HF 888

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 03/28/2017 10:20am

A bill for an act
relating to state government; appropriating money for environment, natural
resources, and tourism purposes; modifying fees; creating accounts; providing for
disposition of certain receipts; modifying grant, contract, and lease provisions;
modifying water safety provisions; modifying provisions to take, possess, and
transport wildlife; modifying duties and authority; providing for no net gain of
state lands; modifying buffer requirements; modifying wetland provisions;
modifying invasive species provisions; modifying off-highway vehicle provisions;
modifying permit and license requirements; modifying Petroleum Tank Release
Cleanup Act; extending ban on open air swine basins; modifying environmental
review; modifying Environmental Quality Board; requiring reports; requiring
rulemaking; amending Minnesota Statutes 2016, sections 84.01, by adding a
subdivision; 84.027, subdivisions 14a, 14b, by adding subdivisions; 84.788,
subdivision 2; 84.793, subdivision 1; 84.82, subdivision 2; 84.925, subdivision 1;
84.9256, subdivisions 1, 2; 84.946, subdivision 2, by adding a subdivision; 84.992,
subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 84D.04, subdivision 1; 84D.05,
subdivision 1; 84D.108, subdivision 2a, by adding a subdivision; 84D.11, by adding
a subdivision; 85.052, subdivision 1; 85.054, by adding a subdivision; 85.055,
subdivision 1; 85.22, subdivision 2a; 85.32, subdivision 1; 86B.313, subdivision
1; 86B.511; 86B.701, subdivision 3; 88.01, subdivision 28; 88.523; 89.39; 90.01,
subdivisions 8, 12, by adding a subdivision; 90.041, subdivision 2; 90.051; 90.101,
subdivision 2; 90.14; 90.145, subdivision 2; 90.151, subdivision 1; 90.162; 90.252;
93.47, subdivision 4; 93.481, subdivision 2; 93.50; 94.343, subdivision 9; 94.344,
subdivision 9; 97A.015, subdivisions 39, 43, 45, 52, 53; 97A.045, subdivision 10;
97A.075, subdivision 1; 97A.137, subdivision 5; 97A.201, subdivision 2, by adding
a subdivision; 97A.301, subdivision 1; 97A.338; 97A.420, subdivision 1; 97A.421,
subdivision 2a; 97B.031, subdivision 6; 97B.516; 97B.655, subdivision 1; 97C.401,
subdivision 2; 97C.501, subdivision 1; 97C.701, by adding a subdivision; 103B.101,
subdivision 12a; 103F.411, subdivision 1; 103F.48, subdivisions 1, 3, 7; 103G.005,
subdivisions 10b, 10h, by adding a subdivision; 103G.222, subdivisions 1, 3;
103G.2242, subdivision 2; 103G.2372, subdivision 1; 103G.271, subdivisions 1,
6, 6a, 7, by adding a subdivision; 103G.287, subdivisions 1, 4; 103G.411; 114D.25,
by adding a subdivision; 115B.41, subdivision 1; 115B.421; 115C.021, subdivision
1, by adding a subdivision; 116.03, subdivision 2b, by adding subdivisions; 116.07,
subdivision 4d, by adding subdivisions; 116.0714; 116C.03, subdivision 2; 116C.04,
subdivision 2; 116D.04, subdivisions 2a, 10; 116D.045, subdivision 1; 160.06;
168.1295, subdivision 1; 296A.18, subdivision 6a; Laws 2013, chapter 114, article
4, section 105; Laws 2015, First Special Session chapter 4, article 4, section 136;
Laws 2016, chapter 189, article 3, sections 6; 46; proposing coding for new law
in Minnesota Statutes, chapters 15; 85; 93; 97B; 115; 115B; repealing Minnesota
Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5; 97C.701,
subdivisions 1a, 6; 97C.705; 97C.711; 116C.04, subdivisions 3, 4; Minnesota
Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; 6258.0600;
6258.0700, subparts 1, 4, 5; 6258.0800; 6258.0900.

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

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

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

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2018" and "2019" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are
effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2018 new text end		new text begin 2019 new text end

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

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

new text begin $ new text end

new text begin 97,016,000 new text end

new text begin $ new text end

new text begin 92,666,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 3,297,000 new text end	new text begin 2,997,000 new text end
new text begin State Government Special Revenue new text end	new text begin 75,000 new text end	new text begin 75,000 new text end
new text begin Environmental new text end	new text begin 78,210,000 new text end	new text begin 78,160,000 new text end
new text begin Remediation new text end	new text begin 11,434,000 new text end	new text begin 11,434,000 new text end
new text begin Closed Landfill Investment new text end	new text begin 4,000,000 new text end	new text begin -0- new text end

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

new text begin The commissioner must present the agency's
biennial budget for fiscal years 2020 and 2021
to the legislature in a transparent way by
agency division, including the proposed
budget bill and presentations of the budget to
committees and divisions with jurisdiction
over the agency's budget.
new text end

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

new text begin 12,547,000 new text end

new text begin 12,497,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Environmental new text end	new text begin 12,366,000 new text end	new text begin 12,316,000 new text end
new text begin Remediation new text end	new text begin 181,000 new text end	new text begin 181,000 new text end

new text begin (a) $88,000 the first year and $88,000 the
second year are from the environmental fund
for:
new text end

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

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

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

new text begin (4) coordinating with the Public Facilities
Authority to identify and advocate for the
resources needed for municipalities to achieve
permit requirements.
new text end

new text begin (b) $204,000 the first year and $204,000 the
second year are from the environmental fund
for a monitoring program under Minnesota
Statutes, section 116.454.
new text end

new text begin (c) $346,000 the first year and $346,000 the
second year are from the environmental fund
for monitoring ambient air for hazardous
pollutants.
new text end

new text begin (d) $90,000 the first year and $90,000 the
second year are from the environmental fund
for duties related to harmful chemicals in
children's products under Minnesota Statutes,
sections 116.9401 to 116.9407. Of this
amount, $57,000 each year is transferred to
the commissioner of health.
new text end

new text begin (e) $109,000 the first year and $109,000 the
second year are from the environmental fund
for registration of wastewater laboratories.
new text end

new text begin (f) $913,000 the first year and $913,000 the
second year are from the environmental fund
to continue perfluorochemical biomonitoring
in eastern-metropolitan communities, as
recommended by the Environmental Health
Tracking and Biomonitoring Advisory Panel,
and address other environmental health risks,
including air quality. The communities must
include Hmong and other immigrant farming
communities. Of this amount, up to $677,000
the first year and $677,000 the second year
are for transfer to the Department of Health.
new text end

new text begin (g) $100,000 the first year and $50,000 the
second year are from the environmental fund
for impaired waters listing procedures required
under this act.
new text end

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

new text begin 13,509,000 new text end

new text begin 13,508,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Environmental new text end	new text begin 12,979,000 new text end	new text begin 12,978,000 new text end
new text begin Remediation new text end	new text begin 530,000 new text end	new text begin 530,000 new text end

new text begin $530,000 the first year and $530,000 the
second year are from the remediation fund for
the leaking underground storage tank program
to investigate, clean up, and prevent future
releases from underground petroleum storage
tanks and to the petroleum remediation
program for vapor assessment and
remediation. These same annual amounts are
transferred from the petroleum tank fund to
the remediation fund.
new text end

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

new text begin 6,625,000 new text end

new text begin 6,624,000 new text end

new text begin (a) $162,000 the first year and $162,000 the
second year are from the environmental fund
for:
new text end

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

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

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

new text begin (4) coordinating with the Public Facilities
Authority to identify and advocate for the
resources needed for municipalities to achieve
permit requirements.
new text end

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

new text begin (c) $615,000 the first year and $614,000 the
second year are from the environmental fund
for subsurface sewage treatment system
(SSTS) program administration and
community technical assistance and education,
including grants and technical assistance to
communities for water-quality protection. Of
this amount, $129,000 each year is for
assistance to counties through grants for SSTS
program administration. A county receiving
a grant from this appropriation must submit
the results achieved with the grant to the
commissioner as part of its annual SSTS
report. Any unexpended balance in the first
year does not cancel but is available in the
second year.
new text end

new text begin (d) $639,000 the first year and $640,000 the
second year are from the environmental fund
to address the need for continued increased
activity in the areas of new technology review,
technical assistance for local governments,
and enforcement under Minnesota Statutes,
sections 115.55 to 115.58, and to complete the
requirements of Laws 2003, chapter 128,
article 1, section 165.
new text end

new text begin (e) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2019, as
grants or contracts for subsurface sewage
treatment systems, surface water and
groundwater assessments, storm water, and
water-quality protection in this subdivision
are available until June 30, 2022.
new text end

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

new text begin 5,839,000 new text end

new text begin 5,540,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 300,000 new text end
new text begin Environmental new text end	new text begin 4,775,000 new text end	new text begin 4,775,000 new text end
new text begin Remediation new text end	new text begin 764,000 new text end	new text begin 765,000 new text end

new text begin (a) $174,000 the first year and $174,000 the
second year are from the remediation fund for
purposes of the leaking underground storage
tank program to investigate, clean up, and
prevent future releases from underground
petroleum storage tanks, and to the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.
new text end

new text begin (b) $400,000 the first year and $400,000 the
second year are from the environmental fund
to develop and maintain systems to support
permitting and regulatory business processes
and agency data.
new text end

new text begin (c) $500,000 the first year and $500,000 the
second year are from the environmental fund
for permitting efficiency and updating rules
to reflect guidelines, bulletins, criterion,
manual standards, interpretive statements, or
similar pronouncements used in permits.
new text end

new text begin (d) $300,000 the first year is for a grant to the
Metropolitan Council under Minnesota
Statutes, section 116.195, for wastewater
infrastructure to support waste to biofuel
development.
new text end

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

new text begin 14,645,000 new text end

new text begin 10,644,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 216,000 new text end	new text begin 216,000 new text end
new text begin Environmental new text end	new text begin 688,000 new text end	new text begin 688,000 new text end
new text begin Remediation new text end	new text begin 9,741,000 new text end	new text begin 9,740,000 new text end
new text begin Closed Landfill Investment new text end	new text begin 4,000,000 new text end	new text begin -0- new text end

new text begin (a) All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise appropriated
is appropriated to the commissioners of the
Pollution Control Agency and agriculture for
purposes of Minnesota Statutes, section
115B.20, subdivision 2, clauses (1), (2), (3),
(6), and (7). At the beginning of each fiscal
year, the two commissioners shall jointly
submit an annual spending plan to the
commissioner of management and budget that
maximizes the use of resources and
appropriately allocates the money between the
two departments. This appropriation is
available until June 30, 2019.
new text end

new text begin (b) $216,000 the first year and $216,000 the
second year are from the general fund and
$216,000 the first year and $216,000 the
second year are from the environmental fund
to manage contaminated sediment projects at
multiple sites identified in the St. Louis River
remedial action plan to restore water quality
in the St. Louis River Area of Concern. This
amount is added to the base for fiscal year
2020 only.
new text end

new text begin (c) $3,521,000 the first year and $3,520,000
the second year are from the remediation fund
for purposes of the leaking underground
storage tank program to investigate, clean up,
and prevent future releases from underground
petroleum storage tanks, and to the petroleum
remediation program for purposes of vapor
assessment and remediation. These same
annual amounts are transferred from the
petroleum tank fund to the remediation fund.
new text end

new text begin (d) $252,000 the first year and $252,000 the
second year are from the remediation fund for
transfer to the commissioner of health for
private water-supply monitoring and health
assessment costs in areas contaminated by
unpermitted mixed municipal solid waste
disposal facilities and drinking water
advisories and public information activities
for areas contaminated by hazardous releases.
new text end

new text begin (e) Notwithstanding Minnesota Statutes,
section 115B.421, $4,000,000 the first year is
from the closed landfill investment fund for
remedial investigations, feasibility studies,
engineering, and cleanup-related activities for
purposes of indemnification agreements and
environmental response actions at a qualified
facility under Minnesota Statutes, section
115B.431. By January 15, 2018, the
commissioner must submit a status report to
the chairs and ranking minority members of
the house of representatives and senate
committees and divisions with jurisdiction
over the environment and natural resources.
This is a onetime appropriation and is
available until June 30, 2019.
new text end

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

new text begin 33,617,000 new text end

new text begin 33,619,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin State Government Special Revenue new text end	new text begin 75,000 new text end	new text begin 75,000 new text end
new text begin Environmental new text end	new text begin 33,542,000 new text end	new text begin 33,544,000 new text end

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

new text begin (b) $1,000,000 the first year and $1,000,000
the second year are from the environmental
fund for competitive recycling grants under
Minnesota Statutes, section 115A.565. This
appropriation is available until June 30, 2021.
Any unencumbered grant and loan balances
in the first year do not cancel but are available
for grants and loans in the second year.
new text end

new text begin (c) $693,000 the first year and $693,000 the
second year are from the environmental fund
for emission reduction activities and grants to
small businesses and other nonpoint emission
reduction efforts.
new text end

new text begin (d) $19,750,000 the first year and $19,750,000
the second year are from the environmental
fund for SCORE block grants to counties.
new text end

new text begin (e) $119,000 the first year and $119,000 the
second year are from the environmental fund
for environmental assistance grants or loans
under Minnesota Statutes, section 115A.0716.
Any unencumbered grant and loan balances
in the first year do not cancel but are available
for grants and loans in the second year.
new text end

new text begin (f) $68,000 the first year and $69,000 the
second year are from the environmental fund
for subsurface sewage treatment system
(SSTS) program administration and
community technical assistance and education,
including grants and technical assistance to
communities for water-quality protection.
new text end

new text begin (g) $125,000 the first year and $126,000 the
second year are from the environmental fund
to address the need for continued increased
activity in the areas of new technology review,
technical assistance for local governments,
and enforcement under Minnesota Statutes,
sections 115.55 to 115.58, and to complete the
requirements of Laws 2003, chapter 128,
article 1, section 165.
new text end

new text begin (h) All money deposited in the environmental
fund for the metropolitan solid waste landfill
fee in accordance with Minnesota Statutes,
section 473.843, and not otherwise
appropriated, is appropriated for the purposes
of Minnesota Statutes, section 473.844.
new text end

new text begin (i) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2019, as
contracts or grants for environmental
assistance awarded under Minnesota Statutes,
section 115A.0716; technical and research
assistance under Minnesota Statutes, section
115A.152; technical assistance under
Minnesota Statutes, section 115A.52; and
pollution prevention assistance under
Minnesota Statutes, section 115D.04, are
available until June 30, 2021.
new text end

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

new text begin 9,220,000 new text end

new text begin 9,220,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 1,959,000 new text end	new text begin 1,959,000 new text end
new text begin Environmental new text end	new text begin 7,043,000 new text end	new text begin 7,043,000 new text end
new text begin Remediation new text end	new text begin 218,000 new text end	new text begin 218,000 new text end

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

new text begin (b) $207,000 the first year and $207,000 the
second year are from the environmental fund
for the costs of implementing general
operating permits for feedlots over 1,000
animal units.
new text end

new text begin (c) $118,000 the first year and $118,000 the
second year are from the remediation fund for
purposes of the leaking underground storage
tank program to investigate, clean up, and
prevent future releases from underground
petroleum storage tanks, and to the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.
new text end

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

new text begin 1,014,000 new text end

new text begin 1,014,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 822,000 new text end	new text begin 822,000 new text end
new text begin Environmental new text end	new text begin 192,000 new text end	new text begin 192,000 new text end

new text begin (a) $319,000 the first year and $319,000 the
second year are from the general fund and
$192,000 the first year and $192,000 the
second year are from the environmental fund
for Environmental Quality Board operations
and support.
new text end

new text begin (b) $503,000 the first year and $503,000 the
second year are from the general fund for the
Environmental Quality Board to lead an
interagency team to provide technical
assistance regarding the mining, processing,
and transporting of silica sand. Of this amount,
up to $75,000 each year may be transferred to
the commissioner of natural resources to
review the implementation of the rules adopted
by the commissioner pursuant to Laws 2013,
chapter 114, article 4, section 105, paragraph
(b), pertaining to the reclamation of silica sand
mines, to ensure that local government
reclamation programs are implemented in a
manner consistent with the rules.
new text end

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

new text begin (a) The commissioner shall transfer up to
$34,000,000 from the environmental fund to
the remediation fund for the purposes of the
remediation fund under Minnesota Statutes,
section 116.155, subdivision 2.
new text end

new text begin (b) The commissioner shall transfer
$4,356,000 in fiscal year 2018 from the
environmental fund in Minnesota Statutes,
section 16A.531, to the commissioner of
management and budget for deposit in the
general fund.
new text end

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

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

new text begin $ new text end

new text begin 273,845,000 new text end

new text begin $ new text end

new text begin 273,398,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 80,230,000 new text end	new text begin 80,063,000 new text end
new text begin Natural Resources new text end	new text begin 95,453,000 new text end	new text begin 95,203,000 new text end
new text begin Game and Fish new text end	new text begin 97,862,000 new text end	new text begin 97,832,000 new text end
new text begin Remediation new text end	new text begin 100,000 new text end	new text begin 100,000 new text end
new text begin Permanent School new text end	new text begin 200,000 new text end	new text begin 200,000 new text end

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

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

new text begin 5,646,000 new text end

new text begin 5,646,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 1,710,000 new text end	new text begin 1,710,000 new text end
new text begin Natural Resources new text end	new text begin 3,392,000 new text end	new text begin 3,392,000 new text end
new text begin Game and Fish new text end	new text begin 344,000 new text end	new text begin 344,000 new text end
new text begin Permanent School new text end	new text begin 200,000 new text end	new text begin 200,000 new text end

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

new text begin (b) $2,815,000 the first year and $2,815,000
the second year are from the minerals
management account in the natural resources
fund for use as provided in Minnesota Statutes,
section 93.2236, paragraph (c), for mineral
resource management, projects to enhance
future mineral income, and projects to promote
new mineral resource opportunities.
new text end

new text begin (c) $200,000 the first year and $200,000 the
second year are from the state forest suspense
account in the permanent school fund to secure
maximum long-term economic return from
the school trust lands consistent with fiduciary
responsibilities and sound natural resources
conservation and management principles.
new text end

new text begin (d) $125,000 the first year and $125,000 the
second year are for conservation easement
stewardship.
new text end

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

new text begin 32,520,000 new text end

new text begin 32,353,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 17,213,000 new text end	new text begin 17,046,000 new text end
new text begin Natural Resources new text end	new text begin 10,826,000 new text end	new text begin 10,826,000 new text end
new text begin Game and Fish new text end	new text begin 4,481,000 new text end	new text begin 4,481,000 new text end

new text begin (a) $3,242,000 the first year and $3,242,000
the second year are from the invasive species
account in the natural resources fund. Up to
$500,000 each year is available for grants for
applied aquatic invasive species research.
new text end

new text begin (b) $3,206,000 the first year and $3,206,000
the second year are from the general fund for
management, public awareness, assessment
and monitoring research, and water access
inspection to prevent the spread of invasive
species; management of invasive plants in
public waters; and management of terrestrial
invasive species on state-administered lands.
new text end

new text begin (c) $5,000,000 the first year and $5,000,000
the second year are from the water
management account in the natural resources
fund for only the purposes specified in
Minnesota Statutes, section 103G.27,
subdivision 2.
new text end

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

new text begin (e) $10,000 the first year and $10,000 the
second year are for payment to the Leech Lake
Band of Chippewa Indians to implement the
band's portion of the comprehensive plan for
the upper Mississippi.
new text end

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

new text begin (g) $2,018,000 the first year and $2,018,000
the second year are from the heritage
enhancement account in the game and fish
fund for only the purposes specified in
Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
new text end

new text begin (h) $950,000 the first year and $950,000 the
second year are from the nongame wildlife
management account in the natural resources
fund for the purpose of nongame wildlife
management. Notwithstanding Minnesota
Statutes, section 290.431, $100,000 the first
year and $100,000 the second year may be
used for nongame wildlife information,
education, and promotion.
new text end

new text begin (i) Notwithstanding Minnesota Statutes,
section 84.943, $13,000 the first year and
$13,000 the second year from the critical
habitat private sector matching account may
be used to publicize the critical habitat license
plate match program.
new text end

new text begin (j) $6,000,000 the first year and $6,000,000
the second year are from the general fund for
the following activities:
new text end

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

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

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

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

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

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

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

new text begin (k) $167,000 the first year is for a grant to the
Koronis Lake Association for purposes of
removing and preventing aquatic invasive
species. This is a onetime appropriation and
is available until June 30, 2022.
new text end

new text begin (l) $250,000 the first year and $250,000 the
second year are from the water management
account in the natural resources fund for
economic impact analysis of groundwater
management area and water appropriation
permit plans required under Minnesota
Statutes, sections 103G.271, subdivision 8,
and 103G.287, subdivision 4.
new text end

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

new text begin 45,781,000 new text end

new text begin 45,281,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 28,350,000 new text end	new text begin 28,350,000 new text end
new text begin Natural Resources new text end	new text begin 16,144,000 new text end	new text begin 15,644,000 new text end
new text begin Game and Fish new text end	new text begin 1,287,000 new text end	new text begin 1,287,000 new text end

new text begin (a) $7,145,000 the first year and $7,145,000
the second year are for prevention,
presuppression, and suppression costs of
emergency firefighting and other costs
incurred under Minnesota Statutes, section
88.12. The amount necessary to pay for
presuppression and suppression costs during
the biennium is appropriated from the general
fund. By January 15 of each year, the
commissioner of natural resources shall submit
a report to the chairs and ranking minority
members of the house and senate committees
and divisions having jurisdiction over
environment and natural resources finance,
identifying all firefighting costs incurred and
reimbursements received in the prior fiscal
year. These appropriations may not be
transferred. Any reimbursement of firefighting
expenditures made to the commissioner from
any source other than federal mobilizations
must be deposited into the general fund.
new text end

new text begin (b) $11,644,000 the first year and $11,644,000
the second year are from the forest
management investment account in the natural
resources fund for only the purposes specified
in Minnesota Statutes, section 89.039,
subdivision 2.
new text end

new text begin (c) $1,287,000 the first year and $1,287,000
the second year are from the heritage
enhancement account in the game and fish
fund to advance ecological classification
systems (ECS) scientific management tools
for forest and invasive species management.
new text end

new text begin (d) $780,000 the first year and $780,000 the
second year are for the Forest Resources
Council to implement the Sustainable Forest
Resources Act.
new text end

new text begin (e) $500,000 the first year is from the forest
management investment account in the natural
resources fund for an analysis of a sustainable
timber harvest level on
department-administered lands. The
appropriation is available until June 30, 2019.
This appropriation is onetime.
new text end

new text begin (f) $2,000,000 the first year and $2,000,000
the second year are from the forest
management investment account in the natural
resources fund for state forest reforestation.
The base from the forest management
investment account in the natural resources
fund for fiscal year 2020 and later is
$1,250,000.
new text end

new text begin (g) $2,000,000 the first year and $2,000,000
the second year are from the forest
management investment account in the natural
resources fund for the Next Generation Core
Forestry data system. The appropriation is
available until June 30, 2021. The base from
the forest management investment account in
the natural resources fund for fiscal year 2020
and later is $500,000.
new text end

new text begin (h) The base for the natural resources fund in
fiscal year 2020 and later is $13,394,000.
new text end

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

new text begin 79,250,000 new text end

new text begin 79,500,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 24,427,000 new text end	new text begin 24,427,000 new text end
new text begin Natural Resources new text end	new text begin 52,550,000 new text end	new text begin 52,800,000 new text end
new text begin Game and Fish new text end	new text begin 2,273,000 new text end	new text begin 2,273,000 new text end

new text begin (a) $1,075,000 the first year and $1,075,000
the second year are from the water recreation
account in the natural resources fund for
enhancing public water-access facilities.
new text end

new text begin (b) $5,990,000 the first year and $5,990,000
the second year are from the natural resources
fund for state trail, park, and recreation area
operations. This appropriation is from the
revenue deposited in the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (2).
new text end

new text begin (c) $4,700,000 the first year and $5,100,000
the second year are from the state parks
account in the natural resources fund for
increased state park, state trail, and state
recreation area operation and maintenance.
new text end

new text begin (d) $1,005,000 the first year and $1,005,000
the second year are from the natural resources
fund for park and trail grants to local units of
government on land to be maintained for at
least 20 years for the purposes of the grants.
This appropriation is from the revenue
deposited in the natural resources fund under
Minnesota Statutes, section 297A.94,
paragraph (e), clause (4). Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

new text begin (e) $8,424,000 the first year and $8,424,000
the second year are from the snowmobile trails
and enforcement account in the natural
resources fund for the snowmobile
grants-in-aid program. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

new text begin (f) $1,685,000 the first year and $1,685,000
the second year are from the natural resources
fund for the off-highway vehicle grants-in-aid
program. Of this amount, $1,210,000 each
year is from the all-terrain vehicle account;
$150,000 each year is from the off-highway
motorcycle account; and $325,000 each year
is from the off-road vehicle. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end

new text begin (g) $75,000 the first year and $75,000 the
second year are from the cross-country ski
account in the natural resources fund for
grooming and maintaining cross-country ski
trails in state parks, trails, and recreation areas.
new text end

new text begin (h) $250,000 the first year and $250,000 the
second year are from the state land and water
conservation account in the natural resources
fund for priorities established by the
commissioner for eligible state projects and
administrative and planning activities
consistent with Minnesota Statutes, section
84.0264, and the federal Land and Water
Conservation Fund Act. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

new text begin (i) $150,000 the first year is from the
all-terrain vehicle account in the natural
resources fund for a grant to the city of Orr to
predesign, design, and construct the Voyageur
all-terrain vehicle trail system, including:
new text end

new text begin (1) design of the alignment for phase I of the
Voyageur all-terrain vehicle trail system and
development of a preliminary phase II
alignment;
new text end

new text begin (2) completion of wetland delineation and
wetland permitting;
new text end

new text begin (3) completion of the engineering design and
cost estimates for a snowmobile and
off-highway vehicle bridge over the Vermilion
River to establish a trail connection; and
new text end

new text begin (4) completion of the master plan for the
Voyageur all-terrain vehicle trail system.
new text end

new text begin This is a onetime appropriation and is
available until June 30, 2020.
new text end

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

new text begin 67,561,000 new text end

new text begin 67,531,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Natural Resources new text end	new text begin 1,912,000 new text end	new text begin 1,912,000 new text end
new text begin Game and Fish new text end	new text begin 65,649,000 new text end	new text begin 65,619,000 new text end

new text begin (a) $8,167,000 the first year and $8,167,000
the second year are from the heritage
enhancement account in the game and fish
fund only for activities specified in Minnesota
Statutes, section 297A.94, paragraph (e),
clause (1). Notwithstanding Minnesota
Statutes, section 297A.94, five percent of this
appropriation may be used for expanding
hunter and angler recruitment and retention.
new text end

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

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

new text begin 39,767,000 new text end

new text begin 39,767,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 5,530,000 new text end	new text begin 5,530,000 new text end
new text begin Natural Resources new text end	new text begin 10,309,000 new text end	new text begin 10,309,000 new text end
new text begin Game and Fish new text end	new text begin 23,828,000 new text end	new text begin 23,828,000 new text end
new text begin Remediation new text end	new text begin 100,000 new text end	new text begin 100,000 new text end

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

new text begin (b) $1,580,000 the first year and $1,580,000
the second year are from the heritage
enhancement account in the game and fish
fund for only the purposes specified in
Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
new text end

new text begin (c) $1,082,000 the first year and $1,082,000
the second year are from the water recreation
account in the natural resources fund for grants
to counties for boat and water safety. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end

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

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

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

new text begin The commissioner may hold a conservation
officer academy if necessary.
new text end

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

new text begin 3,000,000 new text end

new text begin 3,000,000 new text end

new text begin (a) $2,500,000 the first year and $2,500,000
the second year are available for legal costs.
Of these amounts, up to $1,700,000 may be
transferred to the Minnesota Pollution Control
Agency. This is a onetime appropriation and
is available until June 30, 2021.
new text end

new text begin (b) $500,000 the first year and $500,000 the
second year are for permitting efficiency and
updating rules to reflect guidelines, bulletins,
criterion, manual standards, interpretive
statements, or similar pronouncements used
in permits.
new text end

new text begin (c) The base for the general fund in fiscal year
2020 is $500,000.
new text end

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

new text begin 320,000 new text end

new text begin 320,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Natural Resources new text end	new text begin 320,000 new text end	new text begin 320,000 new text end

new text begin $320,000 the first year and $320,000 the
second year are from the natural resources
fund for grants to be divided equally between
the city of St. Paul for the Como Park Zoo and
Conservatory and the city of Duluth for the
Duluth Zoo. This appropriation is from the
revenue deposited to the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).
new text end

new text begin Subd. 10. new text end new text begin Cancellation new text end

new text begin The remaining amount of the general fund
appropriation in Laws 2016, chapter 189,
article 3, section 3, subdivision 3, for a grant
to the Koronis Lake Association, estimated to
be $167,000, is canceled on June 30, 2017.
new text end

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

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

new text begin $ new text end

new text begin 13,589,000 new text end

new text begin $ new text end

new text begin 13,589,000 new text end

new text begin (a) $3,423,000 the first year and $3,423,000
the second year are for natural resources block
grants to local governments. Grants must be
matched with a combination of local cash or
in-kind contributions. The base grant portion
related to water planning must be matched by
an amount as specified by Minnesota Statutes,
section 103B.3369. The board may reduce the
amount of the natural resources block grant
to a county by an amount equal to any
reduction in the county's general services
allocation to a soil and water conservation
district from the county's previous year
allocation when the board determines that the
reduction was disproportionate.
new text end

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

new text begin (c) $1,560,000 the first year and $1,560,000
the second year are for the following
cost-share programs:
new text end

new text begin (1) $260,000 each year is for feedlot
water-quality grants for feedlots under 300
animal units and nutrient and manure
management projects in watersheds where
there are impaired waters;
new text end

new text begin (2) $1,200,000 each year is for soil and water
conservation district cost-sharing contracts for
perennially vegetated riparian buffers, erosion
control, water retention and treatment, and
other high-priority conservation practices; and
new text end

new text begin (3) $100,000 each year is for county
cooperative weed management programs and
to restore native plants in selected invasive
species management sites.
new text end

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

new text begin (e) $166,000 the first year and $166,000 the
second year are to provide technical assistance
to local drainage management officials and
for the costs of the Drainage Work Group.
new text end

new text begin (f) $100,000 the first year and $100,000 the
second year are for a grant to the Red River
Basin Commission for water quality and
floodplain management, including
administration of programs. This appropriation
must be matched by nonstate funds. If the
appropriation in either year is insufficient, the
appropriation in the other year is available for
it.
new text end

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

new text begin (h) $125,000 the first year and $125,000 the
second year are for conservation easement
stewardship.
new text end

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

new text begin (j) The appropriations for grants in this section
are available until expended. If an
appropriation for grants in either year is
insufficient, the appropriation in the other year
is available for it.
new text end

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

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

new text begin $ new text end

new text begin 8,540,000 new text end

new text begin $ new text end

new text begin 8,540,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 2,870,000 new text end	new text begin 2,870,000 new text end
new text begin Natural Resources new text end	new text begin 5,670,000 new text end	new text begin 5,670,000 new text end

new text begin (a) $2,870,000 the first year and $2,870,000
the second year are for metropolitan area
regional parks operation and maintenance
according to Minnesota Statutes, section
473.351.
new text end

new text begin (b) $5,670,000 the first year and $5,670,000
the second year are from the natural resources
fund for metropolitan area regional parks and
trails maintenance and operations. This
appropriation is from the revenue deposited
in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e),
clause (3).
new text end

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

new text begin $ new text end

new text begin 945,000 new text end

new text begin $ new text end

new text begin 945,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 455,000 new text end	new text begin 455,000 new text end
new text begin Natural Resources new text end	new text begin 490,000 new text end	new text begin 490,000 new text end

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

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

new text begin $ new text end

new text begin 8,910,000 new text end

new text begin $ new text end

new text begin 8,910,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 8,750,000 new text end	new text begin 8,750,000 new text end
new text begin Natural Resources new text end	new text begin 160,000 new text end	new text begin 160,000 new text end

new text begin $160,000 the first year and $160,000 the
second year are from the natural resources
fund from the revenue deposited under
Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).
new text end

new text begin The base for the general fund in fiscal year
2020 and later is $10,006,000.
new text end

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

new text begin $ new text end

new text begin 1,079,000 new text end

new text begin $ new text end

new text begin 1,079,000 new text end

Sec. 9. new text begin ADMINISTRATION new text end

new text begin $ new text end

new text begin 800,000 new text end

new text begin $ new text end

new text begin 300,000 new text end

new text begin (a) $300,000 the first year and $300,000 the
second year are from the state forest suspense
account in the permanent school fund for the
school trust lands director. This appropriation
is to be used for securing long-term economic
return from the school trust lands consistent
with fiduciary responsibilities and sound
natural resources conservation and
management principles.
new text end

new text begin (b) $500,000 the first year is from the state
forest suspense account in the permanent
school fund for the school trust lands director
to initiate the private sale of surplus school
trust lands identified according to Minnesota
Statutes, section 92.82, paragraph (d),
including but not limited to valuation
expenses, legal fees, and transactional staff
costs. This is a onetime appropriation and is
available until June 30, 2019.
new text end

Sec. 10. new text begin EXPLORE MINNESOTA TOURISM new text end

new text begin $ new text end

new text begin 14,248,000 new text end

new text begin $ new text end

new text begin 14,248,000 new text end

new text begin (a) To develop maximum private sector
involvement in tourism, $500,000 the first
year and $500,000 the second year must be
matched by Explore Minnesota Tourism from
nonstate sources. Each $1 of state incentive
must be matched with $6 of private sector
funding. Cash match is defined as revenue to
the state or documented cash expenditures
directly expended to support Explore
Minnesota Tourism programs. Up to one-half
of the private sector contribution may be in
kind or soft match. The incentive in fiscal year
2018 is based on fiscal year 2017 private
sector contributions. The incentive in fiscal
year 2019 is based on fiscal year 2018 private
sector contributions. This incentive is ongoing.
new text end

new text begin (b) Funding for marketing grants is available
either year of the biennium. Unexpended grant
funds from the first year are available in the
second year.
new text end

new text begin (c) $100,000 each year is for a grant to the
Northern Lights International Music Festival.
new text end

Sec. 11.

Laws 2016, chapter 189, article 3, section 6, is amended to read:

Sec. 6. ADMINISTRATION

$

250,000

$

-0-

$250,000 the first year is from the state forest
suspense account in the permanent school fund
for the school trust lands director to initiate
real estate development projects on school
trust lands as determined by the school trust
lands director. This is a onetime appropriation new text begin
and is available until June 30, 2019 new text end .

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 2

ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES

Section 1.

new text begin [15.0541] NO NET GAIN; COUNTIES.
new text end

new text begin (a) A county located in whole or in part north of U.S. Highway 2 may file a no-net-gain
of state lands policy, adopted by the county board, with the commissioner of natural
resources. The policy must express the county's policy against the acquisition of additional
land by the state in the county.
new text end

new text begin (b) When a state agency acquires private land in a county that has filed a no-net-gain of
state lands policy under this section, the commissioner of natural resources, for lands acquired
by the commissioner, or the commissioner of administration, for lands acquired by another
state agency, must sell to a private individual or entity an equal or greater number of acres
of land in the county. The value of the land sold must be of at least substantially equal value
of the lands acquired. Notwithstanding section 94.10, subdivision 2, if lands being offered
for sale to comply with this section remain unsold after a public sale offering, the lands may
be sold for less than the appraised value. Land sold under this paragraph must not be sold
for less than 75 percent of the appraised value.
new text end

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

new text begin (1) "agency" has the meaning given under section 16B.01, subdivision 2, excluding the
Department of Transportation and including the Minnesota State Colleges and Universities;
and
new text end

new text begin (2) "substantially equal value" has the meaning given under section 94.343, subdivision
3, paragraph (b).
new text end

Sec. 2.

Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Legal counsel. new text end

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

Sec. 3.

Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read:

Subd. 14a.

Permitting efficiency new text begin ; public notice new text end .

(a) It is the goal of the state that
environmental and resource management permits be issued or denied within 90 days for
Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application.
The commissioner of natural resources shall establish management systems designed to
achieve the goal.

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

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

(d) deleted text begin Beginning July 1, 2011, deleted text end Within 30 business days of application for a permit subject
to paragraph (a), the commissioner of natural resources shall notify the deleted text begin project proposer deleted text end new text begin
permit applicant new text end , in writing, whether the application is complete or incomplete. If the
commissioner determines that an application is incomplete, the notice to the applicant must
enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
and advise the applicant on how the deficiencies can be remedied. If the commissioner
determines that the application is complete, the notice must confirm the application's Tier
1 or Tier 2 permit status new text begin and, upon request of the permit applicant of an individual Tier 2
permit, provide the permit applicant with a schedule for reviewing the permit application new text end .
This paragraph does not apply to an application for a permit that is subject to a grant or loan
agreement under chapter 446A.

new text begin (e) When public notice of a draft individual Tier 2 permit is required, the commissioner
must issue the notice with the draft permit within 150 days of receiving a completed permit
application unless the permit applicant and the commissioner mutually agree to a different
date. Upon request of the permit applicant, the commissioner must provide a copy of the
draft permit to the permit applicant and consider comments on the draft permit from the
permit applicant before issuing the public notice.
new text end

Sec. 4.

Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read:

Subd. 14b.

Expediting costs; reimbursement.

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

Sec. 5.

Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to
read:

new text begin Subd. 14c. new text end

new text begin Irrevocability, suspensions, or expiration of permits; environmental
review. new text end

new text begin (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to
appropriate money to the commissioner of natural resources for environmental review and
permitting activities of the Department of Natural Resources:
new text end

new text begin (1) a permit granted by the commissioner may not be terminated or suspended for the
term of the permit nor shall it expire without the consent of the permittee, except for breach
or nonperformance of any condition of the permit by the permittee that is an imminent threat
to impair or destroy the environment or injure the health, safety, or welfare of the citizens
of the state; and
new text end

new text begin (2) environmental review and permit application work on environmental review and
permits filed before July 1 of that year must not be suspended or terminated.
new text end

new text begin (b) Paragraph (a), clause (1), applies until legislation appropriating money to the
commissioner for the environmental review and permitting activities is enacted.
new text end

Sec. 6.

Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to
read:

new text begin Subd. 14d. new text end

new text begin Unadopted rules. new text end

new text begin The commissioner of natural resources must not seek to
implement in a permit or enforce a penalty based upon a department policy, guideline,
bulletin, criterion, manual standard, interpretive statement, or similar pronouncement if the
policy, guideline, bulletin, criterion, manual standard, interpretive standard, or pronouncement
has not been adopted under the rulemaking process under chapter 14. In any proceeding
under section 14.381, the commissioner has the burden of proving the action is not prohibited.
new text end

Sec. 7.

Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read:

Subd. 2.

Exemptions.

Registration is not required for off-highway motorcycles:

(1) owned and used by the United States, an Indian tribal government, the state, another
state, or a political subdivision;

(2) registered in another state or country that have not been within this state for more
than 30 consecutive days;

(3) registered under chapter 168, when operated on forest roads to gain access to a state
forest campground;

(4) used exclusively in organized track racing events;

(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident
off-highway motorcycle state trail pass; deleted text begin or
deleted text end

(6) operated by a person participating in an event for which the commissioner has issued
a special use permit deleted text begin . deleted text end new text begin ; or
new text end

new text begin (7) operated on boundary trails and registered in another state or country providing equal
reciprocal registration or licensing exemptions for registrants of this state.
new text end

Sec. 8.

Minnesota Statutes 2016, section 84.793, subdivision 1, is amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a) A person new text begin six years or older but
new text end less than 16 years of age operating an off-highway motorcycle on public lands or waters
must possess a valid off-highway motorcycle safety certificate issued by the commissioner.

(b) Except for operation on public road rights-of-way that is permitted under section
84.795, subdivision 1, a driver's license issued by the state or another state is required to
operate an off-highway motorcycle along or on a public road right-of-way.

(c) A person under 12 years of age may not:

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

(2) operate an off-highway motorcycle on a public road right-of-way in the state; or

(3) operate an off-highway motorcycle on public lands or waters unless accompanied
by a person 18 years of age or older or participating in an event for which the commissioner
has issued a special use permit.

(d) Except for public road rights-of-way of interstate highways, a person less than 16
years of age may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway only if that person is accompanied by a person 18 years of age
or older who holds a valid driver's license.

(e) A person less than 16 years of age may operate an off-highway motorcycle on public
road rights-of-way in accordance with section 84.795, subdivision 1, paragraph (a), only if
that person is accompanied by a person 18 years of age or older who holds a valid driver's
license.

(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may operate
an off-highway motorcycle on public lands or waters if the nonresident youth has in
possession evidence of completing an off-road safety course offered by the Motorcycle
Safety Foundation or another state as provided in section 84.791, subdivision 4.

Sec. 9.

Minnesota Statutes 2016, section 84.82, subdivision 2, is amended to read:

Subd. 2.

Application, issuance, issuing fee.

(a) Application for registration or
reregistration shall be made to the commissioner or an authorized deputy registrar of motor
vehicles in a format prescribed by the commissioner and shall state the legal name and
address of every owner of the snowmobile.

(b) A person who purchases a snowmobile from a retail dealer shall make application
for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
21-day registration permit to each purchaser who applies to the dealer for registration. The
temporary permit must contain the dealer's identification number and phone number. Each
retail dealer shall submit completed registration and fees to the deputy registrar at least once
a week. No fee may be charged by a dealer to a purchaser for providing the temporary
permit.

(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy
registrar shall issue to the applicant, or provide to the dealer, an assigned registration number
or a commissioner or deputy registrar temporary 21-day permit. Once issued, the registration
number must be affixed to the snowmobile in a clearly visible and permanent manner for
enforcement purposes as the commissioner of natural resources shall prescribe. A dealer
subject to paragraph (b) shall provide the registration materials or temporary permit to the
purchaser within the temporary 21-day permit period. The registration is not valid unless
signed by at least one owner.

(d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall also
be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the accounting and procedural
requirements necessary to assure efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with these accounting and procedural requirements.

(e) deleted text begin A fee of $2 deleted text end In addition to deleted text begin that otherwise deleted text end new text begin other fees new text end prescribed by law deleted text begin shall be charged
for deleted text end new text begin , an issuing fee of $4.50 is charged for each snowmobile registration renewal, duplicate
or replacement registration card, and replacement decal and an issuing fee of $7 is charged
for each snowmobile registration and registration transfer issued by new text end :

(1) deleted text begin each snowmobile registered by the deleted text end new text begin a new text end registrar or a deputy registrar and deleted text begin the additional
fee shall be disposed of deleted text end new text begin must be deposited new text end in the manner provided in section 168.33,
subdivision 2; or

(2) deleted text begin each snowmobile registered by deleted text end the commissioner and deleted text begin the additional fee shall deleted text end new text begin must new text end
be deposited in the state treasury and credited to the snowmobile trails and enforcement
account in the natural resources fund.

Sec. 10.

Minnesota Statutes 2016, section 84.925, subdivision 1, is amended to read:

Subdivision 1.

Program established.

(a) The commissioner shall establish a
comprehensive all-terrain vehicle environmental and safety education and training program,
including the preparation and dissemination of vehicle information and safety advice to the
public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle
safety certificates to vehicle operators over the age of 12 years who successfully complete
the all-terrain vehicle environmental and safety education and training course. new text begin A parent or
guardian must be present at the hands-on training portion of the program for youth who are
six through ten years of age.
new text end

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

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

Sec. 11.

Minnesota Statutes 2016, section 84.9256, subdivision 1, is amended to read:

Subdivision 1.

Prohibitions on youthful operators.

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

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

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

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

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

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

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

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

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

(e) A person at least deleted text begin 11 deleted text end new text begin six new text end years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
the certificate is not valid until the person reaches age 12.

(f) A person at least ten years of age but under 12 years of age may operate an all-terrain
vehicle with an engine capacity up to deleted text begin 90cc deleted text end new text begin 110cc if the vehicle is a class 1 all-terrain vehicle
with straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with
side-by-side-style seating new text end on public lands or waters if accompanied by a parent or legal
guardian.

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

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

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

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

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

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

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

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

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

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

Sec. 12.

Minnesota Statutes 2016, section 84.9256, subdivision 2, is amended to read:

Subd. 2.

Helmet and seat belts required.

(a) A person less than 18 years of age shall
not ride as a passenger or as an operator of an all-terrain vehicle on public land, public
waters, or on a public road right-of-way unless wearing a safety helmet approved by the
commissioner of public safety.

(b) A person less than 18 years of age shall not ride as a passenger or as an operator of
deleted text begin a class 2 deleted text end new text begin an new text end all-terrain vehicle without wearing a seat belt when provided by the manufacturer.

Sec. 13.

Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read:

Subd. 2.

Standards.

(a) An appropriation for asset preservation may be used only for a
capital expenditure on a capital asset previously owned by the state, within the meaning of
generally accepted accounting principles as applied to public expenditures. The commissioner
of natural resources will consult with the commissioner of management and budget to the
extent necessary to ensure this and will furnish the commissioner of management and budget
a list of projects to be financed from the account in order of their priority. The legislature
assumes that many projects for preservation and replacement of portions of existing capital
assets will constitute betterments and capital improvements within the meaning of the
Constitution and capital expenditures under generally accepted accounting principles, and
will be financed more efficiently and economically under this section than by direct
appropriations for specific projects.

(b) An appropriation for asset preservation must not be used to acquire land or to acquire
or construct buildings or other facilities.

(c) Capital budget expenditures for natural resource asset preservation and replacement
projects must be for one or more of the following types of capital projects that support the
existing programmatic mission of the department: code compliance including health and
safety, Americans with Disabilities Act requirements, hazardous material abatement, access
improvement, or air quality improvement; building energy efficiency improvements using
current best practices; building or infrastructure repairs necessary to preserve the interior
and exterior of existing buildings; new text begin projects to remove life safety hazards such as building
code violations or structural defects; new text end or renovation of other existing improvements to land,
including but not limited to trails and bridges.

(d) Up to ten percent of an appropriation awarded under this section may be used for
design costs for projects eligible to be funded from this account in anticipation of future
funding from the account.

Sec. 14.

Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Priorities; report. new text end

new text begin The commissioner of natural resources must establish
priorities for natural resource asset preservation and replacement projects. By January 15
each year, the commissioner must submit to the commissioner of management and budget
a list of the projects that have been paid for with money from a natural resource asset
preservation and replacement appropriation during the preceding calendar year.
new text end

Sec. 15.

Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read:

Subd. 3.

Training and mentoring.

The commissioner must develop and implement a
training program that adequately prepares Minnesota Naturalist Corps members for the
tasks assigned. Each corps member deleted text begin shall be deleted text end new text begin is new text end assigned deleted text begin a state park deleted text end new text begin an interpretive new text end naturalist
as a mentor.

Sec. 16.

Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read:

Subd. 4.

Uniform deleted text begin patch deleted text end new text begin pin new text end .

Uniforms worn by members of the Minnesota Naturalist
Corps must have a deleted text begin patch deleted text end new text begin pin new text end that includes the name of the Minnesota Naturalist Corps and
information that the program is funded by the clean water, land, and legacy amendment to
the Minnesota Constitution adopted by the voters in November 2008.

Sec. 17.

Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read:

Subd. 5.

Eligibility.

A person is eligible to enroll in the Minnesota Naturalist Corps if
the person:

(1) is a permanent resident of the state;

(2) is a participant in an approved college internship program deleted text begin or has a postsecondary
degree deleted text end in a new text begin field related to new text end natural deleted text begin resource deleted text end new text begin resources, cultural history, interpretation, new text end or
conservation deleted text begin related field deleted text end ; and

(3) has completed at least one year of postsecondary education.

Sec. 18.

Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read:

Subd. 6.

Corps member status.

Minnesota Naturalist Corps members are not eligible
for unemployment benefits deleted text begin if their services are excluded under section 268.035, subdivision
20, deleted text end and are not eligible for other benefits except workers' compensation. The corps members
are not employees of the state within the meaning of section 43A.02, subdivision 21.

Sec. 19.

Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read:

Subd. 3.

Bait harvest from infested waters.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This paragraph expires December 1, 2017.

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

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

Sec. 20.

Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read:

Subd. 4.

Commercial fishing and turtle, frog, and crayfish harvesting restrictions
in infested and noninfested waters.

(a) All nets, traps, buoys, anchors, stakes, and lines
used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that
is listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined
in section 17.4982, deleted text begin may not be used in any other waters. If a commercial licensee operates
in an infested water listed because it contains invasive fish, invertebrates, or certifiable
diseases, as defined in section 17.4982, all nets, traps, buoys, anchors, stakes, and lines used
for commercial fishing or turtle, frog, or crayfish harvesting in waters listed as infested with
invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, deleted text end must be
tagged with tags provided by the commissioner, as specified in the commercial licensee's
license or permit. new text begin Tagged gear must not be used in water bodies other than those specified
in the license or permit. The permit may authorize department staff to remove tags after the
gear is decontaminated. new text end This tagging requirement does not apply to commercial fishing
equipment used in Lake Superior.

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

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

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

Sec. 21.

Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read:

Subdivision 1.

Classes.

The commissioner shall, as provided in this chapter, classify
nonnative species of aquatic plants and wild animals new text begin , including subspecies, genotypes,
cultivars, hybrids, or genera of nonnative species, new text end according to the following categories:

(1) prohibited invasive species, which may not be possessed, imported, purchased, sold,
propagated, transported, or introduced except as provided in section 84D.05;

(2) regulated invasive species, which may not be introduced except as provided in section
84D.07;

(3) unlisted nonnative species, which are subject to the classification procedure in section
84D.06; and

(4) unregulated nonnative species, which are not subject to regulation under this chapter.

Sec. 22.

Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read:

Subdivision 1.

Prohibited activities.

A person may not possess, import, purchase, sell,
propagate, transport, or introduce a prohibited invasive species, except:

(1) under a permit issued by the commissioner under section 84D.11;

(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;

(3) under a restricted species permit issued under section 17.457;

(4) when being transported to the department, or another destination as the commissioner
may direct, in a sealed container for purposes of identifying the species or reporting the
presence of the species;

(5) when being transported for disposal as part of a harvest or control activity when
specifically authorized under a permit issued by the commissioner according to section
103G.615, when being transported for disposal as specified under a commercial fishing
license issued by the commissioner according to section 97A.418, 97C.801, 97C.811,
97C.825, 97C.831, or 97C.835, or when being transported as specified by the commissioner;

(6) when being removed from watercraft and equipment, or caught while angling, and
immediately returned to the water from which they came; deleted text begin or
deleted text end

new text begin (7) when being transported from riparian property to a legal disposal site that is at least
100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited
invasive species are in a covered commercial vehicle specifically designed and used for
hauling trash; or
new text end

deleted text begin (7) deleted text end new text begin (8) new text end as the commissioner may otherwise prescribe by rule.

Sec. 23.

Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read:

Subd. 2a.

Lake Minnetonka pilot study.

(a) The commissioner may issue an additional
permit to service providers to return to Lake Minnetonka water-related equipment with
zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired.
The permit must include verification and documentation requirements and any other
conditions the commissioner deems necessary.

(b) Water-related equipment with zebra mussels attached may be returned only to Lake
Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted
under subdivision 1.

(c) The service provider's place of business must be within the Lake Minnetonka
Conservation District as established according to sections 103B.601 to 103B.645 new text begin or within
a municipality immediately bordering the Lake Minnetonka Conservation District's
boundaries new text end .

(d) A service provider applying for a permit under this subdivision must, if approved
for a permit and before the permit is valid, furnish a corporate surety bond in favor of the
state for $50,000 payable upon violation of this chapter new text begin while the service provider is acting
under a permit issued according to this subdivision new text end .

(e) This subdivision expires December 1, deleted text begin 2018 deleted text end new text begin 2019 new text end .

Sec. 24.

Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Gull Lake pilot study. new text end

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

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

new text begin (c) This subdivision expires December 1, 2019.
new text end

Sec. 25.

Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Permit for invasive carp. new text end

new text begin The commissioner may issue a permit to
departmental divisions for tagging bighead, black, grass, or silver carp for research or
control. Under the permit, the carp may be released into the water body from which the carp
was captured. This subdivision expires December 31, 2021.
new text end

Sec. 26.

new text begin [85.0507] FORT RIDGELY GOLF COURSE; GOLF CARTS.
new text end

new text begin Golf carts may be operated on the golf course portion of Fort Ridgely State Park when
the golf course is operated by a nonstate entity.
new text end

Sec. 27.

Minnesota Statutes 2016, section 85.052, subdivision 1, is amended to read:

Subdivision 1.

Authority to establish.

(a) The commissioner may establish, by written
order, provisions for the use of state parks for the following:

(1) special parking space for automobiles or other motor-driven vehicles in a state park
or state recreation area;

(2) special parking spurs, campgrounds for automobiles, sites for tent camping, new text begin other
types of lodging, camping, or day use facilities, new text end and special auto trailer coach parking spaces,
for the use of the individual charged for the space new text begin or facility new text end ;

(3) improvement and maintenance of golf courses already established in state parks, and
charging reasonable use fees; and

(4) providing water, sewer, and electric service to trailer or tent campsites and charging
a reasonable use fee.

(b) Provisions established under paragraph (a) are exempt from section 16A.1283 and
the rulemaking provisions of chapter 14. Section 14.386 does not apply.

new text begin (c) For the purposes of this subdivision, "lodging" means an enclosed shelter, room, or
building with furnishings for overnight use.
new text end

Sec. 28.

Minnesota Statutes 2016, section 85.054, is amended by adding a subdivision to
read:

new text begin Subd. 19. new text end

new text begin Fort Ridgely golf course. new text end

new text begin A state park permit is not required and a fee may
not be charged for motor vehicle entry or parking for persons using only the golf course
portion of Fort Ridgely State Park when the golf course is operated by a nonstate entity.
new text end

Sec. 29.

Minnesota Statutes 2016, section 85.055, subdivision 1, is amended to read:

Subdivision 1.

Fees.

The fee for state park permits for:

(1) an annual use of state parks is deleted text begin $25 deleted text end new text begin $35 new text end ;

(2) a second or subsequent vehicle state park permit is deleted text begin $18 deleted text end new text begin $26 new text end ;

(3) a state park permit valid for one day is deleted text begin $5 deleted text end new text begin $7 new text end ;

(4) a daily vehicle state park permit for groups is deleted text begin $3 deleted text end new text begin $5 new text end ;

(5) an annual permit for motorcycles is deleted text begin $20 deleted text end new text begin $30 new text end ;

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

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

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

Sec. 30.

Minnesota Statutes 2016, section 85.22, subdivision 2a, is amended to read:

Subd. 2a.

Receipts, appropriation.

All receipts derived from the rental or sale of state
park items, tours deleted text begin at Forestville Mystery Cave State Park deleted text end , new text begin interpretation programs, educational
programs, new text end and operation of Douglas Lodge shall be deposited in the state treasury and be
credited to the state parks working capital account. Receipts and expenses from Douglas
Lodge shall be tracked separately within the account. Money in the account is annually
appropriated for the purchase and payment of expenses attributable to items for resale or
rental and operation of Douglas Lodge. Any excess receipts in this account are annually
appropriated for state park management and interpretive programs.

Sec. 31.

Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Areas marked deleted text end new text begin Designation new text end .

new text begin (a) new text end The commissioner of natural resources
is authorized in cooperation with local units of government and private individuals and
groups when feasible to deleted text begin mark deleted text end new text begin designate and manage new text end state water trails on new text begin the Lake Superior
water trail under section 85.0155 and on new text end the new text begin following rivers, which have historic,
recreational, and scenic values: new text end Little Fork, Big Fork, Minnesota, St. Croix, Snake,
Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum,
Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan,
Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in
Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood, Blue
Earth, Cedar, Shell Rock, deleted text begin and deleted text end new text begin Vermilion in St. Louis County, North Fork of the Crow, and
South Fork of the new text end Crow deleted text begin Rivers, which have historic and scenic values, and to mark
appropriately deleted text end new text begin . The commissioner may map and sign new text end points of interest, new text begin public water access
sites, new text end portages, camp sites, and deleted text begin all deleted text end dams, rapids, waterfalls, deleted text begin whirlpools, deleted text end and other serious
hazards that are dangerous to canoe, kayak, and watercraft travelers. new text begin The commissioner
may maintain passageway for watercraft on state water trails.
new text end

new text begin (b) The commissioner must establish designation criteria and a process for designating
water trails. The designation criteria and process established under this paragraph apply to
water trails designated on water bodies added to paragraph (a) after the effective date of
this act.
new text end

Sec. 32.

new text begin [85.47] SPECIAL USE PERMITS; FEES.
new text end

new text begin Fees collected for special use permits to use state trails not on state forest, state park, or
state recreation area lands and for use of state water access sites must be deposited in the
natural resources fund.
new text end

Sec. 33.

Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

(a) In addition to requirements of other laws
relating to watercraft, a person may not operate or permit the operation of a personal
watercraft:

(1) without each person on board the personal watercraft wearing a deleted text begin United States Coast
Guard (USCG) approved deleted text end wearable personal flotation device deleted text begin with a deleted text end new text begin that is approved by the
United States Coast Guard (USCG) and has a new text end USCG label indicating deleted text begin it deleted text end new text begin the flotation device new text end
either is approved for or does not prohibit use with personal watercraft deleted text begin or water skiing deleted text end ;

(2) between one hour before sunset and 9:30 a.m.;

(3) at greater than slow-no wake speed within 150 feet of:

(i) a shoreline;

(ii) a dock;

(iii) a swimmer;

(iv) a raft used for swimming or diving; or

(v) a moored, anchored, or nonmotorized watercraft;

(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other
device unless:

(i) an observer is on board; or

(ii) the personal watercraft is equipped with factory-installed or factory-specified
accessory mirrors that give the operator a wide field of vision to the rear;

(5) without the lanyard-type engine cutoff switch being attached to the person, clothing,
or personal flotation device of the operator, if the personal watercraft is equipped by the
manufacturer with such a device;

(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or
tampered with so as to interfere with the return-to-idle system;

(7) to chase or harass wildlife;

(8) through emergent or floating vegetation at other than a slow-no wake speed;

(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property,
including weaving through congested watercraft traffic, jumping the wake of another
watercraft within 150 feet of the other watercraft, or operating the watercraft while facing
backwards;

(10) in any other manner that is not reasonable and prudent; or

(11) without a personal watercraft rules decal, issued by the commissioner, attached to
the personal watercraft so as to be in full view of the operator.

(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft
to launch or land a person on water skis, a kneeboard, or similar device by the most direct
route to open water.

Sec. 34.

Minnesota Statutes 2016, section 86B.511, is amended to read:

86B.511 LIGHTS.

new text begin Subdivision 1. new text end

new text begin Navigation lights. new text end

Except as provided in section 169.541, a watercraft
using the waters of this state, when underway or in use between sunset and sunrise, must
carry and display the new text begin navigation new text end lights prescribed by the commissioner for the watercraft.

new text begin Subd. 2. new text end

new text begin Other lights. new text end

new text begin (a) No person may operate a watercraft with lights that are not
navigation lights required under subdivision 1, that are visible on the exterior of the
watercraft, and that:
new text end

new text begin (1) interfere with the visibility of navigation lights; or
new text end

new text begin (2) are red, green, or blue.
new text end

new text begin (b) Notwithstanding paragraph (a), watercraft operated for government-sanctioned public
safety activities may display an alternately flashing red and yellow light signal for
identification. The lights must not interfere with the visibility of the navigation lights. No
special privilege is granted. Operators must not presume that the light or exigency gives
them precedence or right-of-way.
new text end

new text begin (c) Notwithstanding paragraph (a), law enforcement may operate watercraft with lights
that are flashing blue when engaged in law enforcement activities. The lights must not
interfere with the visibility of the navigation lights.
new text end

Sec. 35.

Minnesota Statutes 2016, section 86B.701, subdivision 3, is amended to read:

Subd. 3.

Allocation of funding.

(a) new text begin Notwithstanding section 16A.41, expenditures
directly related to each appropriation's purpose made on or after January 1 of the fiscal year
in which the grant is made or the date of work plan approval, whichever is later, are eligible
for reimbursement unless otherwise provided.
new text end

new text begin (b) new text end The amount of funds to be allocated under subdivisions 1 and 2 and shall be
determined by the commissioner on the basis of the following criteria:

(1) the number of watercraft using the waters wholly or partially within the county;

(2) the number of watercraft using particular bodies of water, wholly or partially within
the county, in relation to the size of the body of water and the type, speed, and size of the
watercraft utilizing the water body;

(3) the amount of water acreage wholly or partially within the county;

(4) the overall performance of the county in the area of boat and water safety;

(5) special considerations, such as volume of transient or nonresident watercraft use,
number of rental watercraft, extremely large bodies of water wholly or partially in the
county; or

(6) any other factor as determined by the commissioner.

deleted text begin (b) deleted text end new text begin (c) new text end The commissioner may require reports from the counties, make appropriate
surveys or studies, or utilize local surveys or studies to determine the criteria required in
allocation funds.

Sec. 36.

Minnesota Statutes 2016, section 88.01, subdivision 28, is amended to read:

Subd. 28.

Prescribed burn.

"Prescribed burn" means a fire that is intentionally ignited,
managed, and controlled new text begin for the purpose of managing forests, prairies, or wildlife habitats
new text end by an entity meeting certification requirements established by the commissioner deleted text begin for the
purpose of managing vegetation deleted text end . A prescribed burn that has exceeded its prescribed
boundaries and requires new text begin immediate new text end suppression action new text begin by a local fire department or other
agency with wildfire suppression responsibilities new text end is considered a wildfire.

Sec. 37.

Minnesota Statutes 2016, section 88.523, is amended to read:

88.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.

Upon application of the owner, any auxiliary forest contract may be made subject to any
provisions of law enacted subsequent to the execution of the contract and in force at the
time of application, so far as not already applicable, with the approval of the county board
and the commissioner of natural resources. A supplemental agreement in a deleted text begin form deleted text end new text begin format new text end
prescribed by the commissioner deleted text begin and approved by the attorney general deleted text end must be executed by
the commissioner in behalf of the state and by the owner. The supplemental agreement must
be filed and recorded in like manner as the supplemental contract under section 88.49,
subdivision 9, and takes effect upon filing and recording.

Sec. 38.

Minnesota Statutes 2016, section 89.39, is amended to read:

89.39 PURCHASE AGREEMENTS AND PENALTIES.

Every individual, partnership, or private corporation to whom any planting stock is
supplied for planting on private land deleted text begin hereunder shall deleted text end new text begin under sections 89.35 to 89.39 must new text end
execute an agreement, deleted text begin upon a form deleted text end new text begin in a format new text end approved by the deleted text begin attorney general deleted text end new text begin
commissioner new text end , to comply with deleted text begin all deleted text end the requirements of sections 89.35 to 89.39 and deleted text begin all deleted text end
conditions prescribed by the commissioner deleted text begin hereunder deleted text end new text begin thereunder new text end . Any party to such an
agreement who deleted text begin shall violate any provision thereof shall, deleted text end new text begin violates the agreement is, new text end in addition
to any other penalties that may be applicable, deleted text begin be deleted text end liable to the state in a sum equal to three
times the reasonable value of the trees affected by the violation at the time the deleted text begin same deleted text end new text begin trees new text end
were shipped for planting; provided, that if deleted text begin such deleted text end new text begin the new text end trees are sold or offered for sale for
any purpose not deleted text begin herein deleted text end authorized deleted text begin , such deleted text end new text begin under sections 89.35 to 89.39, the new text end penalty deleted text begin shall be deleted text end new text begin
is new text end equal to three times the sale price. deleted text begin Such deleted text end new text begin The new text end penalties deleted text begin shall be deleted text end new text begin are new text end recoverable in a civil
action brought in the name of the state by the attorney general.

Sec. 39.

Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Affiliate. new text end

new text begin "Affiliate" means a person that:
new text end

new text begin (1) controls, is controlled by, or is under common control with any other person including,
without limitation, a partner, business entity with common ownership, or principal of any
business entity or a subsidiary, parent company, or holding company of any person; or
new text end

new text begin (2) bids as a representative for another person.
new text end

Sec. 40.

Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read:

Subd. 8.

Permit holder.

"Permit holder" means the person new text begin or affiliate of the person new text end who
is the signatory of a permit to cut timber on state lands.

Sec. 41.

Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read:

Subd. 12.

Responsible bidder.

"Responsible bidder" means a person new text begin or affiliate of a
person new text end who is financially responsible; demonstrates the judgment, skill, ability, capacity,
and integrity requisite and necessary to perform according to the terms of a permit issued
under this chapter; and is not currently debarred by deleted text begin another deleted text end new text begin a new text end government entity for any
cause.

Sec. 42.

Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read:

Subd. 2.

Trespass on state lands.

The commissioner may compromise and settle deleted text begin , with
notification to the attorney general deleted text end , upon terms the commissioner deems just, any claim of
the state for casual and involuntary trespass upon state lands or timber; provided that no
claim shall be settled for less than the full value of all timber or other materials taken in
casual trespass or the full amount of all actual damage or loss suffered by the state as a
result. Upon request, the commissioner shall advise the Executive Council of any information
acquired by the commissioner concerning any trespass on state lands, giving all details and
names of witnesses and all compromises and settlements made under this subdivision.

Sec. 43.

Minnesota Statutes 2016, section 90.051, is amended to read:

90.051 SUPERVISION OF SALES; BOND.

The department employee delegated to supervise state timber appraisals and sales shall
be bonded in a form to be prescribed by the deleted text begin attorney general deleted text end new text begin commissioner new text end and in the sum
of not less than $25,000, conditioned upon the faithful and honest performance of duties.

Sec. 44.

Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read:

Subd. 2.

Sale list and notice.

At least 30 days before the date of sale, the commissioner
shall compile a list containing a description of each tract of land upon which any timber to
be offered is situated and a statement of the estimated quantity of timber and of the appraised
price of each kind of timber thereon as shown by the report of the state appraiser. No
description shall be added after the list is posted and no timber shall be sold from land not
described in the list. Copies of the list deleted text begin shall deleted text end new text begin must new text end be furnished to all interested applicants.
new text begin At least 30 days before the date of sale, new text end a copy of the list deleted text begin shall deleted text end new text begin must new text end be new text begin posted on the Internet
or new text end conspicuously posted in the forest office or other public facility most accessible to potential
bidders deleted text begin at least 30 days prior to the date of sale deleted text end . deleted text begin The commissioner shall cause a notice to
be published once not less than one week before the date of sale in a legal newspaper in the
county or counties where the land is situated. The notice shall state the time and place of
the sale and the location at which further information regarding the sale may be obtained. deleted text end
The commissioner may give other published or posted notice as the commissioner deems
proper to reach prospective bidders.

Sec. 45.

Minnesota Statutes 2016, section 90.14, is amended to read:

90.14 AUCTION SALE PROCEDURE.

(a) All state timber shall be offered and sold by the same unit of measurement as it was
appraised. No tract shall be sold to any person other than the deleted text begin purchaser deleted text end new text begin responsible bidder new text end
in whose name the bid was made. The commissioner may refuse to approve any and all bids
received and cancel a sale of state timber for good and sufficient reasons.

(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid,
or, if unsold at public auction, at the time of purchase at a subsequent sale under section
90.101, subdivision 1, pay to the commissioner a down payment of 15 percent of the
appraised value. In case any purchaser fails to make such payment, the purchaser shall be
liable therefor to the state in a civil action, and the commissioner may reoffer the timber
for sale as though no bid or sale under section 90.101, subdivision 1, therefor had been
made.

(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state
timber may, at the time of payment by the purchaser to the commissioner of 15 percent of
the appraised value, elect in deleted text begin writing on deleted text end a deleted text begin form deleted text end new text begin format new text end prescribed by the deleted text begin attorney general deleted text end new text begin
commissioner new text end to purchase a permit based solely on the appraiser's estimate of the volume
of timber described in the permit, provided that the commissioner has expressly designated
the availability of such option for that tract on the list of tracts available for sale as required
under section 90.101. A purchaser who elects in deleted text begin writing on deleted text end a deleted text begin form deleted text end new text begin format new text end prescribed by the
deleted text begin attorney general deleted text end new text begin commissioner new text end to purchase a permit based solely on the appraiser's estimate
of the volume of timber described on the permit does not have recourse to the provisions
of section 90.281.

(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be
awarded to the high bidder, who shall pay to the commissioner a down payment of 15
percent of the appraised value that must be received or postmarked within 14 days of the
date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser
is liable for the down payment to the state and the commissioner may offer the timber for
sale to the next highest bidder as though no higher bid had been made.

(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued
under section 90.151, the commissioner shall require the purchaser to make a bid guarantee
payment to the commissioner in an amount equal to 15 percent of the total purchase price
of the permit less the down payment amount required by paragraph (b) for any bid increase
in excess of $10,000 of the appraised value. If a required bid guarantee payment is not
submitted with the signed permit, no harvesting may occur, the permit cancels, and the
down payment for timber forfeits to the state. The bid guarantee payment forfeits to the
state if the purchaser and successors in interest fail to execute an effective permit.

Sec. 46.

Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read:

Subd. 2.

Purchaser registration.

To facilitate the sale of permits issued under section
90.151, the commissioner may establish a registration system to verify the qualifications
of a person new text begin or affiliate new text end as a responsible bidder to purchase a timber permit. Any system
implemented by the commissioner shall be limited in scope to only that information that is
required for the efficient administration of the purchaser qualification requirements of this
chapter. The registration system established under this subdivision is not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.

Sec. 47.

Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read:

Subdivision 1.

Issuance; expiration.

(a) Following receipt of the down payment for
state timber required under section 90.14 or 90.191, the commissioner shall issue a numbered
permit to the purchaser, in a deleted text begin form deleted text end new text begin format new text end approved by the deleted text begin attorney general deleted text end new text begin commissioner new text end ,
by the terms of which the purchaser deleted text begin shall be deleted text end new text begin is new text end authorized to enter upon the land deleted text begin , deleted text end and to cut
and remove the timber deleted text begin therein deleted text end described new text begin in the permit new text end as designated for cutting in the report
of the state appraiser, according to the provisions of this chapter. The permit deleted text begin shall deleted text end new text begin must new text end be
correctly dated and executed by the commissioner and signed by the purchaser. If a permit
is not signed by the purchaser within 45 days from the date of purchase, the permit cancels
and the down payment for timber required under section 90.14 forfeits to the state. The
commissioner may grant an additional period for the purchaser to sign the permit, not to
exceed ten business days, provided the purchaser pays a $200 penalty fee.

(b) The permit deleted text begin shall expire deleted text end new text begin expires new text end no later than five years after the date of sale as the
commissioner shall specify or as specified under section 90.191, and the timber deleted text begin shall deleted text end new text begin must new text end
be cut and removed within the time specified deleted text begin therein deleted text end . If additional time is needed, the permit
holder must request, deleted text begin prior to deleted text end new text begin before new text end the expiration date, and may be granted, for good and
sufficient reasons, up to 90 additional days for the completion of skidding, hauling, and
removing all equipment and buildings. All cut timber, equipment, and buildings not removed
from the land after expiration of the permit becomes the property of the state.

(c) The commissioner may grant deleted text begin an deleted text end additional deleted text begin period of deleted text end time not to exceed 240 days
for deleted text begin the removal of deleted text end new text begin removing new text end cut timber, equipment, and buildings upon receipt of a written
request by the permit holder for good and sufficient reasons. The permit holder may combine
in the written request under this paragraph the request for additional time under paragraph
(b).

Sec. 48.

Minnesota Statutes 2016, section 90.162, is amended to read:

90.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.

In lieu of the security deposit equal to the value of all timber covered by the permit
required by section 90.161, a purchaser of state timber may elect in deleted text begin writing on deleted text end a deleted text begin form deleted text end new text begin format new text end
prescribed by the deleted text begin attorney general deleted text end new text begin commissioner new text end to give good and valid surety to the state
of Minnesota equal to the purchase price for any designated cutting block identified on the
permit before the date the purchaser enters upon the land to begin harvesting the timber on
the designated cutting block.

Sec. 49.

Minnesota Statutes 2016, section 90.252, is amended to read:

90.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES;
FEES.

Subdivision 1.

Scaling agreement.

The commissioner may enter into an agreement with
either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling
of the cut timber and the collection of the payment for the same can be consummated by
the state. deleted text begin Such an deleted text end new text begin The new text end agreement deleted text begin shall deleted text end new text begin must new text end be approved as to form and content by the
deleted text begin attorney general deleted text end new text begin commissioner new text end and deleted text begin shall deleted text end new text begin must new text end provide for a bond or cash in lieu of a bond
and deleted text begin such deleted text end other safeguards as are necessary to protect the interests of the state. The scaling
and payment collection procedure may be used for any state timber sale, except that no
permittee who is also the consumer shall both cut and scale the timber sold unless deleted text begin such deleted text end new text begin the new text end
scaling is supervised by a state scaler.

Subd. 2.

Weight measurement services; fees.

The commissioner may enter into an
agreement with the owner or operator of any weight scale inspected, tested, and approved
under chapter 239 to provide weight measurements for deleted text begin the deleted text end scaling deleted text begin of deleted text end state timber according
to section 90.251. The agreement deleted text begin shall deleted text end new text begin must new text end be deleted text begin on a form deleted text end new text begin in a format new text end prescribed by the
deleted text begin attorney general deleted text end new text begin commissioner new text end , deleted text begin shall become a deleted text end new text begin becomes new text end part of the official record of any
state timber permit so scaled, and deleted text begin shall deleted text end new text begin must new text end contain safeguards that are necessary to protect
the interests of the state. Except as otherwise provided by the commissioner, the cost of any
agreement to provide weight measurement of state timber deleted text begin shall deleted text end new text begin must new text end be paid by the permit
holder of any state timber permit so measured and the cost deleted text begin shall deleted text end new text begin must new text end be included in the
statement of the amount due for the permit under section 90.181, subdivision 1.

Sec. 50.

Minnesota Statutes 2016, section 93.47, subdivision 4, is amended to read:

Subd. 4.

Administration and enforcement.

The commissioner shall administer and
enforce sections 93.44 to 93.51 and the rules adopted pursuant hereto. In so doing the
commissioner may (1) conduct such investigations and inspections as the commissioner
deems necessary for the proper administration of sections 93.44 to 93.51; (2) enter upon
any parts of the mining areas in connection with any such investigation and inspection
without liability to the operator or landowner provided that reasonable prior notice of
intention to do so shall have been given the operator or landowner; (3) conduct such research
or enter into contracts related to mining areas and the reclamation thereof as may be necessary
to carry out the provisions of sections 93.46 to 93.50 new text begin ; and (4) allocate surplus wetland credits
that are approved by the commissioner under a permit to mine on or after July 1, 1991, and
that are not otherwise deposited in a state wetland bank new text end .

Sec. 51.

Minnesota Statutes 2016, section 93.481, subdivision 2, is amended to read:

Subd. 2.

Commissioner's review; hearing deleted text begin ; burden of proof deleted text end .

Within 120 days after
receiving deleted text begin the deleted text end new text begin an new text end application deleted text begin , or after receiving additional information requested, or after
holding a hearing as provided in this section deleted text end new text begin the commissioner has deemed complete and
filed new text end , the commissioner shall grant the permit applied for, with or without modifications or
conditions, or deny the application new text begin unless a contested case hearing is requested under section
93.483 new text end . deleted text begin If written objections to the proposed application are filed with the commissioner
within 30 days after the last publication required pursuant to this section or within seven
days after publication in the case of an application to conduct lean ore stockpile removal,
by any person owning property which will be affected by the proposed operation or by any
federal, state, or local governmental agency having responsibilities affected by the proposed
operations, a public hearing shall be held by the commissioner in the locality of the proposed
operations within 30 days of receipt of such written objections and after appropriate notice
and publication of the date, time, and location of the hearing. deleted text end new text begin The commissioner's decision
to grant the permit, with or without modifications, or deny the application constitutes a final
order for purposes of section 93.50. new text end The commissioner new text begin in granting a permit with or without
modifications new text end shall determine that the reclamation or restoration planned for the operation
complies with lawful requirements and can be accomplished under available technology
and that a proposed reclamation or restoration technique is practical and workable under
available technology. new text begin The commissioner may hold public meetings on the application.
new text end

Sec. 52.

new text begin [93.483] CONTESTED CASE.
new text end

new text begin Subdivision 1. new text end

new text begin Petition for contested case hearing. new text end

new text begin Any person owning property that
is adjacent to the proposed operation or any federal, state, or local government having
responsibilities affected by the proposed operation identified in the application for a permit
to mine under section 93.481 may file a petition with the commissioner to hold a contested
case hearing on the completed application. To be considered by the commissioner, a petition
must be submitted in writing, must contain the information specified in subdivision 2, and
must be submitted to the commissioner within 30 days after the application is deemed
complete and filed. In addition, the commissioner may, on the commissioner's own motion,
order a contested case hearing on the completed application.
new text end

new text begin Subd. 2. new text end

new text begin Petition contents. new text end

new text begin (a) A petition for a contested case hearing must include the
following information:
new text end

new text begin (1) a statement of reasons or proposed findings supporting the commissioner's decision
to hold a contested case hearing pursuant to the criteria in subdivision 3; and
new text end

new text begin (2) a statement of the issues proposed to be addressed by a contested case hearing and
the specific relief requested or resolution of the matter.
new text end

new text begin (b) To the extent known by the petitioner, a petition for a contested case hearing may
also include:
new text end

new text begin (1) a proposed list of prospective witnesses to be called, including experts, with a brief
description of the proposed testimony or a summary of evidence to be presented at a contested
case hearing;
new text end

new text begin (2) a proposed list of publications, references, or studies to be introduced and relied
upon at a contested case hearing; and
new text end

new text begin (3) an estimate of time required for the petitioner to present the matter at a contested
case hearing.
new text end

new text begin (c) A petitioner is not bound or limited to the witnesses, materials, or estimated time
identified in the petition if the requested contested case is granted by the commissioner.
new text end

new text begin (d) Any person may serve timely responses to a petition for a contested case hearing.
The commissioner shall establish deadlines for responses to be submitted.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner's decision to hold hearing. new text end

new text begin The commissioner may grant the
petition to hold a contested case hearing or order upon the commissioner's own motion that
a contested case hearing be held if the commissioner finds that:
new text end

new text begin (1) there is a material issue of fact in dispute concerning the completed application before
the commissioner;
new text end

new text begin (2) the commissioner has jurisdiction to make a determination on the disputed material
issue of fact; and
new text end

new text begin (3) there is a reasonable basis underlying a disputed material issue of fact so that a
contested case hearing would allow the introduction of information that would aid the
commissioner in resolving the disputed facts in order to make a final decision on the
completed application.
new text end

new text begin Subd. 4. new text end

new text begin Hearing upon demand of applicant. new text end

new text begin If the commissioner denies an application,
the applicant may, within 30 days after receipt of the commissioner's order denying the
application, file a demand for a contested case.
new text end

new text begin Subd. 5. new text end

new text begin Scope of hearing. new text end

new text begin If the commissioner decides to hold a contested case hearing,
the commissioner shall identify the issues to be resolved and limit the scope and conduct
of the hearing in accordance with applicable law, due process, and fundamental fairness.
The commissioner may, before granting or ordering a contested case hearing, develop a
proposed permit or permit conditions to inform the contested case. The contested case
hearing must be conducted in accordance with sections 14.57 to 14.62. The final decision
by the commissioner to grant, with or without modifications or conditions, or deny the
application after a contested case shall constitute a final order for purposes of section 93.50.
new text end

new text begin Subd. 6. new text end

new text begin Consistency with administrative rules. new text end

new text begin The commissioner shall construe the
administrative procedures under Minnesota Rules, parts 6130.4800 and 6132.4000, in a
manner that is consistent with this section. To the extent any provision of Minnesota Rules,
parts 6130.4800 and 6132.4000, conflicts with this section, this section controls.
new text end

Sec. 53.

Minnesota Statutes 2016, section 93.50, is amended to read:

93.50 APPEAL.

Any person aggrieved by any new text begin final new text end order, ruling, or decision of the commissioner may
deleted text begin appeal deleted text end new text begin seek judicial review of new text end such order, ruling, or decision deleted text begin in the manner provided in
chapter 14 deleted text end new text begin under sections 14.63 to 14.69 new text end .

Sec. 54.

Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read:

Subd. 9.

Approval by deleted text begin attorney general deleted text end new text begin commissioner new text end .

No exchange of class A land
shall be consummated unless the deleted text begin attorney general shall have given an opinion in writing deleted text end new text begin
commissioner determines new text end that the title to the land proposed to be conveyed to the state is
good and deleted text begin marketable, deleted text end free from all liens deleted text begin and deleted text end new text begin , with all new text end encumbrances new text begin identified new text end except
reservations herein authorized. new text begin The commissioner may use title insurance to aid in the title
determination. new text end If required by the deleted text begin attorney general deleted text end new text begin commissioner new text end , the landowner deleted text begin shall deleted text end new text begin must new text end
submit an abstract of title and make and file with the commissioner an affidavit as to
possession of the land, improvements, liens, and encumbrances thereon, and other matters
affecting the title.

Sec. 55.

Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read:

Subd. 9.

Approval of county attorney.

No exchange of class B land shall be
consummated unless the title to the land proposed to be exchanged therefor deleted text begin shall deleted text end new text begin is new text end first deleted text begin be deleted text end
approved by the county attorney in like manner as provided for approval by the deleted text begin attorney
general deleted text end new text begin commissioner new text end in case of class A land. The county attorney's opinion on the title
deleted text begin shall be deleted text end new text begin is new text end subject to approval by the deleted text begin attorney general deleted text end new text begin commissioner new text end .

Sec. 56.

Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read:

Subd. 39.

Protected wild animals.

"Protected wild animals" deleted text begin are the following wild
animals: deleted text end new text begin means new text end big game, small game, game fish, rough fish, minnows, leeches, alewives,
ciscoes, chubs, deleted text begin and deleted text end lake whitefish deleted text begin , deleted text end and the subfamily Coregoninae, rainbow smelt, frogs,
turtles, clams, mussels, wolf, mourning doves, new text begin bats, snakes, salamanders, lizards, any animal
species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter
6134, new text end and wild animals that are protected by a restriction in the time or manner of taking,
other than a restriction in the use of artificial lights, poison, or motor vehicles.

Sec. 57.

Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read:

Subd. 43.

Rough fish.

"Rough fish" means carp, buffalo, sucker, sheepshead, bowfin,
burbot, cisco, gar, goldeye, and bullhead new text begin , except for any fish species listed as endangered,
threatened, or of special concern in Minnesota Rules, chapter 6134 new text end .

Sec. 58.

Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read:

Subd. 45.

Small game.

"Small game" means game birds, gray squirrel, fox squirrel,
cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, new text begin short-tailed weasel,
long-tailed weasel, new text end wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar,
wolverine, muskrat, mink, otter, and beaver.

Sec. 59.

Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read:

Subd. 52.

Unprotected birds.

"Unprotected birds" means English sparrow, deleted text begin blackbird, deleted text end
starling, deleted text begin magpie, deleted text end cormorant, common pigeon, Eurasian collared dove, chukar partridge,
quail other than bobwhite quail, and mute swan.

Sec. 60.

Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read:

Subd. 53.

Unprotected wild animals.

"Unprotected wild animals" means wild animals
that are not protected wild animals including deleted text begin weasel, deleted text end coyote, new text begin plains pocket new text end gopher, porcupine,
striped skunk, and unprotected birds new text begin , except any animal species listed as endangered,
threatened, or of special concern in Minnesota Rules, chapter 6134 new text end .

Sec. 61.

Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read:

Subd. 10.

Reciprocal agreements on violations.

The commissioner deleted text begin , with the approval
of the attorney general, deleted text end may enter into reciprocal agreements with game and fish authorities
in other states and the United States government to provide for:

(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents
for violations of game and fish laws committed in signatory jurisdictions deleted text begin which deleted text end new text begin that new text end result
in license revocation in that jurisdiction;

(2) reporting convictions and license revocations of residents of signatory states for
violations of game and fish laws of Minnesota to game and fish authorities in the
nonresident's state of residence; and

(3) release upon signature without posting of bail for residents of signatory states accused
of game and fish law violations in this state, providing for recovery, in the resident
jurisdiction, of fines levied if the citation is not answered in this state.

As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail.

Sec. 62.

Minnesota Statutes 2016, section 97A.075, subdivision 1, is amended to read:

Subdivision 1.

Deer, bear, and lifetime licenses.

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

(b) $2 from each annual deer license and $2 annually from the lifetime fish and wildlife
trust fund, established in section 97A.4742, for each license issued under section 97A.473,
subdivision 4, shall be credited to the deer management account and is appropriated to the
commissioner for deer habitat improvement or deer management programs.

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

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

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

deleted text begin (e) Fifty cents from each annual deer license and 50 cents annually from the lifetime
fish and wildlife trust fund established in section 97A.4742, for each license issued under
section 97A.473, subdivision 4, shall be credited to the wolf management and monitoring
account under subdivision 7.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1 of the year following the year the
wolf is delisted under the federal Endangered Species Act.
new text end

Sec. 63.

Minnesota Statutes 2016, section 97A.137, subdivision 5, is amended to read:

Subd. 5.

Portable stands.

deleted text begin Prior to the Saturday on or nearest September 16, deleted text end A portable
stand may be left overnight in a wildlife management area by a person with a valid deleted text begin bear deleted text end
license deleted text begin who is hunting within 100 yards of a bear bait site that is legally tagged and registered
as prescribed under section 97B.425 deleted text end new text begin to take big game during the respective season new text end . Any
person leaving a portable stand overnight under this subdivision must affix a tag with: (1)
the person's name and address; (2) the licensee's driver's license number; or (3) the "MDNR#"
license identification number issued to the licensee. The tag must be affixed to the stand in
a manner that it can be read from the ground new text begin and be made of a material sufficient to withstand
weather conditions. A person leaving a portable stand overnight in a wildlife management
area may not leave more than two portable stands in any one wildlife management area new text end .

Sec. 64.

Minnesota Statutes 2016, section 97A.201, subdivision 2, is amended to read:

Subd. 2.

Duty of deleted text begin county attorneys and deleted text end peace officers.

deleted text begin County attorneys and deleted text end All peace
officers must enforce the game and fish laws.

Sec. 65.

Minnesota Statutes 2016, section 97A.201, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Prosecuting authority. new text end

new text begin (a) County attorneys are the primary prosecuting
authority for violations under section 97A.205, clause (5).
new text end

new text begin (b) Prosecution under paragraph (a) includes associated civil forfeiture actions provided
by law. Thirty percent of the net proceeds from the sale of forfeited property under section
97A.225 is considered a cost of forfeiting the property and must be forwarded to the
prosecuting authority that handled the forfeiture for deposit as a supplement to the authority's
operating fund or similar fund for prosecutorial purposes.
new text end

Sec. 66.

Minnesota Statutes 2016, section 97A.301, subdivision 1, is amended to read:

Subdivision 1.

Misdemeanor.

Unless a different penalty is prescribed, a person is guilty
of a misdemeanor if that person:

(1) deleted text begin takes, buys, sells, transports or possesses a wild animal in violation of deleted text end new text begin violates new text end the
game and fish laws;

(2) aids or assists in committing the violation;

(3) knowingly shares in the proceeds of the violation;

(4) fails to perform a duty or comply with a requirement of the game and fish laws;

(5) knowingly makes a false statement related to an affidavit regarding a violation new text begin or
requirement new text end of the game and fish laws; or

(6) violates or attempts to violate a rule under the game and fish laws.

Sec. 67.

Minnesota Statutes 2016, section 97A.338, is amended to read:

97A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.

new text begin (a) new text end A person who takes, possesses, or transports wild animals over the legal limit, in
closed season, or without a valid license, when the restitution value of the wild animals is
over $1,000 is guilty of a gross overlimit violation. new text begin Except as provided in paragraph (b), new text end a
violation under this deleted text begin section deleted text end new text begin paragraph new text end is a gross misdemeanor.

new text begin (b) If a wild animal involved in a gross overlimit violation is listed as a threatened or
endangered wild animal, the penalty in paragraph (a) does not apply unless more than one
animal is taken, possessed, or transported in violation of the game and fish laws.
new text end

Sec. 68.

Minnesota Statutes 2016, section 97A.420, subdivision 1, is amended to read:

Subdivision 1.

Seizure.

(a) An enforcement officer shall immediately seize the license
of a person who unlawfully takes, transports, or possesses wild animals when the restitution
value of the wild animals exceeds $500. Except as provided in subdivisions 2, 4, and 5, the
person may not use or obtain any license to take the same type of wild animals involved,
including a duplicate license, until an action is taken under subdivision 6. If the license
seized under this paragraph was for a big game animal, the license seizure applies to all
licenses to take big game issued to the individual. If the license seized under this paragraph
was for small game animals, the license seizure applies to all licenses to take small game
issued to the individual.

(b) In addition to the license seizure under paragraph (a), if the restitution value of the
wild animals unlawfully taken, possessed, or transported is deleted text begin $5,000 deleted text end new text begin $1,000 new text end or more, all other
game and fish licenses held by the person shall be immediately seized. Except as provided
in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
including a duplicate license, until an action is taken under subdivision 6.

(c) A person may not take wild animals covered by a license seized under this subdivision
until an action is taken under subdivision 6.

Sec. 69.

Minnesota Statutes 2016, section 97A.421, subdivision 2a, is amended to read:

Subd. 2a.

Issuance after conviction; gross overlimits.

(a) new text begin A person may not obtain a
license to take a wild animal and is prohibited from taking wild animals for ten years after
the date of conviction of a violation when the restitution value of the wild animals is $2,000
or more.
new text end

new text begin (b) new text end A person may not obtain a license to take a wild animal and is prohibited from taking
wild animals for deleted text begin a period of deleted text end five years after the date of conviction of:

(1) a violation when the restitution value of the wild animals is deleted text begin $5,000 deleted text end new text begin $1,000 new text end or more new text begin ,
but less than $2,000 new text end ; or

(2) a violation when the restitution value of the wild animals exceeds $500 and the
violation occurs within ten years of one or more previous license revocations under this
subdivision.

deleted text begin (b) deleted text end new text begin (c) new text end A person may not obtain a license to take the type of wild animals involved in a
violation when the restitution value of the wild animals exceeds $500 and is prohibited from
taking the type of wild animals involved in the violation for deleted text begin a period of deleted text end three years after the
date of conviction of a violation.

deleted text begin (c) deleted text end new text begin (d) new text end The time period of multiple revocations under paragraph (a) new text begin or (b) new text end , clause (2),
deleted text begin shall be deleted text end new text begin are new text end consecutive and no wild animals of any kind may be taken during the entire
new text begin revocation new text end period.

new text begin (e) If a wild animal involved in the conviction is listed as a threatened or endangered
wild animal, the revocations under this subdivision do not apply unless more than one animal
is taken, possessed, or transported in violation of the game and fish laws.
new text end

deleted text begin (d) deleted text end new text begin (f) new text end The court may not stay or reduce the imposition of license revocation provisions
under this subdivision.

Sec. 70.

Minnesota Statutes 2016, section 97B.031, subdivision 6, is amended to read:

Subd. 6.

Scopes deleted text begin ; age 60 or over deleted text end .

A person deleted text begin age 60 or over deleted text end may use a muzzleloader with
a scope to take deer during the muzzleloader season. The scope may have magnification
capabilities.

Sec. 71.

new text begin [97B.032] RULES LIMITING USE OF LEAD SHOT PROHIBITED.
new text end

new text begin The commissioner of natural resources shall not adopt rules further restricting the use
of lead shot.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to rules adopted on or after that date.
new text end

Sec. 72.

Minnesota Statutes 2016, section 97B.516, is amended to read:

97B.516 ELK MANAGEMENT PLAN.

(a) The commissioner of natural resources must adopt an elk management plan that:

(1) recognizes the value and uniqueness of elk;

(2) provides for integrated management of an elk population in harmony with the
environment; and

(3) affords optimum recreational opportunities.

(b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd new text begin in
Kittson, Roseau, Marshall, or Beltrami Counties new text end in a manner that would increase the size
of the herd, including adoption or implementation of an elk management plan designed to
increase an elk herd, unless the commissioner of agriculture verifies that crop and fence
damages paid under section 3.7371 and attributed to the herd have not increased for at least
two years.

(c) At least 60 days prior to implementing a plan to increase an elk herd, the
commissioners of natural resources and agriculture must hold a joint public meeting in the
county where the elk herd to be increased is located. At the meeting, the commissioners
must present evidence that crop and fence damages have not increased in the prior two years
and must detail the practices that will be used to reduce elk conflicts with area landowners.

Sec. 73.

Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read:

Subdivision 1.

Owners and occupants may take certain animals.

A person new text begin or the
person's agent new text end may take new text begin bats, snakes, salamanders, lizards, weasel, new text end mink, squirrel, rabbit,
hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the
person where the animal is causing damage. The person new text begin or the person's agent new text end may take the
animal without a license and in any manner except by deleted text begin poison, or deleted text end artificial lights in the closed
season new text begin or by poison new text end . Raccoons may be taken under this subdivision with artificial lights
during open season. A person deleted text begin that deleted text end new text begin or the person's agent who new text end kills mink, raccoon, bobcat,
fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer
or employee of the Fish and Wildlife Division within 24 hours after the animal is killed.

Sec. 74.

Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read:

Subd. 2.

Walleye deleted text begin ; northern pike deleted text end .

deleted text begin (a) Except as provided in paragraph (b), deleted text end A person
may have no more than one walleye larger than 20 inches deleted text begin and one northern pike larger than
30 inches deleted text end in possession. new text begin This subdivision does not apply to boundary waters.
new text end

deleted text begin (b) The restrictions in paragraph (a) do not apply to boundary waters.
deleted text end

Sec. 75.

Minnesota Statutes 2016, section 97C.501, subdivision 1, is amended to read:

Subdivision 1.

Minnow retailers.

(a) A person may not be a minnow retailer without
a minnow retailer license except as provided in subdivisions 2, paragraph (d), and 3. A
person must purchase a minnow retailer license for each minnow retail outlet operated,
except as provided by subdivision 2, paragraph (d).

(b) A minnow retailer must obtain a minnow retailer's vehicle license for each motor
vehicle used by the minnow retailer to transport more than 12 dozen minnows to the minnow
retailer's place of business deleted text begin , except as provided in subdivision 3 deleted text end . A minnow retailer is not
required to obtain a minnow retailer's vehicle license new text begin :
new text end

new text begin (1) as provided in subdivision 3;
new text end

new text begin (2) if the minnow retailer is licensed as a resort under section 157.16, is transporting
minnows purchased from a minnow dealer's place of business directly to the resort, possesses
a detailed receipt including the date and time of purchase, and presents the receipt and
minnows for inspection upon request; or
new text end

new text begin (3) new text end if minnows are being transported by common carrier and information is provided
that allows the commissioner to find out the location of the shipment in the state.

Sec. 76.

Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Harvesting mussel shells. new text end

new text begin Live mussels may not be harvested. A person
possessing a valid resident or nonresident angling license or a person not required to have
an angling license to take fish may take and possess at any time, for personal use only, not
more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may
be harvested in waters of the state where fish may be taken by angling. Mussel shells must
be harvested by hand-picking only and may not be purchased or sold.
new text end

Sec. 77.

Minnesota Statutes 2016, section 103B.101, subdivision 12a, is amended to read:

Subd. 12a.

Authority to issue penalty orders.

(a) deleted text begin A county or watershed district with
jurisdiction or deleted text end The Board of Water and Soil Resources may issue an order requiring violations
of the water resources riparian protection requirements under sections 103F.415, 103F.421,
and 103F.48 to be corrected and administratively assessing monetary penalties up to $500
for noncompliance commencing on day one of the 11th month after the noncompliance
notice was issued. The proceeds collected from an administrative penalty order issued under
this section must be remitted to deleted text begin the county or watershed district with jurisdiction over the
noncompliant site, or otherwise remitted to deleted text end the Board of Water and Soil Resources.

(b) Before exercising this authority, the Board of Water and Soil Resources must adopt
a plan containing procedures for the issuance of administrative penalty orders deleted text begin by local
governments and the board as authorized in this subdivision deleted text end . This plan, and any subsequent
amendments, deleted text begin will become deleted text end new text begin is new text end effective 30 days after being published in the State Register.
The initial plan must be published in the State Register no later than July 1, 2017.

(c) Administrative penalties may be reissued and appealed under paragraph (a) according
to section 103F.48, subdivision 9.

Sec. 78.

Minnesota Statutes 2016, section 103F.411, subdivision 1, is amended to read:

Subdivision 1.

Authority.

The Board of Water and Soil Resources, in consultation with
counties, soil and water conservation districts, and other appropriate agencies, shall adopt
a model ordinance and rules that serve as a guide for local governments new text begin that have adopted
a soil loss ordinance new text end to implement sections 103F.401 to 103F.455 and provide administrative
procedures for the board for sections 103F.401 to 103F.455.

Sec. 79.

Minnesota Statutes 2016, section 103F.48, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

(b) "Board" means the Board of Water and Soil Resources.

(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive plants
and noxious weeds, adjacent to all bodies of water within the state and that protects the
water resources of the state from runoff pollution; stabilizes soils, shores, and banks; and
protects or provides riparian corridors.

(d) "Buffer protection map" means buffer maps established and maintained by the
commissioner of natural resources.

(e) "Commissioner" means the commissioner of natural resources.

(f) "Executive director" means the executive director of the Board of Water and Soil
Resources.

(g) "Local water management authority" means a watershed district, metropolitan water
management organization, or county operating separately or jointly in its role as local water
management authority under chapter 103B or 103D.

(h) "Normal water level" means the level evidenced by the long-term presence of surface
water as indicated directly by hydrophytic plants or hydric soils or indirectly determined
via hydrological models or analysis.

(i) "Public waters" deleted text begin has the meaning given in section 103G.005, subdivision 15. The term deleted text end new text begin
means new text end public waters deleted text begin as used in this section applies to waters deleted text end that are on the public waters
inventory as provided in section 103G.201.

(j) "With jurisdiction" means a deleted text begin board determination that the deleted text end county or watershed district
new text begin that new text end has adopted a rule, ordinance, or official controls providing procedures for deleted text begin the issuance
of administrative penalty orders, deleted text end enforcement deleted text begin , deleted text end and appeals for purposes of this section and
deleted text begin section 103B.101, subdivision 12a deleted text end new text begin that has notified the board new text end .

Sec. 80.

Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:

Subd. 3.

Water resources riparian protection requirements on public waters and
public drainage systems.

(a) Except as provided in paragraph (b), landowners owning
property adjacent to a water body identified and mapped on a buffer protection map must
maintain a buffer to protect the state's water resources as follows:

(1) for all public waters new text begin that have a shoreland classification new text end , the more restrictive of:

(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially
rooted vegetation; or

(ii) the state shoreland standards and criteria adopted by the commissioner under section
103F.211; and

(2) for public drainage systems established under chapter 103E new text begin and public waters that
do not have a shoreland classification new text end , a 16.5-foot minimum width continuous buffer as
provided in section 103E.021, subdivision 1. The buffer vegetation shall not impede future
maintenance of the ditch.

(b) A landowner owning property adjacent to a water body identified in a buffer protection
map and whose property is used for cultivation farming may meet the requirements under
paragraph (a) by adopting an alternative riparian water quality practice, or combination of
structural, vegetative, and management practices, based on the Natural Resources
Conservation Service Field Office Technical Guide or other practices approved by the board,
that provide water quality protection comparable to the buffer protection for the water body
that the property abuts. Included in these practices are retention ponds and alternative
measures that prevent overland flow to the water resource.

(c) The width of a buffer on public waters must be measured from the top or crown of
the bank. Where there is no defined bank, measurement must be from the edge of the normal
water level. The width of the buffer on public drainage systems must be measured as provided
in section 103E.021, subdivision 1.

(d) Upon request by a landowner or authorized agent or operator of a landowner, a
technical professional employee or contractor of the soil and water conservation district or
its delegate may issue a validation of compliance with the requirements of this subdivision.
The soil and water conservation district validation may be appealed to the board as described
in subdivision 9.

(e) Buffers or alternative water quality practices required under paragraph (a) or (b)
must be in place on or before deleted text begin :
deleted text end

deleted text begin (1) November 1, 2017, for public waters; and
deleted text end

deleted text begin (2) deleted text end November 1, 2018 deleted text begin , for public drainage systems deleted text end .

(f) Nothing in this section limits the eligibility of a landowner or authorized agent or
operator of a landowner to participate in federal or state conservation programs, including
enrolling or reenrolling in federal conservation programs.

Sec. 81.

Minnesota Statutes 2016, section 103F.48, subdivision 7, is amended to read:

Subd. 7.

Corrective actions.

(a) If the soil and water conservation district determines
a landowner is not in compliance with this section new text begin and the landowner has declined state or
federal assistance to pay 100 percent of the cost to establish buffers or other water-resource
protection measures approved by the board new text end , the district must notify the county or watershed
district with jurisdiction over the noncompliant site and the board. The county or watershed
district with jurisdiction or the board must provide the landowner with a list of corrective
actions needed to come into compliance and a practical timeline to meet the requirements
in this section. The county or watershed district with jurisdiction must provide a copy of
the corrective action notice to the board.

(b) A county or watershed district exercising jurisdiction under this subdivision deleted text begin and the
enforcement authority granted in section 103B.101, subdivision 12a, deleted text end shall affirm deleted text begin their deleted text end new text begin its new text end
jurisdiction and identify the ordinance, rule, or other official controls to carry out the
compliance provisions of this section deleted text begin and section 103B.101, subdivision 12a, deleted text end by notice to
the board deleted text begin prior to March 31, 2017 deleted text end . A county or watershed district must provide notice to
the board at least 60 days prior to the effective date of a subsequent decision on their
jurisdiction.

(c) If the landowner does not comply with the list of actions and timeline provided, the
county or watershed district may enforce this section deleted text begin under the authority granted in section
103B.101, subdivision 12a, or deleted text end by rule of the watershed district or ordinance or other official
control of the county. deleted text begin Before exercising administrative penalty authority, a county or
watershed district must adopt a plan consistent with the plan adopted by the board containing
procedures for the issuance of administrative penalty orders and may issue orders beginning
November 1, 2017. deleted text end If a county or watershed district with jurisdiction over the noncompliant
site has not adopted a plan, rule, ordinance, or official control under this paragraph, the
board must enforce this section under the authority granted in section 103B.101, subdivision
12a.

(d) If the county, watershed district, or board determines that sufficient steps have been
taken to fully resolve noncompliance, all or part of the penalty may be forgiven.

(e) An order issued under paragraph (c) may be appealed to the board as provided under
subdivision 9.

(f) A corrective action is not required for conditions resulting from a flood or other act
of nature.

(g) A landowner agent or operator of a landowner may not remove or willfully degrade
a riparian buffer or water quality practice, wholly or partially, unless the agent or operator
has obtained a signed statement from the property owner stating that the permission for the
work has been granted by the unit of government authorized to approve the work in this
section or that a buffer or water quality practice is not required as validated by the soil and
water conservation district. Removal or willful degradation of a riparian buffer or water
quality practice, wholly or partially, by an agent or operator is a separate and independent
offense and may be subject to the corrective actions and penalties in this subdivision.

new text begin (h) A county or watershed district or the board must not enforce this section unless
federal or state assistance is available to the landowner to pay 100 percent of the cost to
establish buffers or other water-resource protection measures approved by the board.
new text end

Sec. 82.

Minnesota Statutes 2016, section 103G.005, is amended by adding a subdivision
to read:

new text begin Subd. 8a. new text end

new text begin Constructed management facilities for storm water. new text end

new text begin "Constructed
management facilities for storm water" means ponds, basins, holding tanks, cisterns,
infiltration trenches and swales, or other best management practices that have been designed,
constructed, and operated to store or treat storm water in accordance with local, state, or
federal requirements.
new text end

Sec. 83.

Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to read:

Subd. 10b.

Greater than 80 percent area.

"Greater than 80 percent area" means a
county deleted text begin or deleted text end new text begin , new text end watershed new text begin , or, for purposes of wetland replacement, bank service area new text end where 80
percent or more of the presettlement wetland acreage is intact and:

(1) ten percent or more of the current total land area is wetland; or

(2) 50 percent or more of the current total land area is state or federal land.

Sec. 84.

Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to read:

Subd. 10h.

Less than 50 percent area.

"Less than 50 percent area" means a county deleted text begin or deleted text end new text begin , new text end
watershed new text begin , or, for purposes of wetland replacement, bank service area new text end with less than 50
percent of the presettlement wetland acreage intact or any county deleted text begin or deleted text end new text begin , new text end watershed new text begin , or bank
service area new text end not defined as a "greater than 80 percent area" or "50 to 80 percent area."

Sec. 85.

Minnesota Statutes 2016, section 103G.222, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) Wetlands must not be drained or filled, wholly or
partially, unless replaced by actions that provide at least equal public value under a
replacement plan approved as provided in section 103G.2242, a replacement plan under a
local governmental unit's comprehensive wetland protection and management plan approved
by the board under section 103G.2243, or, if a permit to mine is required under section
93.481, under a mining reclamation plan approved by the commissioner under the permit
to mine. new text begin Project-specific wetland replacement plans submitted as part of a project for which
a permit to mine is required and approved by the commissioner on or after July 1, 1991,
may include surplus wetland credits to be allocated by the commissioner to offset future
mining-related wetland impacts under any permits to mine held by the permittee, the operator,
the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant to an
assignment under section 93.481, subdivision 5. new text end For project-specific wetland replacement
completed prior to wetland impacts authorized or conducted under a permit to mine within
the Great Lakes and Rainy River watershed basins, those basins shall be considered a single
watershed for purposes of determining wetland replacement ratios. Mining reclamation
plans shall apply the same principles and standards for replacing wetlands that are applicable
to mitigation plans approved as provided in section 103G.2242. new text begin The commissioner must
provide notice of an application for wetland replacement under a permit to mine to the
county in which the impact is proposed and the county in which a mitigation site is proposed.
new text end Public value must be determined in accordance with section 103B.3355 or a comprehensive
wetland protection and management plan established under section 103G.2243. Sections
103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently
flooded areas of types 3, 4, and 5 wetlands.

(b) Replacement must be guided by the following principles in descending order of
priority:

(1) avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;

(2) minimizing the impact by limiting the degree or magnitude of the wetland activity
and its implementation;

(3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland
environment;

(4) reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity;

(5) compensating for the impact by restoring a wetland; and

(6) compensating for the impact by replacing or providing substitute wetland resources
or environments.

For a project involving the draining or filling of wetlands in an amount not exceeding
10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
paragraph (a), the local government unit may make an on-site sequencing determination
without a written alternatives analysis from the applicant.

(c) If a wetland is located in a cultivated field, then replacement must be accomplished
through restoration only without regard to the priority order in paragraph (b), provided that
the altered wetland is not converted to a nonagricultural use for at least ten years.

(d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241,
subdivision 2, paragraph (b) or (e), the local government unit may require a deed restriction
that prohibits nonagricultural use for at least ten years. The local government unit may
require the deed restriction if it determines the wetland area drained is at risk of conversion
to a nonagricultural use within ten years based on the zoning classification, proximity to a
municipality or full service road, or other criteria as determined by the local government
unit.

(e) Restoration and replacement of wetlands must be accomplished in accordance with
the ecology of the landscape area affected and ponds that are created primarily to fulfill
storm water management, and water quality treatment requirements may not be used to
satisfy replacement requirements under this chapter unless the design includes pretreatment
of runoff and the pond is functioning as a wetland.

(f) Except as provided in paragraph (g), for a wetland or public waters wetland located
on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland
for each acre of drained or filled wetland.

(g) For a wetland or public waters wetland located on agricultural land or in a greater
than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for
each acre of drained or filled wetland.

(h) Wetlands that are restored or created as a result of an approved replacement plan are
subject to the provisions of this section for any subsequent drainage or filling.

(i) Except in a greater than 80 percent area, only wetlands that have been restored from
previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
wetlands created by dikes or dams along public or private drainage ditches, or wetlands
created by dikes or dams associated with the restoration of previously drained or filled
wetlands may be used for wetland replacement according to rules adopted under section
103G.2242, subdivision 1. Modification or conversion of nondegraded naturally occurring
wetlands from one type to another are not eligible for wetland replacement.

(j) The Technical Evaluation Panel established under section 103G.2242, subdivision
2, shall ensure that sufficient time has occurred for the wetland to develop wetland
characteristics of soils, vegetation, and hydrology before recommending that the wetland
be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
to believe that the wetland characteristics may change substantially, the panel shall postpone
its recommendation until the wetland has stabilized.

(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply
to the state and its departments and agencies.

(l) For projects involving draining or filling of wetlands associated with a new public
transportation project, and for projects expanded solely for additional traffic capacity, public
transportation authorities may purchase credits from the board at the cost to the board to
establish credits. Proceeds from the sale of credits provided under this paragraph are
appropriated to the board for the purposes of this paragraph. For the purposes of this
paragraph, "transportation project" does not include an airport project.

(m) A replacement plan for wetlands is not required for individual projects that result
in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or
replacement of a currently serviceable existing state, city, county, or town public road
necessary, as determined by the public transportation authority, to meet state or federal
design or safety standards or requirements, excluding new roads or roads expanded solely
for additional traffic capacity lanes. This paragraph only applies to authorities for public
transportation projects that:

(1) minimize the amount of wetland filling or draining associated with the project and
consider mitigating important site-specific wetland functions on site;

(2) except as provided in clause (3), submit project-specific reports to the board, the
Technical Evaluation Panel, the commissioner of natural resources, and members of the
public requesting a copy at least 30 days prior to construction that indicate the location,
amount, and type of wetlands to be filled or drained by the project or, alternatively, convene
an annual meeting of the parties required to receive notice to review projects to be
commenced during the upcoming year; and

(3) for minor and emergency maintenance work impacting less than 10,000 square feet,
submit project-specific reports, within 30 days of commencing the activity, to the board
that indicate the location, amount, and type of wetlands that have been filled or drained.

Those required to receive notice of public transportation projects may appeal
minimization, delineation, and on-site mitigation decisions made by the public transportation
authority to the board according to the provisions of section 103G.2242, subdivision 9. The
Technical Evaluation Panel shall review minimization and delineation decisions made by
the public transportation authority and provide recommendations regarding on-site mitigation
if requested to do so by the local government unit, a contiguous landowner, or a member
of the Technical Evaluation Panel.

Except for state public transportation projects, for which the state Department of
Transportation is responsible, the board must replace the wetlands, and wetland areas of
public waters if authorized by the commissioner or a delegated authority, drained or filled
by public transportation projects on existing roads.

Public transportation authorities at their discretion may deviate from federal and state
design standards on existing road projects when practical and reasonable to avoid wetland
filling or draining, provided that public safety is not unreasonably compromised. The local
road authority and its officers and employees are exempt from liability for any tort claim
for injury to persons or property arising from travel on the highway and related to the
deviation from the design standards for construction or reconstruction under this paragraph.
This paragraph does not preclude an action for damages arising from negligence in
construction or maintenance on a highway.

(n) If a landowner seeks approval of a replacement plan after the proposed project has
already affected the wetland, the local government unit may require the landowner to replace
the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required.

(o) A local government unit may request the board to reclassify a county or watershed
on the basis of its percentage of presettlement wetlands remaining. After receipt of
satisfactory documentation from the local government, the board shall change the
classification of a county or watershed. If requested by the local government unit, the board
must assist in developing the documentation. Within 30 days of its action to approve a
change of wetland classifications, the board shall publish a notice of the change in the
Environmental Quality Board Monitor.

(p) One hundred citizens who reside within the jurisdiction of the local government unit
may request the local government unit to reclassify a county or watershed on the basis of
its percentage of presettlement wetlands remaining. In support of their petition, the citizens
shall provide satisfactory documentation to the local government unit. The local government
unit shall consider the petition and forward the request to the board under paragraph (o) or
provide a reason why the petition is denied.

Sec. 86.

Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:

Subd. 3.

Wetland replacement siting.

(a) deleted text begin Impacted wetlands in a 50 to deleted text end new text begin Wetland
replacement occurring outside of a greater than new text end 80 percent area must new text begin not new text end be replaced in a
deleted text begin 50 to deleted text end new text begin greater than new text end 80 percent area deleted text begin or in a less than 50 percent area. Impacted wetlands in a
less than 50 percent area must be replaced in a less than 50 percent area deleted text end . All wetland
replacement must follow this priority order:

(1) deleted text begin on site or deleted text end in the same minor watershed as the impacted wetland;

(2) in the same watershed as the impacted wetland;

(3) in the same deleted text begin county or deleted text end wetland bank service area as the impacted wetland; and

(4) in another wetland bank service area.

(b) Notwithstanding paragraph (a), wetland banking credits approved according to a
complete wetland banking application submitted to a local government unit by April 1,
1996, may be used to replace wetland impacts resulting from public transportation projects
statewide.

(c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement
by wetland banking begins at paragraph (a), clause (3), according to rules adopted under
section 103G.2242, subdivision 1.

(d) When reasonable, practicable, and environmentally beneficial replacement
opportunities are not available in siting priorities listed in paragraph (a), the applicant may
seek opportunities at the next level.

(e) For the purposes of this section, "reasonable, practicable, and environmentally
beneficial replacement opportunities" are defined as opportunities that:

(1) take advantage of naturally occurring hydrogeomorphological conditions and require
minimal landscape alteration;

(2) have a high likelihood of becoming a functional wetland that will continue in
perpetuity;

(3) do not adversely affect other habitat types or ecological communities that are
important in maintaining the overall biological diversity of the area; and

(4) are available and capable of being done after taking into consideration cost, existing
technology, and logistics consistent with overall project purposes.

(f) Regulatory agencies, local government units, and other entities involved in wetland
restoration shall collaborate to identify potential replacement opportunities within their
jurisdictional areas.

(g) The board must establish wetland replacement ratios and wetland bank service area
priorities to implement the siting and targeting of wetland replacement and encourage the
use of high priority areas for wetland replacement.

new text begin (h) Wetland replacement sites identified in accordance with the priority order for
replacement siting in paragraph (a) as part of the completion of an adequate environmental
impact statement may be approved for a replacement plan under section 93.481, 103G.2242,
or 103G.2243 without further modification related to the priority order, notwithstanding
availability of new mitigation sites or availability of credits after completion of an adequate
environmental impact statement. Wetland replacement plan applications must be submitted
within one year of the adequacy determination of the environmental impact statement to be
eligible for approval under this paragraph.
new text end

Sec. 87.

Minnesota Statutes 2016, section 103G.2242, subdivision 2, is amended to read:

Subd. 2.

Evaluation.

(a) Questions concerning the public value, location, size, or type
of a wetland shall be submitted to and determined by a Technical Evaluation Panel after an
on-site inspection. The Technical Evaluation Panel shall be composed of a technical
professional employee of the board, a technical professional employee of the local soil and
water conservation district or districts, a technical professional with expertise in water
resources management appointed by the local government unit, and a technical professional
employee of the Department of Natural Resources for projects affecting public waters or
wetlands adjacent to public waters. The panel shall use the "United States Army Corps of
Engineers Wetland Delineation Manual" (January 1987), including updates, supplementary
guidance, and replacements, if any, "Wetlands of the United States" (United States Fish and
Wildlife Service Circular 39, 1971 edition), and "Classification of Wetlands and Deepwater
Habitats of the United States" (1979 edition). The panel shall provide the wetland
determination and recommendations on other technical matters to the local government unit
that must approve a replacement plan, sequencing, exemption determination, no-loss
determination, or wetland boundary or type determination and may recommend approval
or denial of the plan. The authority must consider and include the decision of the Technical
Evaluation Panel in their approval or denial of a plan or determination.

new text begin (b) A member of the Technical Evaluation Panel that has a financial interest in a wetland
bank or management responsibility to sell or make recommendations in their official capacity
to sell credits from a publicly owned wetland bank must disclose that interest, in writing,
to the Technical Evaluation Panel and the local government unit.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Persons conducting wetland or public waters boundary delineations or type
determinations are exempt from the requirements of chapter 326. The board may develop
a professional wetland delineator certification program.

deleted text begin (c) deleted text end new text begin (d) new text end The board must establish an interagency team to assist in identifying and evaluating
potential wetland replacement sites. The team must consist of members of the Technical
Evaluation Panel and representatives from the Department of Natural Resources; the Pollution
Control Agency; the United States Army Corps of Engineers, St. Paul district; and other
organizations as determined by the board.

Sec. 88.

Minnesota Statutes 2016, section 103G.2372, subdivision 1, is amended to read:

Subdivision 1.

Authority; orders.

(a) The commissioner of natural resources,
conservation officers, and peace officers shall enforce laws preserving and protecting
groundwater quantity, wetlands, and public waters. The commissioner of natural resources,
a conservation officer, or a peace officer may issue a cease and desist order to stop any
illegal activity adversely affecting groundwater quantity, a wetland, or public waters.

(b) In the order, or by separate order, the commissioner, conservation officer, or peace
officer may require restoration or replacement of the wetland or public waters, as determined
by the local soil and water conservation district for wetlands and the commissioner of natural
resources for public waters. Restoration or replacement orders may be recorded or filed in
the office of the county recorder or registrar of titles, as appropriate, in the county where
the real property is located by the commissioner of natural resources, conservation officers,
or peace officers as a deed restriction on the property that runs with the land and is binding
on the owners, successors, and assigns until the conditions of the order are met or the order
is rescinded. Notwithstanding section 386.77, the agency shall pay the applicable filing fee
for any document filed under this section.

new text begin (c) If a court has ruled that there has not been a violation of the restoration or replacement
order, an order may not be recorded or filed under this section.
new text end

new text begin (d) If an order was recorded before a court finding that there has not been a violation or
an order was filed before the effective date of this section and the deed restriction would
have been in violation of paragraph (c), the commissioner must remove the deed restriction
if the owner of the property requests the commissioner to remove it. Within 30 days of
receiving the request for removal from the owner, the commissioner must contact, in writing,
the office of the county recorder or registrar of titles where the order is recorded or filed,
along with all applicable fees, and have the order removed. Within 30 days of receiving
notification from the office of the county recorder or registrar of titles that the order has
been removed, the commissioner must inform the owner that the order has been removed
and provide the owner with a copy of any documentation provided by the office of the
county recorder or registrar of titles.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 89.

Minnesota Statutes 2016, section 103G.271, subdivision 1, is amended to read:

Subdivision 1.

Permit required.

(a) Except as provided in paragraph (b), the state, a
person, partnership, or association, private or public corporation, county, municipality, or
other political subdivision of the state may not appropriate or use waters of the state without
a water-use permit from the commissioner.

(b) This section does not apply to new text begin the following water uses:
new text end

new text begin (1) new text end use for a water supply by less than 25 persons for domestic purposes, except as
required by the commissioner under section 103G.287, subdivision 4, paragraph (b) deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) nonconsumptive diversion of a surface water of the state from its natural channel for
the production of hydroelectric or hydromechanical power at structures that were in existence
on and before July 1, 1937, or those that are regulated by the Federal Energy Regulatory
Commission; or
new text end

new text begin (3) appropriation or use of storm water collected and used to reduce storm-water runoff
volume, treat storm water, or sustain groundwater supplies when water is extracted from
constructed management facilities for storm water.
new text end

(c) The commissioner may issue a state general permit for appropriation of water to a
governmental subdivision or to the general public. The general permit may authorize more
than one project and the appropriation or use of more than one source of water. Water-use
permit processing fees and reports required under subdivision 6 and section 103G.281,
subdivision 3, are required for each project or water source that is included under a general
permit, except that no fee is required for uses totaling less than 15,000,000 gallons annually.

Sec. 90.

Minnesota Statutes 2016, section 103G.271, subdivision 6, is amended to read:

Subd. 6.

Water-use permit processing fee.

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

(1) $140 for amounts not exceeding 50,000,000 gallons per year;

(2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
than 100,000,000 gallons per year;

(3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less than
150,000,000 gallons per year;

(4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less
than 200,000,000 gallons per year;

(5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less than
250,000,000 gallons per year;

(6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less
than 300,000,000 gallons per year;

(7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less than
350,000,000 gallons per year;

(8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less
than 400,000,000 gallons per year;

(9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less than
450,000,000 gallons per year;

(10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less
than 500,000,000 gallons per year; and

(11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.

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

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

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

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

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

(1) the fee for a city of the first class may not exceed $250,000 per year;

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

(i) $60,000 per year for an entity holding three or fewer permits;

(ii) $90,000 per year for an entity holding four or five permits; or

(iii) $300,000 per year for an entity holding more than five permits;

(3) the fee for agricultural irrigation may not exceed $750 per year;

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

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

deleted text begin (5) deleted text end new text begin (6) new text end no fee is required for a project involving the appropriation of surface water to
prevent flood damage or to remove flood waters during a period of flooding, as determined
by the commissioner.

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

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

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

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

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

(h) A surcharge of $30 per million gallons in addition to the fee prescribed in paragraph
(a) shall be applied to the volume of water used in each of the months of June, July, and
August that exceeds the volume of water used in January for municipal water use, irrigation
of golf courses, and landscape irrigation. The surcharge for municipalities with more than
one permit shall be determined based on the total appropriations from all permits that supply
a common distribution system.

Sec. 91.

Minnesota Statutes 2016, section 103G.271, subdivision 6a, is amended to read:

Subd. 6a.

Fees for past unpermitted appropriations.

An entity that appropriates water
without a required permit under subdivision 1 must pay the applicable water-use permit
processing fee specified in subdivision 6 for the period during which the unpermitted
appropriation occurred. The fees for unpermitted appropriations are required for the previous
seven calendar years after being notified of the need for a permit. This fee is in addition to
any other fee or penalty assessed. The commissioner may waive payment of fees for past
unpermitted appropriations for a residential system permitted under subdivision 5, paragraph
(b) new text begin , or for a hydroelectric or hydromechanical facility that temporarily diverts a water of
the state from its natural channel new text end .

Sec. 92.

Minnesota Statutes 2016, section 103G.271, subdivision 7, is amended to read:

Subd. 7.

Transfer of permit.

A water-use permit may be transferred to a successive
owner of real property if the permittee conveys the real property where the source of water
is located. The new owner must notify the commissioner immediately after the conveyance
and request transfer of the permit. new text begin If notified, the commissioner must transfer the permit to
the successive owner.
new text end

Sec. 93.

Minnesota Statutes 2016, section 103G.271, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Management plans; economic impacts. new text end

new text begin Before requiring a change to a
management plan for appropriating water, the commissioner must provide estimates of the
economic impact of any new restriction or policy on existing and future groundwater users
in the affected area.
new text end

Sec. 94.

Minnesota Statutes 2016, section 103G.287, subdivision 1, is amended to read:

Subdivision 1.

Applications for groundwater appropriations; preliminary well
construction approval.

(a) Groundwater use permit applications are not complete until the
applicant has supplied:

(1) a water well record as required by section 103I.205, subdivision 9, information on
the subsurface geologic formations penetrated by the well and the formation or aquifer that
will serve as the water source, and geologic information from test holes drilled to locate the
site of the production well;

(2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested;

(3) information on groundwater quality in terms of the measures of quality commonly
specified for the proposed water use and details on water treatment necessary for the proposed
use;

(4) the results of an aquifer test completed according to specifications approved by the
commissioner. The test must be conducted at the maximum pumping rate requested in the
application and for a length of time adequate to assess or predict impacts to other wells and
surface water and groundwater resources. The permit applicant is responsible for all costs
related to the aquifer test, including the construction of groundwater and surface water
monitoring installations, and water level readings before, during, and after the aquifer test;
and

(5) the results of any assessments conducted by the commissioner under paragraph (c).

(b) The commissioner may waive an application requirement in this subdivision if the
information provided with the application is adequate to determine whether the proposed
appropriation and use of water is sustainable and will protect ecosystems, water quality,
and the ability of future generations to meet their own needs.

(c) The commissioner shall provide an assessment of a proposed well needing a
groundwater appropriation permit. The commissioner shall evaluate the information submitted
as required under section 103I.205, subdivision 1, paragraph (f), and determine whether the
anticipated appropriation request is likely to meet the applicable requirements of this chapter.
If the appropriation request is likely to meet applicable requirements, the commissioner
shall provide the person submitting the information with a letter providing preliminary
approval to construct the well new text begin and the requirements, including test-well information, that
will be needed to obtain the permit new text end .

new text begin (d) The commissioner must provide an applicant denied a groundwater use permit or
issued a groundwater use permit that is reduced or restricted from the original request with
all information the commissioner used in making the determination, including hydrographs,
flow tests, aquifer tests, topographic maps, field reports, photographs, and proof of equipment
calibration.
new text end

Sec. 95.

Minnesota Statutes 2016, section 103G.287, subdivision 4, is amended to read:

Subd. 4.

Groundwater management areas.

(a) The commissioner may designate
groundwater management areas and limit total annual water appropriations and uses within
a designated area to ensure sustainable use of groundwater that protects ecosystems, water
quality, and the ability of future generations to meet their own needs. Water appropriations
and uses within a designated management area must be consistent with a groundwater
management area plan approved by the commissioner that addresses water conservation
requirements and water allocation priorities established in section 103G.261. At least 30
days prior to implementing or modifying a groundwater management area plan under this
subdivision, the commissioner shall consult with the advisory team established in paragraph
(c).

(b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota
Rules, within designated groundwater management areas, the commissioner may require
general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water
users using less than 10,000 gallons per day or 1,000,000 gallons per year and water suppliers
serving less than 25 persons for domestic purposes. The commissioner may waive the
requirements under section 103G.281 for general permits issued under this paragraph, and
the fee specified in section 103G.301, subdivision 2, paragraph (c), does not apply to general
permits issued under this paragraph.

(c) When designating a groundwater management area, the commissioner shall assemble
an advisory team to assist in developing a groundwater management area plan for the area.
The advisory team members shall be selected from public and private entities that have an
interest in the water resources affected by the groundwater management area. A majority
of the advisory team members shall be public and private entities that currently hold water-use
permits for water appropriations from the affected water resources. The commissioner shall
consult with the League of Minnesota Cities, the Association of Minnesota Counties, the
Minnesota Association of Watershed Districts, and the Minnesota Association of Townships
in appointing the local government representatives to the advisory team. The advisory team
may also include representatives from the University of Minnesota, the Minnesota State
Colleges and Universities, other institutions of higher learning in Minnesota, political
subdivisions with jurisdiction over water issues, nonprofits with expertise in water, and
federal agencies.

new text begin (d) Before making a change under a groundwater management area plan, the
commissioner must provide estimates of the economic effect of any new restriction or policy
on existing and future groundwater users and local governments in the affected area.
Strategies to address economic impacts must be included in any plan.
new text end

Sec. 96.

Minnesota Statutes 2016, section 103G.411, is amended to read:

103G.411 STIPULATION OF LOW-WATER MARK.

If the state is a party in a civil action relating to the navigability or ownership of the bed
of a body of water, river, or stream, the commissioner, in behalf of the state, deleted text begin with the approval
of the attorney general, deleted text end may agree by written stipulation with a riparian owner who is a
party to the action on the location of the ordinary low-water mark on the riparian land of
the party. After the stipulation is executed by all parties, it must be presented to the judge
of the district court where the action is pending for approval. If the stipulation is approved,
the judge shall make and enter an order providing that the final judgment when entered shall
conform to the location of the ordinary, low-water mark as provided for in the stipulation
as it relates to the parties to the stipulation.

Sec. 97.

Minnesota Statutes 2016, section 114D.25, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Impaired waters list; public notice and process. new text end

new text begin The commissioner of the
Pollution Control Agency must allow at least 60 days for public comment after publishing
the draft impaired-waters list required under the federal Clean Water Act. A person may
petition the agency to hold a contested case hearing on the draft impaired-waters list. A
valid basis for challenging an impairment determination includes, but is not limited to,
agency reliance on data that do not reflect recent significant infrastructure investments and
documented pollutant reductions.
new text end

Sec. 98.

new text begin [115.051] REVIEWING PROPOSED AGENCY ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Local government unit" means a statutory or home rule charter city, a county, a
local public utilities commission, a sanitary district, or an organization formed for the joint
exercise of powers under section 471.59.
new text end

new text begin (c) "Proposed action" means an action that:
new text end

new text begin (1) is being considered by the commissioner of the Pollution Control Agency or has
been undertaken by the commissioner but is not yet final; and
new text end

new text begin (2) would, once final, constitute:
new text end

new text begin (i) issuing, amending, modifying, or denying a water-quality standard under section
115.44, a water-related permit that is not an industrial or mining permit, a total maximum
daily load (TMDL) study, or a watershed restoration and protection strategy (WRAPS); or
new text end

new text begin (ii) another action or decision undertaken according to the commissioner's authority
under this chapter or chapter 114D that is or would be eligible for a contested case hearing
under chapter 14 or that would constitute rulemaking under chapter 14.
new text end

new text begin (d) "Requisite number" means five or more if the proposed action is rulemaking under
chapter 14 or one or more if the proposed action is one that is or would be eligible for a
contested case hearing under chapter 14.
new text end

new text begin (e) "Review petition" means a written petition of a local government unit adopted by
resolution of the applicable governing body that describes the need for review by an expert
review panel of the scientific basis of a proposed action that potentially affects the petitioner.
new text end

new text begin (f) "Review proceeding" means a proceeding under chapter 14 of the Office of
Administrative Hearings to review a proposed action.
new text end

new text begin Subd. 2. new text end

new text begin Review of scientific basis for proposed action. new text end

new text begin In any review proceeding, the
administrative law judge must examine the administrative record and, without deference to
the commissioner of the Pollution Control Agency, independently determine from the record
whether:
new text end

new text begin (1) the proposed action is based on reliable scientific data and analyses, as confirmed
by publicly available peer-reviewed literature;
new text end

new text begin (2) every test, measurement, or model the commissioner relied on in support of the
proposed action was used by the commissioner for the purpose for which the test,
measurement, or model was designed, consistent with generally accepted and peer-reviewed
scientific practice;
new text end

new text begin (3) the proposed action is consistent with the findings of any applicable external peer
review panel the commissioner convened under section 115.035; and
new text end

new text begin (4) the proposed action is based on a demonstrated, significant causal relationship between
the parameters of concern and the water-quality objective at issue, not the correlation alone.
When a causal relationship may be confounded by other factors, the administrative law
judge must determine whether the relevance and effect of those factors were assessed to
ensure the predicted causal relationship is valid.
new text end

new text begin Subd. 3. new text end

new text begin Effect of finding inadequate basis for proposed action. new text end

new text begin If an administrative
law judge determines that any of the conditions under subdivision 2, clauses (1) to (4), are
not satisfied, then:
new text end

new text begin (1) if the proposed action was a proposed rule, the administrative law judge must find
that the need for and reasonableness of the rule has not been established according to section
14.14, subdivision 2; and
new text end

new text begin (2) if the proposed action was before the Office of Administrative Hearings as part of a
contested case hearing, the administrative law judge must include this finding in the report
required by sections 14.48 to 14.56, which constitutes the final decision in the case.
new text end

new text begin Subd. 4. new text end

new text begin Expert review panel; when required; composition. new text end

new text begin The Office of
Administrative Hearings must convene an expert review panel to review the scientific basis
of a proposed action when the office receives the requisite number of review petitions and
finds, based on an independent review of the petitions, that the petitions demonstrate the
existence of a material scientific dispute regarding the scientific validity of the proposed
action. The Office of Administrative Hearings must issue an order granting or denying a
petition within 30 days of receiving the petition. A review panel must consist of three
independent experts with qualifications in the subject matter of the scientific dispute who
are employed neither by the Pollution Control Agency nor by a petitioner to the proceeding
and who are not directly or indirectly involved with the work conducted or contracted by
the agency. The composition of the panel must be determined as follows:
new text end

new text begin (1) the commissioner of the Pollution Control Agency must select one expert satisfying
the requirements of this subdivision;
new text end

new text begin (2) the petitioners must jointly select one expert satisfying the requirements of this
subdivision; and
new text end

new text begin (3) the two experts selected under clauses (1) and (2) must mutually agree to a third
expert satisfying the requirements of this subdivision. If the two experts cannot agree on a
third expert, the Office of Administrative Hearings must make the appointment.
new text end

new text begin Subd. 5. new text end

new text begin Conduct of expert review panel. new text end

new text begin Upon granting a petition for independent
expert review, the Office of Administrative Hearings must, as soon as practicable thereafter,
issue an order establishing the independent expert review panel and identifying the
independent experts selected according to subdivision 4. The order must include a statement
of the specific scientific issues or questions in dispute to be submitted for review by the
panel. The commissioner of the Pollution Control Agency and all petitioners must agree on
the issues or questions in dispute to be submitted for review. If they cannot agree on one or
more issues or questions, the Office of Administrative Hearings must determine the issues
or questions to be submitted, giving substantial consideration to the questions raised in any
petitions the office receives. The panel must review the scientific evidence relevant to those
issues or questions as found in the petitions, the administrative record for the proposed
action, and the results of any external peer review conducted according to section 115.035,
in accordance with the guidance in the United States Environmental Protection Agency's
Peer Review Handbook. The panel must submit a written opinion on the scientific validity
of the commissioner's approach that is in controversy. If the panel finds deficiencies, the
panel must recommend how the deficiencies can be corrected. The written opinion becomes
part of the administrative record and must be submitted to the Office of Administrative
Hearings. The office must send a copy of the opinion to the commissioner of the Pollution
Control Agency, all petitioners, and the chairs and ranking minority members of the house
of representatives and senate committees having jurisdiction over environment and natural
resources policy and finance.
new text end

new text begin Subd. 6. new text end

new text begin Status of action pending review. new text end

new text begin Once the Office of Administrative Hearings
receives the requisite number of review petitions:
new text end

new text begin (1) the Office of Administrative Hearings must notify the commissioner of the Pollution
Control Agency of this fact;
new text end

new text begin (2) the commissioner must not grant or deny a contested case petition filed by a local
government unit on the proposed action that is the subject of the petition or otherwise
proceed toward finalizing the proposed action until the Office of Administrative Hearings
denies the petition for independent expert review or, if the petition is granted, the
commissioner receives and considers the written opinion required under subdivision 5; and
new text end

new text begin (3) the Office of Administrative Hearings must not conduct the review required by
subdivision 2 until the office receives the written opinion required under subdivision 5.
new text end

new text begin Subd. 7. new text end

new text begin Chapter 14 requirements. new text end

new text begin Nothing in this section shall be construed to abrogate
or otherwise repeal any of the procedural requirements of chapter 14. Upon receiving a
written opinion according to subdivision 5, the commissioner of the Pollution Control
Agency and the Office of Administrative Hearings must make the opinion available to the
public for review and continue to follow all applicable provisions of chapter 14, including
public comment and hearing requirements.
new text end

new text begin Subd. 8. new text end

new text begin Timing of review petition submission. new text end

new text begin A review petition submitted to the
Office of Administrative Hearings must be submitted within the period for filing a contested
case petition or before expiration of the public comment period as noticed in the statement
of intent to adopt the rule, as applicable.
new text end

new text begin Subd. 9. new text end

new text begin Supplementing other law. new text end

new text begin The duties and procedures in this section are
supplementary and applicable to those set forth in section 14.091.
new text end

Sec. 99.

new text begin [115.542] NOTICE REQUIREMENTS FOR PUBLICLY OWNED
WASTEWATER TREATMENT FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (1) "permit" means a national pollutant discharge elimination system (NPDES) permit
or state disposal system (SDS) permit; and
new text end

new text begin (2) "permit applicant" means a person or entity submitting an application for a new
permit or renewal, modification, or revocation of an existing permit for a publicly owned
wastewater treatment facility.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin This section applies to all draft permits and permits for publicly
owned wastewater treatment facilities for which the commissioner of the Pollution Control
Agency makes a preliminary determination whether to issue or deny.
new text end

new text begin Subd. 3. new text end

new text begin Notice requirements. new text end

new text begin The commissioner of the Pollution Control Agency must
provide a permit applicant with a copy of the draft permit and any fact sheets required by
agency rules at least 30 days before the distribution and public notice of the permit application
and preliminary determination.
new text end

new text begin Subd. 4. new text end

new text begin Public comment period. new text end

new text begin The commissioner must prepare and issue a public
notice of a completed application and the commissioner's preliminary determination as to
whether the permit should be issued or denied. The public comment period must be at least
60 days for permit applications under this section.
new text end

Sec. 100.

Minnesota Statutes 2016, section 115B.41, subdivision 1, is amended to read:

Subdivision 1.

Allocation and recovery of costs.

(a) deleted text begin A person who deleted text end new text begin An owner or operator
that new text end is subject to the requirements in section 115B.40, subdivision 4 or 5, paragraph (b), is
responsible for all environmental response costs incurred by the commissioner at or related
to the facility until the date of notice of compliance under section 115B.40, subdivision 7.
The commissioner may use any funds available for closure, postclosure care, and response
action established by the owner or operator. If those funds are insufficient or if the owner
or operator fails to assign rights to them to the commissioner, the commissioner may seek
recovery of environmental response costs against the owner or operator in the county of
Ramsey or in the county where the facility is located or where the owner or operator resides.

(b) In an action brought under this subdivision in which the commissioner prevails, the
court shall award the commissioner reasonable attorney fees and other litigation expenses
incurred by the commissioner to bring the action. All costs, fees, and expenses recovered
under this subdivision must be deposited in the remediation fund established in section
116.155.

Sec. 101.

Minnesota Statutes 2016, section 115B.421, is amended to read:

115B.421 CLOSED LANDFILL INVESTMENT FUND.

The closed landfill investment fund is established in the state treasury. The fund consists
of money credited to the fund, and interest and other earnings on money in the fund.
Beginning July 1, 2003, funds must be deposited as described in section 115B.445. The
fund shall be managed to maximize long-term gain through the State Board of Investment.
Money in the fund may be spent by the commissioner after fiscal year 2020 in accordance
with sections 115B.39 to 115B.444 new text begin , and for costs incurred under agreements with indemnified
persons under section 115B.431 new text end .

Sec. 102.

new text begin [115B.431] INDEMNIFYING RESPONSIBLE PERSONS.
new text end

new text begin Subdivision 1. new text end

new text begin Indemnification. new text end

new text begin In the case of a qualified facility as defined in section
115B.39, subdivision 2, paragraph (l), clause (1), located in the city of Burnsville, when
the owner or operator has received notice under section 115B.40, subdivision 3, and within
15 years after receiving the notice has not entered into an agreement with the commissioner
of the Pollution Control Agency, the commissioner must enter into an indemnification
agreement with an eligible person under subdivision 2 who requests such indemnification,
under which the commissioner indemnifies the eligible person and holds the eligible person
harmless for:
new text end

new text begin (1) all legal responsibility liability or potential liability for environmental response costs
and natural resources damages related to the qualified facility, including any and all liability
and potential liability for legal and administrative costs and expenses incurred or to be
incurred by the state or federal government or reimbursed by the state or federal government;
new text end

new text begin (2) all legal liability or potential liability under the federal Comprehensive Environmental
Response, Compensation, and Liability Act related to the qualified facility including any
and all liability and potential liability for costs incurred by the federal government in cleaning
up the site and legal and administrative costs and expenses incurred or to be incurred by
the state or federal government or reimbursed by the state or federal government; and
new text end

new text begin (3) all legal liability or potential liability that has been asserted, could have been asserted,
or may be asserted in the future against the eligible person under state or federal law, common
law, or other legal theory related to the qualified facility including any claim by any person
or entity for contribution regarding any matters to which the indemnity applies.
new text end

new text begin Subd. 2. new text end

new text begin Eligible persons. new text end

new text begin (a) A person who is not an owner or operator of a qualified
facility is eligible to enter into an indemnification agreement with the commissioner provided
the person agrees to:
new text end

new text begin (1) waive all claims for environmental response costs related to the facility against all
persons other than the owner or operator;
new text end

new text begin (2) provide the commissioner with a copy of all applicable comprehensive general
liability insurance policies and other liability insurance policies relating to property damage,
certificates, or other evidence of insurance coverage held during the life of the facility; and
new text end

new text begin (3) enter into a binding agreement with the commissioner to take any actions necessary
to preserve the person's rights to payment or defense under insurance policies, cooperate
with the commissioner in asserting the claims under the policies, and assign those rights
under the policies related to environmental response costs.
new text end

new text begin (b) For purposes of this subdivision, "insurance" has the meaning given in section 60A.02,
subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Recovery for illegal actions. new text end

new text begin The indemnification of eligible persons under
this section does not prevent the commissioner from recovering costs for illegal actions at
qualified facilities as provided in section 115B.402.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner's duties. new text end

new text begin (a) In consideration of the indemnitee's agreement to
enter into an agreement under this section, the commissioner must not sue or take
administrative action against the indemnitee, must agree to indemnify and hold the indemnitee
harmless and defend the indemnitee against all claims or liability for state or federal
environmental response actions at the qualified facility that is the subject of the agreement
and claims made by a responsible person or group of responsible persons under state or
federal law for payment of response costs and related costs at the qualified facility.
new text end

new text begin (b) To the extent allowed under applicable law, a person who enters into an
indemnification agreement under this section is not liable for claims for contribution
regarding matters addressed in the agreement. As a condition of the agreement, the person
must waive the person's rights to seek contribution for any amounts paid on the person's
behalf under the agreement. This section does not limit the state's ability to seek contribution
on the person's behalf.
new text end

Sec. 103.

Minnesota Statutes 2016, section 115C.021, subdivision 1, is amended to read:

Subdivision 1.

General rule.

Except as provided in subdivisions 2 to deleted text begin 4 deleted text end new text begin 5 new text end , a person is
responsible for a release from a tank if the person is an owner or operator of the tank at any
time during or after the release.

Sec. 104.

Minnesota Statutes 2016, section 115C.021, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Heating fuel oil vendor. new text end

new text begin A heating fuel oil vendor is not a responsible person
for a heating fuel oil release at a residential location if the release was caused solely by the
failure of a tank owned by the homeowner.
new text end

Sec. 105.

Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read:

Subd. 2b.

Permitting efficiency.

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

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

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

(d) deleted text begin Beginning July 1, 2011, deleted text end Within 30 business days of application for a permit subject
to paragraph (a), the commissioner of the Pollution Control Agency shall notify the deleted text begin project
proposer deleted text end new text begin permit applicant new text end , in writing, whether the application is complete or incomplete. If
the commissioner determines that an application is incomplete, the notice to the applicant
must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
and advise the applicant on how the deficiencies can be remedied. If the commissioner
determines that the application is complete, the notice must confirm the application's Tier
1 or Tier 2 permit status new text begin and, upon request of the permit applicant of an individual Tier 2
permit, provide the permit applicant with a schedule for reviewing the permit application new text end .
This paragraph does not apply to an application for a permit that is subject to a grant or loan
agreement under chapter 446A.

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

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

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

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

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

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

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

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

(iii) business schedule for project completion; and

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

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

(i) an overview of the permit review program;

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

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

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

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

(g) The applicant may select a permit professional to undertake the preparation of the
permit application and draft permit.

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

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

(j) Nothing in this section shall be construed to modify:

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

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

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

Sec. 106.

Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Draft permits; public notice. new text end

new text begin When public notice of a draft individual Tier 2
permit is required, the commissioner must issue the notice with the draft permit within 150
days of receiving a completed permit application unless the permit applicant and the
commissioner mutually agree to a different date. Upon request of the permit applicant, the
commissioner must provide a copy of the draft permit to the permit applicant and consider
comments on the draft permit from the permit applicant before issuing the public notice.
new text end

Sec. 107.

Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Clean Air Act settlement money. new text end

new text begin "Clean Air Act settlement money" means
money received by or required to be paid to the state as a result of litigation or settlements
of alleged violations of the federal Clean Air Act, United States Code, title 42, section 7401
et seq., or rules adopted thereunder, by an automobile manufacturer. Clean Air Act settlement
money may not be spent until it is specifically appropriated by law.
new text end

Sec. 108.

Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read:

Subd. 4d.

Permit fees.

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

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

(c) The agency shall set fees that:

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

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

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

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

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

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

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

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

Sec. 109.

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

new text begin Subd. 13. new text end

new text begin Irrevocability, suspensions, or expiration of permits; environmental
review. new text end

new text begin If, by July 1 of an odd-numbered year, legislation has not been enacted to appropriate
money to the commissioner of the Pollution Control Agency for environmental review and
permitting activities of the agency:
new text end

new text begin (1) a permit granted by the commissioner may not be terminated or suspended for the
term of the permit nor shall it expire without the consent of the permittee, except for breach
or nonperformance of any condition of the permit by the permittee that is an imminent threat
to impair or destroy the environment or injure the health, safety, or welfare of the citizens
of the state; and
new text end

new text begin (2) environmental review and permit application work on environmental review and
permits filed before July 1 of that year must not be suspended or terminated.
new text end

new text begin (b) Paragraph (a), clause (1), applies until legislation appropriating money to the
commissioner for the environmental review and permitting activities is enacted.
new text end

Sec. 110.

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

new text begin Subd. 14. new text end

new text begin Unadopted rules. new text end

new text begin The commissioner of the Pollution Control Agency must
not seek to implement in a permit or enforce a penalty based upon an agency policy,
guideline, bulletin, criterion, manual standard, interpretive statement, or similar
pronouncement if the policy, guideline, bulletin, criterion, manual standard, interpretive
standard, or pronouncement has not been adopted under the rulemaking process under
chapter 14. In any proceeding under section 14.381, the commissioner has the burden of
proving the action is not prohibited.
new text end

Sec. 111.

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

new text begin Subd. 15. new text end

new text begin Limitation regarding certain policies, guidelines, and other interpretive
statements. new text end

new text begin (a) The commissioner of the Pollution Control Agency must not seek to
implement or enforce against any person a policy, guideline, or other interpretive statement
that meets the definition of a rule under section 14.02, subdivision 4, if the policy, guideline,
or other interpretive statement has not been adopted as a rule according to chapter 14. In
any proceeding under chapter 14 challenging agency action prohibited by this subdivision,
the reviewing authority must independently and without deference to the agency determine
whether the agency violated this subdivision. The agency must overcome the presumption
that the agency action may not be enforced as a rule.
new text end

new text begin (b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion,
manual standard, interpretive statement, or similar pronouncement into a statute, rule, or
standard, the commissioner must follow the rulemaking process provided under chapter 14
to amend or revise the guideline, bulletin, criterion, manual standard, interpretive statement,
or similar pronouncement.
new text end

Sec. 112.

Minnesota Statutes 2016, section 116.0714, is amended to read:

116.0714 NEW OPEN AIR SWINE BASINS.

The commissioner of the Pollution Control Agency or a county board shall not approve
any permits for the construction of new open air swine basins, except that existing facilities
may use one basin of less than 1,000,000 gallons as part of a permitted waste treatment
program for resolving pollution problems or to allow conversion of an existing basin of less
than 1,000,000 gallons to a different animal type, provided all standards are met. This section
expires June 30, deleted text begin 2017 deleted text end new text begin 2022 new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 113.

Minnesota Statutes 2016, section 116C.03, subdivision 2, is amended to read:

Subd. 2.

Membership.

The members of the board are the commissioner of administration,
the commissioner of commerce, the commissioner of the Pollution Control Agency, the
commissioner of natural resources, the commissioner of agriculture, the commissioner of
health, the commissioner of employment and economic development, the commissioner of
transportation, new text begin and new text end the chair of the Board of Water and Soil Resources deleted text begin , and a representative
of the governor's office designated by the governor deleted text end . The governor shall appoint deleted text begin five deleted text end new text begin eight new text end
members from the general public to the board new text begin , one from each congressional district new text end , subject
to the advice and consent of the senate. deleted text begin At least two of deleted text end The deleted text begin five deleted text end public members must have
knowledge of and be conversant in deleted text begin water management issues in the state deleted text end new text begin environmental
review or permitting new text end . Notwithstanding the provisions of section 15.06, subdivision 6,
members of the board may not delegate their powers and responsibilities as board members
to any other person.

Sec. 114.

Minnesota Statutes 2016, section 116C.04, subdivision 2, is amended to read:

Subd. 2.

Jurisdiction.

deleted text begin (a) The board shall determine which environmental problems of
interdepartmental concern to state government shall be considered by the board. The board
shall initiate interdepartmental investigations into those matters that it determines are in
need of study. Topics for investigation may include but need not be limited to future
population and settlement patterns, air and water resources and quality, solid waste
management, transportation and utility corridors, economically productive open space,
energy policy and need, growth and development, and land use planning.
deleted text end

deleted text begin (b) The board shall review programs of state agencies that significantly affect the
environment and coordinate those it determines are interdepartmental in nature, and insure
agency compliance with state environmental policy.
deleted text end

deleted text begin (c) deleted text end The board may review environmental rules and criteria for granting and denying
permits by state agencies and may resolve conflicts involving state agencies with regard to
programs, rules, permits and procedures significantly affecting the environment, provided
that such resolution of conflicts is consistent with state environmental policy.

deleted text begin (d) State agencies shall submit to the board all proposed legislation of major significance
relating to the environment and the board shall submit a report to the governor and the
legislature with comments on such major environmental proposals of state agencies.
deleted text end

Sec. 115.

Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:

Subd. 2a.

When prepared.

new text begin (a) new text end Where there is potential for significant environmental
effects resulting from any major governmental action, the action shall be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement shall be an analytical rather than an encyclopedic
document which describes the proposed action in detail, analyzes its significant environmental
impacts, discusses appropriate alternatives to the proposed action and their impacts, and
explores methods by which adverse environmental impacts of an action could be mitigated.
The environmental impact statement shall also analyze those economic, employment, and
sociological effects that cannot be avoided should the action be implemented. To ensure its
use in the decision-making process, the environmental impact statement shall be prepared
as early as practical in the formulation of an action.

deleted text begin (a) deleted text end new text begin (b) new text end The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be prepared
as well as categories of actions for which no environmental review is required under this
section. A mandatory environmental assessment worksheet deleted text begin shall deleted text end new text begin is new text end not deleted text begin be deleted text end required for the
expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b),
or the conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol
facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded
or converted facility to produce alcohol fuel, but must be required if the ethanol plant or
biobutanol facility meets or exceeds thresholds of other categories of actions for which
environmental assessment worksheets must be prepared. The responsible governmental unit
for an ethanol plant or biobutanol facility project for which an environmental assessment
worksheet is prepared deleted text begin shall be deleted text end new text begin is new text end the state agency with the greatest responsibility for
supervising or approving the project as a whole.

new text begin (c) new text end A mandatory environmental impact statement deleted text begin shall deleted text end new text begin is new text end not deleted text begin be deleted text end required for a facility
or plant located outside the seven-county metropolitan area that produces less than
125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less
than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined
in section 41A.15, subdivision 2d; or a cellulosic biofuel facility. A facility or plant that
only uses a cellulosic feedstock to produce chemical products for use by another facility as
a feedstock deleted text begin shall deleted text end new text begin is new text end not deleted text begin be deleted text end considered a fuel conversion facility as used in rules adopted
under this chapter.

deleted text begin (b) deleted text end new text begin (d) new text end The responsible governmental unit shall promptly publish notice of the completion
of an environmental assessment worksheet by publishing the notice in at least one newspaper
of general circulation in the geographic area where the project is proposed, by posting the
notice on a Web site that has been designated as the official publication site for publication
of proceedings, public notices, and summaries of a political subdivision in which the project
is proposed, or in any other manner determined by the board and shall provide copies of
the environmental assessment worksheet to the board and its member agencies. Comments
on the need for an environmental impact statement may be submitted to the responsible
governmental unit during a 30-day period following publication of the notice that an
environmental assessment worksheet has been completed. The responsible governmental
unit's decision on the need for an environmental impact statement shall be based on the
environmental assessment worksheet and the comments received during the comment period,
and shall be made within 15 days after the close of the comment period. The board's chair
may extend the 15-day period by not more than 15 additional days upon the request of the
responsible governmental unit.

deleted text begin (c) deleted text end new text begin (e) new text end An environmental assessment worksheet shall also be prepared for a proposed
action whenever material evidence accompanying a petition by not less than 100 individuals
who reside or own property in the state, submitted before the proposed project has received
final approval by the appropriate governmental units, demonstrates that, because of the
nature or location of a proposed action, there may be potential for significant environmental
effects. Petitions requesting the preparation of an environmental assessment worksheet shall
be submitted to the board. The chair of the board shall determine the appropriate responsible
governmental unit and forward the petition to it. A decision on the need for an environmental
assessment worksheet shall be made by the responsible governmental unit within 15 days
after the petition is received by the responsible governmental unit. The board's chair may
extend the 15-day period by not more than 15 additional days upon request of the responsible
governmental unit.

deleted text begin (d) deleted text end new text begin (f) new text end Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:

(1) the proposed action is:

(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or

(ii) an expansion of an existing animal feedlot facility with a total cumulative capacity
of less than 1,000 animal units;

(2) the application for the animal feedlot facility includes a written commitment by the
proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and

(3) the county board holds a public meeting for citizen input at least ten business days
deleted text begin prior to deleted text end new text begin before new text end the Pollution Control Agency or county issuing a feedlot permit for the
animal feedlot facility unless another public meeting for citizen input has been held with
regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition
to other exemptions provided under other law and rules of the board.

deleted text begin (e) deleted text end new text begin (g) new text end The board may, deleted text begin prior to deleted text end new text begin before new text end final approval of a proposed project, require
preparation of an environmental assessment worksheet by a responsible governmental unit
selected by the board for any action where environmental review under this section has not
been specifically provided for by rule or otherwise initiated.

deleted text begin (f) deleted text end new text begin (h) new text end An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impacts deleted text begin , which deleted text end new text begin that new text end , because of the nature or
location of the project, have the potential for significant environmental effects. The same
process shall be utilized to determine the form, content new text begin , new text end and level of detail of the statement
as well as the alternatives deleted text begin which deleted text end new text begin that new text end are appropriate for consideration in the statement. In
addition, the permits deleted text begin which deleted text end new text begin that new text end will be required for the proposed action shall be identified
during the scoping process. Further, the process shall identify those permits for which
information will be developed concurrently with the environmental impact statement. The
board shall provide in its rules for the expeditious completion of the scoping process. The
determinations reached in the process shall be incorporated into the order requiring the
preparation of an environmental impact statement.

deleted text begin (g) deleted text end new text begin (i) new text end The responsible governmental unit shall, to the extent practicable, avoid duplication
and ensure coordination between state and federal environmental review and between
environmental review and environmental permitting. Whenever practical, information
needed by a governmental unit for making final decisions on permits or other actions required
for a proposed project shall be developed in conjunction with the preparation of an
environmental impact statement. When an environmental impact statement is prepared for
a project requiring multiple permits for which two or more agencies' decision processes
include either mandatory or discretionary hearings before a hearing officer deleted text begin prior to deleted text end new text begin before new text end
the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to
the contrary, conduct the hearings in a single consolidated hearing process if requested by
the proposer. All agencies having jurisdiction over a permit that is included in the
consolidated hearing shall participate. The responsible governmental unit shall establish
appropriate procedures for the consolidated hearing process, including procedures to ensure
that the consolidated hearing process is consistent with the applicable requirements for each
permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest
applicable hearing procedure to initiate the hearing. new text begin All agencies having jurisdiction over
a permit identified in the draft environmental impact statement must accept and begin
reviewing any permit application upon publication of the notice of preparation of the
environmental impact statement.
new text end

deleted text begin (h) deleted text end new text begin (j) new text end An environmental impact statement shall be prepared and its adequacy determined
within 280 days after notice of its preparation unless the time is extended by consent of the
parties or by the governor for good cause. The responsible governmental unit shall determine
the adequacy of an environmental impact statement, unless within 60 days after notice is
published that an environmental impact statement will be prepared, the board chooses to
determine the adequacy of an environmental impact statement. If an environmental impact
statement is found to be inadequate, the responsible governmental unit shall have 60 days
to prepare an adequate environmental impact statement.

deleted text begin (i) deleted text end new text begin (k) new text end The proposer of a specific action may include in the information submitted to the
responsible governmental unit a preliminary draft environmental impact statement under
this section on that action for review, modification, and determination of completeness and
adequacy by the responsible governmental unit. A preliminary draft environmental impact
statement prepared by the project proposer and submitted to the responsible governmental
unit shall identify or include as an appendix all studies and other sources of information
used to substantiate the analysis contained in the preliminary draft environmental impact
statement. The responsible governmental unit shall require additional studies, if needed,
and obtain from the project proposer all additional studies and information necessary for
the responsible governmental unit to perform its responsibility to review, modify, and
determine the completeness and adequacy of the environmental impact statement.

Sec. 116.

Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read:

Subd. 10.

Review.

A person aggrieved by a final decision on the need for an
environmental assessment worksheet, the need for an environmental impact statement, or
the adequacy of an environmental impact statement is entitled to judicial review of the
decision under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved
person for judicial review under sections 14.63 to 14.68 must be filed with the Court of
Appeals and served on the responsible governmental unit not more than deleted text begin 30 deleted text end new text begin 45 new text end days after
the deleted text begin party receives the final decision and order of the deleted text end responsible governmental unit new text begin provides
notice of the decision as required by law new text end . Proceedings for review under this section must
be instituted by serving a petition for a writ of certiorari personally or by certified mail upon
the responsible governmental unit and by promptly filing the proof of service in the Office
of the Clerk of the Appellate Courts and the matter will proceed in the manner provided by
the Rules of Civil Appellate Procedure. A copy of the petition must be provided to the
attorney general at the time of service. Copies of the writ must be served, personally or by
certified mail, upon the responsible governmental unit and the project proposer. The filing
of the writ of certiorari does not stay the enforcement of any other governmental action,
provided that the responsible governmental unit may stay enforcement or the Court of
Appeals may order a stay upon terms it deems proper. A bond may be required under section
562.02 unless at the time of hearing on the application for the bond the petitioner-relator
has shown that the claim is likely to succeed on the merits. The board may initiate judicial
review of decisions referred to herein and the board or a project proposer may intervene as
of right in any proceeding brought under this subdivision.

Sec. 117.

Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:

Subdivision 1.

Assessment.

The board deleted text begin shall deleted text end new text begin must new text end by rule adopt procedures to new text begin :
new text end

new text begin (1) new text end assess the proposer of a specific action for new text begin the responsible government unit's new text end
reasonable costs of preparing, reviewing, and distributing the environmental impact statement.
The costs deleted text begin shall deleted text end new text begin must new text end be determined by the responsible governmental unit deleted text begin pursuant deleted text end new text begin according new text end
to the rules deleted text begin promulgated deleted text end new text begin adopted new text end by the board deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) authorize a proposer of a specific action to prepare a draft environmental impact
statement for that action for submission to and review, modification, and determination of
completeness and adequacy by the responsible governmental unit.
new text end

Sec. 118.

Minnesota Statutes 2016, section 160.06, is amended to read:

160.06 TRAIL OR PORTAGE DEDICATION.

Any trail or portage between public or navigable bodies of water or from public or
navigable water to a public highway in this state deleted text begin which deleted text end new text begin that new text end has been in continued and
uninterrupted use by the general public for 15 years or more as a trail or portage for the
purposes of travel, deleted text begin shall be deleted text end new text begin is new text end deemed to have been dedicated to the public as a trail or
portage. This section deleted text begin shall apply deleted text end new text begin applies new text end only to forest trails on established deleted text begin state water trails deleted text end new text begin
canoe routes new text end and the public deleted text begin shall have deleted text end new text begin has new text end the right to use the same for deleted text begin the purposes of deleted text end travel
to the same extent as public highways. The width of all trails and portages dedicated by
user deleted text begin shall be deleted text end new text begin is new text end eight feet on each side of the centerline of the trail or portage.

Sec. 119.

Minnesota Statutes 2016, section 168.1295, subdivision 1, is amended to read:

Subdivision 1.

General requirements and procedures.

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

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

(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;

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

(4) pays the fees required under this chapter;

(5) contributes a minimum of deleted text begin $50 deleted text end new text begin $60 new text end annually to the state parks and trails donation
account established in section 85.056; and

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

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

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

Sec. 120.

Minnesota Statutes 2016, section 296A.18, subdivision 6a, is amended to read:

Subd. 6a.

Computation of nonhighway use amounts.

The nonhighway use amounts
determined in subdivisions 2 to 6 must be transferred from the highway user tax distribution
fund to the accounts as provided for in sections 84.794, 84.803, 84.83, 84.927, and 86B.706.
These amounts, together with interest and penalties for delinquency in payment, paid or
collected pursuant to the provisions of this chapter, must be computed for each six-month
period ending June 30 and December 31 and must be transferred on November 1 and deleted text begin June deleted text end new text begin
April new text end 1 following each six-month period.

Sec. 121.

Laws 2013, chapter 114, article 4, section 105, is amended to read:

Sec. 105. RULES; SILICA SAND.

(a) The commissioner of the Pollution Control Agency deleted text begin shall deleted text end new text begin may new text end adopt rules pertaining
to the control of particulate emissions from silica sand projects. The rulemaking is exempt
from Minnesota Statutes, section 14.125.

(b) The commissioner of natural resources shall adopt rules pertaining to the reclamation
of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section 14.125.

(c) By January 1, 2014, the Department of Health shall adopt an air quality health-based
value for silica sand.

(d) The Environmental Quality Board deleted text begin shall deleted text end new text begin may new text end amend its rules for environmental
review, adopted under Minnesota Statutes, chapter 116D, for silica sand mining and
processing to take into account the increased activity in the state and concerns over the size
of specific operations. The Environmental Quality Board shall consider whether the
requirements of Minnesota Statutes, section 116C.991, should remain part of the
environmental review requirements for silica sand and whether the requirements should be
different for different geographic areas of the state. The rulemaking is exempt from Minnesota
Statutes, section 14.125.

Sec. 122.

Laws 2015, First Special Session chapter 4, article 4, section 136, is amended
to read:

Sec. 136. WILD RICE WATER QUALITY STANDARDS.

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

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

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

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

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

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

(c) The commissioner shall complete the rulemaking described in paragraph (a) by
January 15, deleted text begin 2018 deleted text end new text begin 2019 new text end .

Sec. 123.

Laws 2016, chapter 189, article 3, section 46, is amended to read:

Sec. 46. PRESCRIBED BURN REQUIREMENTS; REPORT.

The commissioner of natural resources, in cooperation with prescribed burning
professionals, nongovernmental organizations, and local and federal governments, must
develop criteria for certifying an entity to conduct a prescribed burn under deleted text begin a general deleted text end new text begin an open
burning new text end permit. The certification requirements must include training, equipment, and
experience requirements and include an apprentice program to allow entities without
experience to become certified. The commissioner must establish provisions for decertifying
entities. The commissioner must not require additional certification or requirements for
burns conducted as part of normal agricultural practices not currently subject to prescribed
burn specifications. The commissioner must submit a report with recommendations and
any legislative changes needed to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over environment and
natural resources by January 15, 2017.

Sec. 124. new text begin DEMOLITION DEBRIS LANDFILL PERMITTING.
new text end

new text begin A solid waste permit issued by the Pollution Control Agency to an existing class I
demolition debris landfill facility that is operating under the Pollution Control Agency
Demolition Landfill Guidance, issued August 2005, is extended pursuant to Minnesota
Rules, part 7001.0160, for five years, unless a new permit is issued for the facility by the
Pollution Control Agency after the effective date of this section.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 125. new text begin ENVIRONMENTAL QUALITY BOARD MEMBERSHIP TRANSITION.
new text end

new text begin (a) Until the governor has appointed members of the Environmental Quality Board from
each congressional district as required under this act, this section governs membership of
the board.
new text end

new text begin (b) The citizen members of the board as of July 1, 2017, shall continue to serve until the
expiration of their terms.
new text end

new text begin (c) No later than October 1, 2017, the governor shall appoint board members from the
first, second, seventh, and eighth congressional districts for terms to begin January 2, 2018.
new text end

new text begin (d) No later than October 1, 2018, the governor shall appoint a board member from the
third congressional district for a term to begin January 8, 2019.
new text end

new text begin (e) No later than October 1, 2019, the governor shall appoint a board member from the
fourth congressional district for a term to begin January 7, 2020.
new text end

new text begin (f) No later than October 1, 2020, the governor shall appoint a board member from the
fifth congressional district for a term to begin January 5, 2021.
new text end

new text begin (g) No later than October 1, 2021, the governor shall appoint a commissioner from the
sixth congressional district for a term to begin January 4, 2022.
new text end

Sec. 126. new text begin SAND DUNES STATE FOREST MANAGEMENT; PLAN REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Forest management. new text end

new text begin When managing the Sand Dunes State Forest, the
commissioner of natural resources must:
new text end

new text begin (1) not convert additional land to oak savanna or convert oak savanna to nonforest land
unless it is done as a result of a contract entered into before the effective date of this section;
new text end

new text begin (2) require all prairie seeds planted to be from native species of a local ecotype to
Sherburne or Benton County; and
new text end

new text begin (3) comply with the Minnesota Forest Resources Council's guidelines for aesthetics in
residential areas.
new text end

new text begin Subd. 2. new text end

new text begin Forest management plan; county approval. new text end

new text begin Within two years of the effective
date of this section, the commissioner must develop and submit a forest management plan
for the Sand Dunes State Forest that has been approved by the county board to the chairs
and ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over environment and natural resources.
new text end

new text begin Subd. 3. new text end

new text begin Prescribed burns; notification. new text end

new text begin At least 40 days before conducting a prescribed
burn, the commissioner must:
new text end

new text begin (1) publish a notice in a newspaper of general circulation in the area;
new text end

new text begin (2) notify the county and township in writing; and
new text end

new text begin (3) notify residents within a quarter mile of the prescribed burn in writing.
new text end

new text begin Subd. 4. new text end

new text begin School trust lands. new text end

new text begin Nothing in this section restricts the ability of the
commissioner or the school trust lands director from managing school trust lands within
the Sand Dunes State Forest for economic return.
new text end

new text begin Subd. 5. new text end

new text begin Township road. new text end

new text begin If the commissioner of natural resources finds that any portion
of 233rd Avenue within the Sand Dunes State Forest is not owned by the township, the
commissioner must convey an easement over and across state-owned lands administered
by the commissioner to the township under Minnesota Statutes, section 84.63, for the width
of 233rd Avenue.
new text end

new text begin Subd. 6. new text end

new text begin Sunset. new text end

new text begin This section expires two years from the day following final enactment.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 127. new text begin FORT RIDGELY STATE PARK GOLF COURSE.
new text end

new text begin (a) By May 1, 2017, the commissioner of natural resources must work out an agreement
with the city of Fairfax that allows the city to lease and operate the golf course at Fort
Ridgely State Park. The agreement must include:
new text end

new text begin (1) lease and operation of the existing golf course;
new text end

new text begin (2) lease of the irrigation system, including the ability to maintain and repair it;
new text end

new text begin (3) lease of the upper level of the Fort Ridgely State Park Chalet;
new text end

new text begin (4) lease of Storage Building 4-292;
new text end

new text begin (5) the ability for golf carts to be used by users of the golf course;
new text end

new text begin (6) the ability to offer liquor for sale;
new text end

new text begin (7) public access to the golf course without requiring a state park permit;
new text end

new text begin (8) the ability to improve the golf course, including improvements to golf-cart paths and
the chalet; and
new text end

new text begin (9) terms that ensure there is not a negative fiscal impact to the Department of Natural
Resources.
new text end

new text begin (b) The agreement must allow the city to lease the golf course for 12 months and renew
the lease annually for at least ten years. The rental fee must not exceed eight percent of the
total green fees received, excluding golf-cart rental fees. The commissioner must ensure
that the golf course has a playable surface when the lease begins and the city of Fairfax
must ensure the golf course has a playable surface should the lease expire.
new text end

new text begin (c) Admission to property leased under this section is exempt from state park permit
fees required under Minnesota Statutes, chapter 85.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 128. new text begin HILL-ANNEX MINE STATE PARK MANAGEMENT AND OPERATION
PLAN.
new text end

new text begin The commissioner of natural resources must work with the commissioner of the Iron
Range Resources and Rehabilitation Board and representatives from the city of Calumet,
Itasca County, and the Western Mesabi Mine Planning Board to create an alternate operating
model for local management and operation of Hill-Annex Mine State Park until mining
resumes on the property. The commissioner of natural resources must submit a management
and operation plan to the chairs and ranking minority members of the house of representatives
and senate committees and divisions with jurisdiction over environment and natural resources
by January 15, 2018.
new text end

Sec. 129. new text begin BASE BUDGET REPORT.
new text end

new text begin (a) The commissioners of natural resources and the Pollution Control Agency must each
submit a report that contains the details of their base budgets, by fiscal year, including:
new text end

new text begin (1) appropriation riders for the previous biennium and the year the rider was first used;
new text end

new text begin (2) anticipated appropriation riders for the fiscal years 2020-2021 biennium;
new text end

new text begin (3) statutory appropriations; and
new text end

new text begin (4) an explanation on the use of funds for each appropriation not covered by a rider.
new text end

new text begin (b) The reports must be submitted to the chairs and ranking minority members of the
house of representatives and senate committees and divisions with jurisdiction over
environment and natural resources by October 15, 2018.
new text end

Sec. 130. new text begin RULEMAKING; MINNOW LICENSES.
new text end

new text begin The commissioner of natural resources shall amend Minnesota Rules, part 6254.0100,
subpart 2, to conform with Minnesota Statutes, section 97C.501, subdivision 1. The
commissioner may use the good cause exemption under Minnesota Statutes, section 14.388,
subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section
14.386, does not apply, except as provided under Minnesota Statutes, section 14.388.
new text end

Sec. 131. new text begin CANCELLATION OF PERMITS.
new text end

new text begin Water-use permits issued before July 1, 2017, for water use exempted under Minnesota
Statutes, section 103G.271, subdivision 1, paragraph (b), clause (3), are canceled effective
July 1, 2017.
new text end

Sec. 132. new text begin RULEMAKING; EFFLUENT LIMITATION COMPLIANCE.
new text end

new text begin (a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
part 7001.0150, subpart 2, item A, by inserting the following:
new text end

new text begin "For a municipality that constructs a publicly owned treatment works facility or an industrial
national pollutant discharge elimination system/state disposal system permit holder who
constructs a treatment works facility to comply with a new or modified effluent limitation,
compliance with any new or modified effluent limitation adopted after construction begins
that would require additional capital investment is required no sooner than 16 years after
the date of initiation of operation of the facility."
new text end

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

Sec. 133. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5;
97C.701, subdivisions 1a and 6; 97C.705; 97C.711; and 116C.04, subdivisions 3 and 4, new text end new text begin are
repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500;
6258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H0888-2

84.026 CONTRACTS AND GRANTS FOR PROVISION OF NATURAL RESOURCES SERVICES.

Subd. 3.

Procurement law.

All contractual and grant agreements under this section shall be processed according to section 16C.05.

97B.031 USE AND POSSESSION OF FIREARMS.

Subd. 5.

Scopes; visually impaired hunters.

(a) Notwithstanding any other law to the contrary, the commissioner may issue a special permit, without a fee, to use a muzzleloader with a scope to take deer during the muzzleloader season to a person who is under age 60, who obtains the required licenses, and who has a visual impairment. The scope may not have magnification capabilities.

(b) The visual impairment must be to the extent that the applicant is unable to identify targets and the rifle sights at the same time without a scope. The visual impairment and specific conditions must be established by medical evidence verified in writing by (1) a licensed physician or a certified nurse practitioner or certified physician assistant acting under the direction of a licensed physician; (2) a licensed ophthalmologist; or (3) a licensed optometrist. The commissioner may request additional information from the physician if needed to verify the applicant's eligibility for the permit.

(c) A permit issued under this subdivision may be valid for up to five years, based on the permanence of the visual impairment as determined by the licensed physician, ophthalmologist, or optometrist.

(d) The permit must be in the immediate possession of the permittee when hunting under the special permit.

(e) The commissioner may deny, modify, suspend, or revoke a permit issued under this subdivision for cause, including a violation of the game and fish laws or rules.

(f) A person who knowingly makes a false application or assists another in making a false application for a permit under this subdivision is guilty of a misdemeanor. A physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or optometrist who fraudulently certifies to the commissioner that a person is visually impaired as described in this subdivision is guilty of a misdemeanor.

(g) A permit is not required under this subdivision to use an electronic range finder according to section 97B.081, subdivision 3, paragraph (c).

97C.701 TAKING MUSSELS.

Subd. 1a.

Handpicking required.

A person may only harvest mussels by handpicking.

Subd. 6.

Possession, sale, and transportation.

Mussels and clams may be possessed, bought, sold, and transported in any quantity during the open season and seven days after the season closes.

97C.705 MUSSEL SEASONS.

Subdivision 1.

Open seasons.

(a) The open season for taking mussels is from May 16 to the last day of February.

(b) The commissioner may by rule restrict the open season for taking mussels for commercial purposes.

Subd. 2.

Closed areas.

The commissioner may close up to 50 percent of the mussel-producing waters of the state to the taking of mussels.

97C.711 UNDERSIZED MUSSELS.

A person must return undersized mussels to the water without injury.

116C.04 POWERS AND DUTIES.

Subd. 3.

Cooperation.

The board shall cooperate with regional development commissions in appropriate matters of environmental concern.

Subd. 4.

Task forces.

The board may establish interdepartmental or citizen task forces or subcommittees to study particular problems.

Repealed Minnesota Rule: H0888-2

6258.0100 SEASON FOR HARVESTING MUSSEL SHELLS FOR PERSONAL USE.

Live mussels may not be harvested for personal use. During the open season, a person possessing a valid resident or nonresident angling license or a person exempt from licensing may take and possess at any time, for personal use only, not more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may be harvested in waters of the state where fish may be taken by angling. Mussel shells must be harvested by hand picking only and may not be purchased or sold.

6258.0200 SEASON TO COMMERCIALLY HARVEST MUSSELS BY PERMIT.

Subpart 1.

Open season for commercially harvesting mussels.

The open season for taking mussels is May 16 through August 31.

Subp. 2.

Allowed times for harvesting.

Mussels may be harvested from sunrise to sunset only.

6258.0300 COMMERCIAL PERMITS FOR MUSSELS.

Subpart 1.

Commercial permit required.

A person may not take, possess, buy, sell, or transport live freshwater mussels or more than 24 whole shells or 48 shell halves of dead freshwater mussels, or assist another person in such taking, without first obtaining a commercial mussel permit from the commissioner.

Subp. 2.

Commercial permit issuance.

Commercial mussel permits may be issued subject to the criteria in items A to C.

A.

Applications must be submitted to the local area or regional fisheries office on forms provided by the commissioner.

B.

Approved permits will be issued only to Minnesota residents who possess a valid Minnesota resident angling license or who are exempt from licensing.

C.

Application forms must be signed by the applicant. All requested information must be provided. Failure to properly and fully complete an application form will result in its rejection.

Subp. 3.

Commercial permit duration.

A commercial mussel permit may be issued annually and may be issued for periods shorter than one season, at the discretion of the commissioner.

Subp. 4.

Commercial permit termination to protect resource.

The commissioner may terminate a commercial mussel permit upon 48 hours' written notice to protect aquatic resources.

6258.0400 SPECIES FOR COMMERCIAL HARVEST.

Only three ridge (Amblema plicata) mussels may be harvested under a commercial mussel permit. Additional species may be requested for harvest from specific sites by special permit. Three ridge mussels may lawfully be harvested, as live whole mussels or shell halves, provided that they cannot pass through a three-inch diameter hole.

6258.0500 HARVEST SITES FOR PERMITTEES.

Subpart 1.

Identification of mussel harvest sites.

Mussel harvest sites must be identified in the application and permit by legal description or in other defining terms as needed to accurately locate the area.

Subp. 2.

Harvesting restricted outside of permitted site.

The taking of mussels by a permittee from a place outside the permitted harvest site is prohibited.

Subp. 3.

Harvesting prohibited on certain border waters.

Mussel harvesting is not permitted on the Minnesota-Wisconsin border waters described in part 6266.0500, subpart 1.

6258.0600 HARVEST GEAR FOR PERMITTEES.

Mussels may be taken only by hand picking with or without aid of breathing apparatus.

6258.0700 PERMITTEE HARVEST OPERATIONS.

Subpart 1.

Notice of harvest operations.

To ensure compliance with permit conditions, the commissioner may require the permittee to inform the local area fisheries office and conservation officer 24 hours in advance of any intended mussel harvest operations. Changes in location or dates may require an additional notification.

6258.0700 PERMITTEE HARVEST OPERATIONS.

Subp. 4.

Return of undersized mussels or shells.

Undersized three ridge mussels or unlawful mussel shells, live or dead, must be returned immediately to the water at the site where taken.

6258.0700 PERMITTEE HARVEST OPERATIONS.

Subp. 5.

Restriction on harvesting mussels near dams.

Harvesting of mussels may not occur within 1,000 feet downstream of a dam.

6258.0800 PERMITTEE REPORTS, RECORDS, AND INSPECTIONS.

Subpart 1.

Required records.

A permittee must keep records of each mussel sales transaction. The records must be verifiable with supporting sales slips and include:

A.

pounds of mussels sold;

B.

name and address of the buyer; and

C.

date of transaction.

Records must be kept current within 48 hours of each transaction. Failure to keep complete and current records may result in immediate revocation of the permit and may render the permittee ineligible for permits for one year. All records must be maintained and available for inspection, at the permittee's address, for three years.

Subp. 2.

Required reports.

A permittee must submit reports monthly while the permit is valid on forms provided by the commissioner. Reports for the previous month must be submitted by the permittee to the address identified on the form so that they are received by the department by the 15th of each month even if no harvest activity took place. All information requested on the report must be provided. Failure to submit required reports may result in revocation of the existing permit and may render the permittee ineligible for permits for one year.

Subp. 3.

Inspections.

Records required in this part, business and operation premises, and boats, vehicles, and gear used in the mussel harvesting operations may be inspected at all reasonable times by the commissioner.

6258.0900 SPECIAL RESTRICTIONS ON TAKING MUSSELS.

Subpart 1.

Restriction on returning processed mussels to the water.

Meats resulting from the processing of live whole mussels may not be returned to the water or deposited on a shoreline or adjacent land. The meat of mussels lawfully obtained may be used as bait for angling purposes.

Subp. 2.

Restriction on harvest of certain species of mussels.

The Higgins' eye (Lampsilis higginsi), elephant ear (Elliptio crassidens), ebony shell (Fusconaia ebena), winged mapleleaf (Quadrula fragosa), fat pocketbook (Proptera capax) mussels, or any mussel listed as endangered or threatened in this state may not be harvested or intentionally disturbed. If these species are located within the harvest site, all harvest operations must immediately stop and the permittee or personal use harvester must notify the area fisheries office within 24 hours.

Subp. 3.

Transfer of mussels prohibited.

Live mussels may not be transferred within or between bodies of water, except under permit issued by the commissioner.