case of other claims against the county.
130.12 (e) As directed by the county board, the county auditor may lease tax-forfeited land to
130.13individuals, corporations, or organized subdivisions of the state at public or private sale, at
130.14the prices and under the terms as the county board may prescribe, for the purpose of taking
130.15and removing for use for road construction and other purposes tax-forfeited stockpiled
130.16iron-bearing material. The county auditor must determine that the material is needed and
130.17suitable for use in the construction or maintenance of a road, tailings basin, settling basin,
130.18dike, dam, bank fill, or other works on public or private property, and that the use would
130.19be in the best interests of the public. No lease shall exceed ten years. The use of a stockpile
130.20for these purposes must first be approved by the commissioner of natural resources. The
130.21request shall be deemed approved unless the requesting county is notified to the contrary
130.22by the commissioner of natural resources within six months after receipt of a request for
130.23approval for use of a stockpile. Once use of a stockpile has been approved, the county may
130.24continue to lease it for these purposes until approval is withdrawn by the commissioner of
130.25natural resources.
130.26 (f) The county auditor, with the approval of the county board is authorized to grant
130.27permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores,
130.28tailings, or waste products from mines or ore milling plants, or to use for facilities needed
130.29to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed
130.30for a mining operation, upon the conditions and for the consideration and for the period of
130.31time, not exceeding 25 years, as the county board may determine. The permits, licenses, or
130.32leases are subject to approval by the commissioner of natural resources.
130.33 (g) Any person who removes any timber from tax-forfeited land before said timber has
130.34been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor.
131.1 (h) The county auditor may, with the approval of the county board, and without first
131.2offering at public sale, grant leases, for a term not exceeding 25 years, for the removal of
131.3peat and for the production or removal of farm-grown closed-loop biomass as defined in
131.4section216B.2424, subdivision 1 , or short-rotation woody crops from tax-forfeited lands
131.5upon the terms and conditions as the county board may prescribe. Any lease for the removal
131.6of peat, farm-grown closed-loop biomass, or short-rotation woody crops from tax-forfeited
131.7lands must first be reviewed and approved by the commissioner of natural resources if the
131.8lease covers 320 or more acres. No lease for the removal of peat, farm-grown closed-loop
131.9biomass, or short-rotation woody crops shall be made by the county auditor pursuant to this
131.10section without first holding a public hearing on the auditor's intention to lease. One printed
131.11notice in a legal newspaper in the county at least ten days before the hearing, and posted
131.12notice in the courthouse at least 20 days before the hearing shall be given of the hearing.
131.13 (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis County
131.14auditor may, at the discretion of the county board, sell timber to the party who bids the
131.15highest price for all the several kinds of timber, as provided for sales by the commissioner
131.16of natural resources under section90.14 . Bids offered over and above the appraised price
131.17need not be applied proportionately to the appraised price of each of the different species
131.18of timber.
131.19 (j) In lieu of any payment or deposit required in paragraph (b), as directed by the county
131.20board and under terms set by the county board, the county auditor may accept an irrevocable
131.21bank letter of credit in the amount equal to the amount otherwise determined in paragraph
131.22(b). If an irrevocable bank letter of credit is provided under this paragraph, at the written
131.23request of the purchaser, the county may periodically allow the bank letter of credit to be
131.24reduced by an amount proportionate to the value of timber that has been harvested and for
131.25which the county has received payment. The remaining amount of the bank letter of credit
131.26after a reduction under this paragraph must not be less than 20 percent of the value of the
131.27timber purchased. If an irrevocable bank letter of credit or cash deposit is provided for the
131.28down payment required in paragraph (b), and no cutting of timber has taken place on the
131.29contract for which a letter of credit has been provided, the county may allow the transfer
131.30of the letter of credit to any other contract issued to the contract holder by the county under
131.31this chapter to which the contract holder requests in writing that it be credited.
131.32 Sec. 143. Minnesota Statutes 2016, section 296A.18, subdivision 6a, is amended to read:
131.33 Subd. 6a. Computation of nonhighway use amounts. The nonhighway use amounts
131.34determined in subdivisions 2 to 6 must be transferred from the highway user tax distribution
132.1fund to the accounts as provided for in sections84.794 ,
84.803 ,
84.83 ,
84.927 , and
86B.706 .
132.2These amounts, together with interest and penalties for delinquency in payment, paid or
132.3collected pursuant to the provisions of this chapter, must be computed for each six-month
132.4period ending June 30 and December 31 and must be transferred on November 1 andJune
132.5April 1 following each six-month period.
132.6 Sec. 144. [471.9998] MERCHANT BAGS.
132.7 Subdivision 1. Citation. This section may be cited as the Consumer Choice Act.
132.8 Subd. 2. Merchant option. All merchants, itinerant vendors, and peddlers doing business
132.9in this state shall have the option to provide customers a paper, plastic, or reusable bag for
132.10the packaging of any item or good purchased, provided the purchase is of a size and manner
132.11commensurate with the use of paper, plastic, or reusable bags.
132.12 Subd. 3. Prohibition; bag ban or tax. Notwithstanding any other provision of law, no
132.13political subdivision shall impose any ban, fee, or tax upon the use of paper, plastic, or
132.14reusable bags for packaging of any item or good purchased from a merchant, itinerant
132.15vendor, or peddler.
132.16EFFECTIVE DATE.This section is effective May 31, 2017. Ordinances existing on
132.17the effective date of this section that would be prohibited under this section are invalid as
132.18of the effective date of this section.
132.19 Sec. 145. [477A.21] RIPARIAN PROTECTION AID.
132.20 Subdivision 1. Definitions. For purposes of this section, the following terms have the
132.21meanings given:
132.22(1) "buffer protection map" has the meaning given under section 103F.48, subdivision
132.231; and
132.24(2) "public watercourses" means public waters and public drainage systems subject to
132.25riparian protection requirements under section 103F.48.
132.26 Subd. 2. Certifications to commissioner. (a) The Board of Water and Soil Resources
132.27must certify to the commissioner of revenue, on or before July 1 each year, which counties
132.28and watershed districts have affirmed their jurisdiction under section 103F.48 and the
132.29proportion of centerline miles of public watercourses, and miles of public drainage system
132.30ditches on the buffer protection map, within each county and each watershed district within
132.31the county with affirmed jurisdiction.
133.1(b) On or before July 1 each year, the commissioner of natural resources shall certify to
133.2the commissioner of revenue the statewide and countywide number of centerline miles of
133.3public watercourses and miles of public drainage system ditches on the buffer protection
133.4map.
133.5 Subd. 3. Distribution. (a) A county that is certified under subdivision 2, or that portion
133.6of a county containing a watershed district certified under subdivision 2, is eligible to receive
133.7aid under this section to enforce and implement the riparian protection and water quality
133.8practices under section 103F.48. Each county's preliminary aid amount is equal to the
133.9proportion calculated under paragraph (b) multiplied by the appropriation received each
133.10year by the commissioner for purposes of payments under this section.
133.11(b) The commissioner must compute each county's proportion. A county's proportion is
133.12equal to the ratio of the sum in clause (1) to the sum in clause (2):
133.13(1) the sum of the total number of acres in the county classified as class 2a under section
133.14273.13, subdivision 23, the countywide number of centerline miles of public watercourses
133.15on the buffer protection map, and the countywide number of miles of public drainage system
133.16ditches on the buffer protection map; and
133.17(2) the sum of the statewide total number of acres classified as class 2a under section
133.18273.13, subdivision 23, the statewide total number of centerline miles of public watercourses
133.19on the buffer protection map, and the statewide total number of public drainage system
133.20miles on the buffer protection map.
133.21(c) Aid to a county must not be greater than $200,000 or less than $50,000. If the sum
133.22of the preliminary aids payable to counties under paragraph (a) is greater or less than the
133.23appropriation received by the commissioner, the commissioner of revenue must calculate
133.24the percentage of adjustment necessary so that the total of the aid under paragraph (a) equals
133.25the total amount received by the commissioner, subject to the minimum and maximum
133.26amounts specified in this paragraph. The minimum and maximum amounts under this
133.27paragraph must be adjusted by the ratio of the actual amount appropriated to $10,000,000.
133.28(d) If only a portion of a county is certified as eligible to receive aid under subdivision
133.292, the aid otherwise payable to that county under this section must be multiplied by a fraction,
133.30the numerator of which is the buffer protection map miles of the certified watershed districts
133.31contained within the county and the denominator of which is the total buffer protection map
133.32miles of the county.
133.33(e) Any aid that would otherwise be paid to a county or portion of a county that is not
133.34certified under subdivision 2 shall be paid to the Board of Water and Soil Resources for
134.1enforcing and implementing the riparian protection and water quality practices under section
134.2103F.48.
134.3 Subd. 4. Payments. The commissioner of revenue must compute the amount of riparian
134.4protection aid payable to each eligible county and to the Board of Water and Soil Resources
134.5under this section. On or before August 1 each year, the commissioner must certify the
134.6amount to be paid to each county and the Board of Water and Soil Resources in the following
134.7year, except that the payments for 2017 must be certified by July 15, 2017. The commissioner
134.8must pay riparian protection aid to counties and to the Board of Water and Soil Resources
134.9in the same manner and at the same time as aid payments under section 477A.015.
134.10EFFECTIVE DATE.This section is effective the day following final enactment and
134.11applies to aids payable in 2017 and thereafter.
134.12 Sec. 146. Laws 2000, chapter 486, section 4, as amended by Laws 2001, chapter 182,
134.13section 2, is amended to read:
134.14 Sec. 4. [BOATHOUSE LEASES; SOUDAN UNDERGROUND MINE STATE
134.15PARK.]
134.16 (a) In 1965, United States Steel Corporation conveyed land to the state of Minnesota
134.17that was included in the Soudan underground mine state park, with certain lands at Stuntz
134.18Bay subject to leases outstanding for employee boathouse sites.
134.19 (b) Notwithstanding Minnesota Statutes, sections85.011 ,
85.012, subdivision 1 , and
134.2086A.05, subdivision 2
, upon the expiration of a boathouse lease described under paragraph
134.21(a), the commissioner of natural resources shall offer a new lease to the party in possession
134.22at the time of lease expiration, or, if there has been a miscellaneous lease issued by the
134.23Department of Natural Resources due to expiration of a lease described under paragraph
134.24(a), upon its expiration to the lessee. The new lease shall be issued under the terms and
134.25conditions of Minnesota Statutes, section92.50 , with the following limitations except as
134.26follows:
134.27 (1) the term of the lease shall be for the lifetime of the party being issued a renewed
134.28lease and, if transferred, for the lifetime of the party to whom the lease is transferred;
134.29 (2) the new lease shall provide that the lease may be transferred only once and the transfer
134.30must be to a person within the third degree of kindred or first cousin according to civil law;
134.31and
134.32 (3) the commissioner shall limit the number of lessees per lease to no more than two
134.33persons who have attained legal age; and
135.1 (4) the lease amount must not exceed 50 percent of the average market rate, based on
135.2comparable private lease rates, as determined once every five years per lease.
135.3At the time of the new lease, the commissioner may offer, and after agreement with the
135.4leaseholder, lease equivalent alternative sites to the leaseholder.
135.5 (c) The commissioner shall not cancel a boathouse lease described under paragraphs (a)
135.6and (b) except for noncompliance with the lease agreement.
135.7(d) The commissioner must issue a written receipt to the lessee for each lease payment.
135.8(d) By January 15, 2001, the commissioner of natural resources shall report to the
senate
135.9and house environment and natural resources policy and finance committees on boathouse
135.10leases in state parks. The report shall include information on:
135.11(1) the number of boathouse leases;
135.12(2) the number of leases that have forfeited;
135.13(3) the expiration dates of the leases;
135.14(4) the historical significance of the boathouses;
135.15(5) recommendations on the inclusion of the land described in paragraph (d) within
the
135.16park boundary; and
135.17(6) any other relevant information on the leases.
135.18 (e) The commissioner of natural resources shall contact U.S.X. Corporation and local
135.19units of government regarding the inclusion of the following lands within Soudan
135.20underground mine state park:
135.21 (1) all lands located South of Vermillion Lake shoreline in Section 13, Township 62
135.22North, Range 15 West;
135.23 (2) all lands located South of Vermillion Lake shoreline in the S1/2-SE1/4 of Section
135.2414, Township 62 North, Range 15 West;
135.25 (3) NE1/4-SE1/4 and E1/2-NE1/4 of Section 22, Township 62 North, Range 15 West;
135.26 (4) all lands located South of Vermillion Lake shoreline in Section 23, Township 62
135.27North, Range 15 West;
135.28 (5) all of Section 24, Township 62 North, Range 15 West;
135.29 (6) all lands North of trunk highway No. 169 located in Section 25, Township 62 North,
135.30Range 15 West;
136.1 (7) all lands North of trunk highway No. 169 located in Section 26, Township 62 North,
136.2Range 15 West;
136.3 (8) NE1/4-SE1/4 and SE1/4-NE1/4 of Section 27, Township 62 North, Range 15 West;
136.4and
136.5 (9) NW1/4 of Section 19, Township 62 North, Range 14 West.
136.6EFFECTIVE DATE.This section is effective the day following final enactment and
136.7applies to monthly lease payments made on or after that date.
136.8 Sec. 147. Laws 2013, chapter 114, article 4, section 105, is amended to read:
136.9 Sec. 105. RULES; SILICA SAND.
136.10(a) The commissioner of the Pollution Control Agencyshall may adopt rules pertaining
136.11to the control of particulate emissions from silica sand projects. The rulemaking is exempt
136.12from Minnesota Statutes, section14.125 .
136.13(b) The commissioner of natural resources shall adopt rules pertaining to the reclamation
136.14of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section14.125 .
136.15(c) By January 1, 2014, the Department of Health shall adopt an air quality health-based
136.16value for silica sand.
136.17(d) The Environmental Quality Boardshall may amend its rules for environmental
136.18review, adopted under Minnesota Statutes, chapter 116D, for silica sand mining and
136.19processing to take into account the increased activity in the state and concerns over the size
136.20of specific operations. The Environmental Quality Board shall consider whether the
136.21requirements of Minnesota Statutes, section116C.991 , should remain part of the
136.22environmental review requirements for silica sand and whether the requirements should be
136.23different for different geographic areas of the state. The rulemaking is exempt from Minnesota
136.24Statutes, section14.125 .
136.25 Sec. 148. Laws 2015, First Special Session chapter 4, article 4, section 136, is amended
136.26to read:
136.27 Sec. 136. WILD RICE WATER QUALITY STANDARDS.
136.28(a) Until the commissioner of the Pollution Control Agency amends rules refining the
136.29wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, to consider
136.30all independent research and publicly funded research and to include criteria for identifying
136.31waters and a list of waters subject to the standard, implementation of the wild rice water
137.1quality standard in Minnesota Rules, part 7050.0224, subpart 2, shall be limited to the
137.2following, unless the permittee requests additional conditions:
137.3(1) when issuing, modifying, or renewing national pollutant discharge elimination system
137.4(NPDES) or state disposal system (SDS) permits, the agency shall endeavor to protect wild
137.5rice, and in doing so shall be limited by the following conditions:
137.6(i) the agency shall not require permittees to expend money for design or implementation
137.7of sulfate treatment technologies or other forms of sulfate mitigation; and
137.8(ii) the agency may require sulfate minimization plans in permits; and
137.9(2) the agency shall not list waters containing natural beds of wild rice as impaired for
137.10sulfate under section 303(d) of the federal Clean Water Act, United States Code, title 33,
137.11section 1313, until the rulemaking described in this paragraph takes effect.
137.12(b) Upon the rule described in paragraph (a) taking effect, the agency may reopen permits
137.13issued or reissued after the effective date of this section as needed to include numeric permit
137.14limits based on the wild rice water quality standard.
137.15(c) The commissioner shall complete the rulemaking described in paragraph (a) by
137.16January 15,2018 2019.
137.17 Sec. 149. Laws 2016, chapter 189, article 3, section 26, the effective date, is amended to
137.18read:
137.19EFFECTIVE DATE.This section is effective May 1,2017 2018.
137.20EFFECTIVE DATE.This section is effective retroactively from April 30, 2017.
137.21 Sec. 150. Laws 2016, chapter 189, article 3, section 46, is amended to read:
137.22 Sec. 46. PRESCRIBED BURN REQUIREMENTS; REPORT.
137.23The commissioner of natural resources, in cooperation with prescribed burning
137.24professionals, nongovernmental organizations, and local and federal governments, must
137.25develop criteria for certifying an entity to conduct a prescribed burn undera general an open
137.26burning permit. The certification requirements must include training, equipment, and
137.27experience requirements and include an apprentice program to allow entities without
137.28experience to become certified. The commissioner must establish provisions for decertifying
137.29entities. The commissioner must not require additional certification or requirements for
137.30burns conducted as part of normal agricultural practices not currently subject to prescribed
137.31burn specifications. The commissioner must submit a report with recommendations and
138.1any legislative changes needed to the chairs and ranking minority members of the house of
138.2representatives and senate committees and divisions with jurisdiction over environment and
138.3natural resources by January 15, 2017.
138.4 Sec. 151. DEMOLITION DEBRIS LANDFILL PERMITTING.
138.5A solid waste permit issued by the Pollution Control Agency to an existing class I
138.6demolition debris landfill facility that is operating under the Pollution Control Agency
138.7Demolition Landfill Guidance, issued August 2005, is extended pursuant to Minnesota
138.8Rules, part 7001.0160, for a period of five years, unless a new permit is issued for the facility
138.9by the Pollution Control Agency after the effective date of this section.
138.10EFFECTIVE DATE.This section is effective the day following final enactment.
138.11 Sec. 152. ENVIRONMENTAL QUALITY BOARD MEMBERSHIP TRANSITION.
138.12(a) Until the governor has appointed members of the Environmental Quality Board from
138.13each congressional district as required under this act, this section governs membership of
138.14the board.
138.15(b) The citizen members of the board as of July 1, 2017, shall continue to serve until the
138.16expiration of their terms.
138.17(c) No later than October 1, 2017, the governor shall appoint board members from the
138.18first, second, seventh, and eighth congressional districts for terms to begin January 2, 2018.
138.19(d) No later than October 1, 2018, the governor shall appoint a board member from the
138.20third congressional district for a term to begin January 8, 2019.
138.21(e) No later than October 1, 2019, the governor shall appoint a board member from the
138.22fourth congressional district for a term to begin January 7, 2020.
138.23(f) No later than October 1, 2020, the governor shall appoint a board member from the
138.24fifth congressional district for a term to begin January 5, 2021.
138.25(g) No later than October 1, 2021, the governor shall appoint a commissioner from the
138.26sixth congressional district for a term to begin January 4, 2022.
138.27 Sec. 153. SAND DUNES STATE FOREST MANAGEMENT; PLAN REQUIRED.
138.28 Subdivision 1. Forest management. When managing the Sand Dunes State Forest, the
138.29commissioner of natural resources must:
139.1(1) not convert additional land to oak savanna or convert oak savanna to nonforest land
139.2unless it is done as a result of a contract entered into before the effective date of this section;
139.3(2) require all prairie seeds planted to be from native species of a local ecotype to
139.4Sherburne or Benton County; and
139.5(3) comply with the Minnesota Forest Resources Council's guidelines for aesthetics in
139.6residential areas.
139.7 Subd. 2. Prescribed burns; notification. At least 40 days before conducting a prescribed
139.8burn, the commissioner must:
139.9(1) publish a notice in a newspaper of general circulation in the area;
139.10(2) notify the county and township in writing; and
139.11(3) notify residents within a quarter mile of the prescribed burn in writing.
139.12 Subd. 3. School trust lands. Nothing in this section restricts the ability of the
139.13commissioner or the school trust lands director from managing school trust lands within
139.14the Sand Dunes State Forest for long-term economic return.
139.15 Subd. 4. Township road. If the commissioner of natural resources finds that any portion
139.16of 233rd Avenue within the Sand Dunes State Forest is not owned by the township, the
139.17commissioner must convey an easement over and across state-owned lands administered
139.18by the commissioner to the township under Minnesota Statutes, section 84.63, for the width
139.19of 233rd Avenue.
139.20 Subd. 5. Sunset. This section expires two years from the day following final enactment.
139.21EFFECTIVE DATE.This section is effective the day following final enactment.
139.22 Sec. 154. WATER USE PERMIT AND DATA COLLECTION; APPROPRIATION.
139.23(a) Notwithstanding Minnesota Statutes, sections 84.0895 and 103G.223, or other law
139.24to the contrary, the commissioner of natural resources must issue, upon application, a water
139.25use permit for calcareous fens located in Pipestone County. The permittee must agree to
139.26the following permit conditions:
139.27(1) the permit is for a term of 15 years, but may be revoked after five years if paragraph
139.28(b) applies;
139.29(2) water use under the permit is limited to irrigation of agricultural crops at a rate of
139.30no more than 800 gallons per minute in accordance with an irrigation plan submitted with
139.31the water use permit application;
140.1(3) the permittee must pay for the irrigation system installed during the term of the
140.2permit; and
140.3(4) installation of the irrigation system must minimize disturbance to the existing plant
140.4community in the calcareous fens. The commissioner must provide technical advice for
140.5installation of the irrigation system.
140.6(b) If, at any time after five years of water use, the commissioner determines the
140.7drawdown of water from the fens endangers the continued sustainability of the calcareous
140.8fens, the commissioner may revoke the permit. If the commissioner revokes the permit
140.9before the permit's expiration date, the permittee must be reimbursed for the cost of the
140.10irrigation system, prorated over the full 15-year term of the original permit.
140.11(c) The commissioner must monitor the calcareous fens to collect data on the effects of
140.12water use from the fens for the duration of the permit. If the commissioner concludes that,
140.13based on collected data, the calcareous fens remain viable after 15 years of water use, the
140.14commissioner must renew the water use permit for an additional 15 years, free of the
140.15condition imposed under paragraph (a), clause (1).
140.16 Sec. 155. HILL-ANNEX MINE STATE PARK MANAGEMENT AND OPERATION
140.17PLAN.
140.18(a) The commissioner of natural resources must work with the commissioner of the Iron
140.19Range Resources and Rehabilitation Board and representatives from the city of Calumet,
140.20Itasca County, and the Western Mesabi Mine Planning Board to create an alternate operating
140.21model for local management and operation of Hill-Annex Mine State Park until mining
140.22resumes on the property. The commissioner of natural resources must submit a management
140.23and operation plan to the chairs and ranking minority members of the house of representatives
140.24and senate committees and divisions with jurisdiction over environment and natural resources
140.25by January 15, 2018.
140.26 (b) In fiscal year 2018 and fiscal year 2019, the level of service and hours of operation
140.27at Hill-Annex Mine State Park must be maintained at fiscal year 2016 levels.
140.28 Sec. 156. BASE BUDGET REPORT.
140.29(a) The commissioners of natural resources and the Pollution Control Agency must each
140.30submit a report that contains the details of their base budgets, by fiscal year, including:
140.31(1) appropriation riders for the previous biennium and the year the rider was first used;
140.32(2) anticipated appropriation riders for the fiscal years 2020-2021 biennium;
141.1(3) statutory appropriations; and
141.2(4) an explanation on the use of funds for each appropriation not covered by a rider.
141.3(b) The reports must be submitted to the chairs and ranking minority members of the
141.4house of representatives and senate committees and divisions with jurisdiction over
141.5environment and natural resources by October 15, 2018.
141.6 Sec. 157. RULEMAKING; MINNOW LICENSES.
141.7The commissioner of natural resources shall amend Minnesota Rules, part 6254.0100,
141.8subpart 2, to conform with Minnesota Statutes, section 97C.501, subdivision 1. The
141.9commissioner may use the good cause exemption under Minnesota Statutes, section 14.388,
141.10subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section
141.1114.386, does not apply, except as provided under Minnesota Statutes, section 14.388.
141.12 Sec. 158. CANCELLATION OF PERMITS.
141.13Water-use permits issued before July 1, 2017, for water use exempted under Minnesota
141.14Statutes, section 103G.271, subdivision 1, paragraph (b), clause (3), are canceled effective
141.15July 1, 2017.
141.16 Sec. 159. RULEMAKING; EFFLUENT LIMITATION COMPLIANCE.
141.17(a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
141.18part 7001.0150, subpart 2, item A, by inserting the following:
141.19"For a municipality that constructs a publicly owned treatment works facility to comply
141.20with a new or modified effluent limitation, compliance with any new or modified effluent
141.21limitation adopted after construction begins that would require additional capital investment
141.22is required no sooner than 16 years after the date of initiation of operation of the facility."
141.23(b) The commissioner may use the good cause exemption under Minnesota Statutes,
141.24section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
141.25Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
141.26section 14.388.
141.27 Sec. 160. DISPOSITION OF PROCEEDS; ST. LOUIS COUNTY
141.28ENVIRONMENTAL TRUST FUND.
141.29Notwithstanding Minnesota Statutes, chapter 282, and any other law relating to the
141.30disposition of proceeds from the sale of tax-forfeited land, the St. Louis County Board must
142.1deposit any money received from the sale of tax-forfeited land purchased by the Fond du
142.2Lac Band of Lake Superior Chippewa with money appropriated under Laws 2014, chapter
142.3256, article 1, section 2, subdivision 3, paragraph (a), into an environmental trust fund
142.4established by the county. The principal from the sale of the land may not be expended.
142.5The county may spend interest earned on the principal only for purposes related to improving
142.6natural resources.
142.7EFFECTIVE DATE; LOCAL APPROVAL.This section is effective the day after
142.8the St. Louis County Board and its chief clerical officer timely complete their compliance
142.9with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
142.10 Sec. 161. ACTION TO OBTAIN ACCESS PROHIBITED; CLEARWATER
142.11COUNTY.
142.12Before July 1, 2018, the commissioner of natural resources must not initiate a civil action
142.13or otherwise seek to obtain access to land administered by the commissioner via a private
142.14road connected to County Road 27, located in Clearwater County, Township 147, Range
142.1532 or Range 33.
142.16EFFECTIVE DATE.This section is effective the day following final enactment.
142.17 Sec. 162. REVISOR'S INSTRUCTION.
142.18In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall replace all
142.19references to Minnesota Statutes, section 115B.39, subdivision 2, paragraph (l), with
142.20Minnesota Statutes, section 115B.39, subdivision 2, paragraph (n), and shall make all other
142.21necessary changes to preserve the meaning of the text and to conform with the paragraph
142.22relettering in this act.
142.23 Sec. 163. REPEALER.
142.24(a) Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5;
142.2597C.701, subdivisions 1a and 6; 97C.705; 97C.711; and 116C.04, subdivisions 3 and 4, are
142.26repealed.
142.27(b) Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500;
142.286258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900, are repealed."
142.29Delete the title and insert:
142.31relating to state government; appropriating money for environment, natural
142.32resources, and tourism purposes; modifying fees; providing for disposition of
143.1certain receipts; modifying grant, contract, and lease provisions; modifying state
143.2park permit requirements; modifying water safety provisions; modifying provisions
143.3to take, possess, and transport wildlife; modifying duties and authority; modifying
143.4Minnesota Naturalist Corps provisions; modifying prescribed burn provisions;
143.5modifying timber sales provisions; providing for certain contested case hearings,
143.6appeals, and reviews; modifying landfill cleanup program; modifying tax-forfeited
143.7land provisions; providing for consumer choice in merchant bags; modifying buffer
143.8requirements; providing for riparian protection aid; modifying the Water Law;
143.9modifying invasive species provisions; modifying off-highway vehicle provisions;
143.10modifying permit and license requirements; modifying Petroleum Tank Release
143.11Cleanup Act; extending ban on open air swine basins; modifying environmental
143.12review; modifying Environmental Quality Board; requiring reports; requiring
143.13rulemaking;amending Minnesota Statutes 2016, sections 84.01, by adding a
143.14subdivision; 84.027, subdivisions 14a, 14b, by adding subdivisions; 84.788,
143.15subdivision 2; 84.793, subdivision 1; 84.8031; 84.82, subdivision 2; 84.925,
143.16subdivision 1; 84.9256, subdivisions 1, 2; 84.946, subdivision 2, by adding a
143.17subdivision; 84.992, subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 84D.04,
143.18subdivision 1; 84D.05, subdivision 1; 84D.108, subdivision 2a, by adding
143.19subdivisions; 84D.11, by adding a subdivision; 85.052, subdivision 1; 85.053,
143.20subdivisions 8, 10; 85.054, by adding a subdivision; 85.055, subdivision 1; 85.22,
143.21subdivision 2a; 85.32, subdivision 1; 86B.301, subdivision 2; 86B.313, subdivision
143.221; 86B.701, subdivision 3; 88.01, subdivision 28; 88.523; 89.39; 90.01, subdivisions
143.238, 12, by adding a subdivision; 90.041, subdivision 2; 90.051; 90.101, subdivision
143.242; 90.14; 90.145, subdivision 2; 90.151, subdivision 1; 90.162; 90.252; 93.25,
143.25subdivision 2; 93.47, subdivision 4; 93.481, subdivision 2; 93.50; 94.343,
143.26subdivision 9; 94.344, subdivision 9; 97A.015, subdivisions 39, 43, 45, 52, 53, by
143.27adding a subdivision; 97A.045, subdivision 10; 97A.055, subdivision 2; 97A.075,
143.28subdivision 1; 97A.137, subdivision 5; 97A.201, subdivision 2, by adding a
143.29subdivision; 97A.225, subdivision 8; 97A.301, subdivision 1; 97A.338; 97A.420,
143.30subdivision 1; 97A.421, subdivision 2a; 97A.441, subdivision 1; 97B.031,
143.31subdivision 6; 97B.071; 97B.405; 97B.431; 97B.516; 97B.655, subdivision 1;
143.3297C.315, subdivision 1; 97C.355, subdivision 2a; 97C.401, subdivision 2; 97C.501,
143.33subdivision 1; 97C.515, subdivision 2; 97C.701, by adding a subdivision; 103B.101,
143.34subdivision 12a; 103F.411, subdivision 1; 103F.48, subdivisions 1, 3, 7; 103G.005,
143.35subdivisions 10b, 10h, by adding a subdivision; 103G.222, subdivisions 1, 3;
143.36103G.223; 103G.2242, subdivisions 1, 2; 103G.2372, subdivision 1; 103G.271,
143.37subdivisions 1, 6, 6a, 7, by adding a subdivision; 103G.287, subdivisions 1, 4;
143.38103G.411; 114D.25, by adding a subdivision; 115B.39, subdivision 2; 115B.40,
143.39subdivision 4; 115C.021, subdivision 1, by adding a subdivision; 116.03,
143.40subdivision 2b, by adding subdivisions; 116.07, subdivision 4d, by adding
143.41subdivisions; 116.0714; 116C.03, subdivision 2; 116C.04, subdivision 2; 116D.04,
143.42subdivisions 2a, 10; 116D.045, subdivision 1; 160.06; 168.1295, subdivision 1;
143.43282.018, subdivision 1; 282.04, subdivision 1; 296A.18, subdivision 6a; Laws
143.442000, chapter 486, section 4, as amended; Laws 2013, chapter 114, article 4, section
143.45105; Laws 2015, First Special Session chapter 4, article 4, section 136; Laws 2016,
143.46chapter 189, article 3, sections 6; 26; 46; proposing coding for new law in
143.47Minnesota Statutes, chapters 85; 93; 97B; 115; 115B; 116; 471; 477A; repealing
143.48Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5;
143.4997C.701, subdivisions 1a, 6; 97C.705; 97C.711; 116C.04, subdivisions 3, 4;
143.50Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500;
143.516258.0600; 6258.0700, subparts 1, 4, 5; 6258.0800; 6258.0900."
1.3relating to state government; appropriating money for environment, natural
1.4resources, and tourism purposes; modifying fees; creating accounts; providing for
1.5disposition of certain receipts; modifying grant, contract, and lease provisions;
1.6modifying water safety provisions; modifying provisions to take, possess, and
1.7transport wildlife; modifying duties and authority; providing for no net gain of
1.8state lands; modifying buffer requirements; modifying wetland provisions;
1.9modifying invasive species provisions; modifying off-highway vehicle provisions;
1.10modifying permit and license requirements; modifying Petroleum Tank Release
1.11Cleanup Act; extending ban on open air swine basins; modifying environmental
1.12review; modifying Environmental Quality Board; requiring reports; requiring
1.13rulemaking;amending Minnesota Statutes 2016, sections 84.01, by adding a
1.14subdivision; 84.027, subdivisions 14a, 14b, by adding subdivisions; 84.788,
1.15subdivision 2; 84.793, subdivision 1; 84.82, subdivision 2; 84.925, subdivision 1;
1.1684.9256, subdivisions 1, 2; 84.946, subdivision 2, by adding a subdivision; 84.992,
1.17subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 84D.04, subdivision 1; 84D.05,
1.18subdivision 1; 84D.108, subdivision 2a, by adding a subdivision; 84D.11, by adding
1.19a subdivision; 85.052, subdivision 1; 85.054, by adding a subdivision; 85.055,
1.20subdivision 1; 85.22, subdivision 2a; 85.32, subdivision 1; 86B.313, subdivision
1.211; 86B.511; 86B.701, subdivision 3; 88.01, subdivision 28; 88.523; 89.39; 90.01,
1.22subdivisions 8, 12, by adding a subdivision; 90.041, subdivision 2; 90.051; 90.101,
1.23subdivision 2; 90.14; 90.145, subdivision 2; 90.151, subdivision 1; 90.162; 90.252;
1.2493.47, subdivision 4; 93.481, subdivision 2; 93.50; 94.343, subdivision 9; 94.344,
1.25subdivision 9; 97A.015, subdivisions 39, 43, 45, 52, 53; 97A.045, subdivision 10;
1.2697A.075, subdivision 1; 97A.137, subdivision 5; 97A.201, subdivision 2, by adding
1.27a subdivision; 97A.301, subdivision 1; 97A.338; 97A.420, subdivision 1; 97A.421,
1.28subdivision 2a; 97B.031, subdivision 6; 97B.516; 97B.655, subdivision 1; 97C.401,
1.29subdivision 2; 97C.501, subdivision 1; 97C.701, by adding a subdivision; 103B.101,
1.30subdivision 12a; 103F.411, subdivision 1; 103F.48, subdivisions 1, 3, 7; 103G.005,
1.31subdivisions 10b, 10h, by adding a subdivision; 103G.222, subdivisions 1, 3;
1.32103G.2242, subdivision 2; 103G.2372, subdivision 1; 103G.271, subdivisions 1,
1.336, 6a, 7, by adding a subdivision; 103G.287, subdivisions 1, 4; 103G.411; 114D.25,
1.34by adding a subdivision; 115B.41, subdivision 1; 115B.421; 115C.021, subdivision
1.351, by adding a subdivision; 116.03, subdivision 2b, by adding subdivisions; 116.07,
1.36subdivision 4d, by adding subdivisions; 116.0714; 116C.03, subdivision 2; 116C.04,
1.37subdivision 2; 116D.04, subdivisions 2a, 10; 116D.045, subdivision 1; 160.06;
1.38168.1295, subdivision 1; 296A.18, subdivision 6a; Laws 2013, chapter 114, article
1.394, section 105; Laws 2015, First Special Session chapter 4, article 4, section 136;
1.40Laws 2016, chapter 189, article 3, sections 6; 26; 46; proposing coding for new
1.41law in Minnesota Statutes, chapters 15; 85; 93; 97B; 115; 115B; repealing
1.42Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5;
2.197C.701, subdivisions 1a, 6; 97C.705; 97C.711; 116C.04, subdivisions 3, 4;
2.2Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500;
2.36258.0600; 6258.0700, subparts 1, 4, 5; 6258.0800; 6258.0900.
2.4May 8, 2017
2.5The Honorable Kurt L. Daudt
2.6Speaker of the House of Representatives
2.7The Honorable Michelle L. Fischbach
2.8President of the Senate
2.9We, the undersigned conferees for H. F. No. 888 report that we have agreed upon the
2.10items in dispute and recommend as follows:
2.11That the Senate recede from its amendment and that H. F. No. 888 be further amended
2.12as follows:
2.13Delete everything after the enacting clause and insert:
| 2.16 |
Section 1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. |
||||||
2.18and for the purposes specified in this article. The appropriations are from the general fund,
2.19or another named fund, and are available for the fiscal years indicated for each purpose.
2.20The figures "2018" and "2019" used in this article mean that the appropriations listed under
2.21them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
2.22"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
2.23is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are
2.24effective the day following final enactment.
| 2.25 |
APPROPRIATIONS |
||||||
| 2.26 |
Available for the Year |
||||||
| 2.27 |
Ending June 30 |
||||||
| 2.28 |
2018 |
2019 |
|||||
| 2.29 |
Sec. 2. POLLUTION CONTROL AGENCY |
||||||
| 2.30 |
Subdivision 1.Total Appropriation |
$ |
96,036,000 |
$ |
91,666,000 |
||
3.5purpose are specified in the following
3.6subdivisions.
3.7The commissioner must present the agency's
3.8biennial budget for fiscal years 2020 and 2021
3.9to the legislature in a transparent way by
3.10agency division, including the proposed
3.11budget bill and presentations of the budget to
3.12committees and divisions with jurisdiction
3.13over the agency's budget.
| 3.14 |
Subd. 2.Environmental Analysis and Outcomes |
12,547,000 |
12,497,000 |
||||
| 3.15 |
Appropriations by Fund |
||
| 3.16 |
2018 |
2019 |
|
| 3.17 |
Environmental |
12,366,000 |
12,316,000 |
| 3.18 |
Remediation |
181,000 |
181,000 |
3.20second year are from the environmental fund
3.21for:
3.22(1) a municipal liaison to assist municipalities
3.23in implementing and participating in the
3.24water-quality standards rulemaking process
3.25and navigating the NPDES/SDS permitting
3.26process;
3.27(2) enhanced economic analysis in the
3.28water-quality standards rulemaking process,
3.29including more-specific analysis and
3.30identification of cost-effective permitting;
3.31(3) developing statewide economic analyses
3.32and templates to reduce the amount of
3.33information and time required for
4.1municipalities to apply for variances from
4.2water-quality standards; and
4.3(4) coordinating with the Public Facilities
4.4Authority to identify and advocate for the
4.5resources needed for municipalities to achieve
4.6permit requirements.
4.7(b) $204,000 the first year and $204,000 the
4.8second year are from the environmental fund
4.9for a monitoring program under Minnesota
4.10Statutes, section 116.454.
4.11(c) $346,000 the first year and $346,000 the
4.12second year are from the environmental fund
4.13for monitoring ambient air for hazardous
4.14pollutants.
4.15(d) $90,000 the first year and $90,000 the
4.16second year are from the environmental fund
4.17for duties related to harmful chemicals in
4.18children's products under Minnesota Statutes,
4.19sections 116.9401 to 116.9407. Of this
4.20amount, $57,000 each year is transferred to
4.21the commissioner of health.
4.22(e) $109,000 the first year and $109,000 the
4.23second year are from the environmental fund
4.24for registration of wastewater laboratories.
4.25(f) $913,000 the first year and $913,000 the
4.26second year are from the environmental fund
4.27to continue perfluorochemical biomonitoring
4.28in eastern-metropolitan communities, as
4.29recommended by the Environmental Health
4.30Tracking and Biomonitoring Advisory Panel,
4.31and address other environmental health risks,
4.32including air quality. The communities must
4.33include Hmong and other immigrant farming
4.34communities. Of this amount, up to $677,000
5.1the first year and $677,000 the second year
5.2are for transfer to the Department of Health.
5.3(g) $100,000 the first year and $50,000 the
5.4second year are from the environmental fund
5.5for impaired waters listing procedures required
5.6under this act.
| 5.7 |
Subd. 3.Industrial |
13,509,000 |
13,508,000 |
||||
| 5.8 |
Appropriations by Fund |
||
| 5.9 |
2018 |
2019 |
|
| 5.10 |
Environmental |
12,979,000 |
12,978,000 |
| 5.11 |
Remediation |
530,000 |
530,000 |
5.13second year are from the remediation fund for
5.14the leaking underground storage tank program
5.15to investigate, clean up, and prevent future
5.16releases from underground petroleum storage
5.17tanks and to the petroleum remediation
5.18program for vapor assessment and
5.19remediation. These same annual amounts are
5.20transferred from the petroleum tank fund to
5.21the remediation fund.
| 5.22 |
Subd. 4.Municipal |
6,625,000 |
6,624,000 |
||||
5.24second year are from the environmental fund
5.25for:
5.26(1) a municipal liaison to assist municipalities
5.27in implementing and participating in the
5.28water-quality standards rulemaking process
5.29and navigating the NPDES/SDS permitting
5.30process;
5.31(2) enhanced economic analysis in the
5.32water-quality standards rulemaking process,
5.33including more specific analysis and
5.34identification of cost-effective permitting;
6.1(3) development of statewide economic
6.2analyses and templates to reduce the amount
6.3of information and time required for
6.4municipalities to apply for variances from
6.5water quality standards; and
6.6(4) coordinating with the Public Facilities
6.7Authority to identify and advocate for the
6.8resources needed for municipalities to achieve
6.9permit requirements.
6.10(b) $50,000 the first year and $50,000 the
6.11second year are from the environmental fund
6.12for transfer to the Office of Administrative
6.13Hearings to establish sanitary districts.
6.14(c) $615,000 the first year and $614,000 the
6.15second year are from the environmental fund
6.16for subsurface sewage treatment system
6.17(SSTS) program administration and
6.18community technical assistance and education,
6.19including grants and technical assistance to
6.20communities for water-quality protection. Of
6.21this amount, $129,000 each year is for
6.22assistance to counties through grants for SSTS
6.23program administration. A county receiving
6.24a grant from this appropriation must submit
6.25the results achieved with the grant to the
6.26commissioner as part of its annual SSTS
6.27report. Any unexpended balance in the first
6.28year does not cancel but is available in the
6.29second year.
6.30(d) $639,000 the first year and $640,000 the
6.31second year are from the environmental fund
6.32to address the need for continued increased
6.33activity in the areas of new technology review,
6.34technical assistance for local governments,
6.35and enforcement under Minnesota Statutes,
7.1sections 115.55 to 115.58, and to complete the
7.2requirements of Laws 2003, chapter 128,
7.3article 1, section 165.
7.4(e) Notwithstanding Minnesota Statutes,
7.5section 16A.28, the appropriations
7.6encumbered on or before June 30, 2019, as
7.7grants or contracts for subsurface sewage
7.8treatment systems, surface water and
7.9groundwater assessments, storm water, and
7.10water-quality protection in this subdivision
7.11are available until June 30, 2022.
| 7.12 |
Subd. 5.Operations |
5,339,000 |
5,040,000 |
||||
| 7.13 |
Appropriations by Fund |
||
| 7.14 |
2018 |
2019 |
|
| 7.15 |
Environmental |
4,575,000 |
4,275,000 |
| 7.16 |
Remediation |
764,000 |
765,000 |
7.18second year are from the remediation fund for
7.19purposes of the leaking underground storage
7.20tank program to investigate, clean up, and
7.21prevent future releases from underground
7.22petroleum storage tanks, and to the petroleum
7.23remediation program for vapor assessment
7.24and remediation. These same annual amounts
7.25are transferred from the petroleum tank fund
7.26to the remediation fund.
7.27(b) $400,000 the first year and $400,000 the
7.28second year are from the environmental fund
7.29to develop and maintain systems to support
7.30permitting and regulatory business processes
7.31and agency data.
7.32(c) $300,000 the first year is from the
7.33environmental fund for a grant to the
7.34Metropolitan Council under Minnesota
7.35Statutes, section 116.195, for wastewater
8.1infrastructure to support waste to biofuel
8.2development. This is a onetime appropriation
8.3and is available until June 30, 2019.
| 8.4 |
Subd. 6.Remediation |
14,645,000 |
10,644,000 |
||||
| 8.5 |
Appropriations by Fund |
||
| 8.6 |
2018 |
2019 |
|
| 8.7 |
Environmental |
904,000 |
904,000 |
| 8.8 |
Remediation |
9,741,000 |
9,740,000 |
| 8.9 8.10 |
Closed Landfill Investment |
4,000,000 |
-0- |
8.12compensation, and compliance in the
8.13remediation fund not otherwise appropriated
8.14is appropriated to the commissioners of the
8.15Pollution Control Agency and agriculture for
8.16purposes of Minnesota Statutes, section
8.17115B.20, subdivision 2, clauses (1), (2), (3),
8.18(6), and (7). At the beginning of each fiscal
8.19year, the two commissioners shall jointly
8.20submit an annual spending plan to the
8.21commissioner of management and budget that
8.22maximizes the use of resources and
8.23appropriately allocates the money between the
8.24two departments. This appropriation is
8.25available until June 30, 2019.
8.26(b) $432,000 the first year and $432,000 the
8.27second year are from the environmental fund
8.28to manage contaminated sediment projects at
8.29multiple sites identified in the St. Louis River
8.30remedial action plan to restore water quality
8.31in the St. Louis River area of concern. The
8.32base budget for fiscal year 2020 is $432,000
8.33and for fiscal year 2021 is $0.
8.34(c) $3,521,000 the first year and $3,520,000
8.35the second year are from the remediation fund
9.1for purposes of the leaking underground
9.2storage tank program to investigate, clean up,
9.3and prevent future releases from underground
9.4petroleum storage tanks, and to the petroleum
9.5remediation program for purposes of vapor
9.6assessment and remediation. These same
9.7annual amounts are transferred from the
9.8petroleum tank fund to the remediation fund.
9.9(d) $252,000 the first year and $252,000 the
9.10second year are from the remediation fund for
9.11transfer to the commissioner of health for
9.12private water-supply monitoring and health
9.13assessment costs in areas contaminated by
9.14unpermitted mixed municipal solid waste
9.15disposal facilities and drinking water
9.16advisories and public information activities
9.17for areas contaminated by hazardous releases.
9.18(e) Notwithstanding Minnesota Statutes,
9.19section 115B.421, $4,000,000 the first year is
9.20from the closed landfill investment fund for
9.21remedial investigations, feasibility studies,
9.22engineering, and cleanup-related activities for
9.23purposes of environmental response actions
9.24at a priority qualified facility under Minnesota
9.25Statutes, section 115B.406. By January 15,
9.262018, the commissioner must submit a status
9.27report to the chairs and ranking minority
9.28members of the house of representatives and
9.29senate committees and divisions with
9.30jurisdiction over the environment and natural
9.31resources. This is a onetime appropriation and
9.32is available until June 30, 2019.
| 9.33 |
Subd. 7.Resource Management and Assistance |
33,137,000 |
33,119,000 |
||||
| 9.34 |
Appropriations by Fund |
||
| 9.35 |
2018 |
2019 |
|
| 10.1 10.2 |
State Government Special Revenue |
75,000 |
75,000 |
| 10.3 |
Environmental |
33,062,000 |
33,044,000 |
10.5the second year may be transferred from the
10.6environmental fund to the small business
10.7environmental improvement loan account
10.8established in Minnesota Statutes, section
10.9116.993.
10.10(b) $500,000 the first year and $500,000 the
10.11second year are from the environmental fund
10.12for competitive recycling grants under
10.13Minnesota Statutes, section 115A.565. This
10.14appropriation is available until June 30, 2021.
10.15Any unencumbered grant and loan balances
10.16in the first year do not cancel but are available
10.17for grants and loans in the second year.
10.18(c) $693,000 the first year and $693,000 the
10.19second year are from the environmental fund
10.20for emission reduction activities and grants to
10.21small businesses and other nonpoint emission
10.22reduction efforts. Any unencumbered grant
10.23and loan balances in the first year do not
10.24cancel but are available for grants and loans
10.25in the second year.
10.26(d) $19,750,000 the first year and $19,750,000
10.27the second year are from the environmental
10.28fund for SCORE block grants to counties.
10.29(e) $119,000 the first year and $119,000 the
10.30second year are from the environmental fund
10.31for environmental assistance grants or loans
10.32under Minnesota Statutes, section 115A.0716.
10.33Any unencumbered grant and loan balances
10.34in the first year do not cancel but are available
10.35for grants and loans in the second year.
11.1(f) $68,000 the first year and $69,000 the
11.2second year are from the environmental fund
11.3for subsurface sewage treatment system
11.4(SSTS) program administration and
11.5community technical assistance and education,
11.6including grants and technical assistance to
11.7communities for water-quality protection.
11.8(g) $125,000 the first year and $126,000 the
11.9second year are from the environmental fund
11.10to address the need for continued increased
11.11activity in the areas of new technology review,
11.12technical assistance for local governments,
11.13and enforcement under Minnesota Statutes,
11.14sections 115.55 to 115.58, and to complete the
11.15requirements of Laws 2003, chapter 128,
11.16article 1, section 165.
11.17(h) All money deposited in the environmental
11.18fund for the metropolitan solid waste landfill
11.19fee in accordance with Minnesota Statutes,
11.20section 473.843, and not otherwise
11.21appropriated, is appropriated for the purposes
11.22of Minnesota Statutes, section 473.844.
11.23(i) Notwithstanding Minnesota Statutes,
11.24section 16A.28, the appropriations
11.25encumbered on or before June 30, 2019, as
11.26contracts or grants for environmental
11.27assistance awarded under Minnesota Statutes,
11.28section 115A.0716; technical and research
11.29assistance under Minnesota Statutes, section
11.30115A.152; technical assistance under
11.31Minnesota Statutes, section 115A.52; and
11.32pollution prevention assistance under
11.33Minnesota Statutes, section 115D.04, are
11.34available until June 30, 2021.
12.1(j) $20,000 the first year is from the
12.2environmental fund for four grants to local
12.3units of government to assist with plastic bag
12.4recycling efforts. Two of the grants must be
12.5for local units of government in urban areas
12.6and two of the grants to local units of
12.7government in rural areas of the state. By
12.8January 15, 2018, grantees shall report to the
12.9commissioner on the activities and results of
12.10their efforts to increase plastic bag recycling.
12.11This is a onetime appropriation.
| 12.12 |
Subd. 8.Watershed |
9,220,000 |
9,220,000 |
||||
| 12.13 |
Appropriations by Fund |
||
| 12.14 |
2018 |
2019 |
|
| 12.15 |
Environmental |
9,002,000 |
9,002,000 |
| 12.16 |
Remediation |
218,000 |
218,000 |
12.18the second year are from the environmental
12.19fund for grants to delegated counties to
12.20administer the county feedlot program under
12.21Minnesota Statutes, section 116.0711,
12.22subdivisions 2 and 3. Money remaining after
12.23the first year is available for the second year.
12.24(b) $207,000 the first year and $207,000 the
12.25second year are from the environmental fund
12.26for the costs of implementing general
12.27operating permits for feedlots over 1,000
12.28animal units.
12.29(c) $118,000 the first year and $118,000 the
12.30second year are from the remediation fund for
12.31purposes of the leaking underground storage
12.32tank program to investigate, clean up, and
12.33prevent future releases from underground
12.34petroleum storage tanks, and to the petroleum
12.35remediation program for vapor assessment
13.1and remediation. These same annual amounts
13.2are transferred from the petroleum tank fund
13.3to the remediation fund.
| 13.4 |
Subd. 9.Environmental Quality Board |
1,014,000 |
1,014,000 |
||||
13.6second year are from the environmental fund
13.7for Environmental Quality Board operations
13.8and support.
13.9(b) $503,000 the first year and $503,000 the
13.10second year are from the environmental fund
13.11for the Environmental Quality Board to lead
13.12an interagency team to provide technical
13.13assistance regarding the mining, processing,
13.14and transporting of silica sand. Of this amount,
13.15up to $75,000 each year may be transferred to
13.16the commissioner of natural resources to
13.17review the implementation of the rules adopted
13.18by the commissioner pursuant to Laws 2013,
13.19chapter 114, article 4, section 105, paragraph
13.20(b), pertaining to the reclamation of silica sand
13.21mines, to ensure that local government
13.22reclamation programs are implemented in a
13.23manner consistent with the rules.
| 13.24 |
Subd. 10.Transfers |
||||||
13.26$34,000,000 from the environmental fund to
13.27the remediation fund for the purposes of the
13.28remediation fund under Minnesota Statutes,
13.29section 116.155, subdivision 2.
13.30(b) The commissioner shall transfer
13.31$2,800,000 in fiscal year 2018 and $2,500,000
13.32in fiscal year 2019 and each year thereafter
13.33from the environmental fund in Minnesota
13.34Statutes, section 16A.531, to the commissioner
14.1of management and budget for deposit in the
14.2general fund.
| 14.3 |
Sec. 3. NATURAL RESOURCES |
||||||
| 14.4 |
Subdivision 1.Total Appropriation |
$ |
273,360,000 |
$ |
270,668,000 |
||
14.13purpose are specified in the following
14.14subdivisions.
| 14.15 14.16 |
Subd. 2.Land and Mineral Resources Management |
5,646,000 |
5,646,000 |
||||
| 14.17 |
Appropriations by Fund |
||
| 14.18 |
2018 |
2019 |
|
| 14.19 |
General |
1,710,000 |
1,710,000 |
| 14.20 |
Natural Resources |
3,392,000 |
3,392,000 |
| 14.21 |
Game and Fish |
344,000 |
344,000 |
| 14.22 |
Permanent School |
200,000 |
200,000 |
14.24second year are for environmental research
14.25relating to mine permitting, of which $200,000
14.26each year is from the minerals management
14.27account and $119,000 each year is from the
14.28general fund.
14.29(b) $2,815,000 the first year and $2,815,000
14.30the second year are from the minerals
14.31management account in the natural resources
14.32fund for use as provided in Minnesota Statutes,
14.33section 93.2236, paragraph (c), for mineral
14.34resource management, projects to enhance
15.1future mineral income, and projects to promote
15.2new mineral resource opportunities.
15.3(c) $200,000 the first year and $200,000 the
15.4second year are from the state forest suspense
15.5account in the permanent school fund to secure
15.6maximum long-term economic return from
15.7the school trust lands consistent with fiduciary
15.8responsibilities and sound natural resources
15.9conservation and management principles.
15.10(d) $125,000 the first year and $125,000 the
15.11second year are for conservation easement
15.12stewardship.
| 15.13 |
Subd. 3.Ecological and Water Resources |
32,930,000 |
32,763,000 |
||||
| 15.14 |
Appropriations by Fund |
||
| 15.15 |
2018 |
2019 |
|
| 15.16 |
General |
17,213,000 |
17,046,000 |
| 15.17 |
Natural Resources |
10,826,000 |
10,826,000 |
| 15.18 |
Game and Fish |
4,891,000 |
4,891,000 |
15.20the second year are from the invasive species
15.21account in the natural resources fund and
15.22$3,206,000 the first year and $3,206,000 the
15.23second year are from the general fund for
15.24management, public awareness, assessment
15.25and monitoring research, and water access
15.26inspection to prevent the spread of invasive
15.27species; management of invasive plants in
15.28public waters; and management of terrestrial
15.29invasive species on state-administered lands.
15.30(b) $5,000,000 the first year and $5,000,000
15.31the second year are from the water
15.32management account in the natural resources
15.33fund for only the purposes specified in
15.34Minnesota Statutes, section 103G.27,
15.35subdivision 2.
16.1(c) $124,000 the first year and $124,000 the
16.2second year are for a grant to the Mississippi
16.3Headwaters Board for up to 50 percent of the
16.4cost of implementing the comprehensive plan
16.5for the upper Mississippi within areas under
16.6the board's jurisdiction.
16.7(d) $10,000 the first year and $10,000 the
16.8second year are for payment to the Leech Lake
16.9Band of Chippewa Indians to implement the
16.10band's portion of the comprehensive plan for
16.11the upper Mississippi.
16.12(e) $264,000 the first year and $264,000 the
16.13second year are for grants for up to 50 percent
16.14of the cost of implementation of the Red River
16.15mediation agreement.
16.16(f) $2,018,000 the first year and $2,018,000
16.17the second year are from the heritage
16.18enhancement account in the game and fish
16.19fund for only the purposes specified in
16.20Minnesota Statutes, section 297A.94,
16.21paragraph (e), clause (1).
16.22(g) $950,000 the first year and $950,000 the
16.23second year are from the nongame wildlife
16.24management account in the natural resources
16.25fund for the purpose of nongame wildlife
16.26management. Notwithstanding Minnesota
16.27Statutes, section 290.431, $100,000 the first
16.28year and $100,000 the second year may be
16.29used for nongame wildlife information,
16.30education, and promotion.
16.31(h) Notwithstanding Minnesota Statutes,
16.32section 84.943, $13,000 the first year and
16.33$13,000 the second year from the critical
16.34habitat private sector matching account may
17.1be used to publicize the critical habitat license
17.2plate match program.
17.3(i) $6,000,000 the first year and $6,000,000
17.4the second year are from the general fund for
17.5the following activities:
17.6(1) financial reimbursement and technical
17.7support to soil and water conservation districts
17.8or other local units of government for
17.9groundwater level monitoring;
17.10(2) surface water monitoring and analysis,
17.11including installation of monitoring gauges;
17.12(3) groundwater analysis to assist with water
17.13appropriation permitting decisions;
17.14(4) permit application review incorporating
17.15surface water and groundwater technical
17.16analysis;
17.17(5) precipitation data and analysis to improve
17.18the use of irrigation;
17.19(6) information technology, including
17.20electronic permitting and integrated data
17.21systems; and
17.22(7) compliance and monitoring.
17.23(j) $167,000 the first year is for a grant to the
17.24Koronis Lake Association for purposes of
17.25removing and preventing aquatic invasive
17.26species. This is a onetime appropriation and
17.27is available until June 30, 2022.
17.28(k) $250,000 the first year and $250,000 the
17.29second year are from the water management
17.30account in the natural resources fund for
17.31economic impact analysis of groundwater
17.32management area and water appropriation
17.33permit plans required under Minnesota
18.1Statutes, sections 103G.271, subdivision 8,
18.2and 103G.287, subdivision 4.
18.3(l) $410,000 the first year and $410,000 the
18.4second year are from the heritage enhancement
18.5account in the game and fish fund for grants
18.6to the Minnesota Aquatic Invasive Species
18.7Research Center at the University of
18.8Minnesota to prioritize, support, and develop
18.9research-based solutions that can reduce the
18.10effects of aquatic invasive species in
18.11Minnesota by preventing spread, controlling
18.12populations, and managing ecosystems and to
18.13advance knowledge to inspire action by others.
| 18.14 |
Subd. 4.Forest Management |
45,781,000 |
45,281,000 |
||||
| 18.15 |
Appropriations by Fund |
||
| 18.16 |
2018 |
2019 |
|
| 18.17 |
General |
28,350,000 |
28,350,000 |
| 18.18 |
Natural Resources |
16,144,000 |
15,644,000 |
| 18.19 |
Game and Fish |
1,287,000 |
1,287,000 |
18.21the second year are for prevention,
18.22presuppression, and suppression costs of
18.23emergency firefighting and other costs
18.24incurred under Minnesota Statutes, section
18.2588.12. The amount necessary to pay for
18.26presuppression and suppression costs during
18.27the biennium is appropriated from the general
18.28fund. By January 15 of each year, the
18.29commissioner of natural resources shall submit
18.30a report to the chairs and ranking minority
18.31members of the house and senate committees
18.32and divisions having jurisdiction over
18.33environment and natural resources finance,
18.34identifying all firefighting costs incurred and
18.35reimbursements received in the prior fiscal
19.1year. These appropriations may not be
19.2transferred. Any reimbursement of firefighting
19.3expenditures made to the commissioner from
19.4any source other than federal mobilizations
19.5must be deposited into the general fund.
19.6(b) $11,644,000 the first year and $11,644,000
19.7the second year are from the forest
19.8management investment account in the natural
19.9resources fund for only the purposes specified
19.10in Minnesota Statutes, section 89.039,
19.11subdivision 2.
19.12(c) $1,287,000 the first year and $1,287,000
19.13the second year are from the heritage
19.14enhancement account in the game and fish
19.15fund to advance ecological classification
19.16systems (ECS) scientific management tools
19.17for forest and invasive species management.
19.18(d) $780,000 the first year and $780,000 the
19.19second year are for the Forest Resources
19.20Council to implement the Sustainable Forest
19.21Resources Act.
19.22(e) $500,000 the first year is from the forest
19.23management investment account in the natural
19.24resources fund for a study of the ability to
19.25sustainably harvest at least 1,000,000 cords
19.26of wood annually on state-administered forest
19.27lands. No later than January 2, 2018, the
19.28commissioner must report the study's findings
19.29to the legislative committees with jurisdiction
19.30over environment and natural resources policy
19.31and finance. This is a onetime appropriation.
19.32(f) $2,000,000 the first year and $2,000,000
19.33the second year are from the forest
19.34management investment account in the natural
20.1resources fund for state forest reforestation.
20.2The base from the forest management
20.3investment account in the natural resources
20.4fund for fiscal year 2020 and later is
20.5$1,250,000.
20.6(g) $2,000,000 the first year and $2,000,000
20.7the second year are from the forest
20.8management investment account in the natural
20.9resources fund for the Next Generation Core
20.10Forestry data system. The appropriation is
20.11available until June 30, 2021. The base from
20.12the forest management investment account in
20.13the natural resources fund for fiscal year 2020
20.14and later is $500,000.
20.15(h) The base for the natural resources fund in
20.16fiscal year 2020 and later is $13,394,000.
| 20.17 |
Subd. 5.Parks and Trails Management |
79,805,000 |
79,750,000 |
||||
| 20.18 |
Appropriations by Fund |
||
| 20.19 |
2018 |
2019 |
|
| 20.20 |
General |
25,182,000 |
24,927,000 |
| 20.21 |
Natural Resources |
52,350,000 |
52,550,000 |
| 20.22 |
Game and Fish |
2,273,000 |
2,273,000 |
20.24the second year are from the water recreation
20.25account in the natural resources fund for
20.26enhancing public water-access facilities.
20.27(b) $5,740,000 the first year and $5,740,000
20.28the second year are from the natural resources
20.29fund for state trail, park, and recreation area
20.30operations. This appropriation is from the
20.31revenue deposited in the natural resources fund
20.32under Minnesota Statutes, section 297A.94,
20.33paragraph (e), clause (2).
21.1(c) $17,350,000 the first year and $17,750,000
21.2the second year are from the state parks
21.3account in the natural resources fund for state
21.4park and state recreation area operation and
21.5maintenance.
21.6(d) $1,005,000 the first year and $1,005,000
21.7the second year are from the natural resources
21.8fund for park and trail grants to local units of
21.9government on land to be maintained for at
21.10least 20 years for the purposes of the grants.
21.11This appropriation is from the revenue
21.12deposited in the natural resources fund under
21.13Minnesota Statutes, section 297A.94,
21.14paragraph (e), clause (4). Any unencumbered
21.15balance does not cancel at the end of the first
21.16year and is available for the second year.
21.17(e) $130,000 the first year is from the general
21.18fund, and $8,424,000 the first year and
21.19$8,424,000 the second year are from the
21.20snowmobile trails and enforcement account
21.21in the natural resources fund for the
21.22snowmobile grants-in-aid program. Any
21.23unencumbered balance does not cancel at the
21.24end of the first year and is available for the
21.25second year.
21.26(f) $1,685,000 the first year and $1,685,000
21.27the second year are from the natural resources
21.28fund for the off-highway vehicle grants-in-aid
21.29program. Of this amount, $1,210,000 the first
21.30year and $1,210,000 the second year are from
21.31the all-terrain vehicle account; $150,000 each
21.32year is from the off-highway motorcycle
21.33account; and $325,000 each year is from the
21.34off-road vehicle account. Any unencumbered
22.1balance does not cancel at the end of the first
22.2year and is available for the second year.
22.3(g) $75,000 the first year and $75,000 the
22.4second year are from the cross-country ski
22.5account in the natural resources fund for
22.6grooming and maintaining cross-country ski
22.7trails in state parks, trails, and recreation areas.
22.8(h) $250,000 the first year and $250,000 the
22.9second year are from the state land and water
22.10conservation account in the natural resources
22.11fund for priorities established by the
22.12commissioner for eligible state projects and
22.13administrative and planning activities
22.14consistent with Minnesota Statutes, section
22.1584.0264, and the federal Land and Water
22.16Conservation Fund Act. Any unencumbered
22.17balance does not cancel at the end of the first
22.18year and is available for the second year.
22.19(i) $150,000 the first year is from the
22.20all-terrain vehicle account in the natural
22.21resources fund for a grant to the city of Orr to
22.22predesign, design, and construct the Voyageur
22.23all-terrain vehicle trail system, including:
22.24(1) design of the alignment for phase I of the
22.25Voyageur all-terrain vehicle trail system and
22.26development of a preliminary phase II
22.27alignment;
22.28(2) completion of wetland delineation and
22.29wetland permitting;
22.30(3) completion of the engineering design and
22.31cost estimates for a snowmobile and
22.32off-highway vehicle bridge over the Vermilion
22.33River to establish a trail connection; and
23.1(4) completion of the master plan for the
23.2Voyageur all-terrain vehicle trail system.
23.3This is a onetime appropriation and is
23.4available until June 30, 2020.
23.5(j) $125,000 the first year is from the general
23.6fund for all terrain vehicle grants-in-aid
23.7program. This is a onetime appropriation.
23.8(k) $250,000 the first year and $250,000 the
23.9second year are from the general fund for
23.10matching grants for local parks and outdoor
23.11recreation areas under Minnesota Statutes,
23.12section 85.019, subdivision 2.
23.13(l) $250,000 the first year and $250,000 the
23.14second year are from the general fund for
23.15matching grants for local trail connections
23.16under Minnesota Statutes, section 85.019,
23.17subdivision 4c.
23.18(m) $50,000 the first year is from the
23.19all-terrain vehicle account in the natural
23.20resources fund for a grant to the city of
23.21Virginia to assist the Virginia Area All-Terrain
23.22Vehicle Club to plan, design, engineer, and
23.23permit a comprehensive all-terrain vehicle
23.24system in the Virginia area and to connect with
23.25the Iron Range Off-Highway Vehicle
23.26Recreation Area. This is a onetime
23.27appropriation and is available until June 30,
23.282020.
| 23.29 |
Subd. 6.Fish and Wildlife Management |
67,581,000 |
67,531,000 |
||||
| 23.30 |
Appropriations by Fund |
||
| 23.31 |
2018 |
2019 |
|
| 23.32 |
Natural Resources |
1,912,000 |
1,912,000 |
| 23.33 |
Game and Fish |
65,669,000 |
65,619,000 |
24.2the second year are from the heritage
24.3enhancement account in the game and fish
24.4fund only for activities specified in Minnesota
24.5Statutes, section 297A.94, paragraph (e),
24.6clause (1). Notwithstanding Minnesota
24.7Statutes, section 297A.94, five percent of this
24.8appropriation may be used for expanding
24.9hunter and angler recruitment and retention.
24.10(b) $30,000 the first year is from the heritage
24.11enhancement account in the game and fish
24.12fund for the commissioner of natural resources
24.13to contract with a private entity to search for
24.14a site to construct a world-class shooting range
24.15and club house for use by the Minnesota State
24.16High School League and for other regional,
24.17statewide, national, and international shooting
24.18events. The commissioner must provide public
24.19notice of the search, including making the
24.20public aware of the process through the
24.21Department of Natural Resources' media
24.22outlets, and solicit input on the location and
24.23building options for the facility. The siting
24.24search process must include a public process
24.25to determine if any business or individual is
24.26interested in donating land for the facility,
24.27anticipated to be at least 500 acres. The site
24.28search team must meet with interested third
24.29parties affected by or interested in the facility.
24.30The commissioner must submit a report with
24.31the results of the site search to the chairs and
24.32ranking minority members of the legislative
24.33committees and divisions with jurisdiction
24.34over environment and natural resources by
24.35March 1, 2018. This is a onetime
24.36appropriation.
25.1(c) $20,000 the first year is from the heritage
25.2enhancement account in the game and fish
25.3fund for a study on the effects of lead shot on
25.4wildlife on state lands. By January 15, 2018,
25.5the commissioner shall provide a report of the
25.6study to the chairs and ranking minority
25.7members of the legislative committees with
25.8jurisdiction over natural resources policy and
25.9finance. This is a onetime appropriation.
| 25.10 |
Subd. 7.Enforcement |
39,377,000 |
39,377,000 |
||||
25.18the second year are from the general fund for
25.19enforcement efforts to prevent the spread of
25.20aquatic invasive species.
25.21(b) $1,580,000 the first year and $1,580,000
25.22the second year are from the heritage
25.23enhancement account in the game and fish
25.24fund for only the purposes specified in
25.25Minnesota Statutes, section 297A.94,
25.26paragraph (e), clause (1).
25.27(c) $1,082,000 the first year and $1,082,000
25.28the second year are from the water recreation
25.29account in the natural resources fund for grants
25.30to counties for boat and water safety. Any
25.31unencumbered balance does not cancel at the
25.32end of the first year and is available for the
25.33second year.
25.34(d) $315,000 the first year and $315,000 the
25.35second year are from the snowmobile trails
26.1and enforcement account in the natural
26.2resources fund for grants to local law
26.3enforcement agencies for snowmobile
26.4enforcement activities. Any unencumbered
26.5balance does not cancel at the end of the first
26.6year and is available for the second year.
26.7(e) $250,000 the first year and $250,000 the
26.8second year are from the all-terrain vehicle
26.9account for grants to qualifying organizations
26.10to assist in safety and environmental education
26.11and monitoring trails on public lands under
26.12Minnesota Statutes, section 84.9011. Grants
26.13issued under this paragraph must be issued
26.14through a formal agreement with the
26.15organization. By December 15 each year, an
26.16organization receiving a grant under this
26.17paragraph shall report to the commissioner
26.18with details on expenditures and outcomes
26.19from the grant. Of this appropriation, $25,000
26.20each year is for administration of these grants.
26.21Any unencumbered balance does not cancel
26.22at the end of the first year and is available for
26.23the second year.
26.24(f) $510,000 the first year and $510,000 the
26.25second year are from the natural resources
26.26fund for grants to county law enforcement
26.27agencies for off-highway vehicle enforcement
26.28and public education activities based on
26.29off-highway vehicle use in the county. Of this
26.30amount, $498,000 each year is from the
26.31all-terrain vehicle account; $11,000 each year
26.32is from the off-highway motorcycle account;
26.33and $1,000 each year is from the off-road
26.34vehicle account. The county enforcement
26.35agencies may use money received under this
27.1appropriation to make grants to other local
27.2enforcement agencies within the county that
27.3have a high concentration of off-highway
27.4vehicle use. Of this appropriation, $25,000
27.5each year is for administration of these grants.
27.6Any unencumbered balance does not cancel
27.7at the end of the first year and is available for
27.8the second year.
27.9(g) $1,000,000 each year is for recruiting,
27.10training, and maintaining additional
27.11conservation officers.
27.12(h) The commissioner may hold a conservation
27.13officer academy if necessary.
| 27.14 |
Subd. 8.Operations Support |
1,920,000 |
0 |
||||
27.16costs. Of this amount, up to $500,000 may be
27.17transferred to the Minnesota Pollution Control
27.18Agency. This is a onetime appropriation and
27.19is available until June 30, 2021.
| 27.20 |
Subd. 9.Pass Through Funds |
320,000 |
320,000 |
||||
| 27.21 |
Appropriations by Fund |
||
| 27.22 |
2018 |
2019 |
|
| 27.23 |
Natural Resources |
320,000 |
320,000 |
27.25second year are from the natural resources
27.26fund for grants to be divided equally between
27.27the city of St. Paul for the Como Park Zoo and
27.28Conservatory and the city of Duluth for the
27.29Duluth Zoo. This appropriation is from the
27.30revenue deposited to the natural resources fund
27.31under Minnesota Statutes, section 297A.94,
27.32paragraph (e), clause (5).
| 27.33 |
Subd. 10.Cancellation |
||||||
28.2appropriation in Laws 2016, chapter 189,
28.3article 3, section 3, subdivision 3, for a grant
28.4to the Koronis Lake Association, estimated to
28.5be $167,000, is canceled on June 30, 2017.
28.6This subdivision is effective the day following
28.7final enactment.
| 28.8 28.9 |
Sec. 4. BOARD OF WATER AND SOIL RESOURCES |
$ |
13,829,000 |
$ |
13,529,000 |
||
28.11the second year are for natural resources block
28.12grants to local governments. Grants must be
28.13matched with a combination of local cash or
28.14in-kind contributions. The base grant portion
28.15related to water planning must be matched by
28.16an amount as specified by Minnesota Statutes,
28.17section 103B.3369. The board may reduce the
28.18amount of the natural resources block grant
28.19to a county by an amount equal to any
28.20reduction in the county's general services
28.21allocation to a soil and water conservation
28.22district from the county's previous year
28.23allocation when the board determines that the
28.24reduction was disproportionate.
28.25(b) $3,116,000 the first year and $3,116,000
28.26the second year are for grants to soil and water
28.27conservation districts for the purposes of
28.28Minnesota Statutes, sections 103C.321 and
28.29103C.331, and for general purposes, nonpoint
28.30engineering, and implementation and
28.31stewardship of the reinvest in Minnesota
28.32reserve program. Expenditures may be made
28.33from these appropriations for supplies and
28.34services benefiting soil and water conservation
28.35districts. Any district receiving a payment
29.1under this paragraph shall maintain a Web
29.2page that publishes, at a minimum, its annual
29.3report, annual audit, annual budget, and
29.4meeting notices.
29.5(c) $260,000 the first year and $260,000 the
29.6second year are for feedlot water quality cost
29.7share grants for feedlots under 300 animal
29.8units and nutrient and manure management
29.9projects in watersheds where there are
29.10impaired waters.
29.11(d) $1,200,000 the first year and $1,200,000
29.12the second year are for soil and water
29.13conservation district cost-sharing contracts for
29.14perennially vegetated riparian buffers, erosion
29.15control, water retention and treatment, and
29.16other high-priority conservation practices.
29.17(e) $100,000 the first year and $100,000 the
29.18second year are for county cooperative weed
29.19management cost-share programs and to
29.20restore native plants in selected invasive
29.21species management sites.
29.22(f) $761,000 the first year and $761,000 the
29.23second year are for implementation,
29.24enforcement, and oversight of the Wetland
29.25Conservation Act, including administration of
29.26the wetland banking program and in-lieu fee
29.27mechanism.
29.28(g) $300,000 the first year is for improving
29.29the efficiency and effectiveness of Minnesota's
29.30wetland regulatory programs through
29.31continued examination of United States Clean
29.32Water Act section 404 assumption including
29.33negotiation of draft agreements with the
29.34United States Environmental Protection
30.1Agency and the United States Army Corps of
30.2Engineers, planning for an online permitting
30.3system, upgrading the existing wetland
30.4banking database, and developing an in-lieu
30.5fee wetland banking program as authorized
30.6by statute. This is a onetime appropriation.
30.7(h) $166,000 the first year and $166,000 the
30.8second year are to provide technical assistance
30.9to local drainage management officials and
30.10for the costs of the Drainage Work Group.
30.11(i) $100,000 the first year and $100,000 the
30.12second year are for a grant to the Red River
30.13Basin Commission for water quality and
30.14floodplain management, including
30.15administration of programs. This appropriation
30.16must be matched by nonstate funds. If the
30.17appropriation in either year is insufficient, the
30.18appropriation in the other year is available for
30.19it.
30.20(j) $140,000 the first year and $140,000 the
30.21second year are for grants to Area II
30.22Minnesota River Basin Projects for floodplain
30.23management.
30.24(k) $125,000 the first year and $125,000 the
30.25second year are for conservation easement
30.26stewardship.
30.27(l) $240,000 the first year and $240,000 the
30.28second year are for a grant to the Lower
30.29Minnesota River Watershed District to defray
30.30the annual cost of operating and maintaining
30.31sites for dredge spoil to sustain the state,
30.32national, and international commercial and
30.33recreational navigation on the lower Minnesota
30.34River.
31.1(m) $3,898,000 the first year and $3,898,000
31.2the second year are for Board of Water and
31.3Soil Resources agency administration and
31.4operations.
31.5(n) Notwithstanding Minnesota Statutes,
31.6section 103C.501, the board may shift
31.7cost-share funds in this section and may adjust
31.8the technical and administrative assistance
31.9portion of the grant funds to leverage federal
31.10or other nonstate funds or to address
31.11high-priority needs identified in local water
31.12management plans or comprehensive water
31.13management plans.
31.14(o) The appropriations for grants in this section
31.15are available until June 30, 2021. If an
31.16appropriation for grants in either year is
31.17insufficient, the appropriation in the other year
31.18is available for it.
31.19(p) Notwithstanding Minnesota Statutes,
31.20section 16B.97, the appropriations for grants
31.21in this section are exempt from Department
31.22of Administration, Office of Grants
31.23Management Policy 08-10 Grant Monitoring.
| 31.24 |
Sec. 5. METROPOLITAN COUNCIL |
$ |
8,540,000 |
$ |
8,540,000 |
||
| 31.25 |
Appropriations by Fund |
||
| 31.26 |
2018 |
2019 |
|
| 31.27 |
General |
2,540,000 |
2,540,000 |
| 31.28 |
Natural Resources |
6,000,000 |
6,000,000 |
31.30the second year are for metropolitan area
31.31regional parks operation and maintenance
31.32according to Minnesota Statutes, section
31.33473.351.
32.1(b) $6,000,000 the first year and $6,000,000
32.2the second year are from the natural resources
32.3fund for metropolitan area regional parks and
32.4trails maintenance and operations. This
32.5appropriation is from the revenue deposited
32.6in the natural resources fund under Minnesota
32.7Statutes, section 297A.94, paragraph (e),
32.8clause (3).
| 32.9 32.10 |
Sec. 6. CONSERVATION CORPS MINNESOTA |
$ |
945,000 |
$ |
945,000 |
||
| 32.11 |
Appropriations by Fund |
||
| 32.12 |
2018 |
2019 |
|
| 32.13 |
General |
455,000 |
455,000 |
| 32.14 |
Natural Resources |
490,000 |
490,000 |
32.16money appropriated from the natural resources
32.17fund under this section only as provided in an
32.18agreement with the commissioner of natural
32.19resources.
| 32.20 |
Sec. 7. ZOOLOGICAL BOARD |
$ |
8,610,000 |
$ |
8,610,000 |
||
| 32.21 |
Appropriations by Fund |
||
| 32.22 |
2018 |
2019 |
|
| 32.23 |
General |
8,450,000 |
8,450,000 |
| 32.24 |
Natural Resources |
160,000 |
160,000 |
32.26second year are from the natural resources
32.27fund from the revenue deposited under
32.28Minnesota Statutes, section 297A.94,
32.29paragraph (e), clause (5).
| 32.30 |
Sec. 8. SCIENCE MUSEUM |
$ |
1,079,000 |
$ |
1,079,000 |
||
| 32.31 |
Sec. 9. ADMINISTRATION |
$ |
800,000 |
$ |
300,000 |
||
33.2second year are from the state forest suspense
33.3account in the permanent school fund for the
33.4school trust lands director. This appropriation
33.5is to be used for securing long-term economic
33.6return from the school trust lands consistent
33.7with fiduciary responsibilities and sound
33.8natural resources conservation and
33.9management principles.
33.10(b) $500,000 the first year is from the state
33.11forest suspense account in the permanent
33.12school fund for the school trust lands director
33.13to initiate the private sale of surplus school
33.14trust lands identified according to Minnesota
33.15Statutes, section 92.82, paragraph (d),
33.16including but not limited to valuation
33.17expenses, legal fees, and transactional staff
33.18costs. This is a onetime appropriation and is
33.19available until June 30, 2019.
| 33.20 |
Sec. 10. EXPLORE MINNESOTA TOURISM |
$ |
15,148,000 |
$ |
14,248,000 |
||
33.22involvement in tourism, $500,000 the first
33.23year and $500,000 the second year must be
33.24matched by Explore Minnesota Tourism from
33.25nonstate sources. Each $1 of state incentive
33.26must be matched with $6 of private sector
33.27funding. Cash match is defined as revenue to
33.28the state or documented cash expenditures
33.29directly expended to support Explore
33.30Minnesota Tourism programs. Up to one-half
33.31of the private sector contribution may be
33.32in-kind or soft match. The incentive in fiscal
33.33year 2018 shall be based on fiscal year 2017
33.34private sector contributions. The incentive in
33.35fiscal year 2019 shall be based on fiscal year
34.12018 private sector contributions. This
34.2incentive is ongoing.
34.3(b) Funding for the marketing grants is
34.4available either year of the biennium.
34.5Unexpended grant funds from the first year
34.6are available in the second year.
34.7(c) $100,000 each year is for a grant to the
34.8Northern Lights International Music Festival.
34.9(d) $900,000 the first year is for the major
34.10events grant program. This is a onetime
34.11appropriation and is available until June 30,
34.122021.
| 34.13 |
Sec. 11. REVENUE |
$ |
0 |
$ |
2,300,000 |
||
34.15protection aid payments under Minnesota
34.16Statutes, section 477A.21.
34.17 Sec. 12. Laws 2016, chapter 189, article 3, section 6, is amended to read:
| 34.18 |
Sec. 6. ADMINISTRATION |
$ |
250,000 |
$ |
-0- |
||
34.20suspense account in the permanent school fund
34.21for the school trust lands director to initiate
34.22real estate development projects on school
34.23trust lands as determined by the school trust
34.24lands director. This is a onetime appropriation
34.25and is available until June 30, 2019.
34.26EFFECTIVE DATE.This section is effective the day following final enactment.
34.29 Section 1. Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision
34.30to read:
35.1 Subd. 6. Legal counsel. The commissioner of natural resources may appoint attorneys
35.2or outside counsel to render title opinions, represent the department in severed mineral
35.3interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute
35.4to the contrary, represent the state in quiet title or title registration actions affecting land or
35.5interests in land administered by the commissioner.
35.6 Sec. 2. Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read:
35.7 Subd. 14a. Permitting efficiency; public notice. (a) It is the goal of the state that
35.8environmental and resource management permits be issued or denied within 90 days for
35.9Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application.
35.10The commissioner of natural resources shall establish management systems designed to
35.11achieve the goal.
35.12(b) The commissioner shall prepare an annual permitting efficiency report that includes
35.13statistics on meeting the goal in paragraph (a) and the criteria for
35.14categories. The report is due August 1 each year. For permit applications that have not met
35.15the goal, the report must state the reasons for not meeting the goal. In stating the reasons
35.16for not meeting the goal, the commissioner shall separately identify delays caused by the
35.17responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the
35.18level of public engagement. The report must specify the number of days from initial
35.19submission of the application to the day of determination that the application is complete.
35.20The report must aggregate the data for the year and assess whether program or system
35.21changes are necessary to achieve the goal. The report must be posted on the department's
35.22Web site and submitted to the governor and the chairs and ranking minority members of
35.23the house of representatives and senate committees having jurisdiction over natural resources
35.24policy and finance.
35.25(c) The commissioner shall allow electronic submission of environmental review and
35.26permit documents to the department.
35.27(d)
35.28to paragraph (a), the commissioner of natural resources shall notify the
35.29permit applicant, in writing, whether the application is complete or incomplete. If the
35.30commissioner determines that an application is incomplete, the notice to the applicant must
35.31enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
35.32and advise the applicant on how the deficiencies can be remedied. If the commissioner
35.33determines that the application is complete, the notice must confirm the application's Tier
35.341 or Tier 2 permit status and, upon request of the permit applicant of an individual Tier 2
36.1permit, provide the permit applicant with a schedule for reviewing the permit application.
36.2This paragraph does not apply to an application for a permit that is subject to a grant or loan
36.3agreement under chapter 446A.
36.4(e) When public notice of a draft individual Tier 2 permit is required, the commissioner
36.5must issue the notice with the draft permit within 150 days of receiving a completed permit
36.6application unless the permit applicant and the commissioner mutually agree to a different
36.7date. Upon request of the permit applicant, the commissioner must provide a copy of the
36.8draft permit to the permit applicant and consider comments on the draft permit from the
36.9permit applicant before issuing the public notice.
36.10 Sec. 3. Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read:
36.11 Subd. 14b. Expediting costs; reimbursement. Permit applicants
36.12
36.13natural resources to construct, reconstruct, or modify a project or to operate a facility may
36.14offer to reimburse the department for the reasonable costs
36.15needed to expedite the preapplication process and permit development process through the
36.16final decision on the permit, including the analysis of environmental review documents.
36.17The reimbursement shall be in addition to permit application fees imposed by law. When
36.18the commissioner determines that additional resources are needed to develop the permit
36.19application in an expedited manner, and that expediting the development is consistent with
36.20permitting program priorities, the commissioner may accept the reimbursement. The
36.21commissioner must give the permit applicant an estimate of costs for the expedited service
36.22to be incurred by the commissioner. The estimate must include a brief description of the
36.23tasks to be performed, a schedule for completing the tasks, and the estimated cost for each
36.24task. The proposer and the commissioner shall enter into a written agreement detailing the
36.25estimated costs for the expedited service to be incurred by the department and any recourse
36.26available to the applicant if the department fails to comply with the schedule. The agreement
36.27must also identify staff anticipated to be assigned to the project and describe the
36.28commissioner's commitment to making assigned staff available for the project until the
36.29permit decision is made. The commissioner must not issue a permit until the applicant has
36.30paid all fees in full. The commissioner must refund any unobligated balance of fees paid.
36.31Reimbursements accepted by the commissioner are appropriated to the commissioner for
36.32the purpose of developing the permit or analyzing environmental review documents.
36.33Reimbursement by a permit applicant shall precede and not be contingent upon issuance of
36.34a permit; shall not affect the commissioner's decision on whether to issue or deny a permit,
36.35what conditions are included in a permit, or the application of state and federal statutes and
37.1rules governing permit determinations; and shall not affect final decisions regarding
37.2environmental review.
37.3 Sec. 4. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to
37.4read:
37.5 Subd. 14c. Irrevocability, suspensions, or expiration of permits; environmental
37.6review. (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to
37.7appropriate money to the commissioner of natural resources for environmental review and
37.8permitting activities of the Department of Natural Resources:
37.9(1) a permit granted by the commissioner may not be terminated or suspended for the
37.10term of the permit nor shall it expire without the consent of the permittee, except for breach
37.11or nonperformance of any condition of the permit by the permittee that is an imminent threat
37.12to impair or destroy the environment or injure the health, safety, or welfare of the citizens
37.13of the state; and
37.14(2) environmental review and permit application work on environmental review and
37.15permits filed before July 1 of that year must not be suspended or terminated.
37.16(b) Paragraph (a), clause (1), applies until legislation appropriating money to the
37.17commissioner for the environmental review and permitting activities is enacted.
37.18 Sec. 5. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to
37.19read:
37.20 Subd. 14d. Unadopted rules. (a) The commissioner of natural resources must not enforce
37.21or attempt to enforce an unadopted rule. For the purposes of this subdivision, "unadopted
37.22rule" means a guideline, bulletin, criterion, manual standard, interpretive statement, or
37.23similar pronouncement, if the guideline, bulletin, criterion, manual standard, interpretive
37.24statement, or similar pronouncement meets the definition of a rule as defined under section
37.2514.02, subdivision 4, but has not been adopted according to the rulemaking process provided
37.26under chapter 14. If an unadopted rule is challenged under section 14.381, the commissioner
37.27must overcome a presumption against the unadopted rule.
37.28(b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion,
37.29manual standard, interpretive statement, or similar pronouncement into a statute, rule, or
37.30standard, the commissioner must follow the rulemaking process provided under chapter 14
37.31to amend or revise any such guideline, bulletin, criterion, manual standard, interpretive
37.32statement, or similar pronouncement.
38.1 Sec. 6. Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read:
38.2 Subd. 2. Exemptions. Registration is not required for off-highway motorcycles:
38.3(1) owned and used by the United States, an Indian tribal government, the state, another
38.4state, or a political subdivision;
38.5(2) registered in another state or country that have not been within this state for more
38.6than 30 consecutive days;
38.7(3) registered under chapter 168, when operated on forest roads to gain access to a state
38.8forest campground;
38.9(4) used exclusively in organized track racing events;
38.10(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident
38.11off-highway motorcycle state trail pass;
38.12(6) operated by a person participating in an event for which the commissioner has issued
38.13a special use permit
38.14(7) operated on boundary trails and registered in another state or country providing equal
38.15reciprocal registration or licensing exemptions for registrants of this state.
38.16 Sec. 7. Minnesota Statutes 2016, section 84.793, subdivision 1, is amended to read:
38.17 Subdivision 1. Prohibitions on youthful operators. (a) A person six years or older but
38.18less than 16 years of age operating an off-highway motorcycle on public lands or waters
38.19must possess a valid off-highway motorcycle safety certificate issued by the commissioner.
38.20(b) Except for operation on public road rights-of-way that is permitted under section
38.22operate an off-highway motorcycle along or on a public road right-of-way.
38.23(c) A person under 12 years of age may not:
38.24(1) make a direct crossing of a public road right-of-way;
38.25(2) operate an off-highway motorcycle on a public road right-of-way in the state; or
38.26(3) operate an off-highway motorcycle on public lands or waters unless accompanied
38.27by a person 18 years of age or older or participating in an event for which the commissioner
38.28has issued a special use permit.
38.29(d) Except for public road rights-of-way of interstate highways, a person less than 16
38.30years of age may make a direct crossing of a public road right-of-way of a trunk, county
39.1state-aid, or county highway only if that person is accompanied by a person 18 years of age
39.2or older who holds a valid driver's license.
39.3(e) A person less than 16 years of age may operate an off-highway motorcycle on public
39.4road rights-of-way in accordance with section
39.5that person is accompanied by a person 18 years of age or older who holds a valid driver's
39.6license.
39.7(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may operate
39.8an off-highway motorcycle on public lands or waters if the nonresident youth has in
39.9possession evidence of completing an off-road safety course offered by the Motorcycle
39.10Safety Foundation or another state as provided in section
39.11 Sec. 8. Minnesota Statutes 2016, section 84.8031, is amended to read:
39.1284.8031 GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.
39.13The commissioner must review an off-road vehicle grant-in-aid application and, if
39.14approved,
39.15completed application has been locally approved and submitted to an area parks and trails
39.16office. If the commissioner fails to approve or deny the application within 60 days after
39.17submission, the application is deemed approved and the commissioner must provide for a
39.1830-day public review period. If the commissioner denies an application, the commissioner
39.19must provide the applicant with a written explanation for denying the application at the time
39.20the applicant is notified of the denial.
39.21 Sec. 9. Minnesota Statutes 2016, section 84.82, subdivision 2, is amended to read:
39.22 Subd. 2. Application, issuance, issuing fee. (a) Application for registration or
39.23reregistration shall be made to the commissioner or an authorized deputy registrar of motor
39.24vehicles in a format prescribed by the commissioner and shall state the legal name and
39.25address of every owner of the snowmobile.
39.26 (b) A person who purchases a snowmobile from a retail dealer shall make application
39.27for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
39.2821-day registration permit to each purchaser who applies to the dealer for registration. The
39.29temporary permit must contain the dealer's identification number and phone number. Each
39.30retail dealer shall submit completed registration and fees to the deputy registrar at least once
39.31a week. No fee may be charged by a dealer to a purchaser for providing the temporary
39.32permit.
40.1 (c) Upon receipt of the application and the appropriate fee, the commissioner or deputy
40.2registrar shall issue to the applicant, or provide to the dealer, an assigned registration number
40.3or a commissioner or deputy registrar temporary 21-day permit. Once issued, the registration
40.4number must be affixed to the snowmobile in a clearly visible and permanent manner for
40.5enforcement purposes as the commissioner of natural resources shall prescribe. A dealer
40.6subject to paragraph (b) shall provide the registration materials or temporary permit to the
40.7purchaser within the temporary 21-day permit period. The registration is not valid unless
40.8signed by at least one owner.
40.9 (d) Each deputy registrar of motor vehicles acting pursuant to section
40.10be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement
40.11with the commissioner of public safety may prescribe the accounting and procedural
40.12requirements necessary to assure efficient handling of registrations and registration fees.
40.13Deputy registrars shall strictly comply with these accounting and procedural requirements.
40.14 (e)
40.15
40.16or replacement registration card, and replacement decal and an issuing fee of $7 is charged
40.17for each snowmobile registration and registration transfer issued by:
40.18 (1)
40.19
40.20subdivision 2
40.21 (2)
40.22be deposited in the state treasury and credited to the snowmobile trails and enforcement
40.23account in the natural resources fund.
40.24 Sec. 10. Minnesota Statutes 2016, section 84.925, subdivision 1, is amended to read:
40.25 Subdivision 1. Program established. (a) The commissioner shall establish a
40.26comprehensive all-terrain vehicle environmental and safety education and training program,
40.27including the preparation and dissemination of vehicle information and safety advice to the
40.28public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle
40.29safety certificates to vehicle operators over the age of 12 years who successfully complete
40.30the all-terrain vehicle environmental and safety education and training course. A parent or
40.31guardian must be present at the hands-on training portion of the program for youth who are
40.32six through ten years of age.
41.1 (b) For the purpose of administering the program and to defray the expenses of training
41.2and certifying vehicle operators, the commissioner shall collect a fee from each person who
41.3receives the training. The commissioner shall collect a fee, to include a $1 issuing fee for
41.4licensing agents, for issuing a duplicate all-terrain vehicle safety certificate. The
41.5commissioner shall establish both fees in a manner that neither significantly overrecovers
41.6nor underrecovers costs, including overhead costs, involved in providing the services. The
41.7fees are not subject to the rulemaking provisions of chapter 14 and section
41.8apply. The fees may be established by the commissioner notwithstanding section
41.9Fee proceeds, except for the issuing fee for licensing agents under this subdivision, shall
41.10be deposited in the all-terrain vehicle account in the natural resources fund and the amount
41.11thereof, except for the electronic licensing system commission established by the
41.12commissioner under section
41.13commissioner, is appropriated annually to the Enforcement Division of the Department of
41.14Natural Resources for the administration of the programs. In addition to the fee established
41.15by the commissioner, instructors may charge each person up to the established fee amount
41.16for class materials and expenses.
41.17 (c) The commissioner shall cooperate with private organizations and associations, private
41.18and public corporations, and local governmental units in furtherance of the program
41.19established under this section. School districts may cooperate with the commissioner and
41.20volunteer instructors to provide space for the classroom portion of the training. The
41.21commissioner shall consult with the commissioner of public safety in regard to training
41.22program subject matter and performance testing that leads to the certification of vehicle
41.23operators. The commissioner shall incorporate a riding component in the safety education
41.24and training program.
41.25 Sec. 11. Minnesota Statutes 2016, section 84.9256, subdivision 1, is amended to read:
41.26 Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on public
41.27road rights-of-way that is permitted under section
41.28(j), a driver's license issued by the state or another state is required to operate an all-terrain
41.29vehicle along or on a public road right-of-way.
41.30 (b) A person under 12 years of age shall not:
41.31 (1) make a direct crossing of a public road right-of-way;
41.32 (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
42.1 (3) operate an all-terrain vehicle on public lands or waters, except as provided in
42.2paragraph (f).
42.3 (c) Except for public road rights-of-way of interstate highways, a person 12 years of age
42.4but less than 16 years may make a direct crossing of a public road right-of-way of a trunk,
42.5county state-aid, or county highway or operate on public lands and waters or state or
42.6grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate
42.7issued by the commissioner and is accompanied by a person 18 years of age or older who
42.8holds a valid driver's license.
42.9 (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old,
42.10but less than 16 years old, must:
42.11 (1) successfully complete the safety education and training program under section
42.12subdivision 1, including a riding component; and
42.13 (2) be able to properly reach and control the handle bars and reach the foot pegs while
42.14sitting upright on the seat of the all-terrain vehicle.
42.15 (e) A person at least
42.16program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
42.17the certificate is not valid until the person reaches age 12.
42.18 (f) A person at least ten years of age but under 12 years of age may operate an all-terrain
42.19vehicle with an engine capacity up to
42.20with straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with
42.21side-by-side-style seating on public lands or waters if accompanied by a parent or legal
42.22guardian.
42.23 (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
42.24 (h) A person under the age of 16 may not operate an all-terrain vehicle on public lands
42.25or waters or on state or grant-in-aid trails if the person cannot properly reach and control:
42.26 (1) the handle bars and reach the foot pegs while sitting upright on the seat of the
42.27all-terrain vehicle with straddle-style seating; or
42.28 (2) the steering wheel and foot controls of a class 1 all-terrain vehicle with
42.29side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged.
42.30(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16
42.31years old, may make a direct crossing of a public road right-of-way of a trunk, county
43.1state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or
43.2state or grant-in-aid trails if:
43.3(1) the nonresident youth has in possession evidence of completing an all-terrain safety
43.4course offered by the ATV Safety Institute or another state as provided in section
43.5subdivision 3; and
43.6(2) the nonresident youth is accompanied by a person 18 years of age or older who holds
43.7a valid driver's license.
43.8(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
43.9vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted
43.10under section
43.11(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
43.12and
43.13(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.
43.14 Sec. 12. Minnesota Statutes 2016, section 84.9256, subdivision 2, is amended to read:
43.15 Subd. 2. Helmet and seat belts required. (a) A person less than 18 years of age shall
43.16not ride as a passenger or as an operator of an all-terrain vehicle on public land, public
43.17waters, or on a public road right-of-way unless wearing a safety helmet approved by the
43.18commissioner of public safety.
43.19 (b) A person less than 18 years of age shall not ride as a passenger or as an operator of
43.20
43.21 Sec. 13. Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read:
43.22 Subd. 2. Standards. (a) An appropriation for asset preservation may be used only for a
43.23capital expenditure on a capital asset previously owned by the state, within the meaning of
43.24generally accepted accounting principles as applied to public expenditures. The commissioner
43.25of natural resources will consult with the commissioner of management and budget to the
43.26extent necessary to ensure this and will furnish the commissioner of management and budget
43.27a list of projects to be financed from the account in order of their priority. The legislature
43.28assumes that many projects for preservation and replacement of portions of existing capital
43.29assets will constitute betterments and capital improvements within the meaning of the
43.30Constitution and capital expenditures under generally accepted accounting principles, and
43.31will be financed more efficiently and economically under this section than by direct
43.32appropriations for specific projects.
44.1(b) An appropriation for asset preservation must not be used to acquire land or to acquire
44.2or construct buildings or other facilities.
44.3(c) Capital budget expenditures for natural resource asset preservation and replacement
44.4projects must be for one or more of the following types of capital projects that support the
44.5existing programmatic mission of the department: code compliance including health and
44.6safety, Americans with Disabilities Act requirements, hazardous material abatement, access
44.7improvement, or air quality improvement; building energy efficiency improvements using
44.8current best practices; building or infrastructure repairs necessary to preserve the interior
44.9and exterior of existing buildings; projects to remove life safety hazards such as building
44.10code violations or structural defects; or renovation of other existing improvements to land,
44.11including but not limited to trails and bridges.
44.12(d) Up to ten percent of an appropriation awarded under this section may be used for
44.13design costs for projects eligible to be funded from this account in anticipation of future
44.14funding from the account.
44.15 Sec. 14. Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to
44.16read:
44.17 Subd. 4. Priorities; report. The commissioner of natural resources must establish
44.18priorities for natural resource asset preservation and replacement projects. By January 15
44.19each year, the commissioner must submit to the commissioner of management and budget
44.20a list of the projects that have been paid for with money from a natural resource asset
44.21preservation and replacement appropriation during the preceding calendar year.
44.22 Sec. 15. Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read:
44.23 Subd. 3. Training and mentoring. The commissioner must develop and implement a
44.24training program that adequately prepares Minnesota Naturalist Corps members for the
44.25tasks assigned. Each corps member
44.26as a mentor.
44.27 Sec. 16. Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read:
44.28 Subd. 4. Uniform
44.29Corps must have a
44.30information that the program is funded by the clean water, land, and legacy amendment to
44.31the Minnesota Constitution adopted by the voters in November 2008.
45.1 Sec. 17. Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read:
45.2 Subd. 5. Eligibility. A person is eligible to enroll in the Minnesota Naturalist Corps if
45.3the person:
45.4(1) is a permanent resident of the state;
45.5(2) is a participant in an approved college internship program
45.6
45.7conservation
45.8(3) has completed at least one year of postsecondary education.
45.9 Sec. 18. Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read:
45.10 Subd. 6. Corps member status. Minnesota Naturalist Corps members are not eligible
45.11for unemployment benefits
45.12
45.13are not employees of the state within the meaning of section
45.14 Sec. 19. Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read:
45.15 Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested
45.16waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b),
45.17(c), or (d), and section
45.18 (b) In waters that are listed as infested waters, except those listed as infested with
45.19prohibited invasive species of fish or certifiable diseases of fish, as defined under section
45.21 (1) commercial taking of wild animals for bait and aquatic farm purposes as provided
45.22in a permit issued under section
45.23 (2) bait purposes for noncommercial personal use in waters that contain Eurasian
45.24watermilfoil, when the infested waters are listed solely because they contain Eurasian
45.25watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not
45.26exceeding 16 inches in diameter and 32 inches in length.
45.27(c) In streams or rivers that are listed as infested waters, except those listed as infested
45.28with certifiable diseases of fish, as defined under section
45.29of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by
45.30hook and line for noncommercial personal use is allowed as follows:
46.1(1) fish taken under this paragraph must be used on the same body of water where caught
46.2and while still on that water body. Where the river or stream is divided by barriers such as
46.3dams, the fish must be caught and used on the same section of the river or stream;
46.4(2) fish taken under this paragraph may not be transported live from or off the water
46.5body;
46.6(3) fish harvested under this paragraph may only be used in accordance with this section;
46.7(4) any other use of wild animals used for bait from infested waters is prohibited;
46.8(5) fish taken under this paragraph must meet all other size restrictions and requirements
46.9as established in rules; and
46.10(6) all species listed under this paragraph shall be included in the person's daily limit as
46.11established in rules, if applicable.
46.12(d) In the Mississippi River downstream of St. Anthony Falls and the St. Croix River
46.13downstream of the dam at Taylors Falls, including portions described as
46.14Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items
46.15A and B, the harvest of gizzard shad by cast net for noncommercial personal use as bait for
46.16angling, as provided in a permit issued under section
46.17 (1) nontarget species must immediately be returned to the water;
46.18(2) gizzard shad taken under this paragraph must be used on the same body of water
46.19where caught and while still on that water body. Where the river is divided by barriers such
46.20as dams, the gizzard shad must be caught and used on the same section of the river;
46.21(3) gizzard shad taken under this paragraph may not be transported off the water body;
46.22and
46.23(4) gizzard shad harvested under this paragraph may only be used in accordance with
46.24this section.
46.25This paragraph expires December 1, 2017.
46.26 (e) Equipment authorized for minnow harvest in a listed infested water by permit issued
46.27under paragraph (b) may not be transported to, or used in, any waters other than waters
46.28specified in the permit.
46.29(f) Bait intended for sale may not be held in infested water after taking and before sale,
46.30unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.
47.1 Sec. 20. Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read:
47.2 Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting restrictions
47.3in infested and noninfested waters. (a) All nets, traps, buoys, anchors, stakes, and lines
47.4used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that
47.5is listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined
47.6in section
47.7
47.8
47.9
47.10
47.11tagged with tags provided by the commissioner, as specified in the commercial licensee's
47.12license or permit. Tagged gear must not be used in water bodies other than those specified
47.13in the license or permit. The permit may authorize department staff to remove tags after the
47.14gear is decontaminated. This tagging requirement does not apply to commercial fishing
47.15equipment used in Lake Superior.
47.16(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle,
47.17frog, or crayfish harvesting in an infested water that is listed solely because it contains
47.18Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum
47.19of two days before they are used in any other waters, except as provided in this paragraph.
47.20Commercial licensees must notify the department's regional or area fisheries office or a
47.21conservation officer before removing nets or equipment from an infested water listed solely
47.22because it contains Eurasian watermilfoil and before resetting those nets or equipment in
47.23any other waters. Upon notification, the commissioner may authorize a commercial licensee
47.24to move nets or equipment to another water without freezing or drying, if that water is listed
47.25as infested solely because it contains Eurasian watermilfoil.
47.26(c) A commercial licensee must remove all aquatic macrophytes from nets and other
47.27equipment before placing the equipment into waters of the state.
47.28(d) The commissioner shall provide a commercial licensee with a current listing of listed
47.29infested waters at the time that a license or permit is issued.
47.30 Sec. 21. Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read:
47.31 Subdivision 1. Classes. The commissioner shall, as provided in this chapter, classify
47.32nonnative species of aquatic plants and wild animals, including subspecies, genotypes,
47.33cultivars, hybrids, or genera of nonnative species, according to the following categories:
48.1(1) prohibited invasive species, which may not be possessed, imported, purchased, sold,
48.2propagated, transported, or introduced except as provided in section
48.3(2) regulated invasive species, which may not be introduced except as provided in section
48.5(3) unlisted nonnative species, which are subject to the classification procedure in section
48.7(4) unregulated nonnative species, which are not subject to regulation under this chapter.
48.8 Sec. 22. Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read:
48.9 Subdivision 1. Prohibited activities. A person may not possess, import, purchase, sell,
48.10propagate, transport, or introduce a prohibited invasive species, except:
48.11(1) under a permit issued by the commissioner under section
48.12(2) in the case of purple loosestrife, as provided by sections
48.13(3) under a restricted species permit issued under section
48.14(4) when being transported to the department, or another destination as the commissioner
48.15may direct, in a sealed container for purposes of identifying the species or reporting the
48.16presence of the species;
48.17(5) when being transported for disposal as part of a harvest or control activity when
48.18specifically authorized under a permit issued by the commissioner according to section
48.20license issued by the commissioner according to section
48.22(6) when being removed from watercraft and equipment, or caught while angling, and
48.23immediately returned to the water from which they came;
48.24(7) when being transported from riparian property to a legal disposal site that is at least
48.25100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited
48.26invasive species are in a covered commercial vehicle specifically designed and used for
48.27hauling trash; or
48.28
49.1 Sec. 23. Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read:
49.2 Subd. 2a. Lake Minnetonka pilot study. (a) The commissioner may issue an additional
49.3permit to service providers to return to Lake Minnetonka water-related equipment with
49.4zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired.
49.5The permit must include verification and documentation requirements and any other
49.6conditions the commissioner deems necessary.
49.7(b) Water-related equipment with zebra mussels attached may be returned only to Lake
49.8Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted
49.9under subdivision 1.
49.10(c) The service provider's place of business must be within the Lake Minnetonka
49.11Conservation District as established according to sections
49.12a municipality immediately bordering the Lake Minnetonka Conservation District's
49.13boundaries.
49.14(d) A service provider applying for a permit under this subdivision must, if approved
49.15for a permit and before the permit is valid, furnish a corporate surety bond in favor of the
49.16state for $50,000 payable upon violation of this chapter while the service provider is acting
49.17under a permit issued according to this subdivision.
49.18(e) This subdivision expires December 1,
49.19 Sec. 24. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision
49.20to read:
49.21 Subd. 2b. Gull Lake pilot study. (a) The commissioner may include an additional
49.22targeted pilot study to include water-related equipment with zebra mussels attached for the
49.23Gull Narrows State Water Access Site, Government Point State Water Access Site, and
49.24Gull East State Water Access Site on Gull Lake (DNR Division of Waters number 11-0305)
49.25in Cass and Crow Wing Counties using the same authorities, general procedures, and
49.26requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake service
49.27providers participating in the Gull Lake targeted pilot study place of business must be located
49.28in Cass or Crow Wing County.
49.29(b) If an additional targeted pilot project for Gull Lake is implemented under this section,
49.30the report to the chairs and ranking minority members of the senate and house of
49.31representatives committees having jurisdiction over natural resources required under Laws
49.322016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study
49.33recommendations and assessments.
50.1(c) This subdivision expires December 1, 2019.
50.2 Sec. 25. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision
50.3to read:
50.4 Subd. 2c. Cross Lake pilot study. (a) The commissioner may include an additional
50.5targeted pilot study to include water-related equipment with zebra mussels attached for the
50.6Cross Lake #1 State Water Access Site on Cross Lake (DNR Division of Waters number
50.718-0312) in Crow Wing County using the same authorities, general procedures, and
50.8requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The place
50.9of business of lake service providers participating in the Cross Lake targeted pilot study
50.10must be located in Cass or Crow Wing County.
50.11(b) If an additional targeted pilot project for Cross Lake is implemented under this
50.12section, the report to the chairs and ranking minority members of the senate and house of
50.13representatives committees having jurisdiction over natural resources required under Laws
50.142016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot
50.15study recommendations and assessments.
50.16(c) This subdivision expires December 1, 2019.
50.17 Sec. 26. Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to
50.18read:
50.19 Subd. 1a. Permit for invasive carp. The commissioner may issue a permit to
50.20departmental divisions for tagging bighead, black, grass, or silver carp for research or
50.21control. Under the permit, the carp may be released into the water body from which the carp
50.22was captured. This subdivision expires December 31, 2021.
50.23 Sec. 27. [85.0507] FORT RIDGELY GOLF COURSE; GOLF CARTS.
50.24The commissioner may by contract, concession agreement, or lease, authorize the use
50.25of golf carts on the golf course at Fort Ridgely State Park.
50.26 Sec. 28. Minnesota Statutes 2016, section 85.052, subdivision 1, is amended to read:
50.27 Subdivision 1. Authority to establish. (a) The commissioner may establish, by written
50.28order, provisions for the use of state parks for the following:
50.29(1) special parking space for automobiles or other motor-driven vehicles in a state park
50.30or state recreation area;
51.1(2) special parking spurs, campgrounds for automobiles, sites for tent camping, other
51.2types of lodging, camping, or day use facilities, and special auto trailer coach parking spaces,
51.3for the use of the individual charged for the space or facility;
51.4(3) improvement and maintenance of golf courses already established in state parks, and
51.5charging reasonable use fees; and
51.6(4) providing water, sewer, and electric service to trailer or tent campsites and charging
51.7a reasonable use fee.
51.8(b) Provisions established under paragraph (a) are exempt from section
51.9the rulemaking provisions of chapter 14. Section
51.10(c) For the purposes of this subdivision, "lodging" means an enclosed shelter, room, or
51.11building with furnishings for overnight use.
51.12 Sec. 29. Minnesota Statutes 2016, section 85.053, subdivision 8, is amended to read:
51.13 Subd. 8. Free permit; military personnel
51.14permits under subdivision
51.15
51.16of the United States armed forces
51.17
51.18recipients of a Purple Heart medal. To qualify for a free permit under this subdivision, a
51.19person
51.20identification or an annual pass for the United States military issued through the National
51.21Parks and Federal Recreational Lands Pass program to the park attendant on duty or other
51.22designee of the commissioner.
51.23 (b) For purposes of this
51.25shall establish what constitutes qualifying military identification in the State Register.
51.26(c)
51.27
51.28
51.29vehicles permitted under paragraph (a), the permit or decal issued under this subdivision is
51.30valid only when displayed on a vehicle owned and occupied by the person to whom the
51.31permit is issued.
51.32(d) The commissioner may issue a daily vehicle permit free of charge to an individual
51.33who qualifies under paragraph (a) and does not own or operate a motor vehicle.
52.1 Sec. 30. Minnesota Statutes 2016, section 85.053, subdivision 10, is amended to read:
52.2 Subd. 10. Free
52.3an annual park permit for no charge to any veteran
52.4
52.5of service-connected disability, as determined by the United States Department of Veterans
52.6Affairs, who presents each year a copy of the veteran's determination letter or other official
52.7form of validation issued by the United States Department of Veterans Affairs or the United
52.8States Department of Defense to a park attendant or commissioner's designee. For the
52.9purposes of this
52.10 (b) For vehicles permitted under paragraph (a), the permit or decal issued under this
52.11subdivision is valid only when displayed on a vehicle owned and occupied by the person
52.12to whom the permit is issued.
52.13 (c) The commissioner may issue a daily vehicle permit free of charge to an individual
52.14who qualifies under paragraph (a) and does not own or operate a motor vehicle.
52.15 Sec. 31. Minnesota Statutes 2016, section 85.054, is amended by adding a subdivision to
52.16read:
52.17 Subd. 19. Fort Ridgely golf course. The commissioner may by contract, concession
52.18agreement, or lease waive a state park permit and associated fee for motor vehicle entry or
52.19parking for persons playing golf at the Fort Ridgely State Park golf course provided that
52.20the contract, concession agreement, or lease payment to the state is set, in part, to compensate
52.21the state park system for the loss of the state park fees.
52.22 Sec. 32. Minnesota Statutes 2016, section 85.055, subdivision 1, is amended to read:
52.23 Subdivision 1. Fees. The fee for state park permits for:
52.24(1) an annual use of state parks is
52.25(2) a second or subsequent vehicle state park permit is
52.26(3) a state park permit valid for one day is
52.27(4) a daily vehicle state park permit for groups is
52.28(5) an annual permit for motorcycles is
52.29(6) an employee's state park permit is without charge; and
53.1(7) a state park permit for persons with disabilities under section
53.2paragraph (a), clauses (1) to (3), is $12.
53.3The fees specified in this subdivision include any sales tax required by state law.
53.4 Sec. 33. Minnesota Statutes 2016, section 85.22, subdivision 2a, is amended to read:
53.5 Subd. 2a. Receipts, appropriation. All receipts derived from the rental or sale of state
53.6park items, tours
53.7programs, and operation of Douglas Lodge shall be deposited in the state treasury and be
53.8credited to the state parks working capital account. Receipts and expenses from Douglas
53.9Lodge shall be tracked separately within the account. Money in the account is annually
53.10appropriated for the purchase and payment of expenses attributable to items for resale or
53.11rental and operation of Douglas Lodge. Any excess receipts in this account are annually
53.12appropriated for state park management and interpretive programs.
53.13 Sec. 34. Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read:
53.14 Subdivision 1.
53.15authorized in cooperation with local units of government and private individuals and groups
53.16when feasible to
53.17section 85.0155 and on the following rivers, which have historic, recreational, and scenic
53.18values: Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon,
53.19Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro,
53.20Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa
53.21from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River
53.22of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock,
53.23St. Louis County, North Fork of the Crow, and South Fork of the Crow
53.24
53.25points of interest, public water access sites, portages, camp sites, and
53.26waterfalls,
53.27watercraft travelers. The commissioner may maintain passageway for watercraft on state
53.28water trails.
53.29 Sec. 35. [85.47] SPECIAL USE PERMITS; FEES.
53.30Fees collected for special use permits to use state trails not on state forest, state park, or
53.31state recreation area lands and for use of state water access sites must be deposited in the
53.32natural resources fund.
54.1 Sec. 36. Minnesota Statutes 2016, section 86B.301, subdivision 2, is amended to read:
54.2 Subd. 2. Exemptions. A watercraft license is not required for:
54.3(1) a watercraft that is covered by a license or number in full force and effect under
54.4federal law or a federally approved licensing or numbering system of another state, or a
54.5watercraft that is owned by a person from another state and that state does not require
54.6licensing that type of watercraft, and the watercraft has not been within this state for more
54.7than 90 consecutive days, which does not include days that a watercraft is laid up at dock
54.8over winter or for repairs at a Lake Superior port or another port in the state;
54.9(2) a watercraft from a country other than the United States that has not been within this
54.10state for more than 90 consecutive days, which does not include days that a watercraft is
54.11laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
54.12(3) a watercraft owned by the United States, an Indian tribal government, a state, or a
54.13political subdivision of a state, except watercraft used for recreational purposes;
54.14(4) a ship's lifeboat;
54.15(5) a watercraft that has been issued a valid marine document by the United States
54.16government;
54.17(6) a waterfowl boat during waterfowl-hunting season;
54.18(7) a rice boat during the harvest season;
54.19(8) a seaplane;
54.20(9) a nonmotorized watercraft ten feet in length or less; and
54.21(10) a watercraft that is covered by a valid license or number issued by a federally
54.22recognized Indian tribe in the state under a federally approved licensing or numbering system
54.23and that is owned by a member of that tribe.
54.24 Sec. 37. Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read:
54.25 Subdivision 1. General requirements. (a) In addition to requirements of other laws
54.26relating to watercraft, a person may not operate or permit the operation of a personal
54.27watercraft:
54.28(1) without each person on board the personal watercraft wearing a
54.29
54.30United States Coast Guard (USCG) and has a USCG label indicating
54.31either is approved for or does not prohibit use with personal watercraft
55.1(2) between one hour before sunset and 9:30 a.m.;
55.2(3) at greater than slow-no wake speed within 150 feet of:
55.3(i) a shoreline;
55.4(ii) a dock;
55.5(iii) a swimmer;
55.6(iv) a raft used for swimming or diving; or
55.7(v) a moored, anchored, or nonmotorized watercraft;
55.8(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other
55.9device unless:
55.10(i) an observer is on board; or
55.11(ii) the personal watercraft is equipped with factory-installed or factory-specified
55.12accessory mirrors that give the operator a wide field of vision to the rear;
55.13(5) without the lanyard-type engine cutoff switch being attached to the person, clothing,
55.14or personal flotation device of the operator, if the personal watercraft is equipped by the
55.15manufacturer with such a device;
55.16(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or
55.17tampered with so as to interfere with the return-to-idle system;
55.18(7) to chase or harass wildlife;
55.19(8) through emergent or floating vegetation at other than a slow-no wake speed;
55.20(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property,
55.21including weaving through congested watercraft traffic, jumping the wake of another
55.22watercraft within 150 feet of the other watercraft, or operating the watercraft while facing
55.23backwards;
55.24(10) in any other manner that is not reasonable and prudent; or
55.25(11) without a personal watercraft rules decal, issued by the commissioner, attached to
55.26the personal watercraft so as to be in full view of the operator.
55.27(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft
55.28to launch or land a person on water skis, a kneeboard, or similar device by the most direct
55.29route to open water.
56.1 Sec. 38. Minnesota Statutes 2016, section 86B.701, subdivision 3, is amended to read:
56.2 Subd. 3. Allocation of funding. (a) Notwithstanding section 16A.41, expenditures
56.3directly related to each appropriation's purpose made on or after January 1 of the fiscal year
56.4in which the grant is made or the date of work plan approval, whichever is later, are eligible
56.5for reimbursement unless otherwise provided.
56.6(b) The amount of funds to be allocated under subdivisions 1 and 2 and shall be
56.7determined by the commissioner on the basis of the following criteria:
56.8(1) the number of watercraft using the waters wholly or partially within the county;
56.9(2) the number of watercraft using particular bodies of water, wholly or partially within
56.10the county, in relation to the size of the body of water and the type, speed, and size of the
56.11watercraft utilizing the water body;
56.12(3) the amount of water acreage wholly or partially within the county;
56.13(4) the overall performance of the county in the area of boat and water safety;
56.14(5) special considerations, such as volume of transient or nonresident watercraft use,
56.15number of rental watercraft, extremely large bodies of water wholly or partially in the
56.16county; or
56.17(6) any other factor as determined by the commissioner.
56.18
56.19surveys or studies, or utilize local surveys or studies to determine the criteria required in
56.20allocation funds.
56.21 Sec. 39. Minnesota Statutes 2016, section 88.01, subdivision 28, is amended to read:
56.22 Subd. 28. Prescribed burn. "Prescribed burn" means a fire that is intentionally ignited,
56.23managed, and controlled for the purpose of managing forests, prairies, or wildlife habitats
56.24by an entity meeting certification requirements established by the commissioner
56.25
56.26boundaries and requires immediate suppression action by a local fire department or other
56.27agency with wildfire suppression responsibilities is considered a wildfire.
56.28 Sec. 40. Minnesota Statutes 2016, section 88.523, is amended to read:
56.2988.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.
57.1Upon application of the owner, any auxiliary forest contract may be made subject to any
57.2provisions of law enacted subsequent to the execution of the contract and in force at the
57.3time of application, so far as not already applicable, with the approval of the county board
57.4and the commissioner of natural resources. A supplemental agreement in a
57.5prescribed by the commissioner
57.6the commissioner in behalf of the state and by the owner. The supplemental agreement must
57.7be filed and recorded in like manner as the supplemental contract under section
57.8subdivision 9
57.9 Sec. 41. Minnesota Statutes 2016, section 89.39, is amended to read:
57.1089.39 PURCHASE AGREEMENTS AND PENALTIES.
57.11Every individual, partnership, or private corporation to whom any planting stock is
57.12supplied for planting on private land
57.13execute an agreement,
57.14commissioner, to comply with
57.15conditions prescribed by the commissioner
57.16agreement who
57.17to any other penalties that may be applicable,
57.18times the reasonable value of the trees affected by the violation at the time the
57.19were shipped for planting; provided, that if
57.20any purpose not
57.21is equal to three times the sale price.
57.22action brought in the name of the state by the attorney general.
57.23 Sec. 42. Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision to
57.24read:
57.25 Subd. 1a. Affiliate. "Affiliate" means a person who:
57.26(1) controls, is controlled by, or is under common control with any other person,
57.27including, without limitation, a partner, business entity with common ownership, or principal
57.28of any business entity or a subsidiary, parent company, or holding company of any person;
57.29or
57.30(2) bids as a representative for another person.
58.1 Sec. 43. Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read:
58.2 Subd. 8. Permit holder. "Permit holder" means the person or affiliate of the person who
58.3is the signatory of a permit to cut timber on state lands.
58.4 Sec. 44. Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read:
58.5 Subd. 12. Responsible bidder. "Responsible bidder" means a person or affiliate of a
58.6person who is financially responsible; demonstrates the judgment, skill, ability, capacity,
58.7and integrity requisite and necessary to perform according to the terms of a permit issued
58.8under this chapter; and is not currently debarred by
58.9cause.
58.10 Sec. 45. Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read:
58.11 Subd. 2. Trespass on state lands. The commissioner may compromise and settle
58.12
58.13the state for casual and involuntary trespass upon state lands or timber; provided that no
58.14claim shall be settled for less than the full value of all timber or other materials taken in
58.15casual trespass or the full amount of all actual damage or loss suffered by the state as a
58.16result. Upon request, the commissioner shall advise the Executive Council of any information
58.17acquired by the commissioner concerning any trespass on state lands, giving all details and
58.18names of witnesses and all compromises and settlements made under this subdivision.
58.19 Sec. 46. Minnesota Statutes 2016, section 90.051, is amended to read:
58.2090.051 SUPERVISION OF SALES; BOND.
58.21The department employee delegated to supervise state timber appraisals and sales shall
58.22be bonded in a form to be prescribed by the
58.23of not less than $25,000, conditioned upon the faithful and honest performance of duties.
58.24 Sec. 47. Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read:
58.25 Subd. 2. Sale list and notice. At least 30 days before the date of sale, the commissioner
58.26shall compile a list containing a description of each tract of land upon which any timber to
58.27be offered is situated and a statement of the estimated quantity of timber and of the appraised
58.28price of each kind of timber thereon as shown by the report of the state appraiser. No
58.29description shall be added after the list is posted and no timber shall be sold from land not
58.30described in the list. Copies of the list
58.31At least 30 days before the date of sale, a copy of the list
59.1or conspicuously posted in the forest office or other public facility most accessible to potential
59.2bidders
59.3
59.4
59.5
59.6The commissioner may give other published or posted notice as the commissioner deems
59.7proper to reach prospective bidders.
59.8 Sec. 48. Minnesota Statutes 2016, section 90.14, is amended to read:
59.990.14 AUCTION SALE PROCEDURE.
59.10(a) All state timber shall be offered and sold by the same unit of measurement as it was
59.11appraised. No tract shall be sold to any person other than the
59.12in whose name the bid was made. The commissioner may refuse to approve any and all bids
59.13received and cancel a sale of state timber for good and sufficient reasons.
59.14(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid,
59.15or, if unsold at public auction, at the time of purchase at a subsequent sale under section
59.17appraised value. In case any purchaser fails to make such payment, the purchaser shall be
59.18liable therefor to the state in a civil action, and the commissioner may reoffer the timber
59.19for sale as though no bid or sale under section
59.20made.
59.21(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state
59.22timber may, at the time of payment by the purchaser to the commissioner of 15 percent of
59.23the appraised value, elect in
59.24commissioner to purchase a permit based solely on the appraiser's estimate of the volume
59.25of timber described in the permit, provided that the commissioner has expressly designated
59.26the availability of such option for that tract on the list of tracts available for sale as required
59.27under section
59.28
59.29of the volume of timber described on the permit does not have recourse to the provisions
59.30of section
59.31(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be
59.32awarded to the high bidder, who shall pay to the commissioner a down payment of 15
59.33percent of the appraised value that must be received or postmarked within 14 days of the
59.34date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser
60.1is liable for the down payment to the state and the commissioner may offer the timber for
60.2sale to the next highest bidder as though no higher bid had been made.
60.3(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued
60.4under section
60.5payment to the commissioner in an amount equal to 15 percent of the total purchase price
60.6of the permit less the down payment amount required by paragraph (b) for any bid increase
60.7in excess of $10,000 of the appraised value. If a required bid guarantee payment is not
60.8submitted with the signed permit, no harvesting may occur, the permit cancels, and the
60.9down payment for timber forfeits to the state. The bid guarantee payment forfeits to the
60.10state if the purchaser and successors in interest fail to execute an effective permit.
60.11 Sec. 49. Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read:
60.12 Subd. 2. Purchaser registration. To facilitate the sale of permits issued under section
60.14of a person or affiliate as a responsible bidder to purchase a timber permit. Any system
60.15implemented by the commissioner shall be limited in scope to only that information that is
60.16required for the efficient administration of the purchaser qualification requirements of this
60.17chapter. The registration system established under this subdivision is not subject to the
60.18rulemaking provisions of chapter 14 and section
60.19 Sec. 50. Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read:
60.20 Subdivision 1. Issuance; expiration. (a) Following receipt of the down payment for
60.21state timber required under section
60.22permit to the purchaser, in a
60.23by the terms of which the purchaser
60.24and remove the timber
60.25of the state appraiser, according to the provisions of this chapter. The permit
60.26correctly dated and executed by the commissioner and signed by the purchaser. If a permit
60.27is not signed by the purchaser within 45 days from the date of purchase, the permit cancels
60.28and the down payment for timber required under section
60.29commissioner may grant an additional period for the purchaser to sign the permit, not to
60.30exceed ten business days, provided the purchaser pays a $200 penalty fee.
60.31 (b) The permit
60.32commissioner shall specify or as specified under section
60.33be cut and removed within the time specified
61.1holder must request,
61.2sufficient reasons, up to 90 additional days for the completion of skidding, hauling, and
61.3removing all equipment and buildings. All cut timber, equipment, and buildings not removed
61.4from the land after expiration of the permit becomes the property of the state.
61.5 (c) The commissioner may grant
61.6for
61.7request by the permit holder for good and sufficient reasons. The permit holder may combine
61.8in the written request under this paragraph the request for additional time under paragraph
61.9(b).
61.10 Sec. 51. Minnesota Statutes 2016, section 90.162, is amended to read:
61.1190.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.
61.12In lieu of the security deposit equal to the value of all timber covered by the permit
61.13required by section
61.14prescribed by the
61.15of Minnesota equal to the purchase price for any designated cutting block identified on the
61.16permit before the date the purchaser enters upon the land to begin harvesting the timber on
61.17the designated cutting block.
61.18 Sec. 52. Minnesota Statutes 2016, section 90.252, is amended to read:
61.1990.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES;
61.20FEES.
61.21 Subdivision 1. Scaling agreement. The commissioner may enter into an agreement with
61.22either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling
61.23of the cut timber and the collection of the payment for the same can be consummated by
61.24the state.
61.25
61.26and
61.27and payment collection procedure may be used for any state timber sale, except that no
61.28permittee who is also the consumer shall both cut and scale the timber sold unless
61.29scaling is supervised by a state scaler.
61.30 Subd. 2. Weight measurement services; fees. The commissioner may enter into an
61.31agreement with the owner or operator of any weight scale inspected, tested, and approved
61.32under chapter 239 to provide weight measurements for
62.1to section
62.2
62.3state timber permit so scaled, and
62.4the interests of the state. Except as otherwise provided by the commissioner, the cost of any
62.5agreement to provide weight measurement of state timber
62.6holder of any state timber permit so measured and the cost
62.7statement of the amount due for the permit under section
62.8 Sec. 53. Minnesota Statutes 2016, section 93.25, subdivision 2, is amended to read:
62.9 Subd. 2. Lease requirements. All leases for nonferrous metallic minerals or petroleum
62.10must be approved by the Executive Council, and any other mineral lease issued pursuant
62.11to this section that covers 160 or more acres must be approved by the Executive Council.
62.12The rents, royalties, terms, conditions, and covenants of all such leases shall be fixed by
62.13the commissioner according to rules adopted by the commissioner, but no lease shall be for
62.14a longer term than 50 years, and all rents, royalties, terms, conditions, and covenants shall
62.15be fully set forth in each lease issued. No lease shall be canceled by the state for failure to
62.16meet production requirements prior to the 36th year of the lease. The rents and royalties
62.17shall be credited to the funds as provided in section
62.18EFFECTIVE DATE.This section is effective the day following final enactment and
62.19applies to leases in effect or issued on or after that date.
62.20 Sec. 54. Minnesota Statutes 2016, section 93.47, subdivision 4, is amended to read:
62.21 Subd. 4. Administration and enforcement. The commissioner shall administer and
62.22enforce sections
62.23commissioner may (1) conduct such investigations and inspections as the commissioner
62.24deems necessary for the proper administration of sections
62.25any parts of the mining areas in connection with any such investigation and inspection
62.26without liability to the operator or landowner provided that reasonable prior notice of
62.27intention to do so shall have been given the operator or landowner; (3) conduct such research
62.28or enter into contracts related to mining areas and the reclamation thereof as may be necessary
62.29to carry out the provisions of sections
62.30that are approved by the commissioner under a permit to mine on or after July 1, 1991, and
62.31that are not otherwise deposited in a state wetland bank
62.32EFFECTIVE DATE.This section is effective retroactively from July 1, 1991.
63.1 Sec. 55. Minnesota Statutes 2016, section 93.481, subdivision 2, is amended to read:
63.2 Subd. 2. Commissioner's review; hearing
63.3receiving
63.4
63.5filed, the commissioner shall grant the permit applied for, with or without modifications or
63.6conditions, or deny the application unless a contested case hearing is requested under section
63.793.483.
63.8
63.9
63.10
63.11
63.12
63.13
63.14
63.15to grant the permit, with or without modifications, or deny the application constitutes a final
63.16order for purposes of section 93.50. The commissioner in granting a permit with or without
63.17modifications shall determine that the reclamation or restoration planned for the operation
63.18complies with lawful requirements and can be accomplished under available technology
63.19and that a proposed reclamation or restoration technique is practical and workable under
63.20available technology. The commissioner may hold public meetings on the application.
63.21 Sec. 56. [93.483] CONTESTED CASE.
63.22 Subdivision 1. Petition for contested case hearing. Any person owning property that
63.23is adjacent to the proposed operation or any federal, state, or local government having
63.24responsibilities affected by the proposed operation identified in the application for a permit
63.25to mine under section 93.481 may file a petition with the commissioner to hold a contested
63.26case hearing on the completed application. To be considered by the commissioner, a petition
63.27must be submitted in writing, must contain the information specified in subdivision 2, and
63.28must be submitted to the commissioner within 30 days after the application is deemed
63.29complete and filed. In addition, the commissioner may, on the commissioner's own motion,
63.30order a contested case hearing on the completed application.
63.31 Subd. 2. Petition contents. (a) A petition for a contested case hearing must include the
63.32following information:
63.33(1) a statement of reasons or proposed findings supporting the commissioner's decision
63.34to hold a contested case hearing pursuant to the criteria in subdivision 3; and
64.1(2) a statement of the issues proposed to be addressed by a contested case hearing and
64.2the specific relief requested or resolution of the matter.
64.3(b) To the extent known by the petitioner, a petition for a contested case hearing may
64.4also include:
64.5(1) a proposed list of prospective witnesses to be called, including experts, with a brief
64.6description of the proposed testimony or a summary of evidence to be presented at a contested
64.7case hearing;
64.8(2) a proposed list of publications, references, or studies to be introduced and relied
64.9upon at a contested case hearing; and
64.10(3) an estimate of time required for the petitioner to present the matter at a contested
64.11case hearing.
64.12(c) A petitioner is not bound or limited to the witnesses, materials, or estimated time
64.13identified in the petition if the requested contested case is granted by the commissioner.
64.14(d) Any person may serve timely responses to a petition for a contested case hearing.
64.15The commissioner shall establish deadlines for responses to be submitted.
64.16 Subd. 3. Commissioner's decision to hold hearing. The commissioner may grant the
64.17petition to hold a contested case hearing or order upon the commissioner's own motion that
64.18a contested case hearing be held if the commissioner finds that:
64.19(1) there is a material issue of fact in dispute concerning the completed application before
64.20the commissioner;
64.21(2) the commissioner has jurisdiction to make a determination on the disputed material
64.22issue of fact; and
64.23(3) there is a reasonable basis underlying a disputed material issue of fact so that a
64.24contested case hearing would allow the introduction of information that would aid the
64.25commissioner in resolving the disputed facts in order to make a final decision on the
64.26completed application.
64.27 Subd. 4. Hearing upon demand of applicant. If the commissioner denies an application,
64.28the applicant may, within 30 days after receipt of the commissioner's order denying the
64.29application, file a demand for a contested case.
64.30 Subd. 5. Scope of hearing. If the commissioner decides to hold a contested case hearing,
64.31the commissioner shall identify the issues to be resolved and limit the scope and conduct
64.32of the hearing in accordance with applicable law, due process, and fundamental fairness.
65.1The commissioner may, before granting or ordering a contested case hearing, develop a
65.2proposed permit or permit conditions to inform the contested case. The contested case
65.3hearing must be conducted in accordance with sections 14.57 to 14.62. The final decision
65.4by the commissioner to grant, with or without modifications or conditions, or deny the
65.5application after a contested case shall constitute a final order for purposes of section 93.50.
65.6 Subd. 6. Consistency with administrative rules. The commissioner shall construe the
65.7administrative procedures under Minnesota Rules, parts 6130.4800 and 6132.4000, in a
65.8manner that is consistent with this section. To the extent any provision of Minnesota Rules,
65.9parts 6130.4800 and 6132.4000, conflicts with this section, this section controls.
65.10 Sec. 57. Minnesota Statutes 2016, section 93.50, is amended to read:
65.1193.50 APPEAL.
65.12Any person aggrieved by any final order, ruling, or decision of the commissioner may
65.13
65.14
65.15 Sec. 58. Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read:
65.16 Subd. 9. Approval by
65.17shall be consummated unless the
65.18commissioner determines that the title to the land proposed to be conveyed to the state is
65.19good and
65.20reservations herein authorized. The commissioner may use title insurance to aid in the title
65.21determination. If required by the
65.22submit an abstract of title and make and file with the commissioner an affidavit as to
65.23possession of the land, improvements, liens, and encumbrances thereon, and other matters
65.24affecting the title.
65.25 Sec. 59. Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read:
65.26 Subd. 9. Approval of county attorney. No exchange of class B land shall be
65.27consummated unless the title to the land proposed to be exchanged therefor
65.28approved by the county attorney in like manner as provided for approval by the
65.29
65.30
66.1 Sec. 60. Minnesota Statutes 2016, section 97A.015, is amended by adding a subdivision
66.2to read:
66.3 Subd. 35a. Portable shelter. "Portable shelter" means a fish house, dark house, or other
66.4shelter that is set on the ice of state waters to provide shelter and that collapses, folds, or is
66.5disassembled for transportation.
66.6 Sec. 61. Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read:
66.7 Subd. 39. Protected wild animals. "Protected wild animals"
66.8
66.9ciscoes, chubs,
66.10turtles, clams, mussels, wolf, mourning doves, bats, snakes, salamanders, lizards, any animal
66.11species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter
66.126134, and wild animals that are protected by a restriction in the time or manner of taking,
66.13other than a restriction in the use of artificial lights, poison, or motor vehicles.
66.14 Sec. 62. Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read:
66.15 Subd. 43. Rough fish. "Rough fish" means carp, buffalo, sucker, sheepshead, bowfin,
66.16burbot, cisco, gar, goldeye, and bullhead, except for any fish species listed as endangered,
66.17threatened, or of special concern in Minnesota Rules, chapter 6134.
66.18 Sec. 63. Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read:
66.19 Subd. 45. Small game. "Small game" means game birds, gray squirrel, fox squirrel,
66.20cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, short-tailed weasel,
66.21long-tailed weasel, wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar,
66.22wolverine, muskrat, mink, otter, and beaver.
66.23 Sec. 64. Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read:
66.24 Subd. 52. Unprotected birds. "Unprotected birds" means English sparrow,
66.25starling,
66.26quail other than bobwhite quail, and mute swan.
66.27 Sec. 65. Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read:
66.28 Subd. 53. Unprotected wild animals. "Unprotected wild animals" means wild animals
66.29that are not protected wild animals including
67.1striped skunk, and unprotected birds, except any animal species listed as endangered,
67.2threatened, or of special concern in Minnesota Rules, chapter 6134.
67.3 Sec. 66. Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read:
67.4 Subd. 10. Reciprocal agreements on violations. The commissioner
67.5
67.6in other states and the United States government to provide for:
67.7(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents
67.8for violations of game and fish laws committed in signatory jurisdictions
67.9in license revocation in that jurisdiction;
67.10(2) reporting convictions and license revocations of residents of signatory states for
67.11violations of game and fish laws of Minnesota to game and fish authorities in the
67.12nonresident's state of residence; and
67.13(3) release upon signature without posting of bail for residents of signatory states accused
67.14of game and fish law violations in this state, providing for recovery, in the resident
67.15jurisdiction, of fines levied if the citation is not answered in this state.
67.16As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail.
67.17 Sec. 67. Minnesota Statutes 2016, section 97A.055, subdivision 2, is amended to read:
67.18 Subd. 2. Receipts. The commissioner of management and budget shall credit to the
67.19game and fish fund all money received under the game and fish laws and all income from
67.20state lands acquired by purchase or gift for game or fish purposes, including receipts from:
67.21(1) licenses and permits issued;
67.22(2) fines and forfeited bail;
67.23(3) sales of contraband, wild animals, and other property under the control of the division,
67.24except as provided in section 97A.225, subdivision 8, clause (2);
67.25(4) fees from advanced education courses for hunters and trappers;
67.26(5) reimbursements of expenditures by the division;
67.27(6) contributions to the division; and
67.28(7) revenue credited to the game and fish fund under section
67.29clause (1).
68.1 Sec. 68. Minnesota Statutes 2016, section 97A.075, subdivision 1, is amended to read:
68.2 Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this subdivision,
68.3"deer license" means a license issued under section
68.4(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and
68.58, paragraph (b), and licenses issued under section
68.6 (b) $2 from each annual deer license and $2 annually from the lifetime fish and wildlife
68.7trust fund, established in section
68.8subdivision 4
68.9commissioner for deer habitat improvement or deer management programs.
68.10 (c) $1 from each annual deer license and each bear license and $1 annually from the
68.11lifetime fish and wildlife trust fund, established in section
68.12under section
68.13account and is appropriated to the commissioner for deer and bear management programs,
68.14including a computerized licensing system.
68.15 (d) Fifty cents from each deer license is credited to the emergency deer feeding and wild
68.16cervidae health management account and is appropriated for emergency deer feeding and
68.17wild cervidae health management. Money appropriated for emergency deer feeding and
68.18wild cervidae health management is available until expended.
68.19 When the unencumbered balance in the appropriation for emergency deer feeding and
68.20wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
68.21unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
68.22management programs and computerized licensing.
68.23
68.24
68.25
68.26
68.27EFFECTIVE DATE.This section is effective July 1 of the year following the year the
68.28wolf is delisted under the federal Endangered Species Act.
68.29 Sec. 69. Minnesota Statutes 2016, section 97A.137, subdivision 5, is amended to read:
68.30 Subd. 5. Portable stands.
68.31stand may be left overnight in a wildlife management area by a person with a valid
68.32license
68.33
69.1person leaving a portable stand overnight under this subdivision must affix a tag with: (1)
69.2the person's name and address; (2) the licensee's driver's license number; or (3) the "MDNR#"
69.3license identification number issued to the licensee. The tag must be affixed to the stand in
69.4a manner that it can be read from the ground and be made of a material sufficient to withstand
69.5weather conditions. A person leaving a portable stand overnight in a wildlife management
69.6area may not leave more than two portable stands in any one wildlife management area.
69.7 Sec. 70. Minnesota Statutes 2016, section 97A.201, subdivision 2, is amended to read:
69.8 Subd. 2. Duty of
69.9officers must enforce the game and fish laws.
69.10 Sec. 71. Minnesota Statutes 2016, section 97A.201, is amended by adding a subdivision
69.11to read:
69.12 Subd. 3. Prosecuting authority. County attorneys are the primary prosecuting authority
69.13for violations under section 97A.205, clause (5). Prosecution includes associated civil
69.14forfeiture actions provided by law.
69.15 Sec. 72. Minnesota Statutes 2016, section 97A.225, subdivision 8, is amended to read:
69.16 Subd. 8. Proceeds of sale.
69.17after payment of the costs of seizing, towing, keeping, and selling the property
69.18
69.19
69.20(1) 70 percent of the money or proceeds shall be deposited in the state treasury and
69.21credited to the game and fish fund; and
69.22(2) 30 percent of the money or proceeds is considered a cost of forfeiting the property
69.23and must be forwarded to the prosecuting authority that handled the forfeiture for deposit
69.24as a supplement to its operating fund or similar fund for prosecutorial purposes.
69.25 Sec. 73. Minnesota Statutes 2016, section 97A.301, subdivision 1, is amended to read:
69.26 Subdivision 1. Misdemeanor. Unless a different penalty is prescribed, a person is guilty
69.27of a misdemeanor if that person:
69.28(1)
69.29game and fish laws;
69.30(2) aids or assists in committing the violation;
70.1(3) knowingly shares in the proceeds of the violation;
70.2(4) fails to perform a duty or comply with a requirement of the game and fish laws;
70.3(5) knowingly makes a false statement related to an affidavit regarding a violation or
70.4requirement of the game and fish laws; or
70.5(6) violates or attempts to violate a rule under the game and fish laws.
70.6 Sec. 74. Minnesota Statutes 2016, section 97A.338, is amended to read:
70.797A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.
70.8(a) A person who takes, possesses, or transports wild animals over the legal limit, in
70.9closed season, or without a valid license, when the restitution value of the wild animals is
70.10over $1,000 is guilty of a gross overlimit violation. Except as provided in paragraph (b), a
70.11violation under this
70.12(b) If a wild animal involved in a gross overlimit violation is listed as a threatened or
70.13endangered wild animal, the penalty in paragraph (a) does not apply unless more than one
70.14animal is taken, possessed, or transported in violation of the game and fish laws.
70.15 Sec. 75. Minnesota Statutes 2016, section 97A.420, subdivision 1, is amended to read:
70.16 Subdivision 1. Seizure. (a) An enforcement officer shall immediately seize the license
70.17of a person who unlawfully takes, transports, or possesses wild animals when the restitution
70.18value of the wild animals exceeds $500. Except as provided in subdivisions 2, 4, and 5, the
70.19person may not use or obtain any license to take the same type of wild animals involved,
70.20including a duplicate license, until an action is taken under subdivision 6. If the license
70.21seized under this paragraph was for a big game animal, the license seizure applies to all
70.22licenses to take big game issued to the individual. If the license seized under this paragraph
70.23was for small game animals, the license seizure applies to all licenses to take small game
70.24issued to the individual.
70.25(b) In addition to the license seizure under paragraph (a), if the restitution value of the
70.26wild animals unlawfully taken, possessed, or transported is
70.27game and fish licenses held by the person shall be immediately seized. Except as provided
70.28in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
70.29including a duplicate license, until an action is taken under subdivision 6.
70.30(c) A person may not take wild animals covered by a license seized under this subdivision
70.31until an action is taken under subdivision 6.
71.1 Sec. 76. Minnesota Statutes 2016, section 97A.421, subdivision 2a, is amended to read:
71.2 Subd. 2a. Issuance after conviction; gross overlimits. (a) A person may not obtain a
71.3license to take a wild animal and is prohibited from taking wild animals for ten years after
71.4the date of conviction of a violation when the restitution value of the wild animals is $2,000
71.5or more.
71.6(b) A person may not obtain a license to take a wild animal and is prohibited from taking
71.7wild animals for
71.8(1) a violation when the restitution value of the wild animals is
71.9but less than $2,000; or
71.10(2) a violation when the restitution value of the wild animals exceeds $500 and the
71.11violation occurs within ten years of one or more previous license revocations under this
71.12subdivision.
71.13
71.14violation when the restitution value of the wild animals exceeds $500 and is prohibited from
71.15taking the type of wild animals involved in the violation for
71.16date of conviction of a violation.
71.17
71.18
71.19revocation period.
71.20(e) If a wild animal involved in the conviction is listed as a threatened or endangered
71.21wild animal, the revocations under this subdivision do not apply unless more than one animal
71.22is taken, possessed, or transported in violation of the game and fish laws.
71.23
71.24under this subdivision.
71.25 Sec. 77. Minnesota Statutes 2016, section 97A.441, subdivision 1, is amended to read:
71.26 Subdivision 1. Angling and spearing; disabled residents. (a) A person authorized to
71.27issue licenses must issue, without a fee, licenses to take fish by angling or spearing to a
71.28resident who is:
71.29(1) blind;
71.30(2) a recipient of Supplemental Security Income for the aged, blind, and disabled;
72.1(3) a recipient of Social Security aid to the disabled under United States Code, title 42,
72.2section 416, paragraph (i)(l), or section 423(d);
72.3(4) a recipient of workers' compensation based on a finding of total and permanent
72.4disability;
72.5(5) 65 years of age or older and was qualified under clause (2) or (3) at the age of 64;
72.6
72.7(6) permanently disabled and meets the disability requirements for Supplemental Security
72.8Income or Social Security aid to the disabled under United States Code, title 42, section
72.9416, paragraph (i)(l), or section 423(d);
72.10(7) receiving aid under the federal Railroad Retirement Act of 1974, United States Code,
72.11title 45, section 231a(a)(1)(v); or
72.12(8) a former employee of the United States Postal Service receiving disability pay under
72.13United States Code, title 5, section 8337.
72.14(b) A driver's license or Minnesota identification card bearing the applicable designation
72.15under section
72.16under this subdivision at all agent locations.
72.17 Sec. 78. Minnesota Statutes 2016, section 97B.031, subdivision 6, is amended to read:
72.18 Subd. 6. Scopes
72.19a scope to take deer during the muzzleloader season. The scope may have magnification
72.20capabilities.
72.21 Sec. 79. [97B.032] RULES LIMITING USE OF LEAD SHOT PROHIBITED.
72.22The commissioner of natural resources shall not adopt rules further restricting the use
72.23of lead shot.
72.24EFFECTIVE DATE.This section is effective the day following final enactment and
72.25applies to rules adopted on or after that date.
72.26 Sec. 80. Minnesota Statutes 2016, section 97B.071, is amended to read:
72.2797B.071
72.28OR BLAZE PINK.
72.29 (a) Except as provided in rules adopted under paragraph (c), a person may not hunt or
72.30trap during the open season where deer may be taken by firearms under applicable laws and
73.1ordinances, unless the visible portion of the person's cap and outer clothing above the waist,
73.2excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze pink
73.3includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within each
73.4foot square. This section does not apply to migratory-waterfowl hunters on waters of this
73.5state or in a stationary shooting location or to trappers on waters of this state.
73.6 (b) Except as provided in rules adopted under paragraph (c), and in addition to the
73.7requirement in paragraph (a), a person may not take small game other than turkey, migratory
73.8birds, raccoons, and predators, except while trapping, unless a visible portion of at least one
73.9article of the person's clothing above the waist is blaze orange or blaze pink. This paragraph
73.10does not apply to a person when in a stationary location while hunting deer by archery or
73.11when hunting small game by falconry.
73.12 (c) The commissioner may, by rule, prescribe an alternative color in cases where
73.13paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
73.14Law 103-141.
73.15 (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only by
73.16a safety warning.
73.17 Sec. 81. Minnesota Statutes 2016, section 97B.405, is amended to read:
73.1897B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
73.19 (a) The commissioner may limit the number of persons that may hunt bear in an area,
73.20if it is necessary to prevent an overharvest or improve the distribution of hunters. The
73.21commissioner may establish, by rule, a method, including a drawing, to impartially select
73.22the hunters for an area. The commissioner shall give preference to hunters that have
73.23previously applied and have not been selected.
73.24(b) If the commissioner limits the number of persons that may hunt bear in an area under
73.25paragraph (a), the commissioner must reserve one permit and give first preference for that
73.26permit to a resident of a Minnesota veterans home.
73.27
73.28remaining available licenses not purchased shall be issued to any eligible person as prescribed
73.29by the commissioner on a first-come, first-served basis beginning three business days after
73.30August 1.
73.31 Sec. 82. Minnesota Statutes 2016, section 97B.431, is amended to read:
73.3297B.431 BEAR-HUNTING OUTFITTERS.
74.1 (a) A person may not place bait for bear, or guide hunters to take bear, for compensation
74.2without a bear-hunting-outfitter license. A bear-hunting outfitter is not required to have a
74.3license to take bear unless the outfitter is attempting to shoot a bear. The commissioner
74.4shall adopt rules for qualifications for issuance and administration of the licenses.
74.5 (b) The commissioner shall establish a resident master bear-hunting-outfitter license
74.6under which one person serves as the bear-hunting outfitter and one other person is eligible
74.7to guide and bait bear. Additional persons may be added to the license and are eligible to
74.8guide and bait bear under the license, provided the additional fee under section
74.9subdivision 16
74.10qualifications for issuance and administration of the licenses. The commissioner must not
74.11require a person to have certification or training in first aid or CPR to be eligible for a license
74.12under this section.
74.13 Sec. 83. Minnesota Statutes 2016, section 97B.516, is amended to read:
74.1497B.516 ELK MANAGEMENT PLAN.
74.15(a) The commissioner of natural resources must adopt an elk management plan that:
74.16(1) recognizes the value and uniqueness of elk;
74.17(2) provides for integrated management of an elk population in harmony with the
74.18environment; and
74.19(3) affords optimum recreational opportunities.
74.20(b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd in
74.21Kittson, Roseau, Marshall, or Beltrami Counties in a manner that would increase the size
74.22of the herd, including adoption or implementation of an elk management plan designed to
74.23increase an elk herd, unless the commissioner of agriculture verifies that crop and fence
74.24damages paid under section
74.25two years.
74.26(c) At least 60 days prior to implementing a plan to increase an elk herd, the
74.27commissioners of natural resources and agriculture must hold a joint public meeting in the
74.28county where the elk herd to be increased is located. At the meeting, the commissioners
74.29must present evidence that crop and fence damages have not increased in the prior two years
74.30and must detail the practices that will be used to reduce elk conflicts with area landowners.
75.1 Sec. 84. Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read:
75.2 Subdivision 1. Owners and occupants may take certain animals. A person or the
75.3person's agent may take bats, snakes, salamanders, lizards, weasel, mink, squirrel, rabbit,
75.4hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the
75.5person where the animal is causing damage. The person or the person's agent may take the
75.6animal without a license and in any manner except by
75.7season or by poison. Raccoons may be taken under this subdivision with artificial lights
75.8during open season. A person
75.9fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer
75.10or employee of the Fish and Wildlife Division within 24 hours after the animal is killed.
75.11 Sec. 85. Minnesota Statutes 2016, section 97C.315, subdivision 1, is amended to read:
75.12 Subdivision 1. Lines. An angler may not use more than one line except:
75.13(1) two lines may be used to take fish through the ice;
75.14(2) the commissioner may, by rule, authorize the use of two lines in areas designated by
75.15the commissioner in Lake Superior; and
75.16(3) two lines may be used to take fish during the open-water season, except on waters
75.17during a catch and release season for any species, by a resident or nonresident angler who
75.18purchases a second-line endorsement for $5. Of the amount collected from purchases of
75.19second-line endorsements, 50 percent must be spent on walleye stocking.
75.20EFFECTIVE DATE.This section is effective March 1, 2018.
75.21 Sec. 86. Minnesota Statutes 2016, section 97C.355, subdivision 2a, is amended to read:
75.22 Subd. 2a. Portable shelters. (a) A person using a portable shelter that is not identified
75.23under subdivision 1 may not leave the portable shelter unattended between midnight and
75.24sunrise and must remain within 200 feet of the shelter while the shelter is on the ice of state
75.25waters.
75.26(b) If a person leaves the portable shelter unattended any time between midnight and
75.27one hour before sunrise or is not within 200 feet of the portable shelter, the portable shelter
75.28must be licensed as provided under subdivision 2.
76.1 Sec. 87. Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read:
76.2 Subd. 2. Walleye
76.3may have no more than one walleye larger than 20 inches
76.4
76.5
76.6 Sec. 88. Minnesota Statutes 2016, section 97C.501, subdivision 1, is amended to read:
76.7 Subdivision 1. Minnow retailers. (a) A person may not be a minnow retailer without
76.8a minnow retailer license except as provided in subdivisions 2, paragraph (d), and 3. A
76.9person must purchase a minnow retailer license for each minnow retail outlet operated,
76.10except as provided by subdivision 2, paragraph (d).
76.11(b) A minnow retailer must obtain a minnow retailer's vehicle license for each motor
76.12vehicle used by the minnow retailer to transport more than 12 dozen minnows to the minnow
76.13retailer's place of business
76.14required to obtain a minnow retailer's vehicle license:
76.15(1) as provided in subdivision 3;
76.16(2) if the minnow retailer is licensed as a resort under section 157.16, is transporting
76.17minnows purchased from a minnow dealer's place of business directly to the resort, possesses
76.18a detailed receipt, including the date and time of purchase, and presents the receipt and
76.19minnows for inspection upon request; or
76.20(3) if minnows are being transported by common carrier and information is provided
76.21that allows the commissioner to find out the location of the shipment in the state.
76.22 Sec. 89. Minnesota Statutes 2016, section 97C.515, subdivision 2, is amended to read:
76.23 Subd. 2. Permit for transportation; importation. (a) A person may transport live
76.24minnows through the state with a permit from the commissioner. The permit must state the
76.25name and address of the person, the number and species of minnows, the point of entry into
76.26the state, the destination, and the route through the state. The permit is not valid for more
76.27than 12 hours after it is issued. A person must not import minnows into the state except as
76.28provided in this section.
76.29(b) Minnows transported under this subdivision must be in a tagged container. The tag
76.30number must correspond with tag numbers listed on the minnow transportation permit.
77.1(c) The commissioner may require the person transporting minnow species found on
77.2the official list of viral hemorrhagic septicemia susceptible species published by the United
77.3States Department of Agriculture, Animal and Plant Health Inspection Services, to provide
77.4health certification for viral hemorrhagic septicemia. The certification must disclose any
77.5incidentally isolated replicating viruses, and must be dated within the 12 months preceding
77.6transport.
77.7(d) Golden shiner minnows may be imported as provided in this subdivision. Golden
77.8shiner minnows that are imported must be certified as healthy according to Arkansas
77.9standards in accordance with the Arkansas baitfish certification program.
77.10(e) Golden shiner minnows must be certified free of viral hemorrhagic septicemia,
77.11infectious hematopoietic necrosis, infectious pancreatic necrosis, spring viremia of carp
77.12virus, fathead minnow nidovirus, heterosporis, aeromonas salmonicida, and yersinia ruckeri.
77.13(f) Golden shiner minnows must originate from a biosecure facility that has tested
77.14negative for invasive species.
77.15(g) Only a person that holds a Minnesota wholesale minnow dealer's license issued under
77.16section 97C.501, subdivision 2, may obtain a permit to import golden shiner minnows.
77.17 Sec. 90. Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision
77.18to read:
77.19 Subd. 7. Harvesting mussel shells. Live mussels may not be harvested. A person
77.20possessing a valid resident or nonresident angling license or a person not required to have
77.21an angling license to take fish may take and possess at any time, for personal use only, not
77.22more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may
77.23be harvested in waters of the state where fish may be taken by angling. Mussel shells must
77.24be harvested by hand-picking only and may not be purchased or sold.
77.25 Sec. 91. Minnesota Statutes 2016, section 103B.101, subdivision 12a, is amended to read:
77.26 Subd. 12a. Authority to issue penalty orders. (a)
77.27
77.28of the water resources riparian protection requirements under sections
77.29and
77.30for noncompliance commencing on day one of the 11th month after the noncompliance
77.31notice was issued. The proceeds collected from an administrative penalty order issued under
78.1this section must be remitted to
78.2
78.3(b) Before exercising this authority, the Board of Water and Soil Resources must adopt
78.4a plan containing procedures for the issuance of administrative penalty orders
78.5
78.6amendments, will become effective 30 days after being published in the State Register. The
78.7initial plan must be published in the State Register no later than July 1, 2017.
78.8(c) Administrative penalties may be reissued and appealed under paragraph (a) according
78.9to section
78.10 Sec. 92. Minnesota Statutes 2016, section 103F.411, subdivision 1, is amended to read:
78.11 Subdivision 1. Authority. The Board of Water and Soil Resources, in consultation with
78.12counties, soil and water conservation districts, and other appropriate agencies, shall adopt
78.13a model ordinance and rules that serve as a guide for local governments that have adopted
78.14a soil loss ordinance to implement sections
78.15procedures for the board for sections
78.16 Sec. 93. Minnesota Statutes 2016, section 103F.48, subdivision 1, is amended to read:
78.17 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have
78.18the meanings given them.
78.19(b) "Board" means the Board of Water and Soil Resources.
78.20(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive plants
78.21and noxious weeds, adjacent to all bodies of water within the state and that protects the
78.22water resources of the state from runoff pollution; stabilizes soils, shores, and banks; and
78.23protects or provides riparian corridors.
78.24(d) "Buffer protection map" means buffer maps established and maintained by the
78.25commissioner of natural resources.
78.26(e) "Commissioner" means the commissioner of natural resources.
78.27(f) "Executive director" means the executive director of the Board of Water and Soil
78.28Resources.
78.29(g) "Local water management authority" means a watershed district, metropolitan water
78.30management organization, or county operating separately or jointly in its role as local water
78.31management authority under chapter 103B or 103D.
79.1(h) "Normal water level" means the level evidenced by the long-term presence of surface
79.2water as indicated directly by hydrophytic plants or hydric soils or indirectly determined
79.3via hydrological models or analysis.
79.4(i) "Public waters"
79.5means public waters
79.6inventory as provided in section
79.7(j) "With jurisdiction" means a
79.8that has adopted a rule, ordinance, or official controls providing procedures for
79.9
79.10
79.11 Sec. 94. Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:
79.12 Subd. 3. Water resources riparian protection requirements on public waters and
79.13public drainage systems. (a) Except as provided in paragraph (b), landowners owning
79.14property adjacent to a water body identified and mapped on a buffer protection map must
79.15maintain a buffer to protect the state's water resources as follows:
79.16(1) for all public waters that have a shoreland classification, the more restrictive of:
79.17(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially
79.18rooted vegetation; or
79.19(ii) the state shoreland standards and criteria adopted by the commissioner under section
79.21(2) for public drainage systems established under chapter 103E and public waters that
79.22do not have a shoreland classification, a 16.5-foot minimum width continuous buffer as
79.23provided in section
79.24maintenance of the ditch.
79.25(b) A landowner owning property adjacent to a water body identified in a buffer protection
79.26map and whose property is used for cultivation farming may meet the requirements under
79.27paragraph (a) by adopting an alternative riparian water quality practice, or combination of
79.28structural, vegetative, and management practices, based on the Natural Resources
79.29Conservation Service Field Office Technical Guide or other practices approved by the local
79.30soil and water conservation district board, that provide water quality protection comparable
79.31to the buffer protection for the water body that the property abuts. Included in these practices
79.32are retention ponds and alternative measures that prevent overland flow to the water resource.
79.33A landowner, authorized agent, or operator may request the soil and water conservation
80.1district to make a determination whether a specific alternative water quality practice would
80.2meet the applicable requirements under this section. If a landowner, authorized agent, or
80.3operator has requested, at least 90 days before the applicable effective date under paragraph
80.4(e), that the soil and water conservation district make a determination, then the landowner
80.5must not be found noncompliant until the soil and water conservation district has notified
80.6the landowner, agent, or operator in writing whether the practice would meet the applicable
80.7requirements.
80.8(c) The width of a buffer on public waters must be measured from the top or crown of
80.9the bank. Where there is no defined bank, measurement must be from the edge of the normal
80.10water level. The width of the buffer on public drainage systems must be measured as provided
80.11in section
80.12(d) Upon request by a landowner or authorized agent or operator of a landowner, a
80.13technical professional employee or contractor of the soil and water conservation district or
80.14its delegate may issue a validation of compliance with the requirements of this subdivision.
80.15The soil and water conservation district validation may be appealed to the board as described
80.16in subdivision 9.
80.17(e) Buffers or alternative water quality practices required under paragraph (a) or (b)
80.18must be in place on or before:
80.19(1) November 1,
80.20(2) November 1,
80.21(f) Nothing in this section limits the eligibility of a landowner or authorized agent or
80.22operator of a landowner to participate in federal or state conservation programs, including
80.23enrolling or reenrolling in federal conservation programs.
80.24(g) After the effective date of this section, a person planting buffers or water quality
80.25protection practices to meet the requirements in paragraph (a) must use only seed mixes
80.26that are certified to be free of Palmer amaranth or other noxious weed seeds. The board, a
80.27county, or a watershed district must not take corrective action under subdivision 7 against
80.28a landowner who does not have seed available to comply with this paragraph.
80.29EFFECTIVE DATE.This section is effective the day following final enactment.
80.30 Sec. 95. Minnesota Statutes 2016, section 103F.48, subdivision 7, is amended to read:
80.31 Subd. 7. Corrective actions. (a) If the soil and water conservation district determines
80.32a landowner is not in compliance with this section, and the landowner has declined state or
81.1federal assistance to pay 100 percent of the cost to establish buffers or other water resource
81.2protection measures approved by the board and annual payments or an easement for the
81.3land, the district must notify the county or watershed district with jurisdiction over the
81.4noncompliant site and the board. The county or watershed district with jurisdiction or the
81.5board must provide the landowner with a list of corrective actions needed to come into
81.6compliance and a practical timeline to meet the requirements in this section. The county or
81.7watershed district with jurisdiction must provide a copy of the corrective action notice to
81.8the board.
81.9(b) A county or watershed district exercising jurisdiction under this subdivision
81.10
81.11jurisdiction and identify the ordinance, rule, or other official controls to carry out the
81.12compliance provisions of this section
81.13the board
81.14the board at least 60 days prior to the effective date of a subsequent decision on their
81.15jurisdiction.
81.16(c) If the landowner does not comply with the list of actions and timeline provided, the
81.17county or watershed district may enforce this section
81.19control of the county.
81.20
81.21
81.22
81.23site has not adopted a plan, rule, ordinance, or official control under this paragraph, the
81.24board must enforce this section under the authority granted in section
81.2512a
81.26(d) If the county, watershed district, or board determines that sufficient steps have been
81.27taken to fully resolve noncompliance, all or part of the penalty may be forgiven.
81.28(e) An order issued under paragraph (c) may be appealed to the board as provided under
81.29subdivision 9.
81.30(f) A corrective action is not required for conditions resulting from a flood or other act
81.31of nature.
81.32(g) A landowner agent or operator of a landowner may not remove or willfully degrade
81.33a riparian buffer or water quality practice, wholly or partially, unless the agent or operator
81.34has obtained a signed statement from the property owner stating that the permission for the
82.1work has been granted by the unit of government authorized to approve the work in this
82.2section or that a buffer or water quality practice is not required as validated by the soil and
82.3water conservation district. Removal or willful degradation of a riparian buffer or water
82.4quality practice, wholly or partially, by an agent or operator is a separate and independent
82.5offense and may be subject to the corrective actions and penalties in this subdivision.
82.6(h) A county or watershed district or the board shall not enforce this section unless
82.7federal or state assistance is available to the landowner to pay 100 percent of the cost to
82.8establish buffers or other water resource protection measures approved by the board and
82.9annual payments or an easement for the land.
82.10 Sec. 96. Minnesota Statutes 2016, section 103G.005, is amended by adding a subdivision
82.11to read:
82.12 Subd. 8a. Constructed management facilities for storm water. "Constructed
82.13management facilities for storm water" means ponds, basins, holding tanks, cisterns,
82.14infiltration trenches and swales, or other best management practices that have been designed,
82.15constructed, and operated to store or treat storm water in accordance with local, state, or
82.16federal requirements.
82.17 Sec. 97. Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to read:
82.18 Subd. 10b. Greater than 80 percent area. "Greater than 80 percent area" means a
82.19county
82.20percent or more of the presettlement wetland acreage is intact and:
82.21(1) ten percent or more of the current total land area is wetland; or
82.22(2) 50 percent or more of the current total land area is state or federal land.
82.23 Sec. 98. Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to read:
82.24 Subd. 10h. Less than 50 percent area. "Less than 50 percent area" means a county
82.25watershed, or, for purposes of wetland replacement, bank service area with less than 50
82.26percent of the presettlement wetland acreage intact or any county
82.27service area not defined as a "greater than 80 percent area" or "50 to 80 percent area."
82.28 Sec. 99. Minnesota Statutes 2016, section 103G.222, subdivision 1, is amended to read:
82.29 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or
82.30partially, unless replaced by actions that provide at least equal public value under a
83.1replacement plan approved as provided in section
83.2local governmental unit's comprehensive wetland protection and management plan approved
83.3by the board under section
83.5to mine. Project-specific wetland replacement plans submitted as part of a project for which
83.6a permit to mine is required and approved by the commissioner on or after July 1, 1991,
83.7may include surplus wetland credits to be allocated by the commissioner to offset future
83.8mining-related wetland impacts under any permits to mine held by the permittee, the operator,
83.9the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant to an
83.10assignment under section 93.481, subdivision 5. For project-specific wetland replacement
83.11completed prior to wetland impacts authorized or conducted under a permit to mine within
83.12the Great Lakes and Rainy River watershed basins, those basins shall be considered a single
83.13watershed for purposes of determining wetland replacement ratios. Mining reclamation
83.14plans shall apply the same principles and standards for replacing wetlands that are applicable
83.15to mitigation plans approved as provided in section
83.16provide notice of an application for wetland replacement under a permit to mine to the
83.17county in which the impact is proposed and the county in which a mitigation site is proposed.
83.18Public value must be determined in accordance with section
83.19wetland protection and management plan established under section
83.21flooded areas of types 3, 4, and 5 wetlands.
83.22 (b) Replacement must be guided by the following principles in descending order of
83.23priority:
83.24 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
83.25the wetland;
83.26 (2) minimizing the impact by limiting the degree or magnitude of the wetland activity
83.27and its implementation;
83.28 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland
83.29environment;
83.30 (4) reducing or eliminating the impact over time by preservation and maintenance
83.31operations during the life of the activity;
83.32 (5) compensating for the impact by restoring a wetland; and
83.33 (6) compensating for the impact by replacing or providing substitute wetland resources
83.34or environments.
84.1 For a project involving the draining or filling of wetlands in an amount not exceeding
84.210,000 square feet more than the applicable amount in section
84.3paragraph (a), the local government unit may make an on-site sequencing determination
84.4without a written alternatives analysis from the applicant.
84.5 (c) If a wetland is located in a cultivated field, then replacement must be accomplished
84.6through restoration only without regard to the priority order in paragraph (b), provided that
84.7the altered wetland is not converted to a nonagricultural use for at least ten years.
84.8 (d) If a wetland is replaced under paragraph (c), or drained under section
84.9subdivision 2
84.10that prohibits nonagricultural use for at least ten years. The local government unit may
84.11require the deed restriction if it determines the wetland area drained is at risk of conversion
84.12to a nonagricultural use within ten years based on the zoning classification, proximity to a
84.13municipality or full service road, or other criteria as determined by the local government
84.14unit.
84.15 (e) Restoration and replacement of wetlands must be accomplished in accordance with
84.16the ecology of the landscape area affected and ponds that are created primarily to fulfill
84.17storm water management, and water quality treatment requirements may not be used to
84.18satisfy replacement requirements under this chapter unless the design includes pretreatment
84.19of runoff and the pond is functioning as a wetland.
84.20 (f) Except as provided in paragraph (g), for a wetland or public waters wetland located
84.21on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland
84.22for each acre of drained or filled wetland.
84.23 (g) For a wetland or public waters wetland located on agricultural land or in a greater
84.24than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for
84.25each acre of drained or filled wetland.
84.26 (h) Wetlands that are restored or created as a result of an approved replacement plan are
84.27subject to the provisions of this section for any subsequent drainage or filling.
84.28 (i) Except in a greater than 80 percent area, only wetlands that have been restored from
84.29previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
84.30wetlands created by dikes or dams along public or private drainage ditches, or wetlands
84.31created by dikes or dams associated with the restoration of previously drained or filled
84.32wetlands may be used for wetland replacement according to rules adopted under section
84.34wetlands from one type to another are not eligible for wetland replacement.
85.1 (j) The Technical Evaluation Panel established under section
85.22
85.3characteristics of soils, vegetation, and hydrology before recommending that the wetland
85.4be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
85.5to believe that the wetland characteristics may change substantially, the panel shall postpone
85.6its recommendation until the wetland has stabilized.
85.7 (k) This section and sections
85.8to the state and its departments and agencies.
85.9 (l) For projects involving draining or filling of wetlands associated with a new public
85.10transportation project, and for projects expanded solely for additional traffic capacity, public
85.11transportation authorities may purchase credits from the board at the cost to the board to
85.12establish credits. Proceeds from the sale of credits provided under this paragraph are
85.13appropriated to the board for the purposes of this paragraph. For the purposes of this
85.14paragraph, "transportation project" does not include an airport project.
85.15 (m) A replacement plan for wetlands is not required for individual projects that result
85.16in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or
85.17replacement of a currently serviceable existing state, city, county, or town public road
85.18necessary, as determined by the public transportation authority, to meet state or federal
85.19design or safety standards or requirements, excluding new roads or roads expanded solely
85.20for additional traffic capacity lanes. This paragraph only applies to authorities for public
85.21transportation projects that:
85.22 (1) minimize the amount of wetland filling or draining associated with the project and
85.23consider mitigating important site-specific wetland functions on site;
85.24 (2) except as provided in clause (3), submit project-specific reports to the board, the
85.25Technical Evaluation Panel, the commissioner of natural resources, and members of the
85.26public requesting a copy at least 30 days prior to construction that indicate the location,
85.27amount, and type of wetlands to be filled or drained by the project or, alternatively, convene
85.28an annual meeting of the parties required to receive notice to review projects to be
85.29commenced during the upcoming year; and
85.30 (3) for minor and emergency maintenance work impacting less than 10,000 square feet,
85.31submit project-specific reports, within 30 days of commencing the activity, to the board
85.32that indicate the location, amount, and type of wetlands that have been filled or drained.
85.33 Those required to receive notice of public transportation projects may appeal
85.34minimization, delineation, and on-site mitigation decisions made by the public transportation
86.1authority to the board according to the provisions of section
86.2Technical Evaluation Panel shall review minimization and delineation decisions made by
86.3the public transportation authority and provide recommendations regarding on-site mitigation
86.4if requested to do so by the local government unit, a contiguous landowner, or a member
86.5of the Technical Evaluation Panel.
86.6 Except for state public transportation projects, for which the state Department of
86.7Transportation is responsible, the board must replace the wetlands, and wetland areas of
86.8public waters if authorized by the commissioner or a delegated authority, drained or filled
86.9by public transportation projects on existing roads.
86.10 Public transportation authorities at their discretion may deviate from federal and state
86.11design standards on existing road projects when practical and reasonable to avoid wetland
86.12filling or draining, provided that public safety is not unreasonably compromised. The local
86.13road authority and its officers and employees are exempt from liability for any tort claim
86.14for injury to persons or property arising from travel on the highway and related to the
86.15deviation from the design standards for construction or reconstruction under this paragraph.
86.16This paragraph does not preclude an action for damages arising from negligence in
86.17construction or maintenance on a highway.
86.18 (n) If a landowner seeks approval of a replacement plan after the proposed project has
86.19already affected the wetland, the local government unit may require the landowner to replace
86.20the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required.
86.21 (o) A local government unit may request the board to reclassify a county or watershed
86.22on the basis of its percentage of presettlement wetlands remaining. After receipt of
86.23satisfactory documentation from the local government, the board shall change the
86.24classification of a county or watershed. If requested by the local government unit, the board
86.25must assist in developing the documentation. Within 30 days of its action to approve a
86.26change of wetland classifications, the board shall publish a notice of the change in the
86.27Environmental Quality Board Monitor.
86.28 (p) One hundred citizens who reside within the jurisdiction of the local government unit
86.29may request the local government unit to reclassify a county or watershed on the basis of
86.30its percentage of presettlement wetlands remaining. In support of their petition, the citizens
86.31shall provide satisfactory documentation to the local government unit. The local government
86.32unit shall consider the petition and forward the request to the board under paragraph (o) or
86.33provide a reason why the petition is denied.
86.34EFFECTIVE DATE.This section is effective retroactively from July 1, 1991.
87.1 Sec. 100. Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:
87.2 Subd. 3. Wetland replacement siting. (a)
87.3wetlands outside of a greater than 80 percent area must not be replaced in a
87.4than 80 percent area
87.5
87.6follow this priority order:
87.7 (1)
87.8 (2) in the same watershed as the impacted wetland;
87.9 (3) in the same
87.10 (4) in another wetland bank service area.
87.11(b) Notwithstanding paragraph (a), wetland banking credits approved according to a
87.12complete wetland banking application submitted to a local government unit by April 1,
87.131996, may be used to replace wetland impacts resulting from public transportation projects
87.14statewide.
87.15 (c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement
87.16by wetland banking begins at paragraph (a), clause (3), according to rules adopted under
87.17section
87.18 (d) When reasonable, practicable, and environmentally beneficial replacement
87.19opportunities are not available in siting priorities listed in paragraph (a), the applicant may
87.20seek opportunities at the next level.
87.21 (e) For the purposes of this section, "reasonable, practicable, and environmentally
87.22beneficial replacement opportunities" are defined as opportunities that:
87.23 (1) take advantage of naturally occurring hydrogeomorphological conditions and require
87.24minimal landscape alteration;
87.25 (2) have a high likelihood of becoming a functional wetland that will continue in
87.26perpetuity;
87.27 (3) do not adversely affect other habitat types or ecological communities that are
87.28important in maintaining the overall biological diversity of the area; and
87.29 (4) are available and capable of being done after taking into consideration cost, existing
87.30technology, and logistics consistent with overall project purposes.
88.1 (f) Regulatory agencies, local government units, and other entities involved in wetland
88.2restoration shall collaborate to identify potential replacement opportunities within their
88.3jurisdictional areas.
88.4 (g) The board must establish wetland replacement ratios and wetland bank service area
88.5priorities to implement the siting and targeting of wetland replacement and encourage the
88.6use of high priority areas for wetland replacement.
88.7(h) Wetland replacement sites identified in accordance with the priority order for
88.8replacement siting in paragraph (a) as part of the completion of an adequate environmental
88.9impact statement may be approved for a replacement plan under section 93.481, 103G.2242,
88.10or 103G.2243 without further modification related to the priority order, notwithstanding
88.11availability of new mitigation sites or availability of credits after completion of an adequate
88.12environmental impact statement. Wetland replacement plan applications must be submitted
88.13within one year of the adequacy determination of the environmental impact statement to be
88.14eligible for approval under this paragraph.
88.15 Sec. 101. Minnesota Statutes 2016, section 103G.223, is amended to read:
88.16103G.223 CALCAREOUS FENS.
88.17(a) Calcareous fens, as identified by the commissioner by written order published in the
88.18State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by
88.19any activity, unless the commissioner, under an approved management plan, decides some
88.20alteration is necessary. Identifications made by the commissioner are not subject to the
88.21rulemaking provisions of chapter 14 and section
88.22(b) Notwithstanding paragraph (a), the commissioner must allow temporary reductions
88.23in groundwater resources on a seasonal basis under an approved management plan for
88.24appropriating water.
88.25 Sec. 102. Minnesota Statutes 2016, section 103G.2242, subdivision 1, is amended to read:
88.26 Subdivision 1. Rules. (a) The board, in consultation with the commissioner, shall adopt
88.27rules governing the approval of wetland value replacement plans under this section and
88.28public-waters-work permits affecting public waters wetlands under section
88.29rules must address the criteria, procedure, timing, and location of acceptable replacement
88.30of wetland values and may address the state establishment and administration of a wetland
88.31banking program for public and private projects, including provisions for an in-lieu fee
88.32program; the administrative, monitoring, and enforcement procedures to be used; and a
89.1procedure for the review and appeal of decisions under this section. In the case of peatlands,
89.2the replacement plan rules must consider the impact on carbon. Any in-lieu fee program
89.3established by the board must conform with Code of Federal Regulations, title 33, section
89.4332.8, as amended.
89.5(b) After the adoption of the rules, a replacement plan must be approved by a resolution
89.6of the governing body of the local government unit, consistent with the provisions of the
89.7rules or a comprehensive wetland protection and management plan approved under section
89.9(c) If the local government unit fails to apply the rules, or fails to implement a local
89.10comprehensive wetland protection and management plan established under section
89.12(d) When making a determination under rules adopted pursuant to this subdivision on
89.13whether a rare natural community will be permanently adversely affected, consideration of
89.14measures to mitigate any adverse effect on the community must be considered.
89.15 Sec. 103. Minnesota Statutes 2016, section 103G.2242, subdivision 2, is amended to read:
89.16 Subd. 2. Evaluation. (a) Questions concerning the public value, location, size, or type
89.17of a wetland shall be submitted to and determined by a Technical Evaluation Panel after an
89.18on-site inspection. The Technical Evaluation Panel shall be composed of a technical
89.19professional employee of the board, a technical professional employee of the local soil and
89.20water conservation district or districts, a technical professional with expertise in water
89.21resources management appointed by the local government unit, and a technical professional
89.22employee of the Department of Natural Resources for projects affecting public waters or
89.23wetlands adjacent to public waters. The panel shall use the "United States Army Corps of
89.24Engineers Wetland Delineation Manual" (January 1987), including updates, supplementary
89.25guidance, and replacements, if any, "Wetlands of the United States" (United States Fish and
89.26Wildlife Service Circular 39, 1971 edition), and "Classification of Wetlands and Deepwater
89.27Habitats of the United States" (1979 edition). The panel shall provide the wetland
89.28determination and recommendations on other technical matters to the local government unit
89.29that must approve a replacement plan, sequencing, exemption determination, no-loss
89.30determination, or wetland boundary or type determination and may recommend approval
89.31or denial of the plan. The authority must consider and include the decision of the Technical
89.32Evaluation Panel in their approval or denial of a plan or determination.
89.33(b) A member of the Technical Evaluation Panel that has a financial interest in a wetland
89.34bank or management responsibility to sell or make recommendations in their official capacity
90.1to sell credits from a publicly owned wetland bank must disclose that interest, in writing,
90.2to the Technical Evaluation Panel and the local government unit.
90.3
90.4determinations are exempt from the requirements of chapter 326. The board may develop
90.5a professional wetland delineator certification program.
90.6
90.7potential wetland replacement sites. The team must consist of members of the Technical
90.8Evaluation Panel and representatives from the Department of Natural Resources; the Pollution
90.9Control Agency; the United States Army Corps of Engineers, St. Paul district; and other
90.10organizations as determined by the board.
90.11 Sec. 104. Minnesota Statutes 2016, section 103G.2372, subdivision 1, is amended to read:
90.12 Subdivision 1. Authority; orders. (a) The commissioner of natural resources,
90.13conservation officers, and peace officers shall enforce laws preserving and protecting
90.14groundwater quantity, wetlands, and public waters. The commissioner of natural resources,
90.15a conservation officer, or a peace officer may issue a cease and desist order to stop any
90.16illegal activity adversely affecting groundwater quantity, a wetland, or public waters.
90.17(b) In the order, or by separate order, the commissioner, conservation officer, or peace
90.18officer may require restoration or replacement of the wetland or public waters, as determined
90.19by the local soil and water conservation district for wetlands and the commissioner of natural
90.20resources for public waters. Restoration or replacement orders may be recorded or filed in
90.21the office of the county recorder or registrar of titles, as appropriate, in the county where
90.22the real property is located by the commissioner of natural resources, conservation officers,
90.23or peace officers as a deed restriction on the property that runs with the land and is binding
90.24on the owners, successors, and assigns until the conditions of the order are met or the order
90.25is rescinded. Notwithstanding section
90.26for any document filed under this section.
90.27(c) If a court has ruled that there has not been a violation of the restoration or replacement
90.28order, an order may not be recorded or filed under this section.
90.29(d) If an order was recorded before a court finding that there has not been a violation or
90.30an order was filed before the effective date of this section and the deed restriction would
90.31have been in violation of paragraph (c), the commissioner must remove the deed restriction
90.32if the owner of the property requests the commissioner to remove it. Within 30 days of
90.33receiving the request for removal from the owner, the commissioner must contact, in writing,
91.1the office of the county recorder or registrar of titles where the order is recorded or filed,
91.2along with all applicable fees, and have the order removed. Within 30 days of receiving
91.3notification from the office of the county recorder or registrar of titles that the order has
91.4been removed, the commissioner must inform the owner that the order has been removed
91.5and provide the owner with a copy of any documentation provided by the office of the
91.6county recorder or registrar of titles.
91.7EFFECTIVE DATE.This section is effective the day following final enactment.
91.8 Sec. 105. Minnesota Statutes 2016, section 103G.271, subdivision 1, is amended to read:
91.9 Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state, a
91.10person, partnership, or association, private or public corporation, county, municipality, or
91.11other political subdivision of the state may not appropriate or use waters of the state without
91.12a water-use permit from the commissioner.
91.13(b) This section does not apply to the following water uses:
91.14(1) use for a water supply by less than 25 persons for domestic purposes, except as
91.15required by the commissioner under section
91.16(2) nonconsumptive diversion of a surface water of the state from its natural channel for
91.17the production of hydroelectric or hydromechanical power at structures that were in existence
91.18on and before July 1, 1937, including repowering, upgrades, or additions to those facilities;
91.19or
91.20(3) appropriation or use of storm water collected and used to reduce storm-water runoff
91.21volume, treat storm water, or sustain groundwater supplies when water is extracted from
91.22constructed management facilities for storm water.
91.23(c) The commissioner may issue a state general permit for appropriation of water to a
91.24governmental subdivision or to the general public. The general permit may authorize more
91.25than one project and the appropriation or use of more than one source of water. Water-use
91.26permit processing fees and reports required under subdivision 6 and section
91.27subdivision 3
91.28permit, except that no fee is required for uses totaling less than 15,000,000 gallons annually.
91.29 Sec. 106. Minnesota Statutes 2016, section 103G.271, subdivision 6, is amended to read:
91.30 Subd. 6. Water-use permit processing fee. (a) Except as described in paragraphs (b)
91.31to (g), a water-use permit processing fee must be prescribed by the commissioner in
91.32accordance with the schedule of fees in this subdivision for each water-use permit in force
92.1at any time during the year. Fees collected under this paragraph are credited to the water
92.2management account in the natural resources fund. The schedule is as follows, with the
92.3stated fee in each clause applied to the total amount appropriated:
92.4 (1) $140 for amounts not exceeding 50,000,000 gallons per year;
92.5 (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
92.6than 100,000,000 gallons per year;
92.7 (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less than
92.8150,000,000 gallons per year;
92.9 (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less
92.10than 200,000,000 gallons per year;
92.11 (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less than
92.12250,000,000 gallons per year;
92.13 (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less
92.14than 300,000,000 gallons per year;
92.15 (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less than
92.16350,000,000 gallons per year;
92.17 (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less
92.18than 400,000,000 gallons per year;
92.19 (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less than
92.20450,000,000 gallons per year;
92.21 (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less
92.22than 500,000,000 gallons per year; and
92.23 (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
92.24 (b) For once-through cooling systems, a water-use processing fee must be prescribed
92.25by the commissioner in accordance with the following schedule of fees for each water-use
92.26permit in force at any time during the year:
92.27 (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
92.28 (2) for all other users, $420 per 1,000,000 gallons.
92.29 (c) The fee is payable based on the amount of water appropriated during the year and,
92.30except as provided in paragraph (f), the minimum fee is $100.
92.31 (d) For water-use processing fees other than once-through cooling systems:
93.1 (1) the fee for a city of the first class may not exceed $250,000 per year;
93.2 (2) the fee for other entities for any permitted use may not exceed:
93.3 (i) $60,000 per year for an entity holding three or fewer permits;
93.4 (ii) $90,000 per year for an entity holding four or five permits; or
93.5 (iii) $300,000 per year for an entity holding more than five permits;
93.6 (3) the fee for agricultural irrigation may not exceed $750 per year;
93.7 (4) the fee for a municipality that furnishes electric service and cogenerates steam for
93.8home heating may not exceed $10,000 for its permit for water use related to the cogeneration
93.9of electricity and steam;
93.10(5) the fee for a facility that temporarily diverts a water of the state from its natural
93.11channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per
93.12year. A permit for such a facility does not count toward the number of permits held by an
93.13entity as described in paragraph (d); and
93.14
93.15prevent flood damage or to remove flood waters during a period of flooding, as determined
93.16by the commissioner.
93.17 (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten
93.18percent per month calculated from the original due date must be imposed on the unpaid
93.19balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
93.20may not be imposed on an agency, as defined in section
93.21governmental agency holding a water appropriation permit.
93.22 (f) The minimum water-use processing fee for a permit issued for irrigation of agricultural
93.23land is $20 for years in which:
93.24 (1) there is no appropriation of water under the permit; or
93.25 (2) the permit is suspended for more than seven consecutive days between May 1 and
93.26October 1.
93.27(g) The commissioner shall waive the water-use permit fee for installations and projects
93.28that use storm water runoff or where public entities are diverting water to treat a water
93.29quality issue and returning the water to its source without using the water for any other
93.30purpose, unless the commissioner determines that the proposed use adversely affects surface
93.31water or groundwater.
94.1 (h) A surcharge of $30 per million gallons in addition to the fee prescribed in paragraph
94.2(a) shall be applied to the volume of water used in each of the months of June, July, and
94.3August that exceeds the volume of water used in January for municipal water use, irrigation
94.4of golf courses, and landscape irrigation. The surcharge for municipalities with more than
94.5one permit shall be determined based on the total appropriations from all permits that supply
94.6a common distribution system.
94.7 Sec. 107. Minnesota Statutes 2016, section 103G.271, subdivision 6a, is amended to read:
94.8 Subd. 6a. Fees for past unpermitted appropriations. An entity that appropriates water
94.9without a required permit under subdivision 1 must pay the applicable water-use permit
94.10processing fee specified in subdivision 6 for the period during which the unpermitted
94.11appropriation occurred. The fees for unpermitted appropriations are required for the previous
94.12seven calendar years after being notified of the need for a permit. This fee is in addition to
94.13any other fee or penalty assessed. The commissioner may waive payment of fees for past
94.14unpermitted appropriations for a residential system permitted under subdivision 5, paragraph
94.15(b), or for a hydroelectric or hydromechanical facility that temporarily diverts a water of
94.16the state from its natural channel.
94.17 Sec. 108. Minnesota Statutes 2016, section 103G.271, subdivision 7, is amended to read:
94.18 Subd. 7. Transfer of permit. A water-use permit may be transferred to a successive
94.19owner of real property if the permittee conveys the real property where the source of water
94.20is located. The new owner must notify the commissioner immediately after the conveyance
94.21and request transfer of the permit. If notified, the commissioner must transfer the permit to
94.22the successive owner.
94.23 Sec. 109. Minnesota Statutes 2016, section 103G.271, is amended by adding a subdivision
94.24to read:
94.25 Subd. 8. Management plans; economic impacts. Before requiring a change to a
94.26management plan for appropriating water, the commissioner must provide estimates of the
94.27economic impact of any new restriction or policy on existing and future groundwater users
94.28in the affected area.
95.1 Sec. 110. Minnesota Statutes 2016, section 103G.287, subdivision 1, is amended to read:
95.2 Subdivision 1. Applications for groundwater appropriations; preliminary well
95.3construction approval. (a) Groundwater use permit applications are not complete until the
95.4applicant has supplied:
95.5(1) a water well record as required by section
95.6the subsurface geologic formations penetrated by the well and the formation or aquifer that
95.7will serve as the water source, and geologic information from test holes drilled to locate the
95.8site of the production well;
95.9(2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested;
95.10(3) information on groundwater quality in terms of the measures of quality commonly
95.11specified for the proposed water use and details on water treatment necessary for the proposed
95.12use;
95.13(4) the results of an aquifer test completed according to specifications approved by the
95.14commissioner. The test must be conducted at the maximum pumping rate requested in the
95.15application and for a length of time adequate to assess or predict impacts to other wells and
95.16surface water and groundwater resources. The permit applicant is responsible for all costs
95.17related to the aquifer test, including the construction of groundwater and surface water
95.18monitoring installations, and water level readings before, during, and after the aquifer test;
95.19and
95.20(5) the results of any assessments conducted by the commissioner under paragraph (c).
95.21(b) The commissioner may waive an application requirement in this subdivision if the
95.22information provided with the application is adequate to determine whether the proposed
95.23appropriation and use of water is sustainable and will protect ecosystems, water quality,
95.24and the ability of future generations to meet their own needs.
95.25(c) The commissioner shall provide an assessment of a proposed well needing a
95.26groundwater appropriation permit. The commissioner shall evaluate the information submitted
95.27as required under section
95.28anticipated appropriation request is likely to meet the applicable requirements of this chapter.
95.29If the appropriation request is likely to meet applicable requirements, the commissioner
95.30shall provide the person submitting the information with a letter providing preliminary
95.31approval to construct the well and the requirements, including test-well information, that
95.32will be needed to obtain the permit.
96.1(d) The commissioner must provide an applicant denied a groundwater use permit or
96.2issued a groundwater use permit that is reduced or restricted from the original request with
96.3all information the commissioner used in making the determination, including hydrographs,
96.4flow tests, aquifer tests, topographic maps, field reports, photographs, and proof of equipment
96.5calibration.
96.6 Sec. 111. Minnesota Statutes 2016, section 103G.287, subdivision 4, is amended to read:
96.7 Subd. 4. Groundwater management areas. (a) The commissioner may designate
96.8groundwater management areas and limit total annual water appropriations and uses within
96.9a designated area to ensure sustainable use of groundwater that protects ecosystems, water
96.10quality, and the ability of future generations to meet their own needs. Water appropriations
96.11and uses within a designated management area must be consistent with a groundwater
96.12management area plan approved by the commissioner that addresses water conservation
96.13requirements and water allocation priorities established in section
96.14days prior to implementing or modifying a groundwater management area plan under this
96.15subdivision, the commissioner shall consult with the advisory team established in paragraph
96.16(c).
96.17(b) Notwithstanding section
96.18Rules, within designated groundwater management areas, the commissioner may require
96.19general permits as specified in section
96.20users using less than 10,000 gallons per day or 1,000,000 gallons per year and water suppliers
96.21serving less than 25 persons for domestic purposes. The commissioner may waive the
96.22requirements under section
96.23the fee specified in section
96.24permits issued under this paragraph.
96.25(c) When designating a groundwater management area, the commissioner shall assemble
96.26an advisory team to assist in developing a groundwater management area plan for the area.
96.27The advisory team members shall be selected from public and private entities that have an
96.28interest in the water resources affected by the groundwater management area. A majority
96.29of the advisory team members shall be public and private entities that currently hold water-use
96.30permits for water appropriations from the affected water resources. The commissioner shall
96.31consult with the League of Minnesota Cities, the Association of Minnesota Counties, the
96.32Minnesota Association of Watershed Districts, and the Minnesota Association of Townships
96.33in appointing the local government representatives to the advisory team. The advisory team
96.34may also include representatives from the University of Minnesota, the Minnesota State
97.1Colleges and Universities, other institutions of higher learning in Minnesota, political
97.2subdivisions with jurisdiction over water issues, nonprofits with expertise in water, and
97.3federal agencies.
97.4(d) Before making a change under a groundwater management area plan, the
97.5commissioner must provide estimates of the economic effect of any new restriction or policy
97.6on existing and future groundwater users in the affected area.
97.7 Sec. 112. Minnesota Statutes 2016, section 103G.411, is amended to read:
97.8103G.411 STIPULATION OF LOW-WATER MARK.
97.9If the state is a party in a civil action relating to the navigability or ownership of the bed
97.10of a body of water, river, or stream, the commissioner, in behalf of the state,
97.11
97.12party to the action on the location of the ordinary low-water mark on the riparian land of
97.13the party. After the stipulation is executed by all parties, it must be presented to the judge
97.14of the district court where the action is pending for approval. If the stipulation is approved,
97.15the judge shall make and enter an order providing that the final judgment when entered shall
97.16conform to the location of the ordinary, low-water mark as provided for in the stipulation
97.17as it relates to the parties to the stipulation.
97.18 Sec. 113. Minnesota Statutes 2016, section 114D.25, is amended by adding a subdivision
97.19to read:
97.20 Subd. 6. Impaired waters list; public notice and process. The commissioner of the
97.21Pollution Control Agency must allow at least 60 days for public comment after publishing
97.22the draft impaired waters list required under the federal Clean Water Act. A person may
97.23petition the agency to hold a contested case hearing on the draft impaired waters list. A
97.24valid basis for challenging an impairment determination includes, but is not limited to,
97.25agency reliance on data that do not reflect recent significant infrastructure investments and
97.26documented pollutant reductions.
97.27 Sec. 114. [115.051] REVIEW OF PROPOSED ACTIONS OF THE POLLUTION
97.28CONTROL AGENCY.
97.29 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
97.30(b) "Local government unit" means a statutory or home rule charter city, county, local
97.31public utilities commission, sanitary district, or an organization formed for the joint exercise
97.32of powers under section 471.59.
98.1(c) "Proposed action" means an action that is all of the following:
98.2(1) being considered by the commissioner of the Pollution Control Agency or has been
98.3undertaken by the commissioner but is not yet final;
98.4(2) would, once final, constitute one of the following:
98.5(i) the issuance, amendment, modification, or denial of a water quality standard under
98.6section 115.44, a water-related permit, a total maximum daily load (TMDL) study, or a
98.7watershed restoration and protection strategy (WRAPS); or
98.8(ii) another action or decision undertaken pursuant to the commissioner's authority under
98.9this chapter or chapter 114D that is or would be eligible for a contested case hearing under
98.10chapter 14 or that would constitute rulemaking under that chapter.
98.11(d) "Requisite number" means five or more if the proposed action is rulemaking under
98.12chapter 14. The term means one or more if the proposed action is one that is or would be
98.13eligible for a contested case hearing under chapter 14.
98.14(e) "Review petition" means a written petition of a local government unit adopted by
98.15resolution of the applicable governing body that describes the need for review by an expert
98.16review panel of the scientific basis of a proposed action that potentially affects the petitioner.
98.17(f) "Review proceeding" means a proceeding under chapter 14 of the Office of
98.18Administrative Hearings to review a proposed action.
98.19 Subd. 2. Office of Administrative Hearings review of scientific basis for proposed
98.20action. In any review proceeding, the administrative law judge must examine the
98.21administrative record and, without deference to the commissioner, independently determine
98.22from the record whether:
98.23(1) the proposed action is based on reliable scientific data and analyses, as confirmed
98.24by publicly available peer-reviewed literature;
98.25(2) every test, measurement, or model the commissioner relied on in support of the
98.26proposed action was used by the commissioner for the purpose for which the test,
98.27measurement, or model was designed, consistent with generally accepted and peer-reviewed
98.28scientific practice;
98.29(3) the proposed action is consistent with the findings of any applicable external peer
98.30review panel the commissioner convened under section 115.035; and
98.31(4) the proposed action is based on a demonstrated, significant causal relationship between
98.32the parameters of concern and the water-quality objective at issue, not the correlation alone.
99.1When a causal relationship may be confounded by other factors, the reviewing authority
99.2must determine whether the relevance and effect of those factors were assessed to ensure
99.3the predicted causal relationship is valid.
99.4 Subd. 3. Effect of Office of Administrative Hearings finding of inadequate basis for
99.5proposed action. If an administrative law judge determines that any of the conditions set
99.6forth in subdivision 2, clauses (1) to (4), are not satisfied, then:
99.7(1) if the proposed action was a proposed rule, the administrative law judge must find
99.8that the need for or reasonableness of the rule has not been established pursuant to section
99.914.14, subdivision 2; and
99.10(2) if the proposed action was before the Office of Administrative Hearings as part of a
99.11contested case hearing, the administrative law judge must include this finding in the report
99.12required by sections 14.48 to 14.56, which shall constitute the final decision in the case.
99.13 Subd. 4. When independent expert review panel required; composition. The Office
99.14of Administrative Hearings must convene an expert review panel to review the scientific
99.15basis of a proposed action when it receives the requisite number of review petitions and
99.16finds, based on its independent review of the petitions, that the petitions demonstrate the
99.17existence of a material scientific dispute regarding the scientific validity of the commissioner's
99.18proposed action. The Office of Administrative Hearings shall issue an order granting or
99.19denying a petition within 30 days of its receipt of the petition. A review panel must consist
99.20of three independent experts with qualifications in the subject matter of the scientific dispute
99.21who are employed neither by the Pollution Control Agency nor by a petitioner to the
99.22proceeding and who are not directly or indirectly involved with the work conducted or
99.23contracted by the agency. The composition of the panel must be determined as follows:
99.24(1) the commissioner of the Pollution Control Agency must select one expert satisfying
99.25the requirements of this subdivision;
99.26(2) the petitioners must jointly select one expert satisfying the requirements of this
99.27subdivision; and
99.28(3) the two experts selected under clauses (1) and (2) must mutually agree to a third
99.29expert satisfying the requirements of this subdivision. If the two experts are unable to agree
99.30on a third expert, the Office of Administrative Hearings must make the appointment.
99.31 Subd. 5. Conduct of independent expert review panel. Upon granting a petition for
99.32independent expert review, the Office of Administrative Hearings must, as soon as practicable
99.33thereafter, issue an order establishing the independent expert review panel, identifying the
100.1independent experts selected pursuant to subdivision 4. This order must include a statement
100.2of the specific scientific issues or questions in dispute to be submitted for review by the
100.3panel. The commissioner and all petitioners must agree on the issues or questions in dispute
100.4to be submitted for review. If they cannot agree on one or more issues or questions, the
100.5Office of Administrative Hearings must determine the issue or questions to be submitted
100.6giving substantial consideration to the questions raised in any petitions it has received. The
100.7panel must review the scientific evidence relevant to those issues or questions as found in
100.8the petitions, the administrative record for the proposed action, and the results of any external
100.9peer review conducted according to section 115.035, in accordance with the guidance in
100.10the United States Environmental Protection Agency's Peer Review Handbook. The panel
100.11must submit a written opinion on the scientific validity of the commissioner's approach that
100.12is in controversy. If the panel finds deficiencies, the panel must recommend how the
100.13deficiencies can be corrected. The written opinion shall become part of the administrative
100.14record and must be submitted to the Office of Administrative Hearings, which shall send a
100.15written copy of the opinion to the commissioner of the Pollution Control Agency, all
100.16petitioners, and the chairs and ranking minority members of the house of representatives
100.17and senate committees having jurisdiction over environment and natural resources policy
100.18and finance.
100.19 Subd. 6. Status of action pending independent expert panel review. Once the Office
100.20of Administrative Hearings has received the requisite number of review petitions, it must
100.21notify the Pollution Control Agency of this fact and:
100.22(1) the Pollution Control Agency shall not grant or deny a contested case petition filed
100.23by the local government unit on the proposed action that is the subject of a petition or
100.24otherwise proceed towards finalizing the proposed action until the Office of Administrative
100.25Hearings denies the petition for independent expert review, or if the petition is granted, it
100.26has received and considered the written opinion required by subdivision 5; and
100.27(2) the Office of Administrative Hearings shall not conduct the review required by
100.28subdivision 2 until it has received the written opinion required by subdivision 5.
100.29 Subd. 7. Chapter 14 requirements must be followed. Nothing in this section shall be
100.30construed to abrogate or otherwise repeal any of the procedural requirements of chapter 14.
100.31Upon receipt of a written opinion pursuant to subdivision 5, the Pollution Control Agency
100.32and the Office of Administrative Hearings shall make the opinion available to the public
100.33for review and continue to follow all applicable provisions of chapter 14, including public
100.34comment and hearing requirements.
101.1 Subd. 8. Timing of review petition submission. A review petition submitted to the
101.2Office of Administrative Hearings must be submitted within the time period for filing a
101.3contested case petition or prior to the expiration of the public comment period as noticed
101.4in the statement of intent to adopt the rule, as applicable.
101.5 Subd. 9. This section is supplementary. The duties and procedures set forth in this
101.6section are supplementary and applicable to those set forth in section 14.091.
101.7 Sec. 115. [115.542] NOTICE REQUIREMENTS FOR PUBLICLY OWNED
101.8WASTEWATER TREATMENT FACILITIES.
101.9 Subdivision 1. Definitions. For the purpose of this section, the following terms have
101.10the meanings given:
101.11(1) "permit" means a national pollutant discharge elimination system (NPDES) permit
101.12or state disposal system (SDS) permit; and
101.13(2) "permit applicant" means a person or entity submitting an application for a new
101.14permit or renewal, modification, or revocation of an existing permit for a publicly owned
101.15wastewater treatment facility.
101.16 Subd. 2. Applicability. This section applies to all draft permits and permits for publicly
101.17owned wastewater treatment facilities for which the commissioner of the Pollution Control
101.18Agency makes a preliminary determination whether to issue or deny.
101.19 Subd. 3. Notice requirements. The commissioner of the Pollution Control Agency must
101.20provide a permit applicant with a copy of the draft permit and any fact sheets required by
101.21agency rules at least 30 days before the distribution and public notice of the permit application
101.22and preliminary determination.
101.23 Subd. 4. Public comment period. The commissioner must prepare and issue a public
101.24notice of a completed application and the commissioner's preliminary determination as to
101.25whether the permit should be issued or denied. The public comment period must be at least
101.2660 days for permit applications under this section.
101.27 Sec. 116. Minnesota Statutes 2016, section 115B.39, subdivision 2, is amended to read:
101.28 Subd. 2. Definitions. (a) In addition to the definitions in this subdivision, the definitions
101.29in sections
101.30specifically modified in this subdivision.
102.1(b) "Cleanup order" means a consent order between responsible persons and the agency
102.2or an order issued by the United States Environmental Protection Agency under section 106
102.3of the federal Superfund Act.
102.4(c) "Closure" means actions to prevent or minimize the threat to public health and the
102.5environment posed by a mixed municipal solid waste disposal facility that has stopped
102.6accepting waste by controlling the sources of releases or threatened releases at the facility.
102.7"Closure" includes removing contaminated equipment and liners; applying final cover;
102.8grading and seeding final cover; installing wells, borings, and other monitoring devices;
102.9constructing groundwater and surface water diversion structures; and installing gas control
102.10systems and site security systems, as necessary. The commissioner may authorize use of
102.11final cover that includes processed materials that meet the requirements in Code of Federal
102.12Regulations, title 40, section 503.32, paragraph (a).
102.13(d) "Closure upgrade" means construction activity that will, at a minimum, modify an
102.14existing cover so that it satisfies current rule requirements for mixed municipal solid waste
102.15land disposal facilities.
102.16(e) "Contingency action" means organized, planned, or coordinated courses of action to
102.17be followed in case of fire, explosion, or release of solid waste, waste by-products, or
102.18leachate that could threaten human health or the environment.
102.19(f) "Corrective action" means steps taken to repair facility structures including liners,
102.20monitoring wells, separation equipment, covers, and aeration devices and to bring the facility
102.21into compliance with design, construction, groundwater, surface water, and air emission
102.22standards.
102.23(g) "Custodial" or "custodial care" means actions taken for the care, maintenance, and
102.24monitoring of closure actions at a mixed municipal solid waste disposal facility after
102.25completion of the postclosure period.
102.26(h) "Decomposition gases" means gases produced by chemical or microbial activity
102.27during the decomposition of solid waste.
102.28
102.29at a Minnesota waste disposal site other than a qualified facility prior to 1973.
102.30
102.31including corrective action, closure, postclosure care; contingency action; environmental
102.32studies, including remedial investigations and feasibility studies; engineering, including
103.1remedial design; removal; remedial action; site construction; and other similar cleanup-related
103.2activities.
103.3
103.4(1) costs of environmental response action, not including legal or administrative expenses;
103.5and
103.6(2) costs required to be paid to the federal government under section 107(a) of the federal
103.7Superfund Act, as amended.
103.8(l) "Priority qualified facility" means a qualified facility that is on the list of priorities
103.9for the federal Comprehensive Environmental Response, Compensation, and Liability Act
103.10and the Minnesota Environmental Response and Liability Act; has received notice under
103.11section 115B.40, subdivision 3; has failed to comply with section 115B.40, subdivision 4;
103.12and has not entered into a binding agreement with the commissioner.
103.13
103.14and monitoring of closure actions at a mixed municipal solid waste disposal facility.
103.15
103.16described in the most recent agency permit, including adjacent property used for solid waste
103.17disposal that did not occur under a permit from the agency, that:
103.18(1)(i) is or was permitted by the agency;
103.19(ii) stopped accepting solid waste, except demolition debris, for disposal by April 9,
103.201994; and
103.21(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that
103.22demolition debris may be accepted until May 1, 1995, at a permitted area where disposal
103.23of demolition debris is allowed, if the area where the demolition debris is deposited is at
103.24least 50 feet from the fill boundary of the area where mixed municipal solid waste was
103.25deposited;
103.26(2) is or was permitted by the agency
103.27(i) stopped accepting waste by January 1, 2000, except that demolition debris, industrial
103.28waste, and municipal solid waste combustor ash may be accepted until January 1, 2001, at
103.29a permitted area where disposal of such waste is allowed, if the area where the waste is
103.30deposited is at least 50 feet from the fill boundary of the area where mixed municipal solid
103.31waste was deposited; or
104.1(ii) stopped accepting waste by January 1, 2019, and is located in a county that meets
104.2all applicable recycling goals in section
104.3municipal solid waste generated in the county to be delivered to and processed by a resource
104.4recovery facility located in the county for at least 20 years; or
104.5(3) is or was permitted by the agency and stopped accepting mixed municipal solid waste
104.6and industrial waste for disposal by January 1, 2009, and for which the postclosure care
104.7period ended on July 26, 2013.
104.8 Sec. 117. Minnesota Statutes 2016, section 115B.40, subdivision 4, is amended to read:
104.9 Subd. 4. Qualified facility not under cleanup order; duties. (a) The owner or operator
104.10of a qualified facility that is not subject to a cleanup order shall:
104.11(1) complete closure activities at the facility, or enter into a binding agreement with the
104.12commissioner to do so, as provided in paragraph (e), within one year from the date the
104.13owner or operator is notified by the commissioner under subdivision 3 of the closure activities
104.14that are necessary to properly close the facility in compliance with facility's permit, closure
104.15orders, or enforcement agreement with the agency, and with the solid waste rules in effect
104.16at the time the facility stopped accepting waste;
104.17(2) undertake or continue postclosure or custodial care at the facility until the date of
104.18notice of compliance under subdivision 7;
104.19(3) in the case of qualified facilities defined in section
104.20
104.21fund established in section
104.22under section
104.23care and response action undertaken by the owner or operator at the facility including, if
104.24proof of financial responsibility is provided through a letter of credit or other financial
104.25instrument or mechanism that does not accumulate money in an account, the amount that
104.26would have accumulated had the owner or operator utilized a trust fund, less any amount
104.27used for closure, postclosure care, and response action at the facility;
104.28(4) in the case of qualified facilities defined in section
104.29
104.30fund established in section
104.31approved current contingency action cost estimate and the present value of their approved
104.32estimated remaining postclosure care costs required for proof of financial responsibility
104.33under section
105.1(5) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
105.2(n), clause (3), transfer to the commissioner of revenue for deposit in the remediation fund
105.3established in section 116.155 an amount of cash that is equal to any funds required for
105.4proof of financial responsibility under section 116.07, subdivision 4h, that remain after
105.5facility closure and any postclosure and custodial care and response action undertaken by
105.6the owner or operator at the facility have been reimbursed.
105.7(b) The owner or operator of a qualified facility that is not subject to a cleanup order
105.8shall:
105.9(1) in the case of qualified facilities defined in section
105.10
105.11general liability insurance policies and other liability policies relating to property damage,
105.12certificates, or other evidence of insurance coverage held during the life of the facility; and
105.13(2) enter into a binding agreement with the commissioner to:
105.14(i) in the case of qualified facilities defined in section
105.15
105.16payment or defense under insurance policies included in clause (1); cooperate with the
105.17commissioner in asserting claims under the policies; and, within 60 days of a request by
105.18the commissioner, but no earlier than July 1, 1996, assign only those rights under the policies
105.19related to environmental response costs;
105.20(ii) cooperate with the commissioner or other persons acting at the direction of the
105.21commissioner in taking additional environmental response actions necessary to address
105.22releases or threatened releases and to avoid any action that interferes with environmental
105.23response actions, including allowing entry to the property and to the facility's records and
105.24allowing entry and installation of equipment; and
105.25(iii) refrain from developing or altering the use of property described in any permit for
105.26the facility except after consultation with the commissioner and in conformance with any
105.27conditions established by the commissioner for that property, including use restrictions, to
105.28protect public health and welfare and the environment.
105.29(c) The owner or operator of a qualified facility defined in section
105.302
105.31established for response at the facility, which are available directly or through a financial
105.32instrument or other financial arrangement, for closure or postclosure care at the facility if
105.33funds available for closure or postclosure care are inadequate and shall assign the rights to
105.34any remainder to the commissioner.
106.1(d) The agreement required in paragraph (b), clause (2), must be in writing and must
106.2apply to and be binding upon the successors and assigns of the owner. The owner shall
106.3record the agreement, or a memorandum approved by the commissioner that summarizes
106.4the agreement, with the county recorder or registrar of titles of the county where the property
106.5is located.
106.6(e) A binding agreement entered into under paragraph (a), clause (1), may include a
106.7provision that the owner or operator will reimburse the commissioner for the costs of closing
106.8the facility to the standard required in that clause.
106.9 Sec. 118. [115B.406] STATE RESPONSE AT PRIORITY QUALIFIED FACILITIES.
106.10 Subdivision 1. Environmental response action. The agency may take any environmental
106.11response action at a priority qualified facility that the agency deems necessary to protect
106.12the public health or welfare or the environment. Before taking any action, the agency shall
106.13take actions as provided in this section.
106.14 Subd. 2. Request for action to owner or operator of priority qualified facility. The
106.15agency shall request the owner or operator of a priority qualified facility to take actions that
106.16the agency deems reasonable and necessary to protect the public health or welfare or the
106.17environment, stating the reasons for the actions; a reasonable time for beginning and
106.18completing the actions, taking into account the urgency of the actions for protecting the
106.19public health or welfare or the environment; and the intention of the agency to take action
106.20if the requested actions are not taken as requested.
106.21 Subd. 3. Action to compel performance. When the owner or operator of the priority
106.22qualified facility fails to take response actions or make reasonable progress in completing
106.23response actions requested as provided in subdivision 2, the attorney general may bring an
106.24action in the name of the state to compel performance of the requested response actions. If
106.25a person having any right, title, or interest in and to the real property where the facility is
106.26located or where response actions are proposed to be taken is not a person responsible for
106.27the environment, the person may be joined as an indispensable party in an action to compel
106.28performance to ensure that the requested response actions can be taken on that property by
106.29the owner or operator.
106.30 Subd. 4. Determination of failure to act. If the agency determines that the actions
106.31requested under this section will not be taken by the owner or operator of the priority
106.32qualified facility in the manner and within the time requested, the agency may undertake
106.33any environmental response action it deems necessary for the protection of the public health
106.34or welfare or the environment under this section.
107.1 Subd. 5. Civil penalties. Any owner or operator of a priority qualified facility that fails
107.2to take the actions under this section shall forfeit and pay to the state a civil penalty in an
107.3amount to be determined by the court of not more than $20,000 per day for each day that
107.4the owner or operator fails to take reasonable and necessary response actions or to make
107.5reasonable progress in completing response actions requested by the agency. The penalty
107.6provided under this subdivision may be recovered by an action brought by the attorney
107.7general in the name of the state in a separate action in the District Court of Ramsey County.
107.8All penalties recovered under this subdivision must be deposited in the remediation fund.
107.9 Subd. 6. Investigation and testing. The agency may undertake investigations, monitoring,
107.10surveys, testing, and other similar activities necessary or appropriate to identify the existence
107.11and extent of the contamination at the priority qualified facility and the extent of danger.
107.12In addition, the agency may undertake planning, legal, fiscal, economic, engineering,
107.13architectural, and other studies or investigations necessary or appropriate to plan and direct
107.14a response action, to recover the costs of the response action, and to enforce this section.
107.15 Subd. 7. Duty to compel information. Any person who the agency has determined to
107.16have information regarding the priority qualified facility or the owner or operator of the
107.17priority qualified facility must furnish to the agency any information that person may have
107.18or may reasonably obtain that is relevant to the priority qualified facility or the owner or
107.19operator. The agency upon presentation of credentials may examine and copy any books,
107.20papers, records, memoranda, or data of any person who has a duty to provide information
107.21to the agency and may enter upon any property, public or private, to take any action
107.22authorized by this section, including obtaining information from any person who has a duty
107.23to provide the information.
107.24 Subd. 8. Program operations. Upon the owner or operator's failure to act, the agency
107.25shall conduct the program operations under section 115B.412, subdivisions 1 and 2, and
107.26any other environmental response action the agency deems necessary to protect public
107.27health, welfare, and the environment.
107.28 Subd. 9. Recovering expenses. Any reasonable and necessary expenses incurred by the
107.29agency or commissioner under this section, including all response costs and administrative
107.30and legal expenses, may be recovered in a civil action brought by the attorney general against
107.31the owner or operator of the priority qualified facility. The agency's certification of expenses
107.32is prima facie evidence that the expenses are reasonable and necessary. Any expenses
107.33incurred under this section that are recovered by the attorney general under sections 115.071
107.34and 116.072 or any other law, including any award of attorney's fees, must be deposited in
107.35the remediation fund.
108.1 Subd. 10. Environmental response costs; liens. All environmental response costs,
108.2including administrative and legal expenses, incurred by the commissioner at a priority
108.3qualified facility before the date of notice of compliance under section 115B.40, subdivision
108.47, constitute a lien in favor of the state upon any real property located in the state, other
108.5than homestead property, owned by the owner or operator who is subject to the requirements
108.6of section 115B.40, subdivision 4 or 5. A lien under this subdivision attaches when the
108.7environmental response costs are first incurred and continues until the lien is satisfied or
108.8becomes unenforceable as for an environmental lien under section 514.672. Notice, filing,
108.9and release of the lien are governed by sections 514.671 to 514.676, except where those
108.10requirements specifically are related to only cleanup action expenses as defined in section
108.11514.671. Relative priority of a lien under this subdivision is governed by section 514.672,
108.12except that a lien attached to property that was included in any permit for the solid waste
108.13disposal facility takes precedence over all other liens regardless of when the other liens
108.14were or are perfected. Amounts received to satisfy all or a part of a lien must be deposited
108.15in the remediation fund.
108.16EFFECTIVE DATE.This section is effective the day following final enactment.
108.17 Sec. 119. [115B.407] SETTLEMENT AT PRIORITY QUALIFIED FACILITY.
108.18 Subdivision 1. Settlements; general authority. In addition to the general authority
108.19vested in the agency to settle any claims under sections 115B.01 to 115B.18, and 115B.40
108.20to 115B.445, the agency may exercise the settlement authorities provided in subdivisions
108.212 to 5.
108.22 Subd. 2. Settlement agreement. The commissioner must enter into a settlement
108.23agreement with an eligible person under subdivision 3 who requests a settlement, under
108.24which the commissioner settles with the eligible person and indemnifies and holds the
108.25eligible person harmless for:
108.26(1) all legal responsibility, liability, or potential liability for environmental response
108.27costs and natural resources damages related to the qualified facility, including any and all
108.28liability and potential liability for legal and administrative costs and expenses incurred or
108.29to be incurred by the state or federal government or reimbursed by the state or federal
108.30government;
108.31(2) all legal liability or potential liability under the federal Comprehensive Environmental
108.32Response, Compensation, and Liability Act related to the priority qualified facility, including
108.33any and all liability and potential liability for costs incurred by the federal government in
109.1cleaning up the site and legal and administrative costs and expenses incurred or to be incurred
109.2by the state or federal government or reimbursed by the state or federal government; and
109.3(3) all legal liability or potential liability that has been asserted, could have been asserted,
109.4or may be asserted in the future against the eligible person under state or federal law, common
109.5law, or other legal theory related to the qualified facility, including any claim by any person
109.6or entity for contribution regarding any matters to which the indemnity applies.
109.7 Subd. 3. Eligible persons. (a) A person who is not an owner or operator of a priority
109.8qualified facility is eligible to enter into a settlement agreement with the commissioner
109.9provided the person agrees to:
109.10(1) waive all claims for environmental response costs related to the facility against all
109.11persons other than the owner or operator;
109.12(2) provide the commissioner with a copy of all applicable comprehensive general
109.13liability insurance policies and other liability insurance policies relating to property damage,
109.14certificates, or other evidence of insurance coverage held during the life of the facility; and
109.15(3) enter into a binding agreement with the commissioner to take any actions necessary
109.16to preserve the person's rights to payment or defense under insurance policies, cooperate
109.17with the commissioner in asserting the claims under the policies, and assign those rights
109.18under the policies related to environmental response costs.
109.19(b) For purposes of this subdivision, "insurance" has the meaning given in section 60A.02,
109.20subdivision 3.
109.21 Subd. 4. Recovery for illegal actions. The settlement of eligible persons under this
109.22section does not prevent the commissioner from recovering costs for illegal actions at priority
109.23qualified facilities as provided in section 115B.402.
109.24 Subd. 5. Commissioner's duties. (a) In consideration of the settlor's agreement to enter
109.25into an agreement under this section, the commissioner must not sue or take administrative
109.26action against the settlor, must agree to release the settlor from the liabilities under
109.27subdivision 1, and must indemnify and hold the settlor harmless and defend against all
109.28claims or liability for state or federal environmental response actions at the priority qualified
109.29facility that is the subject of the agreement and claims made by the owner or operator of
109.30the priority qualified facility under state or federal law for payment of response costs and
109.31related costs at the priority qualified facility.
109.32(b) To the extent allowed under applicable law, a person who enters into a settlement
109.33agreement under this section is not liable for claims for contribution regarding matters
110.1addressed in the agreement. As a condition of the agreement, the person must waive the
110.2person's rights to seek contribution for any amounts paid on the person's behalf under the
110.3agreement. This section does not limit the state's ability to seek contribution on the person's
110.4behalf.
110.5(c) The commissioner, on behalf of the state, shall enter into an agreement with the
110.6United States Environmental Protection Agency to settle all federal claims at a priority
110.7qualified facility to release all nonowner potentially responsible parties, including to not
110.8seek recovery from nonowner potentially responsible parties for costs incurred related to
110.9the priority qualified facility.
110.10EFFECTIVE DATE.This section is effective the day following final enactment.
110.11 Sec. 120. [115B.408] ACQUISITION OF PRIORITY QUALIFIED FACILITY.
110.12 Subdivision 1. Legislative findings. The legislature recognizes the need to protect the
110.13public health and welfare and the environment at priority qualified facilities and that are
110.14not being managed to protect the public health or welfare or the environment. It is in the
110.15public interest to direct the commissioner of the Pollution Control Agency to acquire the
110.16necessary interests in land at the priority qualified facility and to conduct environmental
110.17response action.
110.18 Subd. 2. Acquisition. The agency may acquire interests in land by donation or eminent
110.19domain without undue delay, under section 115B.17, subdivision 15, at the priority qualified
110.20facility. Acquisition by condemnation under this section may include fee title acquisition.
110.21After acquiring interests in land, the commissioner must begin the process of protecting the
110.22public health and welfare and the environment through environmental response action
110.23according to sections 115B.39 to 115B.414.
110.24 Subd. 3. Disposition of property acquired for response action. (a) If the commissioner
110.25determines that real or personal property acquired by the agency for response action is no
110.26longer needed for response action purposes, the commissioner may:
110.27(1) transfer the property to the commissioner of administration to be disposed of in the
110.28manner required for other surplus property subject to conditions the commissioner determines
110.29necessary to protect the public health and welfare or the environment or to comply with
110.30federal law;
110.31(2) transfer the property to another state agency, a political subdivision, or special purpose
110.32district; or
111.1(3) if required by federal law, take actions and dispose of the property as required by
111.2federal law.
111.3(b) If the commissioner determines that real or personal property acquired by the agency
111.4for response action must be operated, maintained, or monitored after completion of other
111.5phases of the response action, the commissioner may transfer ownership of the property to
111.6another state agency, a political subdivision, or special purpose district that agrees to accept
111.7the property. A state agency, political subdivision, or special purpose district is authorized
111.8to accept and implement the terms and conditions of a transfer under this paragraph. The
111.9commissioner may set terms and conditions for the transfer that the commissioner considers
111.10reasonable and necessary to ensure proper operation, maintenance, and monitoring of
111.11response actions, protect the public health and welfare and the environment, and comply
111.12with applicable federal and state laws and regulations. The state agency, political subdivision,
111.13or special purpose district to which the property is transferred is not liable under this chapter
111.14solely as a result of acquiring the property or acting in accordance with the terms and
111.15conditions of the transfer.
111.16(c) If the agency acquires property under this section, the commissioner may lease or
111.17grant an easement in the property to a person during the implementation of response actions
111.18if the lease or easement is compatible with or necessary for response action implementation.
111.19(d) The proceeds of a sale, lease, or other transfer of property under this subdivision by
111.20the commissioner or by the commissioner of administration must be deposited in the
111.21remediation fund. Any share of the proceeds that the agency is required by federal law or
111.22regulation to reimburse to the federal government is appropriated from the account to the
111.23agency for that purpose. Except for section 94.16, subdivision 2, section 94.16 does not
111.24apply to real property sold by the commissioner of administration that was acquired under
111.25this section.
111.26EFFECTIVE DATE.This section is effective the day following final enactment.
111.27 Sec. 121. [115B.409] OTHER REMEDIES PRESERVED.
111.28The owner of real property is barred from bringing legal action or using any remedy
111.29available under any other provision of state or federal law, including common law, to recover
111.30for personal injury, disease, economic loss, or response costs arising out of a release of any
111.31hazardous substance or for removal or the costs of removal of that hazardous substance.
111.32Sections 115B.40 to 115B.408 shall not be considered, interpreted, or construed in any way
111.33as reflecting a determination, in whole or in part, of policy regarding the inapplicability of
111.34strict liability or strict liability doctrines under any other state or federal law, including
112.1common law, to activities past, present, or future, by the owner of real property relating to
112.2hazardous substances or pollutants or contaminants, or other similar activities.
112.3 Sec. 122. [115B.4091] DEPOSIT OF PROCEEDS.
112.4All amounts paid to the state under sections 115B.406 to 115B.409 must be deposited
112.5in the state treasury and credited equally to the remediation fund and the closed landfill
112.6investment fund.
112.7EFFECTIVE DATE.This section is effective the day following final enactment.
112.8 Sec. 123. Minnesota Statutes 2016, section 115C.021, subdivision 1, is amended to read:
112.9 Subdivision 1. General rule. Except as provided in subdivisions 2 to
112.10responsible for a release from a tank if the person is an owner or operator of the tank at any
112.11time during or after the release.
112.12 Sec. 124. Minnesota Statutes 2016, section 115C.021, is amended by adding a subdivision
112.13to read:
112.14 Subd. 5. Heating fuel oil vendor. A heating fuel oil vendor is not a responsible person
112.15for a heating fuel oil release at a residential location if the release was caused solely by the
112.16failure of a tank owned by the homeowner.
112.17 Sec. 125. Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read:
112.18 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and
112.19resource management permits be issued or denied within 90 days for Tier 1 permits or 150
112.20days for Tier 2 permits following submission of a permit application. The commissioner of
112.21the Pollution Control Agency shall establish management systems designed to achieve the
112.22goal. For the purposes of this section, "Tier 1 permits" are permits that do not require
112.23individualized actions or public comment periods, and "Tier 2 permits" are permits that
112.24require individualized actions or public comment periods.
112.25(b) The commissioner shall prepare an annual permitting efficiency report that includes
112.26statistics on meeting the goal in paragraph (a) and the criteria for
112.27categories. The report is due August 1 each year. For permit applications that have not met
112.28the goal, the report must state the reasons for not meeting the goal. In stating the reasons
112.29for not meeting the goal, the commissioner shall separately identify delays caused by the
112.30responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the
112.31level of public engagement. The report must specify the number of days from initial
113.1submission of the application to the day of determination that the application is complete.
113.2The report must aggregate the data for the year and assess whether program or system
113.3changes are necessary to achieve the goal. The report must be posted on the agency's Web
113.4site and submitted to the governor and the chairs and ranking minority members of the house
113.5of representatives and senate committees having jurisdiction over environment policy and
113.6finance.
113.7(c) The commissioner shall allow electronic submission of environmental review and
113.8permit documents to the agency.
113.9(d)
113.10to paragraph (a), the commissioner of the Pollution Control Agency shall notify the
113.11
113.12the commissioner determines that an application is incomplete, the notice to the applicant
113.13must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
113.14and advise the applicant on how the deficiencies can be remedied. If the commissioner
113.15determines that the application is complete, the notice must confirm the application's Tier
113.161 or Tier 2 permit status and, upon request of the permit applicant of an individual Tier 2
113.17permit, provide the permit applicant with a schedule for reviewing the permit application.
113.18This paragraph does not apply to an application for a permit that is subject to a grant or loan
113.19agreement under chapter 446A.
113.20(e) For purposes of this subdivision, "permit professional" means an individual not
113.21employed by the Pollution Control Agency who:
113.22(1) has a professional license issued by the state of Minnesota in the subject area of the
113.23permit;
113.24(2) has at least ten years of experience in the subject area of the permit; and
113.25(3) abides by the duty of candor applicable to employees of the Pollution Control Agency
113.26under agency rules and complies with all applicable requirements under chapter 326.
113.27(f) Upon the agency's request, an applicant relying on a permit professional must
113.28participate in a meeting with the agency before submitting an application:
113.29(1) at least two weeks prior to the preapplication meeting, the applicant must submit at
113.30least the following:
113.31(i) project description, including, but not limited to, scope of work, primary emissions
113.32points, discharge outfalls, and water intake points;
113.33(ii) location of the project, including county, municipality, and location on the site;
114.1(iii) business schedule for project completion; and
114.2(iv) other information requested by the agency at least four weeks prior to the scheduled
114.3meeting; and
114.4 (2) during the preapplication meeting, the agency shall provide for the applicant at least
114.5the following:
114.6(i) an overview of the permit review program;
114.7(ii) a determination of which specific application or applications will be necessary to
114.8complete the project;
114.9(iii) a statement notifying the applicant if the specific permit being sought requires a
114.10mandatory public hearing or comment period;
114.11(iv) a review of the timetable established in the permit review program for the specific
114.12permit being sought; and
114.13(v) a determination of what information must be included in the application, including
114.14a description of any required modeling or testing.
114.15(g) The applicant may select a permit professional to undertake the preparation of the
114.16permit application and draft permit.
114.17(h) If a preapplication meeting was held, the agency shall, within seven business days
114.18of receipt of an application, notify the applicant and submitting permit professional that the
114.19application is complete or is denied, specifying the deficiencies of the application.
114.20(i) Upon receipt of notice that the application is complete, the permit professional shall
114.21submit to the agency a timetable for submitting a draft permit. The permit professional shall
114.22submit a draft permit on or before the date provided in the timetable. Within 60 days after
114.23the close of the public comment period, the commissioner shall notify the applicant whether
114.24the permit can be issued.
114.25(j) Nothing in this section shall be construed to modify:
114.26(1) any requirement of law that is necessary to retain federal delegation to or assumption
114.27by the state; or
114.28(2) the authority to implement a federal law or program.
114.29(k) The permit application and draft permit shall identify or include as an appendix all
114.30studies and other sources of information used to substantiate the analysis contained in the
114.31permit application and draft permit. The commissioner shall request additional studies, if
115.1needed, and the
115.2information necessary for the commissioner to perform the commissioner's responsibility
115.3to review, modify, and determine the completeness of the application and approve the draft
115.4permit.
115.5 Sec. 126. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision
115.6to read:
115.7 Subd. 7. Draft permits; public notice. When public notice of a draft individual Tier 2
115.8permit is required, the commissioner must issue the notice with the draft permit within 150
115.9days of receiving a completed permit application unless the permit applicant and the
115.10commissioner mutually agree to a different date. Upon request of the permit applicant, the
115.11commissioner must provide a copy of the draft permit to the permit applicant and consider
115.12comments on the draft permit from the permit applicant before issuing the public notice.
115.13 Sec. 127. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision
115.14to read:
115.15 Subd. 8. Clean Air Act settlement money. "Clean Air Act settlement money" means
115.16money required to be paid to the state as a result of litigation or settlements of alleged
115.17violations of the federal Clean Air Act, United States Code, title 42, section 7401 et seq.,
115.18or rules adopted thereunder, by an automobile manufacturer. The commissioner of
115.19management and budget must establish the Clean Air Act settlement account in the
115.20environmental fund. Notwithstanding sections 16A.013 to 16A.016, the commissioner of
115.21management and budget must deposit Clean Air Act settlement money into the Clean Air
115.22Act settlement account. Clean Air Act settlement money must not be spent until it is
115.23specifically appropriated by law. The commissioner of management and budget must
115.24eliminate the Clean Air Act settlement account in the environmental fund after all Clean
115.25Air Act settlement money has been expended.
115.26 Sec. 128. Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read:
115.27 Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater
115.28than those necessary to cover the reasonable costs of developing, reviewing, and acting
115.29upon applications for agency permits and implementing and enforcing the conditions of the
115.30permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The
115.31fee schedule must reflect reasonable and routine direct and indirect costs associated with
115.32permitting, implementation, and enforcement. The agency may impose an additional
115.33enforcement fee to be collected for a period of up to two years to cover the reasonable costs
116.1of implementing and enforcing the conditions of a permit under the rules of the agency.
116.2Any money collected under this paragraph shall be deposited in the environmental fund.
116.3(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner
116.4or operator of all stationary sources, emission facilities, emissions units, air contaminant
116.5treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage
116.6facilities subject to a notification, permit, or license requirement under this chapter,
116.7subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401
116.8et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and
116.9indirect reasonable costs, including legal costs, required to develop and administer the
116.10notification, permit, or license program requirements of this chapter, subchapters I and V
116.11of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules
116.12adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon
116.13an application for a permit; implementing and enforcing statutes, rules, and the terms and
116.14conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally
116.15applicable regulations; responding to federal guidance; modeling, analyses, and
116.16demonstrations; preparing inventories and tracking emissions; and providing information
116.17to the public about these activities.
116.18(c) The agency shall set fees that:
116.19(1) will result in the collection, in the aggregate, from the sources listed in paragraph
116.20(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
116.21regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of
116.22the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national
116.23primary ambient air quality standard has been promulgated;
116.24(2) may result in the collection, in the aggregate, from the sources listed in paragraph
116.25(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
116.26regulated under this chapter or air quality rules adopted under this chapter; and
116.27(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount
116.28needed to match grant funds received by the state under United States Code, title 42, section
116.297405 (section 105 of the federal Clean Air Act).
116.30The agency must not include in the calculation of the aggregate amount to be collected
116.31under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
116.32from a source. The increase in air permit fees to match federal grant funds shall be a surcharge
116.33on existing fees. The commissioner may not collect the surcharge after the grant funds
117.1become unavailable. In addition, the commissioner shall use nonfee funds to the extent
117.2practical to match the grant funds so that the fee surcharge is minimized.
117.3(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
117.4in the rules promulgated under paragraph (c) for an increase in the fee collected in each
117.5year by the percentage, if any, by which the Consumer Price Index for the most recent
117.6calendar year ending before the beginning of the year the fee is collected exceeds the
117.7Consumer Price Index for the calendar year 1989. For purposes of this paragraph the
117.8Consumer Price Index for any calendar year is the average of the Consumer Price Index for
117.9all-urban consumers published by the United States Department of Labor, as of the close
117.10of the 12-month period ending on August 31 of each calendar year. The revision of the
117.11Consumer Price Index that is most consistent with the Consumer Price Index for calendar
117.12year 1989 shall be used.
117.13(e) Any money collected under paragraphs (b) to (d) must be deposited in the
117.14environmental fund and must be used solely for the activities listed in paragraph (b).
117.15(f) Permit applicants who wish to construct, reconstruct, or modify a
117.16offer to reimburse the agency for the reasonable costs
117.17needed to expedite the preapplication process and permit development process through the
117.18final decision on the permit, including the analysis of environmental review documents.
117.19The reimbursement shall be in addition to permit application fees imposed by law. When
117.20the agency determines that it needs additional resources to develop the permit application
117.21in an expedited manner, and that expediting the development is consistent with permitting
117.22program priorities, the agency may accept the reimbursement. The commissioner must give
117.23the applicant an estimate of costs to be incurred by the commissioner. The estimate must
117.24include a brief description of the tasks to be performed, a schedule for completing the tasks,
117.25and the estimated cost for each task. The applicant and the commissioner must enter into a
117.26written agreement detailing the estimated costs for the expedited permit decision-making
117.27process to be incurred by the agency and any recourse available to the applicant if the agency
117.28fails to meet the schedule. The agreement must also identify staff anticipated to be assigned
117.29to the project and describe the commissioner's commitment to make assigned staff available
117.30for the project until the permit decision is made. The commissioner must not issue a permit
117.31until the applicant has paid all fees in full. The commissioner must refund any unobligated
117.32balance of fees paid. Reimbursements accepted by the agency are appropriated to the agency
117.33for the purpose of developing the permit or analyzing environmental review documents.
117.34Reimbursement by a permit applicant shall precede and not be contingent upon issuance of
117.35a permit; shall not affect the agency's decision on whether to issue or deny a permit, what
118.1conditions are included in a permit, or the application of state and federal statutes and rules
118.2governing permit determinations; and shall not affect final decisions regarding environmental
118.3review.
118.4(g) The fees under this subdivision are exempt from section
118.5 Sec. 129. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision
118.6to read:
118.7 Subd. 13. Irrevocability, suspensions, or expiration of permits; environmental
118.8review. (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to
118.9appropriate money to the commissioner of the Pollution Control Agency for environmental
118.10review and permitting activities of the agency:
118.11(1) a permit granted by the commissioner may not be terminated or suspended for the
118.12term of the permit nor shall it expire without the consent of the permittee, except for breach
118.13or nonperformance of any condition of the permit by the permittee that is an imminent threat
118.14to impair or destroy the environment or injure the health, safety, or welfare of the citizens
118.15of the state; and
118.16(2) environmental review and permit application work on environmental review and
118.17permits filed before July 1 of that year must not be suspended or terminated.
118.18(b) Paragraph (a), clause (1), applies until legislation appropriating money to the
118.19commissioner for the environmental review and permitting activities is enacted.
118.20 Sec. 130. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision
118.21to read:
118.22 Subd. 14. Unadopted rules. The commissioner of the Pollution Control Agency must
118.23not seek to implement in a permit or enforce a penalty based upon an agency policy,
118.24guideline, bulletin, criterion, manual standard, interpretive statement, or similar
118.25pronouncement if the policy, guideline, bulletin, criterion, manual standard, interpretive
118.26standard, or pronouncement has not been adopted under the rulemaking process under
118.27chapter 14. In any proceeding under section 14.381, the commissioner has the burden of
118.28proving the action is not prohibited.
119.1 Sec. 131. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision
119.2to read:
119.3 Subd. 15. Limitation regarding certain policies, guidelines, and other interpretive
119.4statements. (a) The commissioner of the Pollution Control Agency must not seek to
119.5implement or enforce against any person a policy, guideline, or other interpretive statement
119.6that meets the definition of a rule under section 14.02, subdivision 4, if the policy, guideline,
119.7or other interpretive statement has not been adopted as a rule according to chapter 14. In
119.8any proceeding under chapter 14 challenging agency action prohibited by this subdivision,
119.9the reviewing authority must independently and without deference to the agency determine
119.10whether the agency violated this subdivision. The agency must overcome the presumption
119.11that the agency action may not be enforced as a rule.
119.12(b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion,
119.13manual standard, interpretive statement, or similar pronouncement into a statute, rule, or
119.14standard, the commissioner must follow the rulemaking process provided under chapter 14
119.15to amend or revise the guideline, bulletin, criterion, manual standard, interpretive statement,
119.16or similar pronouncement.
119.17 Sec. 132. Minnesota Statutes 2016, section 116.0714, is amended to read:
119.18116.0714 NEW OPEN AIR SWINE BASINS.
119.19 The commissioner of the Pollution Control Agency or a county board shall not approve
119.20any permits for the construction of new open air swine basins, except that existing facilities
119.21may use one basin of less than 1,000,000 gallons as part of a permitted waste treatment
119.22program for resolving pollution problems or to allow conversion of an existing basin of less
119.23than 1,000,000 gallons to a different animal type, provided all standards are met. This section
119.24expires June 30,
119.25EFFECTIVE DATE.This section is effective the day following final enactment.
119.26 Sec. 133. [116.083] PROPANE SCHOOL BUS REBATE PROGRAM.
119.27 Subdivision 1. Definitions. For the purposes of this section, the following terms have
119.28the meanings given:
119.29(1) "propane school bus" means a school bus fueled by propane and used by a school
119.30or under contract with the school to transport pupils to or from a school or to or from
119.31school-related activities;
119.32(2) "school" means a Minnesota school district or Minnesota charter school; and
120.1(3) "school bus" means a type A, B, C, or D school bus under section 169.011, subdivision
120.271.
120.3 Subd. 2. Rebate eligibility. (a) Schools that purchase a propane school bus are eligible
120.4for a rebate under this section. A school that contracts for pupil transportation may apply
120.5for a rebate on behalf of the school bus contractor.
120.6(b) Propane school buses must be registered and licensed in Minnesota.
120.7(c) The cost of an original equipment manufacturer propane school bus purchased is
120.8eligible for a rebate under this section.
120.9 Subd. 3. Rebate amounts. Rebates under this section may be issued for no more than
120.1025 percent of the cost of a propane school bus, not to exceed $25,000.
120.11 Subd. 4. Maximum rebate allowed. A school may receive no more than five propane
120.12school bus rebates per year.
120.13 Subd. 5. Funding. $1,500,000 is annually appropriated from the Clean Air Act settlement
120.14account in the environmental fund to the agency for grants under this section. The grants
120.15must be awarded through a request for proposal process established by the commissioner
120.16and must comply with the litigation or settlement order providing receipts to the account.
120.17 Sec. 134. Minnesota Statutes 2016, section 116C.03, subdivision 2, is amended to read:
120.18 Subd. 2. Membership. The members of the board are the commissioner of administration,
120.19the commissioner of commerce, the commissioner of the Pollution Control Agency, the
120.20commissioner of natural resources, the commissioner of agriculture, the commissioner of
120.21health, the commissioner of employment and economic development, the commissioner of
120.22transportation, and the chair of the Board of Water and Soil Resources
120.23
120.24members from the general public to the board, one from each congressional district, subject
120.25to the advice and consent of the senate.
120.26knowledge of and be conversant in
120.27review or permitting. Notwithstanding the provisions of section
120.28members of the board may not delegate their powers and responsibilities as board members
120.29to any other person.
120.30 Sec. 135. Minnesota Statutes 2016, section 116C.04, subdivision 2, is amended to read:
120.31 Subd. 2. Jurisdiction.
120.32
121.1
121.2
121.3
121.4
121.5
121.6
121.7
121.8
121.9
121.10permits by state agencies and may resolve conflicts involving state agencies with regard to
121.11programs, rules, permits and procedures significantly affecting the environment, provided
121.12that such resolution of conflicts is consistent with state environmental policy.
121.13
121.14
121.15
121.16 Sec. 136. Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:
121.17 Subd. 2a. When prepared. (a) Where there is potential for significant environmental
121.18effects resulting from any major governmental action, the action shall be preceded by a
121.19detailed environmental impact statement prepared by the responsible governmental unit.
121.20The environmental impact statement shall be an analytical rather than an encyclopedic
121.21document which describes the proposed action in detail, analyzes its significant environmental
121.22impacts, discusses appropriate alternatives to the proposed action and their impacts, and
121.23explores methods by which adverse environmental impacts of an action could be mitigated.
121.24The environmental impact statement shall also analyze those economic, employment, and
121.25sociological effects that cannot be avoided should the action be implemented. To ensure its
121.26use in the decision-making process, the environmental impact statement shall be prepared
121.27as early as practical in the formulation of an action.
121.28
121.29impact statements and for which environmental assessment worksheets shall be prepared
121.30as well as categories of actions for which no environmental review is required under this
121.31section. A mandatory environmental assessment worksheet
121.32expansion of an ethanol plant, as defined in section
121.33or the conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol
121.34facility as defined in section
122.1or converted facility to produce alcohol fuel, but must be required if the ethanol plant or
122.2biobutanol facility meets or exceeds thresholds of other categories of actions for which
122.3environmental assessment worksheets must be prepared. The responsible governmental unit
122.4for an ethanol plant or biobutanol facility project for which an environmental assessment
122.5worksheet is prepared
122.6supervising or approving the project as a whole.
122.7(c) A mandatory environmental impact statement
122.8or plant located outside the seven-county metropolitan area that produces less than
122.9125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less
122.10than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
122.11defined in section
122.12in section
122.13only uses a cellulosic feedstock to produce chemical products for use by another facility as
122.14a feedstock
122.15under this chapter.
122.16
122.17of an environmental assessment worksheet by publishing the notice in at least one newspaper
122.18of general circulation in the geographic area where the project is proposed, by posting the
122.19notice on a Web site that has been designated as the official publication site for publication
122.20of proceedings, public notices, and summaries of a political subdivision in which the project
122.21is proposed, or in any other manner determined by the board and shall provide copies of
122.22the environmental assessment worksheet to the board and its member agencies. Comments
122.23on the need for an environmental impact statement may be submitted to the responsible
122.24governmental unit during a 30-day period following publication of the notice that an
122.25environmental assessment worksheet has been completed. The responsible governmental
122.26unit's decision on the need for an environmental impact statement shall be based on the
122.27environmental assessment worksheet and the comments received during the comment period,
122.28and shall be made within 15 days after the close of the comment period. The board's chair
122.29may extend the 15-day period by not more than 15 additional days upon the request of the
122.30responsible governmental unit.
122.31
122.32action whenever material evidence accompanying a petition by not less than 100 individuals
122.33who reside or own property in the state, submitted before the proposed project has received
122.34final approval by the appropriate governmental units, demonstrates that, because of the
122.35nature or location of a proposed action, there may be potential for significant environmental
123.1effects. Petitions requesting the preparation of an environmental assessment worksheet shall
123.2be submitted to the board. The chair of the board shall determine the appropriate responsible
123.3governmental unit and forward the petition to it. A decision on the need for an environmental
123.4assessment worksheet shall be made by the responsible governmental unit within 15 days
123.5after the petition is received by the responsible governmental unit. The board's chair may
123.6extend the 15-day period by not more than 15 additional days upon request of the responsible
123.7governmental unit.
123.8
123.94410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
123.10review under this chapter and rules of the board, if:
123.11 (1) the proposed action is:
123.12 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
123.13 (ii) an expansion of an existing animal feedlot facility with a total cumulative capacity
123.14of less than 1,000 animal units;
123.15 (2) the application for the animal feedlot facility includes a written commitment by the
123.16proposer to design, construct, and operate the facility in full compliance with Pollution
123.17Control Agency feedlot rules; and
123.18 (3) the county board holds a public meeting for citizen input at least ten business days
123.19
123.20animal feedlot facility unless another public meeting for citizen input has been held with
123.21regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition
123.22to other exemptions provided under other law and rules of the board.
123.23
123.24preparation of an environmental assessment worksheet by a responsible governmental unit
123.25selected by the board for any action where environmental review under this section has not
123.26been specifically provided for by rule or otherwise initiated.
123.27
123.28impact statement to a discussion of those impacts
123.29location of the project, have the potential for significant environmental effects. The same
123.30process shall be utilized to determine the form, content, and level of detail of the statement
123.31as well as the alternatives
123.32addition, the permits
123.33during the scoping process. Further, the process shall identify those permits for which
124.1information will be developed concurrently with the environmental impact statement. The
124.2board shall provide in its rules for the expeditious completion of the scoping process. The
124.3determinations reached in the process shall be incorporated into the order requiring the
124.4preparation of an environmental impact statement.
124.5
124.6and ensure coordination between state and federal environmental review and between
124.7environmental review and environmental permitting. Whenever practical, information
124.8needed by a governmental unit for making final decisions on permits or other actions required
124.9for a proposed project shall be developed in conjunction with the preparation of an
124.10environmental impact statement. When an environmental impact statement is prepared for
124.11a project requiring multiple permits for which two or more agencies' decision processes
124.12include either mandatory or discretionary hearings before a hearing officer
124.13the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to
124.14the contrary, conduct the hearings in a single consolidated hearing process if requested by
124.15the proposer. All agencies having jurisdiction over a permit that is included in the
124.16consolidated hearing shall participate. The responsible governmental unit shall establish
124.17appropriate procedures for the consolidated hearing process, including procedures to ensure
124.18that the consolidated hearing process is consistent with the applicable requirements for each
124.19permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest
124.20applicable hearing procedure to initiate the hearing. All agencies having jurisdiction over
124.21a permit identified in the draft environmental impact statement must accept and begin
124.22reviewing any permit application upon publication of the notice of preparation of the
124.23environmental impact statement.
124.24
124.25within 280 days after notice of its preparation unless the time is extended by consent of the
124.26parties or by the governor for good cause. The responsible governmental unit shall determine
124.27the adequacy of an environmental impact statement, unless within 60 days after notice is
124.28published that an environmental impact statement will be prepared, the board chooses to
124.29determine the adequacy of an environmental impact statement. If an environmental impact
124.30statement is found to be inadequate, the responsible governmental unit shall have 60 days
124.31to prepare an adequate environmental impact statement.
124.32
124.33responsible governmental unit a preliminary draft environmental impact statement under
124.34this section on that action for review, modification, and determination of completeness and
124.35adequacy by the responsible governmental unit. A preliminary draft environmental impact
125.1statement prepared by the project proposer and submitted to the responsible governmental
125.2unit shall identify or include as an appendix all studies and other sources of information
125.3used to substantiate the analysis contained in the preliminary draft environmental impact
125.4statement. The responsible governmental unit shall require additional studies, if needed,
125.5and obtain from the project proposer all additional studies and information necessary for
125.6the responsible governmental unit to perform its responsibility to review, modify, and
125.7determine the completeness and adequacy of the environmental impact statement.
125.8 Sec. 137. Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read:
125.9 Subd. 10. Review. A person aggrieved by a final decision on the need for an
125.10environmental assessment worksheet, the need for an environmental impact statement, or
125.11the adequacy of an environmental impact statement is entitled to judicial review of the
125.12decision under sections
125.13person for judicial review under sections
125.14Appeals and served on the responsible governmental unit not more than
125.15the
125.16notice of the decision as required by law. Proceedings for review under this section must
125.17be instituted by serving a petition for a writ of certiorari personally or by certified mail upon
125.18the responsible governmental unit and by promptly filing the proof of service in the Office
125.19of the Clerk of the Appellate Courts and the matter will proceed in the manner provided by
125.20the Rules of Civil Appellate Procedure. A copy of the petition must be provided to the
125.21attorney general at the time of service. Copies of the writ must be served, personally or by
125.22certified mail, upon the responsible governmental unit and the project proposer. The filing
125.23of the writ of certiorari does not stay the enforcement of any other governmental action,
125.24provided that the responsible governmental unit may stay enforcement or the Court of
125.25Appeals may order a stay upon terms it deems proper. A bond may be required under section
125.27has shown that the claim is likely to succeed on the merits. The board may initiate judicial
125.28review of decisions referred to herein and the board or a project proposer may intervene as
125.29of right in any proceeding brought under this subdivision.
125.30 Sec. 138. Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:
125.31 Subdivision 1. Assessment. The board
125.32(1) assess the proposer of a specific action for the responsible governmental unit's
125.33reasonable costs of preparing, reviewing, and distributing the environmental impact statement.
126.1The costs
126.2to the rules
126.3(2) authorize a proposer of a specific action to prepare a draft environmental impact
126.4statement for that action for submission to and review, modification, and determination of
126.5completeness and adequacy by the responsible governmental unit.
126.6 Sec. 139. Minnesota Statutes 2016, section 160.06, is amended to read:
126.7160.06 TRAIL OR PORTAGE DEDICATION.
126.8Any trail or portage between public or navigable bodies of water or from public or
126.9navigable water to a public highway in this state
126.10uninterrupted use by the general public for 15 years or more as a trail or portage for the
126.11purposes of travel,
126.12portage. This section
126.13canoe routes and the public
126.14to the same extent as public highways. The width of all trails and portages dedicated by
126.15user
126.16 Sec. 140. Minnesota Statutes 2016, section 168.1295, subdivision 1, is amended to read:
126.17 Subdivision 1. General requirements and procedures. (a) The commissioner shall
126.18issue state parks and trails plates to an applicant who:
126.19(1) is a registered owner of a passenger automobile, recreational vehicle, one ton pickup
126.20truck, or motorcycle;
126.21(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
126.22(3) pays the registration tax required under section
126.23(4) pays the fees required under this chapter;
126.24(5) contributes a minimum of
126.25account established in section
126.26(6) complies with this chapter and rules governing registration of motor vehicles and
126.27licensing of drivers.
126.28(b) The state parks and trails plate application must indicate that the contribution specified
126.29under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the
126.30applicant may make an additional contribution to the account.
127.1(c) State parks and trails plates may be personalized according to section
127.2subdivision 2a.
127.3 Sec. 141. Minnesota Statutes 2016, section 282.018, subdivision 1, is amended to read:
127.4 Subdivision 1. Land on or adjacent to public waters. (a) All land which is the property
127.5of the state as a result of forfeiture to the state for nonpayment of taxes, regardless of whether
127.6the land is held in trust for taxing districts, and which borders on or is adjacent to meandered
127.7lakes and other public waters and watercourses, and the live timber growing or being thereon,
127.8is hereby withdrawn from sale except as hereinafter provided. The authority having
127.9jurisdiction over the timber on any
127.10provided by law for cutting and removal under
127.11prescribe in accordance with approved, sustained yield forestry practices. The authority
127.12having jurisdiction over the timber shall reserve
127.13conditions as the authority deems necessary for the protection of watersheds, wildlife habitat,
127.14shorelines, and scenic features. Within the area in Cook, Lake, and St. Louis counties
127.15described in the Act of Congress approved July 10, 1930 (46 Stat. 1020), the timber on
127.16tax-forfeited lands shall be subject to like restrictions as are now imposed by that act on
127.17federal lands.
127.18(b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other public
127.19waters and watercourses and so withdrawn from sale, a strip two rods in width, the ordinary
127.20high-water mark being the waterside boundary thereof, and the land side boundary thereof
127.21being a line drawn parallel to the ordinary high-water mark and two rods distant landward
127.22therefrom, hereby is reserved for public travel thereon, and whatever the conformation of
127.23the shore line or conditions require, the authority having jurisdiction over
127.24shall reserve a wider strip for
127.25(c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold by
127.26the authority having jurisdiction over the land, in the manner otherwise provided by law
127.27for the sale of
127.28do so. Any tract or parcel of land within a plat of record bordering on or adjacent to
127.29meandered lakes and other public waters and watercourses may be sold by the authority
127.30having jurisdiction over the land, in the manner otherwise provided by law for the sale of
127.31the lands, if the authority determines that it is in the public interest to do so. If the authority
127.32having jurisdiction over the land is not the commissioner of natural resources, the land may
127.33not be offered for sale without the prior approval of the commissioner of natural resources.
128.1(d) Where the authority having jurisdiction over lands withdrawn from sale under this
128.2section is not the commissioner of natural resources, the authority may submit proposals
128.3for disposition of the lands to the commissioner. The commissioner of natural resources
128.4shall evaluate the lands and their public benefits and make recommendations on the proposed
128.5dispositions to the committees of the legislature with jurisdiction over natural resources.
128.6The commissioner shall include any recommendations of the commissioner for disposition
128.7of lands withdrawn from sale under this section over which the commissioner has jurisdiction.
128.8The commissioner's recommendations may include a public sale, sale to a private party,
128.9acquisition by the Department of Natural Resources for public purposes, or a cooperative
128.10management agreement with, or transfer to, another unit of government.
128.11 Sec. 142. Minnesota Statutes 2016, section 282.04, subdivision 1, is amended to read:
128.12 Subdivision 1. Timber sales; land leases and uses. (a) The county auditor, with terms
128.13and conditions set by the county board, may sell timber upon any tract that may be approved
128.14by the natural resources commissioner. The sale of timber shall be made for cash at not less
128.15than the appraised value determined by the county board to the highest bidder after not less
128.16than one week's published notice in an official paper within the county. Any timber offered
128.17at the public sale and not sold may thereafter be sold at private sale by the county auditor
128.18at not less than the appraised value thereof, until the time as the county board may withdraw
128.19the timber from sale. The appraised value of the timber and the forestry practices to be
128.20followed in the cutting of said timber shall be approved by the commissioner of natural
128.21resources.
128.22 (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be made
128.23in cash at the time of the timber sale, except in the case of oral or sealed bid auction sales,
128.24the down payment shall be no less than 15 percent of the appraised value, and the balance
128.25shall be paid prior to entry. In the case of auction sales that are partitioned and sold as a
128.26single sale with predetermined cutting blocks, the down payment shall be no less than 15
128.27percent of the appraised price of the entire timber sale which may be held until the satisfactory
128.28completion of the sale or applied in whole or in part to the final cutting block. The value of
128.29each separate block must be paid in full before any cutting may begin in that block. With
128.30the permission of the county contract administrator the purchaser may enter unpaid blocks
128.31and cut necessary timber incidental to developing logging roads as may be needed to log
128.32other blocks provided that no timber may be removed from an unpaid block until separately
128.33scaled and paid for. If payment is provided as specified in this paragraph as security under
128.34paragraph (a) and no cutting has taken place on the contract, the county auditor may credit
128.35the security provided, less any down payment required for an auction sale under this
129.1paragraph, to any other contract issued to the contract holder by the county under this chapter
129.2to which the contract holder requests in writing that it be credited, provided the request and
129.3transfer is made within the same calendar year as the security was received.
129.4 (c) The county board may sell any timber, including biomass, as appraised or scaled.
129.5Any parcels of land from which timber is to be sold by scale of cut products shall be so
129.6designated in the published notice of sale under paragraph (a), in which case the notice shall
129.7contain a description of the parcels, a statement of the estimated quantity of each species
129.8of timber, and the appraised price of each species of timber for 1,000 feet, per cord or per
129.9piece, as the case may be. In those cases any bids offered over and above the appraised
129.10prices shall be by percentage, the percent bid to be added to the appraised price of each of
129.11the different species of timber advertised on the land. The purchaser of timber from the
129.12parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown in the
129.13notice of sale as estimated to be standing on the land, and in addition shall pay at the same
129.14rate for any additional amounts which the final scale shows to have been cut or was available
129.15for cutting on the land at the time of sale under the terms of the sale. Where the final scale
129.16of cut products shows that less timber was cut or was available for cutting under terms of
129.17the sale than was originally paid for, the excess payment shall be refunded from the forfeited
129.18tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board
129.19as in case of other claims against the county. No timber, except hardwood pulpwood, may
129.20be removed from the parcels of land or other designated landings until scaled by a person
129.21or persons designated by the county board and approved by the commissioner of natural
129.22resources. Landings other than the parcel of land from which timber is cut may be designated
129.23for scaling by the county board by written agreement with the purchaser of the timber. The
129.24county board may, by written agreement with the purchaser and with a consumer designated
129.25by the purchaser when the timber is sold by the county auditor, and with the approval of
129.26the commissioner of natural resources, accept the consumer's scale of cut products delivered
129.27at the consumer's landing. No timber shall be removed until fully paid for in cash. Small
129.28amounts of timber not exceeding
129.29sold for not less than the full appraised value at private sale to individual persons without
129.30first publishing notice of sale or calling for bids, provided that in case of a sale involving a
129.31total appraised value of more than $200 the sale shall be made subject to final settlement
129.32on the basis of a scale of cut products in the manner above provided and not more than two
129.33of the sales, directly or indirectly to any individual shall be in effect at one time.
129.34 (d) As directed by the county board, the county auditor may lease tax-forfeited land to
129.35individuals, corporations or organized subdivisions of the state at public or private sale, and
130.1at the prices and under the terms as the county board may prescribe, for use as cottage and
130.2camp sites and for agricultural purposes and for the purpose of taking and removing of hay,
130.3stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden sites
130.4and other temporary uses provided that no leases shall be for a period to exceed ten years;
130.5provided, further that any leases involving a consideration of more than $12,000 per year,
130.6except to an organized subdivision of the state shall first be offered at public sale in the
130.7manner provided herein for sale of timber. Upon the sale of any leased land, it shall remain
130.8subject to the lease for not to exceed one year from the beginning of the term of the lease.
130.9Any rent paid by the lessee for the portion of the term cut off by the cancellation shall be
130.10refunded from the forfeited tax sale fund upon the claim of the lessee, to be audited and
130.11allowed by the county board as in case of other claims against the county.
130.12 (e) As directed by the county board, the county auditor may lease tax-forfeited land to
130.13individuals, corporations, or organized subdivisions of the state at public or private sale, at
130.14the prices and under the terms as the county board may prescribe, for the purpose of taking
130.15and removing for use for road construction and other purposes tax-forfeited stockpiled
130.16iron-bearing material. The county auditor must determine that the material is needed and
130.17suitable for use in the construction or maintenance of a road, tailings basin, settling basin,
130.18dike, dam, bank fill, or other works on public or private property, and that the use would
130.19be in the best interests of the public. No lease shall exceed ten years. The use of a stockpile
130.20for these purposes must first be approved by the commissioner of natural resources. The
130.21request shall be deemed approved unless the requesting county is notified to the contrary
130.22by the commissioner of natural resources within six months after receipt of a request for
130.23approval for use of a stockpile. Once use of a stockpile has been approved, the county may
130.24continue to lease it for these purposes until approval is withdrawn by the commissioner of
130.25natural resources.
130.26 (f) The county auditor, with the approval of the county board is authorized to grant
130.27permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores,
130.28tailings, or waste products from mines or ore milling plants, or to use for facilities needed
130.29to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed
130.30for a mining operation, upon the conditions and for the consideration and for the period of
130.31time, not exceeding 25 years, as the county board may determine. The permits, licenses, or
130.32leases are subject to approval by the commissioner of natural resources.
130.33 (g) Any person who removes any timber from tax-forfeited land before said timber has
130.34been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor.
131.1 (h) The county auditor may, with the approval of the county board, and without first
131.2offering at public sale, grant leases, for a term not exceeding 25 years, for the removal of
131.3peat and for the production or removal of farm-grown closed-loop biomass as defined in
131.4section
131.5upon the terms and conditions as the county board may prescribe. Any lease for the removal
131.6of peat, farm-grown closed-loop biomass, or short-rotation woody crops from tax-forfeited
131.7lands must first be reviewed and approved by the commissioner of natural resources if the
131.8lease covers 320 or more acres. No lease for the removal of peat, farm-grown closed-loop
131.9biomass, or short-rotation woody crops shall be made by the county auditor pursuant to this
131.10section without first holding a public hearing on the auditor's intention to lease. One printed
131.11notice in a legal newspaper in the county at least ten days before the hearing, and posted
131.12notice in the courthouse at least 20 days before the hearing shall be given of the hearing.
131.13 (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis County
131.14auditor may, at the discretion of the county board, sell timber to the party who bids the
131.15highest price for all the several kinds of timber, as provided for sales by the commissioner
131.16of natural resources under section
131.17need not be applied proportionately to the appraised price of each of the different species
131.18of timber.
131.19 (j) In lieu of any payment or deposit required in paragraph (b), as directed by the county
131.20board and under terms set by the county board, the county auditor may accept an irrevocable
131.21bank letter of credit in the amount equal to the amount otherwise determined in paragraph
131.22(b). If an irrevocable bank letter of credit is provided under this paragraph, at the written
131.23request of the purchaser, the county may periodically allow the bank letter of credit to be
131.24reduced by an amount proportionate to the value of timber that has been harvested and for
131.25which the county has received payment. The remaining amount of the bank letter of credit
131.26after a reduction under this paragraph must not be less than 20 percent of the value of the
131.27timber purchased. If an irrevocable bank letter of credit or cash deposit is provided for the
131.28down payment required in paragraph (b), and no cutting of timber has taken place on the
131.29contract for which a letter of credit has been provided, the county may allow the transfer
131.30of the letter of credit to any other contract issued to the contract holder by the county under
131.31this chapter to which the contract holder requests in writing that it be credited.
131.32 Sec. 143. Minnesota Statutes 2016, section 296A.18, subdivision 6a, is amended to read:
131.33 Subd. 6a. Computation of nonhighway use amounts. The nonhighway use amounts
131.34determined in subdivisions 2 to 6 must be transferred from the highway user tax distribution
132.1fund to the accounts as provided for in sections
132.2These amounts, together with interest and penalties for delinquency in payment, paid or
132.3collected pursuant to the provisions of this chapter, must be computed for each six-month
132.4period ending June 30 and December 31 and must be transferred on November 1 and
132.5April 1 following each six-month period.
132.6 Sec. 144. [471.9998] MERCHANT BAGS.
132.7 Subdivision 1. Citation. This section may be cited as the Consumer Choice Act.
132.8 Subd. 2. Merchant option. All merchants, itinerant vendors, and peddlers doing business
132.9in this state shall have the option to provide customers a paper, plastic, or reusable bag for
132.10the packaging of any item or good purchased, provided the purchase is of a size and manner
132.11commensurate with the use of paper, plastic, or reusable bags.
132.12 Subd. 3. Prohibition; bag ban or tax. Notwithstanding any other provision of law, no
132.13political subdivision shall impose any ban, fee, or tax upon the use of paper, plastic, or
132.14reusable bags for packaging of any item or good purchased from a merchant, itinerant
132.15vendor, or peddler.
132.16EFFECTIVE DATE.This section is effective May 31, 2017. Ordinances existing on
132.17the effective date of this section that would be prohibited under this section are invalid as
132.18of the effective date of this section.
132.19 Sec. 145. [477A.21] RIPARIAN PROTECTION AID.
132.20 Subdivision 1. Definitions. For purposes of this section, the following terms have the
132.21meanings given:
132.22(1) "buffer protection map" has the meaning given under section 103F.48, subdivision
132.231; and
132.24(2) "public watercourses" means public waters and public drainage systems subject to
132.25riparian protection requirements under section 103F.48.
132.26 Subd. 2. Certifications to commissioner. (a) The Board of Water and Soil Resources
132.27must certify to the commissioner of revenue, on or before July 1 each year, which counties
132.28and watershed districts have affirmed their jurisdiction under section 103F.48 and the
132.29proportion of centerline miles of public watercourses, and miles of public drainage system
132.30ditches on the buffer protection map, within each county and each watershed district within
132.31the county with affirmed jurisdiction.
133.1(b) On or before July 1 each year, the commissioner of natural resources shall certify to
133.2the commissioner of revenue the statewide and countywide number of centerline miles of
133.3public watercourses and miles of public drainage system ditches on the buffer protection
133.4map.
133.5 Subd. 3. Distribution. (a) A county that is certified under subdivision 2, or that portion
133.6of a county containing a watershed district certified under subdivision 2, is eligible to receive
133.7aid under this section to enforce and implement the riparian protection and water quality
133.8practices under section 103F.48. Each county's preliminary aid amount is equal to the
133.9proportion calculated under paragraph (b) multiplied by the appropriation received each
133.10year by the commissioner for purposes of payments under this section.
133.11(b) The commissioner must compute each county's proportion. A county's proportion is
133.12equal to the ratio of the sum in clause (1) to the sum in clause (2):
133.13(1) the sum of the total number of acres in the county classified as class 2a under section
133.14273.13, subdivision 23, the countywide number of centerline miles of public watercourses
133.15on the buffer protection map, and the countywide number of miles of public drainage system
133.16ditches on the buffer protection map; and
133.17(2) the sum of the statewide total number of acres classified as class 2a under section
133.18273.13, subdivision 23, the statewide total number of centerline miles of public watercourses
133.19on the buffer protection map, and the statewide total number of public drainage system
133.20miles on the buffer protection map.
133.21(c) Aid to a county must not be greater than $200,000 or less than $50,000. If the sum
133.22of the preliminary aids payable to counties under paragraph (a) is greater or less than the
133.23appropriation received by the commissioner, the commissioner of revenue must calculate
133.24the percentage of adjustment necessary so that the total of the aid under paragraph (a) equals
133.25the total amount received by the commissioner, subject to the minimum and maximum
133.26amounts specified in this paragraph. The minimum and maximum amounts under this
133.27paragraph must be adjusted by the ratio of the actual amount appropriated to $10,000,000.
133.28(d) If only a portion of a county is certified as eligible to receive aid under subdivision
133.292, the aid otherwise payable to that county under this section must be multiplied by a fraction,
133.30the numerator of which is the buffer protection map miles of the certified watershed districts
133.31contained within the county and the denominator of which is the total buffer protection map
133.32miles of the county.
133.33(e) Any aid that would otherwise be paid to a county or portion of a county that is not
133.34certified under subdivision 2 shall be paid to the Board of Water and Soil Resources for
134.1enforcing and implementing the riparian protection and water quality practices under section
134.2103F.48.
134.3 Subd. 4. Payments. The commissioner of revenue must compute the amount of riparian
134.4protection aid payable to each eligible county and to the Board of Water and Soil Resources
134.5under this section. On or before August 1 each year, the commissioner must certify the
134.6amount to be paid to each county and the Board of Water and Soil Resources in the following
134.7year, except that the payments for 2017 must be certified by July 15, 2017. The commissioner
134.8must pay riparian protection aid to counties and to the Board of Water and Soil Resources
134.9in the same manner and at the same time as aid payments under section 477A.015.
134.10EFFECTIVE DATE.This section is effective the day following final enactment and
134.11applies to aids payable in 2017 and thereafter.
134.12 Sec. 146. Laws 2000, chapter 486, section 4, as amended by Laws 2001, chapter 182,
134.13section 2, is amended to read:
134.14 Sec. 4. [BOATHOUSE LEASES; SOUDAN UNDERGROUND MINE STATE
134.15PARK.]
134.16 (a) In 1965, United States Steel Corporation conveyed land to the state of Minnesota
134.17that was included in the Soudan underground mine state park, with certain lands at Stuntz
134.18Bay subject to leases outstanding for employee boathouse sites.
134.19 (b) Notwithstanding Minnesota Statutes, sections
134.21(a), the commissioner of natural resources shall offer a new lease to the party in possession
134.22at the time of lease expiration, or, if there has been a miscellaneous lease issued by the
134.23Department of Natural Resources due to expiration of a lease described under paragraph
134.24(a), upon its expiration to the lessee. The new lease shall be issued under the terms and
134.25conditions of Minnesota Statutes, section
134.26follows:
134.27 (1) the term of the lease shall be for the lifetime of the party being issued a renewed
134.28lease and, if transferred, for the lifetime of the party to whom the lease is transferred;
134.29 (2) the new lease shall provide that the lease may be transferred only once and the transfer
134.30must be to a person within the third degree of kindred or first cousin according to civil law;
134.31
134.33persons who have attained legal age; and
135.1 (4) the lease amount must not exceed 50 percent of the average market rate, based on
135.2comparable private lease rates, as determined once every five years per lease.
135.3At the time of the new lease, the commissioner may offer, and after agreement with the
135.4leaseholder, lease equivalent alternative sites to the leaseholder.
135.5 (c) The commissioner shall not cancel a boathouse lease described under paragraphs (a)
135.6and (b) except for noncompliance with the lease agreement.
135.7(d) The commissioner must issue a written receipt to the lessee for each lease payment.
135.8
135.9
135.10
135.11
135.12
135.13
135.14
135.15
135.16
135.17
135.18 (e) The commissioner of natural resources shall contact U.S.X. Corporation and local
135.19units of government regarding the inclusion of the following lands within Soudan
135.20underground mine state park:
135.21 (1) all lands located South of Vermillion Lake shoreline in Section 13, Township 62
135.22North, Range 15 West;
135.23 (2) all lands located South of Vermillion Lake shoreline in the S1/2-SE1/4 of Section
135.2414, Township 62 North, Range 15 West;
135.25 (3) NE1/4-SE1/4 and E1/2-NE1/4 of Section 22, Township 62 North, Range 15 West;
135.26 (4) all lands located South of Vermillion Lake shoreline in Section 23, Township 62
135.27North, Range 15 West;
135.28 (5) all of Section 24, Township 62 North, Range 15 West;
135.29 (6) all lands North of trunk highway No. 169 located in Section 25, Township 62 North,
135.30Range 15 West;
136.1 (7) all lands North of trunk highway No. 169 located in Section 26, Township 62 North,
136.2Range 15 West;
136.3 (8) NE1/4-SE1/4 and SE1/4-NE1/4 of Section 27, Township 62 North, Range 15 West;
136.4and
136.5 (9) NW1/4 of Section 19, Township 62 North, Range 14 West.
136.6EFFECTIVE DATE.This section is effective the day following final enactment and
136.7applies to monthly lease payments made on or after that date.
136.8 Sec. 147. Laws 2013, chapter 114, article 4, section 105, is amended to read:
136.9 Sec. 105. RULES; SILICA SAND.
136.10(a) The commissioner of the Pollution Control Agency
136.11to the control of particulate emissions from silica sand projects. The rulemaking is exempt
136.12from Minnesota Statutes, section
136.13(b) The commissioner of natural resources shall adopt rules pertaining to the reclamation
136.14of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section
136.15(c) By January 1, 2014, the Department of Health shall adopt an air quality health-based
136.16value for silica sand.
136.17(d) The Environmental Quality Board
136.18review, adopted under Minnesota Statutes, chapter 116D, for silica sand mining and
136.19processing to take into account the increased activity in the state and concerns over the size
136.20of specific operations. The Environmental Quality Board shall consider whether the
136.21requirements of Minnesota Statutes, section
136.22environmental review requirements for silica sand and whether the requirements should be
136.23different for different geographic areas of the state. The rulemaking is exempt from Minnesota
136.24Statutes, section
136.25 Sec. 148. Laws 2015, First Special Session chapter 4, article 4, section 136, is amended
136.26to read:
136.27 Sec. 136. WILD RICE WATER QUALITY STANDARDS.
136.28(a) Until the commissioner of the Pollution Control Agency amends rules refining the
136.29wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, to consider
136.30all independent research and publicly funded research and to include criteria for identifying
136.31waters and a list of waters subject to the standard, implementation of the wild rice water
137.1quality standard in Minnesota Rules, part 7050.0224, subpart 2, shall be limited to the
137.2following, unless the permittee requests additional conditions:
137.3(1) when issuing, modifying, or renewing national pollutant discharge elimination system
137.4(NPDES) or state disposal system (SDS) permits, the agency shall endeavor to protect wild
137.5rice, and in doing so shall be limited by the following conditions:
137.6(i) the agency shall not require permittees to expend money for design or implementation
137.7of sulfate treatment technologies or other forms of sulfate mitigation; and
137.8(ii) the agency may require sulfate minimization plans in permits; and
137.9(2) the agency shall not list waters containing natural beds of wild rice as impaired for
137.10sulfate under section 303(d) of the federal Clean Water Act, United States Code, title 33,
137.11section 1313, until the rulemaking described in this paragraph takes effect.
137.12(b) Upon the rule described in paragraph (a) taking effect, the agency may reopen permits
137.13issued or reissued after the effective date of this section as needed to include numeric permit
137.14limits based on the wild rice water quality standard.
137.15(c) The commissioner shall complete the rulemaking described in paragraph (a) by
137.16January 15,
137.17 Sec. 149. Laws 2016, chapter 189, article 3, section 26, the effective date, is amended to
137.18read:
137.19EFFECTIVE DATE.This section is effective May 1,
137.20EFFECTIVE DATE.This section is effective retroactively from April 30, 2017.
137.21 Sec. 150. Laws 2016, chapter 189, article 3, section 46, is amended to read:
137.22 Sec. 46. PRESCRIBED BURN REQUIREMENTS; REPORT.
137.23The commissioner of natural resources, in cooperation with prescribed burning
137.24professionals, nongovernmental organizations, and local and federal governments, must
137.25develop criteria for certifying an entity to conduct a prescribed burn under
137.26burning permit. The certification requirements must include training, equipment, and
137.27experience requirements and include an apprentice program to allow entities without
137.28experience to become certified. The commissioner must establish provisions for decertifying
137.29entities. The commissioner must not require additional certification or requirements for
137.30burns conducted as part of normal agricultural practices not currently subject to prescribed
137.31burn specifications. The commissioner must submit a report with recommendations and
138.1any legislative changes needed to the chairs and ranking minority members of the house of
138.2representatives and senate committees and divisions with jurisdiction over environment and
138.3natural resources by January 15, 2017.
138.4 Sec. 151. DEMOLITION DEBRIS LANDFILL PERMITTING.
138.5A solid waste permit issued by the Pollution Control Agency to an existing class I
138.6demolition debris landfill facility that is operating under the Pollution Control Agency
138.7Demolition Landfill Guidance, issued August 2005, is extended pursuant to Minnesota
138.8Rules, part 7001.0160, for a period of five years, unless a new permit is issued for the facility
138.9by the Pollution Control Agency after the effective date of this section.
138.10EFFECTIVE DATE.This section is effective the day following final enactment.
138.11 Sec. 152. ENVIRONMENTAL QUALITY BOARD MEMBERSHIP TRANSITION.
138.12(a) Until the governor has appointed members of the Environmental Quality Board from
138.13each congressional district as required under this act, this section governs membership of
138.14the board.
138.15(b) The citizen members of the board as of July 1, 2017, shall continue to serve until the
138.16expiration of their terms.
138.17(c) No later than October 1, 2017, the governor shall appoint board members from the
138.18first, second, seventh, and eighth congressional districts for terms to begin January 2, 2018.
138.19(d) No later than October 1, 2018, the governor shall appoint a board member from the
138.20third congressional district for a term to begin January 8, 2019.
138.21(e) No later than October 1, 2019, the governor shall appoint a board member from the
138.22fourth congressional district for a term to begin January 7, 2020.
138.23(f) No later than October 1, 2020, the governor shall appoint a board member from the
138.24fifth congressional district for a term to begin January 5, 2021.
138.25(g) No later than October 1, 2021, the governor shall appoint a commissioner from the
138.26sixth congressional district for a term to begin January 4, 2022.
138.27 Sec. 153. SAND DUNES STATE FOREST MANAGEMENT; PLAN REQUIRED.
138.28 Subdivision 1. Forest management. When managing the Sand Dunes State Forest, the
138.29commissioner of natural resources must:
139.1(1) not convert additional land to oak savanna or convert oak savanna to nonforest land
139.2unless it is done as a result of a contract entered into before the effective date of this section;
139.3(2) require all prairie seeds planted to be from native species of a local ecotype to
139.4Sherburne or Benton County; and
139.5(3) comply with the Minnesota Forest Resources Council's guidelines for aesthetics in
139.6residential areas.
139.7 Subd. 2. Prescribed burns; notification. At least 40 days before conducting a prescribed
139.8burn, the commissioner must:
139.9(1) publish a notice in a newspaper of general circulation in the area;
139.10(2) notify the county and township in writing; and
139.11(3) notify residents within a quarter mile of the prescribed burn in writing.
139.12 Subd. 3. School trust lands. Nothing in this section restricts the ability of the
139.13commissioner or the school trust lands director from managing school trust lands within
139.14the Sand Dunes State Forest for long-term economic return.
139.15 Subd. 4. Township road. If the commissioner of natural resources finds that any portion
139.16of 233rd Avenue within the Sand Dunes State Forest is not owned by the township, the
139.17commissioner must convey an easement over and across state-owned lands administered
139.18by the commissioner to the township under Minnesota Statutes, section 84.63, for the width
139.19of 233rd Avenue.
139.20 Subd. 5. Sunset. This section expires two years from the day following final enactment.
139.21EFFECTIVE DATE.This section is effective the day following final enactment.
139.22 Sec. 154. WATER USE PERMIT AND DATA COLLECTION; APPROPRIATION.
139.23(a) Notwithstanding Minnesota Statutes, sections 84.0895 and 103G.223, or other law
139.24to the contrary, the commissioner of natural resources must issue, upon application, a water
139.25use permit for calcareous fens located in Pipestone County. The permittee must agree to
139.26the following permit conditions:
139.27(1) the permit is for a term of 15 years, but may be revoked after five years if paragraph
139.28(b) applies;
139.29(2) water use under the permit is limited to irrigation of agricultural crops at a rate of
139.30no more than 800 gallons per minute in accordance with an irrigation plan submitted with
139.31the water use permit application;
140.1(3) the permittee must pay for the irrigation system installed during the term of the
140.2permit; and
140.3(4) installation of the irrigation system must minimize disturbance to the existing plant
140.4community in the calcareous fens. The commissioner must provide technical advice for
140.5installation of the irrigation system.
140.6(b) If, at any time after five years of water use, the commissioner determines the
140.7drawdown of water from the fens endangers the continued sustainability of the calcareous
140.8fens, the commissioner may revoke the permit. If the commissioner revokes the permit
140.9before the permit's expiration date, the permittee must be reimbursed for the cost of the
140.10irrigation system, prorated over the full 15-year term of the original permit.
140.11(c) The commissioner must monitor the calcareous fens to collect data on the effects of
140.12water use from the fens for the duration of the permit. If the commissioner concludes that,
140.13based on collected data, the calcareous fens remain viable after 15 years of water use, the
140.14commissioner must renew the water use permit for an additional 15 years, free of the
140.15condition imposed under paragraph (a), clause (1).
140.16 Sec. 155. HILL-ANNEX MINE STATE PARK MANAGEMENT AND OPERATION
140.17PLAN.
140.18(a) The commissioner of natural resources must work with the commissioner of the Iron
140.19Range Resources and Rehabilitation Board and representatives from the city of Calumet,
140.20Itasca County, and the Western Mesabi Mine Planning Board to create an alternate operating
140.21model for local management and operation of Hill-Annex Mine State Park until mining
140.22resumes on the property. The commissioner of natural resources must submit a management
140.23and operation plan to the chairs and ranking minority members of the house of representatives
140.24and senate committees and divisions with jurisdiction over environment and natural resources
140.25by January 15, 2018.
140.26 (b) In fiscal year 2018 and fiscal year 2019, the level of service and hours of operation
140.27at Hill-Annex Mine State Park must be maintained at fiscal year 2016 levels.
140.28 Sec. 156. BASE BUDGET REPORT.
140.29(a) The commissioners of natural resources and the Pollution Control Agency must each
140.30submit a report that contains the details of their base budgets, by fiscal year, including:
140.31(1) appropriation riders for the previous biennium and the year the rider was first used;
140.32(2) anticipated appropriation riders for the fiscal years 2020-2021 biennium;
141.1(3) statutory appropriations; and
141.2(4) an explanation on the use of funds for each appropriation not covered by a rider.
141.3(b) The reports must be submitted to the chairs and ranking minority members of the
141.4house of representatives and senate committees and divisions with jurisdiction over
141.5environment and natural resources by October 15, 2018.
141.6 Sec. 157. RULEMAKING; MINNOW LICENSES.
141.7The commissioner of natural resources shall amend Minnesota Rules, part 6254.0100,
141.8subpart 2, to conform with Minnesota Statutes, section 97C.501, subdivision 1. The
141.9commissioner may use the good cause exemption under Minnesota Statutes, section 14.388,
141.10subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section
141.1114.386, does not apply, except as provided under Minnesota Statutes, section 14.388.
141.12 Sec. 158. CANCELLATION OF PERMITS.
141.13Water-use permits issued before July 1, 2017, for water use exempted under Minnesota
141.14Statutes, section 103G.271, subdivision 1, paragraph (b), clause (3), are canceled effective
141.15July 1, 2017.
141.16 Sec. 159. RULEMAKING; EFFLUENT LIMITATION COMPLIANCE.
141.17(a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
141.18part 7001.0150, subpart 2, item A, by inserting the following:
141.19"For a municipality that constructs a publicly owned treatment works facility to comply
141.20with a new or modified effluent limitation, compliance with any new or modified effluent
141.21limitation adopted after construction begins that would require additional capital investment
141.22is required no sooner than 16 years after the date of initiation of operation of the facility."
141.23(b) The commissioner may use the good cause exemption under Minnesota Statutes,
141.24section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
141.25Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
141.26section 14.388.
141.27 Sec. 160. DISPOSITION OF PROCEEDS; ST. LOUIS COUNTY
141.28ENVIRONMENTAL TRUST FUND.
141.29Notwithstanding Minnesota Statutes, chapter 282, and any other law relating to the
141.30disposition of proceeds from the sale of tax-forfeited land, the St. Louis County Board must
142.1deposit any money received from the sale of tax-forfeited land purchased by the Fond du
142.2Lac Band of Lake Superior Chippewa with money appropriated under Laws 2014, chapter
142.3256, article 1, section 2, subdivision 3, paragraph (a), into an environmental trust fund
142.4established by the county. The principal from the sale of the land may not be expended.
142.5The county may spend interest earned on the principal only for purposes related to improving
142.6natural resources.
142.7EFFECTIVE DATE; LOCAL APPROVAL.This section is effective the day after
142.8the St. Louis County Board and its chief clerical officer timely complete their compliance
142.9with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
142.10 Sec. 161. ACTION TO OBTAIN ACCESS PROHIBITED; CLEARWATER
142.11COUNTY.
142.12Before July 1, 2018, the commissioner of natural resources must not initiate a civil action
142.13or otherwise seek to obtain access to land administered by the commissioner via a private
142.14road connected to County Road 27, located in Clearwater County, Township 147, Range
142.1532 or Range 33.
142.16EFFECTIVE DATE.This section is effective the day following final enactment.
142.17 Sec. 162. REVISOR'S INSTRUCTION.
142.18In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall replace all
142.19references to Minnesota Statutes, section 115B.39, subdivision 2, paragraph (l), with
142.20Minnesota Statutes, section 115B.39, subdivision 2, paragraph (n), and shall make all other
142.21necessary changes to preserve the meaning of the text and to conform with the paragraph
142.22relettering in this act.
142.23 Sec. 163. REPEALER.
142.24(a) Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5;
142.2597C.701, subdivisions 1a and 6; 97C.705; 97C.711; and 116C.04, subdivisions 3 and 4, are
142.26repealed.
142.27(b) Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500;
142.286258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900, are repealed."
142.29Delete the title and insert:
142.31relating to state government; appropriating money for environment, natural
142.32resources, and tourism purposes; modifying fees; providing for disposition of
143.1certain receipts; modifying grant, contract, and lease provisions; modifying state
143.2park permit requirements; modifying water safety provisions; modifying provisions
143.3to take, possess, and transport wildlife; modifying duties and authority; modifying
143.4Minnesota Naturalist Corps provisions; modifying prescribed burn provisions;
143.5modifying timber sales provisions; providing for certain contested case hearings,
143.6appeals, and reviews; modifying landfill cleanup program; modifying tax-forfeited
143.7land provisions; providing for consumer choice in merchant bags; modifying buffer
143.8requirements; providing for riparian protection aid; modifying the Water Law;
143.9modifying invasive species provisions; modifying off-highway vehicle provisions;
143.10modifying permit and license requirements; modifying Petroleum Tank Release
143.11Cleanup Act; extending ban on open air swine basins; modifying environmental
143.12review; modifying Environmental Quality Board; requiring reports; requiring
143.13rulemaking;amending Minnesota Statutes 2016, sections 84.01, by adding a
143.14subdivision; 84.027, subdivisions 14a, 14b, by adding subdivisions; 84.788,
143.15subdivision 2; 84.793, subdivision 1; 84.8031; 84.82, subdivision 2; 84.925,
143.16subdivision 1; 84.9256, subdivisions 1, 2; 84.946, subdivision 2, by adding a
143.17subdivision; 84.992, subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 84D.04,
143.18subdivision 1; 84D.05, subdivision 1; 84D.108, subdivision 2a, by adding
143.19subdivisions; 84D.11, by adding a subdivision; 85.052, subdivision 1; 85.053,
143.20subdivisions 8, 10; 85.054, by adding a subdivision; 85.055, subdivision 1; 85.22,
143.21subdivision 2a; 85.32, subdivision 1; 86B.301, subdivision 2; 86B.313, subdivision
143.221; 86B.701, subdivision 3; 88.01, subdivision 28; 88.523; 89.39; 90.01, subdivisions
143.238, 12, by adding a subdivision; 90.041, subdivision 2; 90.051; 90.101, subdivision
143.242; 90.14; 90.145, subdivision 2; 90.151, subdivision 1; 90.162; 90.252; 93.25,
143.25subdivision 2; 93.47, subdivision 4; 93.481, subdivision 2; 93.50; 94.343,
143.26subdivision 9; 94.344, subdivision 9; 97A.015, subdivisions 39, 43, 45, 52, 53, by
143.27adding a subdivision; 97A.045, subdivision 10; 97A.055, subdivision 2; 97A.075,
143.28subdivision 1; 97A.137, subdivision 5; 97A.201, subdivision 2, by adding a
143.29subdivision; 97A.225, subdivision 8; 97A.301, subdivision 1; 97A.338; 97A.420,
143.30subdivision 1; 97A.421, subdivision 2a; 97A.441, subdivision 1; 97B.031,
143.31subdivision 6; 97B.071; 97B.405; 97B.431; 97B.516; 97B.655, subdivision 1;
143.3297C.315, subdivision 1; 97C.355, subdivision 2a; 97C.401, subdivision 2; 97C.501,
143.33subdivision 1; 97C.515, subdivision 2; 97C.701, by adding a subdivision; 103B.101,
143.34subdivision 12a; 103F.411, subdivision 1; 103F.48, subdivisions 1, 3, 7; 103G.005,
143.35subdivisions 10b, 10h, by adding a subdivision; 103G.222, subdivisions 1, 3;
143.36103G.223; 103G.2242, subdivisions 1, 2; 103G.2372, subdivision 1; 103G.271,
143.37subdivisions 1, 6, 6a, 7, by adding a subdivision; 103G.287, subdivisions 1, 4;
143.38103G.411; 114D.25, by adding a subdivision; 115B.39, subdivision 2; 115B.40,
143.39subdivision 4; 115C.021, subdivision 1, by adding a subdivision; 116.03,
143.40subdivision 2b, by adding subdivisions; 116.07, subdivision 4d, by adding
143.41subdivisions; 116.0714; 116C.03, subdivision 2; 116C.04, subdivision 2; 116D.04,
143.42subdivisions 2a, 10; 116D.045, subdivision 1; 160.06; 168.1295, subdivision 1;
143.43282.018, subdivision 1; 282.04, subdivision 1; 296A.18, subdivision 6a; Laws
143.442000, chapter 486, section 4, as amended; Laws 2013, chapter 114, article 4, section
143.45105; Laws 2015, First Special Session chapter 4, article 4, section 136; Laws 2016,
143.46chapter 189, article 3, sections 6; 26; 46; proposing coding for new law in
143.47Minnesota Statutes, chapters 85; 93; 97B; 115; 115B; 116; 471; 477A; repealing
143.48Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5;
143.4997C.701, subdivisions 1a, 6; 97C.705; 97C.711; 116C.04, subdivisions 3, 4;
143.50Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500;
143.516258.0600; 6258.0700, subparts 1, 4, 5; 6258.0800; 6258.0900."