SF 1170

as introduced - 88th Legislature (2013 - 2014) Posted on 03/14/2013 08:28am

A bill for an act
relating to state government; appropriating money for environment, natural
resources, and commerce; modifying and providing for certain fees; modifying
and providing for disposition of certain revenue; creating accounts; modifying
mining permit provisions; modifying provisions for taking game and fish;
providing for wastewater laboratory certification; modifying certain permanent
school fund provisions; providing for product stewardship programs; providing
for sanitary districts; requiring rulemaking; amending Minnesota Statutes
2012, sections 13.7411, subdivision 4; 15A.0815, subdivision 3; 60A.14,
subdivision 1; 85.052, subdivision 6; 85.054, by adding a subdivision; 85.055,
subdivision 2; 89.0385; 89.17; 92.50; 93.17, subdivision 1; 93.1925, subdivision
2; 93.25, subdivision 2; 93.285, subdivision 3; 93.46, by adding a subdivision;
93.481, subdivisions 3, 5, by adding subdivisions; 93.482; 94.342, subdivision
5; 97A.045, subdivision 1; 97A.445, subdivision 1; 97A.451, subdivisions
3, 3b, 4, 5, by adding a subdivision; 97A.475, subdivisions 2, 3; 97A.485,
subdivision 6; 103G.615, subdivision 2; 103I.601, by adding a subdivision;
127A.30, subdivision 1; 127A.351; 127A.352; 168.1296, subdivision 1; 239.101,
subdivision 3; 275.066; proposing coding for new law in Minnesota Statutes,
chapters 93; 115; 115A; proposing coding for new law as Minnesota Statutes,
chapter 442A; repealing Minnesota Statutes 2012, sections 97A.451, subdivision
4a; 115.18, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10; 115.19; 115.20; 115.21; 115.22;
115.23; 115.24; 115.25; 115.26; 115.27; 115.28; 115.29; 115.30; 115.31; 115.32;
115.33; 115.34; 115.35; 115.36; 115.37; 127A.353.

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

ARTICLE 1

ENVIRONMENT, NATURAL RESOURCES, AND COMMERCE
APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

		new text begin 2014 new text end		new text begin 2015 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 113,487,000 new text end	new text begin $ new text end	new text begin 113,487,000 new text end	new text begin $ new text end	new text begin 226,974,000 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 150,000 new text end
new text begin Environmental new text end		new text begin 68,680,000 new text end		new text begin 68,825,000 new text end		new text begin 137,505,000 new text end
new text begin Natural Resources new text end		new text begin 91,279,000 new text end		new text begin 91,279,000 new text end		new text begin 182,558,000 new text end
new text begin Game and Fish new text end		new text begin 91,372,000 new text end		new text begin 91,372,000 new text end		new text begin 182,744,000 new text end
new text begin Remediation new text end		new text begin 10,596,000 new text end		new text begin 10,596,000 new text end		new text begin 21,192,000 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 400,000 new text end
new text begin Petroleum Tank new text end		new text begin 1,052,000 new text end		new text begin 1,052,000 new text end		new text begin 2,104,000 new text end
new text begin Workers' Compensation new text end		new text begin 751,000 new text end		new text begin 751,000 new text end		new text begin 1,502,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 377,492,000 new text end	new text begin $ new text end	new text begin 377,637,000 new text end	new text begin $ new text end	new text begin 755,129,000 new text end

Sec. 2. 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 "2014" and "2015" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2014, or
June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
year 2015. "The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal
year ending June 30, 2013, 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 2014 new text end		new text begin 2015 new text end

Sec. 3. 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 84,360,000 new text end

new text begin $ new text end

new text begin 84,505,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin General new text end	new text begin 5,109,000 new text end	new text begin 5,109,000 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 68,680,000 new text end	new text begin 68,825,000 new text end
new text begin Remediation new text end	new text begin 10,496,000 new text end	new text begin 10,496,000 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 Water new text end

new text begin 24,697,000 new text end

new text begin 24,697,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin General new text end	new text begin 3,737,000 new text end	new text begin 3,737,000 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 20,885,000 new text end	new text begin 20,885,000 new text end

new text begin $1,378,000 the first year and $1,378,000 the
second year are for water program operations.
new text end

new text begin $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 $740,000 the first year and $740,000 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 $400,000 the first year and $400,000
the second year are for the clean water
partnership program. Any unexpended
balance in the first year does not cancel but
is available in the second year. Priority shall
be given to projects preventing impairments
and degradation of lakes, rivers, streams,
and groundwater according to Minnesota
Statutes, section 114D.20, subdivision 2,
clause (4).
new text end

new text begin $664,000 the first year and $664,000 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, $80,000 each
year is for assistance to counties through
grants for SSTS program administration.
Any unexpended balance in the first year does
not cancel but is available in the second year.
new text end

new text begin $105,000 the first year and $105,000 the
second year are from the environmental fund
for registration of wastewater laboratories.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2015, as grants or contracts
for SSTS's, surface water and groundwater
assessments, total maximum daily loads,
storm water, and water quality protection in
this subdivision are available until June 30,
2018.
new text end

new text begin Subd. 3. new text end new text begin Air new text end

new text begin 15,031,000 new text end

new text begin 15,201,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin Environmental new text end	new text begin 15,031,000 new text end	new text begin 15,201,000 new text end

new text begin $200,000 the first year and $200,000 the
second year are from the environmental fund
for a monitoring program under Minnesota
Statutes, section 116.454.
new text end

new text begin 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 $125,000 the first year and $125,000 the
second year are from the environmental fund
for monitoring ambient air for hazardous
pollutants in the metropolitan area.
new text end

new text begin $900,000 the first year and $900,000 the
second year are from the environmental
fund for emission reductions activities and
grants to small businesses and other nonpoint
emission reduction efforts. Any unexpended
balance in the first year does not cancel but is
available in the second year.
new text end

new text begin Subd. 4. new text end new text begin Land new text end

new text begin 17,412,000 new text end

new text begin 17,412,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin Environmental new text end	new text begin 6,916,000 new text end	new text begin 6,916,000 new text end
new text begin Remediation new text end	new text begin 10,496,000 new text end	new text begin 10,496,000 new text end

new text begin 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 utilization of
resources and appropriately allocates the
money between the two departments. This
appropriation is available until June 30, 2015.
new text end

new text begin $3,616,000 the first year and $3,616,000 the
second year are from the remediation fund for
purposes of the leaking underground storage
tank program to protect the land. These same
annual amounts are transferred from the
petroleum tank fund to the remediation fund.
new text end

new text begin $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 Subd. 5. new text end new text begin Environmental Assistance and Cross-Media new text end

new text begin 26,849,000 new text end

new text begin 26,824,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin Environmental new text end	new text begin 25,848,000 new text end	new text begin 25,823,000 new text end
new text begin General new text end	new text begin 1,001,000 new text end	new text begin 1,001,000 new text end

new text begin $14,250,000 the first year and $14,250,000
the second year are from the environmental
fund for SCORE block grants to counties.
new text end

new text begin $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 $89,000 the first year and $89,000 the
second year are from the environmental fund
for duties related to harmful chemicals in
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 $200,000 the first year and $200,000 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 $600,000 the first year and $600,000 the
second year are from the environmental
fund to address environmental health risks.
Of this amount, $499,000 the first year and
$499,000 the second year are for transfer to
the Department of Health.
new text end

new text begin $312,000 the first year and $312,000 the
second year are from the general fund and
$188,000 the first year and $188,000 the
second year are from the environmental fund
for Environmental Quality Board operations
and support.
new text end

new text begin $75,000 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 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 Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on
or before June 30, 2015, as contracts or
grants for surface water and groundwater
assessments; 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, 2017.
new text end

new text begin Subd. 6. new text end new text begin Administrative Support new text end

new text begin 371,000 new text end

new text begin 371,000 new text end

Sec. 4. 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 233,720,000 new text end

new text begin $ new text end

new text begin 233,720,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin General new text end	new text begin 57,089,000 new text end	new text begin 57,089,000 new text end
new text begin Natural Resources new text end	new text begin 84,959,000 new text end	new text begin 84,959,000 new text end
new text begin Game and Fish new text end	new text begin 91,372,000 new text end	new text begin 91,372,000 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 5,928,000 new text end

new text begin 5,928,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin General new text end	new text begin 722,000 new text end	new text begin 722,000 new text end
new text begin Natural Resources new text end	new text begin 3,555,000 new text end	new text begin 3,555,000 new text end
new text begin Game and Fish new text end	new text begin 1,451,000 new text end	new text begin 1,451,000 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 $68,000 the first year and $68,000 the
second year are for minerals cooperative
environmental research, of which $34,000
the first year and $34,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.
new text end

new text begin $251,000 the first year and $251,000 the
second year are for iron ore cooperative
research. Of this amount, $200,000 each year
is from the minerals management account
in the natural resources fund. $175,000 the
first year and $175,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The match
may be cash or in-kind. Any unencumbered
balance from the first year does not cancel
and is available in the second year.
new text end

new text begin $2,779,000 the first year and $2,779,000
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 $200,000 the first year and $200,000 the
second year are from the state forest suspense
account in the permanent school fund to
accelerate land exchanges, land sales, and
commercial leasing of school trust lands and
to identify, evaluate, and lease construction
aggregate located on school trust lands. This
appropriation is to be used for securing
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 Subd. 3. new text end new text begin Ecological and Water Resources new text end

new text begin 25,727,000 new text end

new text begin 25,727,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin General new text end	new text begin 11,262,000 new text end	new text begin 11,262,000 new text end
new text begin Natural Resources new text end	new text begin 10,402,000 new text end	new text begin 10,402,000 new text end
new text begin Game and Fish new text end	new text begin 4,063,000 new text end	new text begin 4,063,000 new text end

new text begin $2,942,000 the first year and $2,942,000 the
second year are from the invasive species
account in the natural resources fund and
$3,706,000 the first year and $3,706,000 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.
Of this amount, up to $200,000 each year
is from the invasive species account in the
natural resources fund for liability insurance
coverage for Asian carp deterrent barriers.
new text end

new text begin $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 $53,000 the first year and $53,000 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 $5,000 the first year and $5,000 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 $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. The
commissioner shall submit a report to the
chairs of the legislative committees having
primary jurisdiction over environment and
natural resources policy and finance on the
accomplishments achieved with the grants
by January 15, 2015.
new text end

new text begin $1,643,000 the first year and $1,643,000
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 $1,223,000 the first year and $1,223,000 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 Subd. 4. new text end new text begin Forest Management new text end

new text begin 36,260,000 new text end

new text begin 36,260,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin General new text end	new text begin 21,350,000 new text end	new text begin 21,350,000 new text end
new text begin Natural Resources new text end	new text begin 13,623,000 new text end	new text begin 13,623,000 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 $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.
new text end

new text begin 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 shall be deposited into
the general fund.
new text end

new text begin $13,623,000 the first year and $13,623,000
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 $1,287,000 the first year and $1,287,000
the second year are from the game and fish
fund to advance ecological classification
systems (ECS) scientific management tools
for forest and invasive species management.
This appropriation is from revenue deposited
in the game and fish fund under Minnesota
Statutes, section 297A.94, paragraph (e),
clause (1).
new text end

new text begin $580,000 the first year and $580,000 the
second year are for the Forest Resources
Council for implementation of the
Sustainable Forest Resources Act.
new text end

new text begin $250,000 the first year and $250,000 the
second year are for the FORIST system.
new text end

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

new text begin 67,552,000 new text end

new text begin 67,552,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin General new text end	new text begin 19,780,000 new text end	new text begin 19,780,000 new text end
new text begin Natural Resources new text end	new text begin 45,513,000 new text end	new text begin 45,513,000 new text end
new text begin Game and Fish new text end	new text begin 2,259,000 new text end	new text begin 2,259,000 new text end

new text begin $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 $5,740,000 the first year and $5,740,000 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 $1,005,000 the first year and $1,005,000 the
second year are from the natural resources
fund for 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 $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 $1,460,000 the first year and $1,460,000 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 $100,000 each year
is from the off-road vehicle account. 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 $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 Subd. 6. new text end new text begin Fish and Wildlife Management new text end

new text begin 62,775,000 new text end

new text begin 62,775,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin Natural Resources new text end	new text begin 1,906,000 new text end	new text begin 1,906,000 new text end
new text begin Game and Fish new text end	new text begin 60,869,000 new text end	new text begin 60,869,000 new text end

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

new text begin 35,158,000 new text end

new text begin 35,158,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin General new text end	new text begin 3,975,000 new text end	new text begin 3,975,000 new text end
new text begin Natural Resources new text end	new text begin 9,640,000 new text end	new text begin 9,640,000 new text end
new text begin Game and Fish new text end	new text begin 21,443,000 new text end	new text begin 21,443,000 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 $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 $1,450,000 the first year and $1,450,000
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 $250,000 the first year and $250,000 the
second year are for the conservation officer
pre-employment education program. Of this
amount, $30,000 each year is from the water
recreation account, $13,000 each year is
from the snowmobile account, and $20,000
each year is from the all-terrain vehicle
account in the natural resources fund; and
$187,000 each year is from the game and fish
fund, of which $17,000 each year is from
revenue deposited to the game and fish fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
new text end

new text begin $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 $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 $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:
(1) must be issued through a formal
agreement with the organization; and
(2) must not be used as a substitute for
traditional spending by 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 $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 Subd. 8. new text end new text begin Operations Support 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 2014 new text end	new text begin 2015 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 fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).
new text end

new text begin $300,000 the first year and $300,000 the
second year are from the special revenue fund
to improve data analytics. The commissioner
may bill the divisions of the agency an
appropriate share of costs associated with
this project. Any information technology
development, support, or costs necessary for
this project shall be incorporated into the
agency's service level agreement with and
paid to the Office of Enterprise Technology.
new text end

Sec. 5. new text begin BOARD OF WATER AND SOIL RESOURCES new text end

new text begin $ new text end

new text begin 13,133,000 new text end

new text begin $ new text end

new text begin 13,133,000 new text end

new text begin $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 $3,116,000 the first year and $3,116,000
the second year are for grants requested
by soil and water conservation districts for
general purposes, nonpoint engineering, and
implementation of the reinvest in Minnesota
reserve program. Upon approval of the
board, expenditures may be made from these
appropriations for supplies and services
benefiting soil and water conservation
districts. Any district requesting a grant
under this paragraph shall maintain a Web
page that publishes, at a minimum, its annual
report, annual audit, annual budget, and
meeting notices and minutes.
new text end

new text begin $1,560,000 the first year and $1,560,000
the second year are for grants to soil and
water conservation districts for cost-sharing
contracts for erosion control, water quality
management, and feedlot water quality
projects.
new text end

new text begin $386,000 the first year and $386,000 the
second year are for implementation and
oversight of the Wetland Conservation Act.
new text end

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

new text begin $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. If the
appropriation in either year is insufficient, the
appropriation in the other year is available
for it.
new text end

new text begin $120,000 the first year and $120,000
the second year are for grants to Area
II Minnesota River Basin Projects for
floodplain management.
new text end

new text begin $42,000 each year is to the Minnesota River
Board for expenses to measure and report the
results of projects in the 12 major watersheds
within the Minnesota River basin.
new text end

new text begin 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 $450,000 the first year and $450,000 the
second year are for assistance and grants to
local governments to transition local water
management plans to a watershed approach
as provided for in Minnesota Statutes,
chapters 103B, 103C, 103D, and 114D.
new text end

new text begin $125,000 the first year and $125,000 the
second year are to implement internal control
policies and provide related oversight and
accountability for agency programs.
new text end

new text begin 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

Sec. 6. 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 2014 new text end	new text begin 2015 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 $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 $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. 7. 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 2014 new text end	new text begin 2015 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. 8. new text begin ZOOLOGICAL BOARD new text end

new text begin $ new text end

new text begin 5,585,000 new text end

new text begin $ new text end

new text begin 5,585,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin General new text end	new text begin 5,425,000 new text end	new text begin 5,425,000 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

Sec. 9. new text begin DEPARTMENT OF COMMERCE 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 25,031,000 new text end

new text begin $ new text end

new text begin 25,031,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin General new text end	new text begin 23,228,000 new text end	new text begin 23,228,000 new text end
new text begin Petroleum Tank new text end	new text begin 1,052,000 new text end	new text begin 1,052,000 new text end
new text begin Workers' Compensation new text end	new text begin 751,000 new text end	new text begin 751,000 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 Financial Institutions new text end

new text begin 4,885,000 new text end

new text begin 4,885,000 new text end

new text begin $142,000 each year is for the regulation of
mortgage originators and servicers under
Minnesota Statutes, chapters 58 and 58A.
new text end

new text begin Subd. 3. new text end new text begin Petroleum Tank Release Compensation Board new text end

new text begin 1,052,000 new text end

new text begin 1,052,000 new text end

new text begin This appropriation is from the petroleum
tank fund.
new text end

new text begin Subd. 4. new text end new text begin Administrative Services new text end

new text begin 6,490,000 new text end

new text begin 6,490,000 new text end

new text begin $375,000 each year is for additional
compliance efforts with unclaimed property.
The commissioner may issue contracts for
these services.
new text end

new text begin Fees for the Weights and Measures Unit will
be increased by 30 percent during fiscal year
2014 and forward. All fees are deposited to
the general fund as nondedicated revenue.
new text end

new text begin Subd. 5. new text end new text begin Telecommunications new text end

new text begin 1,259,000 new text end

new text begin 1,259,000 new text end

new text begin $250,000 each year is for the Broadband
Development Office.
new text end

new text begin The following transfer is from the
telecommunications access Minnesota
fund. $300,000 the first year and $300,000
the second year and each year thereafter
are for transfer to the commissioner of
human services to supplement the ongoing
operational expenses of the Commission
of Deaf, DeafBlind, and Hard-of-Hearing
Minnesotans.
new text end

new text begin Subd. 6. new text end new text begin Enforcement new text end

new text begin 4,178,000 new text end

new text begin 4,178,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 3,980,000 new text end	new text begin 3,980,000 new text end
new text begin Workers' Compensation new text end	new text begin 198,000 new text end	new text begin 198,000 new text end

new text begin Subd. 7. new text end new text begin Energy Resources new text end

new text begin 3,252,000 new text end

new text begin 3,252,000 new text end

new text begin Subd. 8. new text end new text begin Insurance new text end

new text begin 3,915,000 new text end

new text begin 3,915,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 3,362,000 new text end	new text begin 3,362,000 new text end
new text begin Workers' Compensation new text end	new text begin 553,000 new text end	new text begin 553,000 new text end

Sec. 10. new text begin PUBLIC UTILITIES COMMISSION new text end

new text begin $ new text end

new text begin 6,178,000 new text end

new text begin $ new text end

new text begin 6,178,000 new text end

ARTICLE 2

ENVIRONMENT, NATURAL RESOURCES, AND COMMERCE POLICY

Section 1.

Minnesota Statutes 2012, section 13.7411, subdivision 4, is amended to read:

Subd. 4.

Waste management.

(a) new text begin Product stewardship programs. Trade secret
information submitted to the Pollution Control Agency under product stewardship
programs are classified under sections 115A.141 to 115A.142.
new text end

new text begin (b) new text end Transfer station data. Data received by a county or district from a transfer
station under section 115A.84, subdivision 5, are classified under that section.

deleted text begin (b) deleted text end new text begin (c) new text end Solid waste records. Records of solid waste facilities received, inspected,
or copied by a county pursuant to section 115A.882 are classified pursuant to section
115A.882, subdivision 3.

deleted text begin (c) deleted text end new text begin (d) new text end Customer lists. Customer lists provided to counties or cities by solid waste
collectors are classified under section 115A.93, subdivision 5.

Sec. 2.

Minnesota Statutes 2012, section 15A.0815, subdivision 3, is amended to read:

Subd. 3.

Group II salary limits.

The salaries for positions in this subdivision may
not exceed 85 percent of the salary of the governor:

Executive director of Gambling Control Board;

Commissioner, Iron Range Resources and Rehabilitation Board;

Commissioner, Bureau of Mediation Services;

Ombudsman for Mental Health and Developmental Disabilities;

Chair, Metropolitan Council;

deleted text begin School trust lands director;
deleted text end

Executive director of pari-mutuel racing; and

Commissioner, Public Utilities Commission.

Sec. 3.

Minnesota Statutes 2012, section 60A.14, subdivision 1, is amended to read:

Subdivision 1.

Fees other than examination fees.

In addition to the fees and
charges provided for examinations, the following fees must be paid to the commissioner
for deposit in the general fund:

(a) by township mutual fire insurance companies;

(1) for filing certificate of incorporation $25 and amendments thereto, $10;

(2) for filing annual statements, $15;

(3) for each annual certificate of authority, $15;

(4) for filing bylaws $25 and amendments thereto, $10;

(b) by other domestic and foreign companies including fraternals and reciprocal
exchanges;

(1) for filing an application for an initial certification of authority to be admitted
to transact business in this state, $1,500;

(2) for filing certified copy of certificate of articles of incorporation, $100;

(3) for filing annual statement, $225;

(4) for filing certified copy of amendment to certificate or articles of incorporation,
$100;

(5) for filing bylaws, $75 or amendments thereto, $75;

(6) for each company's certificate of authority, $575, annually;

(c) the following general fees apply:

(1) for each certificate, including certified copy of certificate of authority, renewal,
valuation of life policies, corporate condition or qualification, $25;

(2) for each copy of paper on file in the commissioner's office 50 cents per page,
and $2.50 for certifying the same;

(3) for license to procure insurance in unadmitted foreign companies, $575;

(4) for valuing the policies of life insurance companies, one cent per $1,000 of
insurance so valued, provided that the fee shall not exceed $13,000 per year for any
company. The commissioner may, in lieu of a valuation of the policies of any foreign life
insurance company admitted, or applying for admission, to do business in this state, accept
a certificate of valuation from the company's own actuary or from the commissioner of
insurance of the state or territory in which the company is domiciled;

(5) for receiving and filing certificates of policies by the company's actuary, or by
the commissioner of insurance of any other state or territory, $50;

(6) for each appointment of an agent filed with the commissioner, deleted text begin $10 deleted text end new text begin $30 new text end ;

(7) for filing forms, rates, and compliance certifications under section 60A.315, $140
per filing, or $125 per filing when submitted via electronic filing system. Filing fees
may be paid on a quarterly basis in response to an invoice. Billing and payment may
be made electronically;

(8) for annual renewal of surplus lines insurer license, $300.

The commissioner shall adopt rules to define filings that are subject to a fee.

Sec. 4.

Minnesota Statutes 2012, section 85.052, subdivision 6, is amended to read:

Subd. 6.

State park reservation system.

new text begin (a) new text end The commissioner may, by written
order, develop reasonable reservation policies for campsites and other lodging. These
policies are exempt from rulemaking provisions under chapter 14 and section 14.386
does not apply.

new text begin (b) The revenue collected from the state park reservation fee established under
subdivision 5, including interest earned, shall be deposited in the state park account in the
natural resources fund and is annually appropriated to the commissioner for the cost of
the state park reservation system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 1, 2012.
new text end

Sec. 5.

Minnesota Statutes 2012, section 85.054, is amended by adding a subdivision
to read:

new text begin Subd. 18. new text end

new text begin La Salle Lake State Recreation Area. new text end

new text begin A state park permit is not
required and a fee may not be charged for motor vehicle entry, use, or parking in La Salle
Lake State Recreation Area unless the occupants of the vehicle enter, use, or park in a
developed campground or day-use area.
new text end

Sec. 6.

Minnesota Statutes 2012, section 85.055, subdivision 2, is amended to read:

Subd. 2.

Fee deposit and appropriation.

The fees collected under this section shall
be deposited in the natural resources fund and credited to the state parks account. Money
in the account, except for the electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, new text begin and the state park reservation system
fee established by the commissioner under section 85.052, subdivisions 5 and 6, new text end is available
for appropriation to the commissioner to operate and maintain the state park system.

Sec. 7.

Minnesota Statutes 2012, section 89.0385, is amended to read:

89.0385 FOREST MANAGEMENT INVESTMENT ACCOUNT; COST
CERTIFICATION.

(a) deleted text begin After each fiscal year, deleted text end The commissioner shall certify the total costs incurred for
forest management, forest improvement, and road improvement on state-managed lands
during that year. The commissioner shall distribute forest management receipts credited to
various accounts according to this section.

(b) The amount of the certified costs incurred for forest management activities on
state lands shall be transferred from the account where receipts are deposited to the forest
management investment account in the natural resources fund, except for those costs
certified under section 16A.125. new text begin Transfers may occur quarterly, based on quarterly cost and
revenue reports, throughout the fiscal year, with final certification and reconciliation after
each fiscal year. new text end Transfers in a fiscal year cannot exceed receipts credited to the account.

Sec. 8.

Minnesota Statutes 2012, section 89.17, is amended to read:

89.17 LEASES AND PERMITS.

(a) Notwithstanding the permit procedures of chapter 90, the commissioner shall
have power to grant and execute, in the name of the state, leases and permits for the use of
any forest lands under the authority of the commissioner for any purpose which in the
commissioner's opinion is not inconsistent with the maintenance and management of the
forest lands, on forestry principles for timber production. Every such lease or permit shall
be revocable at the discretion of the commissioner at any time subject to such conditions
as may be agreed on in the lease. The approval of the commissioner of administration
shall not be required upon any such lease or permit. No such lease or permit for a period
exceeding 21 years shall be granted except with the approval of the Executive Council.

(b) Public access to the leased land for outdoor recreation shall be the same as
access would be under state management.

(c) new text begin The commissioner shall, by written order, establish the schedule of application
fees for all leases issued under this section. Notwithstanding section 16A.1285, subdivision
2, the application fees shall be set at a rate that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in providing the services at the
time of issuing the leases. The commissioner shall update the schedule of application fees
every five years. The schedule of application fees and any adjustment to the schedule are
not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end

new text begin (d) Money received under paragraph (c) must be deposited in the land management
account in the natural resources fund and is appropriated to the commissioner to cover the
reasonable costs incurred for issuing leases.
new text end

new text begin (e) new text end Notwithstanding section 16A.125, subdivision 5, after deducting the deleted text begin reasonable
costs incurred for preparing and issuing the lease deleted text end new text begin application fee paid according to
paragraph (c) new text end , all remaining proceeds from the leasing of school trust land and university
land for roads on forest lands must be deposited into the respective permanent fund for
the lands.

Sec. 9.

Minnesota Statutes 2012, section 92.50, is amended to read:

92.50 UNSOLD LANDS SUBJECT TO SALE MAY BE LEASED.

Subdivision 1.

Lease terms.

(a) The commissioner of natural resources may lease
land under the commissioner's jurisdiction and control:

(1) to remove sand, gravel, clay, rock, marl, peat, and black dirt;

(2) to store ore, waste materials from mines, or rock and tailings from ore milling
plants;

(3) for roads or railroads; or

(4) for other uses consistent with the interests of the state.

(b) The commissioner shall offer the lease at public or private sale for an amount
and under terms and conditions prescribed by the commissioner. Commercial leases for
more than ten years and leases for removal of peat that cover 320 or more acres must be
approved by the Executive Council.

(c) The lease term may not exceed 21 years except:

(1) leases of lands for storage sites for ore, waste materials from mines, or rock and
tailings from ore milling plants, or for the removal of peat for nonagricultural purposes
may not exceed a term of 25 years; and

(2) leases for commercial purposes, including major resort, convention center, or
recreational area purposes, may not exceed a term of 40 years.

(d) Leases must be subject to sale and leasing of the land for mineral purposes and
contain a provision for cancellation for just cause at any time by the commissioner upon
six months' written notice. A longer notice period, not exceeding three years, may be
provided in leases for storing ore, waste materials from mines or rock or tailings from ore
milling plants. The commissioner may determine the terms and conditions, including the
notice period, for cancellation of a lease for the removal of peat and commercial leases.

(e) new text begin Except as provided in subdivision 3, new text end money received from leases under this
section must be credited to the fund to which the land belongs.

Subd. 2.

Leases for tailings deposits.

The commissioner may grant leases and
licenses to deposit tailings from any iron ore beneficiation plant in any public lake not
exceeding 160 acres in area after holding a public hearing in the manner and under the
procedure provided in Laws 1937, chapter 468, as amended and finding in pursuance
of the hearing:

(a) that such use of each lake is necessary and in the best interests of the public; and

(b) that the proposed use will not result in pollution or sedimentation of any outlet
stream.

The lease or license may not exceed a term of 25 years and must be subject to
cancellation on three years' notice. The commissioner may further restrict use of the lake
to safeguard the public interest, and may require that the lessee or licensee acquire suitable
permits or easements from the owners of lands riparian to the lake. new text begin Except as provided
in subdivision 3, new text end money received from the leases or licenses must be deposited in the
permanent school fund.

new text begin Subd. 3. new text end

new text begin Application fees. new text end

new text begin (a) The commissioner shall, by written order, establish
the schedule of application fees for all leases issued under this section. Notwithstanding
section 16A.1285, subdivision 2, the application fees shall be set at a rate that neither
significantly overrecovers nor underrecovers costs, including overhead costs, involved in
providing the services at the time of issuing the leases. The commissioner shall update
the schedule of application fees every five years. The schedule of application fees and
any adjustment to the schedule are not subject to the rulemaking provision of chapter 14
and section 14.386 does not apply.
new text end

new text begin (b) Money received under this subdivision must be deposited in the land management
account in the natural resources fund and is appropriated to the commissioner to cover the
reasonable costs incurred for issuing leases.
new text end

Sec. 10.

Minnesota Statutes 2012, section 93.17, subdivision 1, is amended to read:

Subdivision 1.

Lease application.

(a) Applications for leases to prospect for iron
ore shall be presented to the commissioner in writing in such form as the commissioner
may prescribe at any time before 4:30 p.m., St. Paul, Minnesota time, on the last business
day before the day specified for the opening of bids, and no bids submitted after that time
shall be considered. The application shall be accompanied by a certified check, cashier's
check, or bank money order payable to the Department of Natural Resources in the sum of
deleted text begin $100 deleted text end new text begin $1,000 new text end for each mining unit. new text begin The fee shall be deposited in the minerals management
account in the natural resources fund.
new text end

(b) Each application shall be accompanied by a sealed bid setting forth the amount
of royalty per gross ton of crude ore based upon the iron content of the ore when dried at
212 degrees Fahrenheit, in its natural condition or when concentrated, as set out in section
93.20, subdivisions 12 to 18, that the applicant proposes to pay to the state of Minnesota
in case the lease shall be awarded.

Sec. 11.

Minnesota Statutes 2012, section 93.1925, subdivision 2, is amended to read:

Subd. 2.

Application.

(a) An application for a negotiated lease shall be submitted to
the commissioner of natural resources. The commissioner shall prescribe the information
to be included in the application. The applicant shall submit with the application a certified
check, cashier's check, or bank money order, payable to the Department of Natural
Resources in the sum of deleted text begin $100 deleted text end new text begin $2,000 new text end , as a fee for filing the application. The application
fee shall not be refunded under any circumstances. new text begin The application fee shall be deposited
in the minerals management account in the natural resources fund.
new text end

(b) The right is reserved to the state to reject any or all applications for a negotiated
lease.

Sec. 12.

Minnesota Statutes 2012, section 93.25, subdivision 2, is amended to read:

Subd. 2.

Lease requirements.

new text begin (a) new text end All leases for nonferrous metallic minerals or
petroleum must be approved by the Executive Council, and any other mineral lease issued
pursuant to this section that covers 160 or more acres must be approved by the Executive
Council. The rents, royalties, terms, conditions, and covenants of all such leases shall be
fixed by the commissioner according to rules adopted by the commissioner, but no lease
shall be for a longer term than 50 years, and all rents, royalties, terms, conditions, and
covenants shall be fully set forth in each lease issued. The rents and royalties shall be
credited to the funds as provided in section 93.22.

new text begin (b) The applicant for a lease must submit with the application a certified check,
cashier's check, or bank money order payable to the Department of Natural Resources
in the sum of:
new text end

new text begin (1) $1,000 as a fee for filing an application for a lease being offered at public sale;
new text end

new text begin (2) $1,000 as a fee for filing an application for a lease being offered under the
preference rights lease availability list; and
new text end

new text begin (3) $2,000 as a fee for filing an application for a lease through negotiation. The
application fee for a negotiated lease shall not be refunded under any circumstances.
new text end

new text begin The application fee must be deposited in the minerals management account in the natural
resources fund.
new text end

Sec. 13.

Minnesota Statutes 2012, section 93.285, subdivision 3, is amended to read:

Subd. 3.

Stockpile mining unit.

(a) Any stockpiled iron ore, wherever situated,
may, in the discretion of the commissioner of natural resources, be designated as a
stockpile mining unit for disposal separately from ore in the ground, such designation to
be made according to section 93.15, so far as applicable.

(b) The commissioner may lease the mining unit at public or private sale for an
amount and under terms and conditions prescribed by the commissioner.

new text begin (c) The applicant must submit with the application a certified check, cashier's check,
or bank money order payable to the Department of Natural Resources in the sum of $1,000
as a fee for filing an application for a lease being offered at public sale and in the sum of
$2,000 as a fee for filing an application for a lease through negotiation. The application
fee for a negotiated lease shall not be refunded under any circumstances. The application
fee must be deposited in the minerals management account in the natural resources fund.
new text end

new text begin (d) new text end The lease term may not exceed 25 years. The amount payable for stockpiled iron
ore material shall be at least equivalent to the minimum royalty that would be payable
under section 93.20.

Sec. 14.

Minnesota Statutes 2012, section 93.46, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Scram mining. new text end

new text begin "Scram mining" means a mining operation that produces
natural iron ore, natural iron ore concentrates, or taconite ore as described in section 93.20,
subdivisions 12 to 18, from previously developed stockpiles, tailing basins, underground
mine workings, or open pits and that involves no more than 80 acres of land not previously
affected by mining, or more than 80 acres of land not previously affected by mining
if the operator can demonstrate that impacts would be substantially the same as other
scram operations. "Land not previously affected by mining" means land upon which mine
wastes have not been deposited and land from which materials have not been removed in
connection with the production or extraction of metallic minerals.
new text end

Sec. 15.

Minnesota Statutes 2012, section 93.481, subdivision 3, is amended to read:

Subd. 3.

Term of permit; amendment.

new text begin (a) new text end A permit issued by the commissioner
pursuant to this section shall be granted for the term determined necessary by the
commissioner for the completion of the proposed mining operation, including reclamation
or restoration. new text begin The term of a scram mining permit for iron ore or taconite shall be
determined in the same manner as a permit to mine for an iron ore or taconite mining
operation.
new text end

new text begin (b) new text end A permit may be amended upon written application to the commissioner. A
permit amendment application fee must be submitted with the written application.
The permit amendment application fee is deleted text begin ten deleted text end new text begin 20 new text end percent of the amount provided for in
subdivision 1, clause (3), for an application for the applicable permit to mine. If the
commissioner determines that the proposed amendment constitutes a substantial change to
the permit, the person applying for the amendment shall publish notice in the same manner
as for a new permit, and a hearing shall be held if written objections are received in the
same manner as for a new permit. An amendment may be granted by the commissioner if
the commissioner determines that lawful requirements have been met.

Sec. 16.

Minnesota Statutes 2012, section 93.481, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Release. new text end

new text begin A permit may not be released fully or partially without the
written approval of the commissioner. A permit release application fee must be submitted
with the written request for the release. The permit release application fee is 20 percent of
the amount provided for in subdivision 1, clause (3), for an application for the applicable
permit to mine.
new text end

Sec. 17.

Minnesota Statutes 2012, section 93.481, subdivision 5, is amended to read:

Subd. 5.

Assignment.

A permit may not be assigned or otherwise transferred
without the written approval of the commissioner. A permit assignment application fee
must be submitted with the written application. The permit assignment application fee is
deleted text begin ten deleted text end new text begin 20 new text end percent of the amount provided for in subdivision 1, clause (3), for an application
for the applicable permit to mine.

Sec. 18.

Minnesota Statutes 2012, section 93.481, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Preapplication. new text end

new text begin Before the preparation of an application for a permit to
mine, persons intending to submit an application must meet with the commissioner for a
preapplication conference and site visit. Prospective applicants must also meet with the
commissioner to outline analyses and tests to be conducted if the results of the analyses
and tests will be used for evaluation of the application. A permit preapplication fee must
be submitted before the preapplication conferences, meetings, and site visit with the
commissioner. The permit preapplication fee is 20 percent of the amount provided in
subdivision 1, clause (3), for an application for the applicable permit to mine.
new text end

Sec. 19.

Minnesota Statutes 2012, section 93.482, is amended to read:

93.482 RECLAMATION FEES.

Subdivision 1.

Annual permit to mine fee.

(a) The commissioner shall charge
every person holding a permit to mine an annual permit fee. The fee is payable to the
commissioner by June 30 of each year, beginning in 2009.

(b) The annual permit to mine fee for deleted text begin a deleted text end new text begin an iron ore or new text end taconite mining operation is
deleted text begin $60,000 if the operation had production within the calendar year immediately preceding
the year in which payment is due and $30,000 if there was no production within the
immediately preceding calendar year deleted text end new text begin $84,000 new text end .

(c) The annual permit to mine fee for a nonferrous metallic minerals mining
operation is $75,000 deleted text begin if the operation had production within the calendar year immediately
preceding the year in which payment is due and $37,500 if there was no production within
the immediately preceding calendar year deleted text end .

(d) The annual permit to mine fee for a scram mining operation is deleted text begin $5,000 if the
operation had production within the calendar year immediately preceding the year in
which payment is due and $2,500 if there was no production within the immediately
preceding calendar year deleted text end new text begin $10,250 new text end .

(e) The annual permit to mine fee for a peat mining operation is deleted text begin $1,000 if the
operation had production within the calendar year immediately preceding the year in
which payment is due and $500 if there was no production within the immediately
preceding calendar year deleted text end new text begin $1,350 new text end .

Subd. 2.

Supplemental application deleted text begin fee for taconite and nonferrous metallic
minerals mining operation deleted text end .

(a) In addition to the application fee specified in section
93.481, the commissioner shall assess a person submitting an application for a permit
to mine for a taconite deleted text begin or deleted text end new text begin , new text end a nonferrous metallic minerals mining new text begin , or peat new text end operation the
reasonable costs for reviewing the application and preparing the permit to mine. For
nonferrous metallic minerals mining, the commissioner shall assess reasonable costs for
monitoring construction of the mining facilities. new text begin The commissioner may assess a person
submitting a request for amendment, assignment, or full or partial release of a permit to
mine the reasonable costs for reviewing the request and issuing an approval or denial. The
commissioner may assess a person submitting a request for a preapplication conference,
meetings, and a site visit the reasonable costs for reviewing the request and meeting
with the prospective applicant.
new text end

(b) The commissioner must give the applicant an estimate of the supplemental
application fee under this subdivision. The estimate must include a brief description
of the tasks to be performed and the estimated cost of each task. The application fee
under section 93.481 must be subtracted from the estimate of costs to determine the
supplemental application fee.

(c) The applicant and the commissioner shall enter into a written agreement to cover
the estimated costs to be incurred by the commissioner.

(d) The commissioner shall not issue the permit to mine until the applicant has paid
all fees in full. new text begin The commissioner shall not issue an approved assignment, amendment,
or release until the applicant has paid all fees in full. new text end Upon completion of construction
of a nonferrous metallic minerals facility, the commissioner shall refund the unobligated
balance of the monitoring fee revenue.

Sec. 20.

new text begin [93.60] MINERAL DATA AND INSPECTIONS ADMINISTRATION
ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established; sources. new text end

new text begin The mineral data and inspections
administration account is established in the special revenue fund in the state treasury.
Interest on the account accrues to the account. Fees charged under sections 93.61 and
103I.601, subdivision 4a, shall be credited to the account.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation; purposes of account. new text end

new text begin Money in the account is
appropriated annually to the commissioner of natural resources to cover the costs of:
new text end

new text begin (1) operating and maintaining the drill core library in Hibbing, Minnesota; and
new text end

new text begin (2) conducting inspections of exploratory borings.
new text end

Sec. 21.

new text begin [93.61] DRILL CORE LIBRARY ACCESS FEE.
new text end

new text begin Notwithstanding section 13.03, subdivision 3, a person must pay a fee to access
exploration data, exploration drill core data, mineral evaluation data, and mining data
stored in the drill core library located in Hibbing, Minnesota, and managed by the
commissioner of natural resources. The fee is $250 per day. Alternatively, a person may
obtain an annual pass for a fee of $5,000. The fee must be credited to the mineral data and
inspections administration account established in section 93.60 and is appropriated to the
commissioner of natural resources for the reasonable costs of operating and maintaining
the drill core library.
new text end

Sec. 22.

new text begin [93.70] STATE-OWNED CONSTRUCTION AGGREGATES
RECLAMATION ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established; sources. new text end

new text begin The state-owned construction
aggregates reclamation account is created in the special revenue fund in the state treasury.
Interest on the account accrues to the account. Fees charged under section 93.71 shall be
credited to the account.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation; purposes of account. new text end

new text begin Money in the account is
appropriated annually to the commissioner of natural resources to cover the costs of:
new text end

new text begin (1) reclaiming state lands administered by the commissioner following cessation of
construction aggregates mining operations on the lands; and
new text end

new text begin (2) issuing and administering contracts needed for the performance of that
reclamation work.
new text end

Sec. 23.

new text begin [93.71] STATE-OWNED CONSTRUCTION AGGREGATES
RECLAMATION FEE.
new text end

new text begin Subdivision 1. new text end

new text begin Annual reclamation fee; purpose. new text end

new text begin Except as provided in
subdivision 4, the commissioner of natural resources shall charge a person who holds
a lease or permit to mine construction aggregates on state land administered by the
commissioner an annual reclamation fee. The fee is payable to the commissioner by
January 15 of each year. The purpose of the fee is to pay for reclamation or restoration of
state lands following temporary or permanent cessation of construction aggregates mining
operations. Reclamation and restoration include: land sloping and contouring, spreading
soil from stockpiles, planting vegetation, removing safety hazards, or other measures
needed to return the land to productive and safe nonmining use.
new text end

new text begin Subd. 2. new text end

new text begin Determination of fee. new text end

new text begin The amount of the annual reclamation fee is
determined as follows:
new text end

new text begin (1) for aggregates measured in cubic yards upon removal, 15 cents for each cubic yard
removed under the lease or permit within the immediately preceding calendar year; and
new text end

new text begin (2) for aggregates measured in short tons upon removal, 11 cents per short ton
removed under the lease or permit within the immediately preceding calendar year.
new text end

new text begin Subd. 3. new text end

new text begin Deposit of fees. new text end

new text begin All fees collected under this section must be deposited in
the state-owned construction aggregates reclamation account established in section 93.70
and credited for use to the same land class from which payment of the fee was derived.
new text end

new text begin Subd. 4. new text end

new text begin Exception. new text end

new text begin A person who holds a lease to mine construction aggregates on
state land is not subject to the reclamation fee under subdivision 1 if the lease provides
for continuous mining for five or more years at an average rate of 30,000 or more cubic
yards per year over the term of the lease and requires the lessee to perform and pay for
the reclamation.
new text end

Sec. 24.

Minnesota Statutes 2012, section 94.342, subdivision 5, is amended to read:

Subd. 5.

Additional restrictions on school trust land.

School trust land may be
exchanged with other Class A land only if the deleted text begin school trust lands director deleted text end new text begin Legislative
Permanent School Fund Commission new text end is appointed as temporary trustee of the school trust
land for purposes of the exchange. The Legislative Permanent School Fund Commission
shall provide independent legal counsel to review exchanges.

Sec. 25.

Minnesota Statutes 2012, section 97A.045, subdivision 1, is amended to read:

Subdivision 1.

Duties; generally.

(a) The commissioner shall do all things the
commissioner determines are necessary to preserve, protect, and propagate desirable
species of wild animals. The commissioner shall make special provisions for the
management of fish and wildlife to ensure recreational opportunities for anglers and
hunters. The commissioner shall acquire wild animals for breeding or stocking and may
dispose of or destroy undesirable or predatory wild animals and their dens, nests, houses,
or dams.

(b) Notwithstanding chapters 17 and 35, the commissioner, in consultation with the
commissioner of agriculture and the executive director of the Board of Animal Health, may
capture new text begin , take, new text end or control nonnative or domestic animals that are released, have escaped,
or are otherwise running at large and causing damage to natural resources or agricultural
lands, or that are posing a threat to wildlife, domestic animals, or human health. The
commissioner may work with other agencies to assist in the capture new text begin , taking, new text end or control and
may authorize persons to take such animals. new text begin The commissioner may collect a civil penalty
equal to the actual costs incurred by the Department of Natural Resources from a person
who owns nonnative or domestic animals that are captured, taken, or controlled under this
paragraph. The civil penalty shall be deposited in the game and fish fund.
new text end

Sec. 26.

Minnesota Statutes 2012, section 97A.445, subdivision 1, is amended to read:

Subdivision 1.

Angling; Take a Kid Fishing Weekends.

new text begin (a) new text end A resident age 16
years or older may take fish by angling without an angling deleted text begin or deleted text end new text begin license and may take fish by
spearing from a dark house without a spearing license and without a new text end fish house new text begin or dark
house new text end license during one three-day consecutive period of the open water angling season
and one three-day consecutive period of the ice angling season designated by deleted text begin rule of
deleted text end the commissioner if new text begin the resident is new text end accompanied by a child who is under age 16. new text begin The
commissioner may, by written order published in the State Register, establish the three-day
consecutive periods. The written order is not subject to the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
new text end

new text begin (b) new text end The commissioner deleted text begin shall deleted text end new text begin may designate and new text end publicize the three-day periods as
"Take a Kid Fishing Weekend" for the open water angling season and "Take a Kid Ice
Fishing Weekend" for the ice angling season. new text begin The commissioner shall announce the date
of each three-day weekend at least 30 days in advance of the date it occurs.
new text end

Sec. 27.

Minnesota Statutes 2012, section 97A.451, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Resident spearing age 16 or over and under age 18. new text end

new text begin Residents age 16
or over and under age 18 may take fish by spearing without a spearing license but must
possess a fishing license under section 97A.475, subdivision 6, clause (7).
new text end

Sec. 28.

Minnesota Statutes 2012, section 97A.451, subdivision 3, is amended to read:

Subd. 3.

Residents new text begin and nonresidents new text end under age 16; small game.

(a) A resident new text begin or
nonresident new text end under age 16 may not obtain a small game license but may take small game
by firearms or bow and arrow without a license if the resident new text begin or nonresident new text end is:

(1) age 14 or 15 and possesses a firearms safety certificate;

(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
guardian;

(3) age 13, 14, or 15, new text begin and new text end possesses an apprentice hunter validation deleted text begin , and is
accompanied by a parent or guardian who possesses a small game license that was not
obtained using an apprentice hunter validation deleted text end new text begin as provided under section 97B.022 new text end ; or

(4) age 12 or under and is accompanied by a parent or guardian.

(b) A resident under age 16 may take small game, other than wolves, by trapping
without a small game license, but a resident 13 years of age or older must have a trapping
license. A resident under age 13 may trap small game, other than wolves, without a
trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
under age five must be included in the limit of the accompanying parent or guardian.

(c) A resident new text begin or nonresident new text end under age 13 must obtain a free turkey license to
take turkey and may take a turkey without a firearms safety certificate if the resident new text begin or
nonresident new text end is accompanied by an adult parent or guardian who has a firearms safety
certificate.

(d) A resident under age 13 may apply for a prairie chicken license and may take a
prairie chicken without a firearms safety certificate if the resident is accompanied by an
adult parent or guardian who has a firearms safety certificate.

Sec. 29.

Minnesota Statutes 2012, section 97A.451, subdivision 3b, is amended to read:

Subd. 3b.

Nonresidents new text begin age 16 or over and new text end under age 18; small game.

deleted text begin (a) deleted text end A
nonresident age 16 or over and under age 18 may take small game by firearms or archery
and may obtain a small game license at the youth fee under section 97A.475, subdivision
3, paragraph (a), clause (14), if the nonresident possesses a firearms safety certificate new text begin or an
apprentice hunter validation as provided under section 97B.022 new text end .

deleted text begin (b) A nonresident under age 16 may take small game by firearms or archery and may
obtain a small game license without paying the applicable fees under section 97A.475,
subdivisions 3, 4, and 5, if the nonresident is:
deleted text end

deleted text begin (1) age 14 or 15 and possesses a firearms safety certificate;
deleted text end

deleted text begin (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent
or guardian; or
deleted text end

deleted text begin (3) age 12 or under and is accompanied by a parent or guardian.
deleted text end

Sec. 30.

Minnesota Statutes 2012, section 97A.451, subdivision 4, is amended to read:

Subd. 4.

Residents new text begin and nonresidents new text end under age deleted text begin 13 deleted text end new text begin 16 new text end ; big game.

new text begin (a) A resident
or nonresident age 12, 13, 14, or 15 may not obtain a license to take big game unless
the person possesses a firearms safety certificate or an apprentice hunter validation as
provided under section 97B.022. A nonresident age 12 or 13 must be accompanied by a
parent or guardian to hunt big game.
new text end

new text begin (b) new text end A resident new text begin or nonresident new text end age ten or deleted text begin over and under age 13 deleted text end new text begin 11 must obtain a
license under paragraph (c) and new text end may take big game, provided the person is under the direct
supervision of a parent or guardian where the parent or guardian is within immediate reach.

new text begin (c) new text end A resident new text begin or nonresident new text end age ten deleted text begin or over and under age 13 deleted text end new text begin , 11, or 12 new text end must obtain
a license to take big game deleted text begin and may obtain the license without paying the fee required
deleted text end under section 97A.475, subdivision 2 new text begin or 3 new text end .

Sec. 31.

Minnesota Statutes 2012, section 97A.451, subdivision 5, is amended to read:

Subd. 5.

Nonresident youth; angling.

(a) A nonresident under age 16 may:

(1) take fish by angling without a license if a parent or guardian has a fishing license.
Fish taken by a nonresident under age 16 without a license must be included in the limit
of the parent or guardian;

(2) purchase a youth fishing license under section 97A.475, subdivision 7, paragraph
(a), clause (8), and possess a limit of fish; or

(3) be included under a nonresident family angling license and possess a limit of fish.

(b) A nonresident age 16 or over and under age 18 must purchase a youth license to
angle under section 97A.475, subdivision 7, paragraph (a), clause (8).

new text begin (c) Nonresidents under age 18 may take fish by spearing without a spearing license
but must comply with paragraphs (a) and (b).
new text end

Sec. 32.

Minnesota Statutes 2012, section 97A.475, subdivision 2, is amended to read:

Subd. 2.

Resident hunting.

Fees for the following licenses, to be issued to residents
only, are:

(1) for persons age 18 or over and under age 65 to take small game, $15.50;

(2) for persons age 65 or over, $7 to take small game;

(3) for persons age 18 or over to take turkey, $26;

(4) for persons age 13 or over and under age 18 to take turkey, $5;

(5) for persons age 18 or over to take deer with firearms during the regular firearms
season, $30;

(6) for persons age 18 or over to take deer by archery, $30;

(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $30;

(8) to take moose, for a party of not more than six persons, $356;

(9) to take bear, $44;

(10) to take elk, for a party of not more than two persons, $287;

(11) to take Canada geese during a special season, $4;

(12) to take prairie chickens, $23;

(13) for persons age 13 or over and under age 18 to take deer with firearms during
the regular firearms season, $5;

(14) for persons age 13 or over and under age 18 to take deer by archery, $5;

(15) for persons age 13 or over and under age 18 to take deer by muzzleloader
during the muzzleloader season, $5;

(16) for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $19, of which an amount equal to: one-half of the fee for the
migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
the pheasant habitat improvement account under section 97A.075, subdivision 4; and
one-half of the small game surcharge under subdivision 4, shall be deposited in the
wildlife acquisition account;

(17) for persons age 16 or over and under age 18 to take small game, $5; deleted text begin and
deleted text end

(18) to take wolf, $30 deleted text begin . deleted text end new text begin ;
new text end

new text begin (19) for persons age 12 and under to take turkey, no fee;
new text end

new text begin (20) for persons age 10, 11, or 12 to take deer by firearm, no fee;
new text end

new text begin (21) for persons age 10, 11, or 12 to take deer by archery, no fee; and
new text end

new text begin (22) for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee.
new text end

Sec. 33.

Minnesota Statutes 2012, section 97A.475, subdivision 3, is amended to read:

Subd. 3.

Nonresident hunting.

(a) Fees for the following licenses, to be issued
to nonresidents, are:

(1) for persons age 18 or over to take small game, $90.50;

(2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $160;

(3) for persons age 18 or over to take deer by archery, $160;

(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $160;

(5) to take bear, $225;

(6) for persons age 18 or over to take turkey, $91;

(7) for persons age 13 or over and under age 18 to take turkey, deleted text begin $13 deleted text end new text begin $5 new text end ;

(8) to take raccoon or bobcat, $178;

(9) to take Canada geese during a special season, $4;

(10) for persons age 13 or over and under age 18 to take deer with firearms during
the regular firearms season in any open season option or time period, deleted text begin $15 deleted text end new text begin $5 new text end ;

(11) for persons age 13 or over and under age 18 to take deer by archery, deleted text begin $15 deleted text end new text begin $5 new text end ;

(12) for persons age 13 or over and under age 18 to take deer during the muzzleloader
season, deleted text begin $15 deleted text end new text begin $5 new text end ;

(13) for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $75, of which an amount equal to: one-half of the fee for the
migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
the pheasant habitat improvement account under section 97A.075, subdivision 4; and
one-half of the small game surcharge under subdivision 4, shall be deposited into the
wildlife acquisition account;

(14) for persons age 16 and over and under age 18 to take small game, deleted text begin $15 deleted text end new text begin $5 new text end ; deleted text begin and
deleted text end

(15) to take wolf, $250 deleted text begin . deleted text end new text begin ;
new text end

new text begin (16) for persons age 12 and under to take turkey, no fee;
new text end

new text begin (17) for persons age 10, 11, and 12 to take deer by firearm, no fee;
new text end

new text begin (18) for persons age 10, 11, or 12 to take deer by archery, no fee; and
new text end

new text begin (19) for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee.
new text end

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (6) and (8). An additional commission may not be assessed
on this surcharge.

Sec. 34.

Minnesota Statutes 2012, section 97A.485, subdivision 6, is amended to read:

Subd. 6.

Licenses to be sold and issuing fees.

(a) Persons authorized to sell
licenses under this section must issue the following licenses for the license fee and the
following issuing fees:

(1) to take deer or bear with firearms and by archery, the issuing fee is $1;

(2) Minnesota sporting, the issuing fee is $1;

(3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
animals, the issuing fee is $1;

new text begin (4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application
requires a license purchase at the time of application and the license purchase requires
an application fee;
new text end

new text begin (5) for a prairie chicken license, the issuing fee is $1;
new text end

new text begin (6) for a turkey license, the issuing fee is $1;
new text end

new text begin (7) for an elk license, the issuing fee is $1;
new text end

new text begin (8) for a moose license, the issuing fee is $1;
new text end

new text begin (9) for a wolf license, the issuing fee is $1;
new text end

deleted text begin (4) deleted text end new text begin (10) new text end for a stamp validation that is not issued simultaneously with a license, an
issuing fee of 50 cents may be charged at the discretion of the authorized seller;

deleted text begin (5) deleted text end new text begin (11) new text end for stamp validations issued simultaneously with a license, there is no fee;

deleted text begin (6) deleted text end new text begin (12) new text end for licenses, seals, tags, or coupons issued without a fee under section
97A.441 or 97A.465, deleted text begin an deleted text end new text begin the new text end issuing fee deleted text begin of 50 cents may be charged at the discretion of
the authorized seller deleted text end new text begin is $1 new text end ;

deleted text begin (7) deleted text end new text begin (13) new text end for lifetime licenses, there is no fee; and

deleted text begin (8) deleted text end new text begin (14) new text end for all other licenses, permits, renewals, or applications or any other
transaction through the electronic licensing system under this chapter or any other chapter
when an issuing fee is not specified, an issuing fee of deleted text begin 50 cents deleted text end new text begin $1 new text end may be charged at the
discretion of the authorized seller.

(b) Only one issuing fee may be collected when selling more than one stamp in the
same transaction after the end of the season for which the stamp was issued.

(c) The agent shall keep the issuing fee as a commission for selling the licenses.

(d) The commissioner shall collect the issuing fee on licenses sold by the
commissioner.

(e) A license, except stamps, must state the amount of the issuing fee and that the
issuing fee is kept by the seller as a commission for selling the licenses.

(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:

(1) for licenses to take big game, 75 cents; and

(2) for other licenses, 50 cents.

(g) The commissioner may issue one-day angling licenses in books of ten licenses
each to fishing guides operating charter boats upon receipt of payment of all license
fees, excluding the issuing fee required under this section. Copies of sold and unsold
licenses shall be returned to the commissioner. The commissioner shall refund the charter
boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
maintained by the commissioner for one year.

Sec. 35.

Minnesota Statutes 2012, section 103G.615, subdivision 2, is amended to read:

Subd. 2.

Fees.

(a) deleted text begin The commissioner shall establish a fee schedule for permits to
control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
section 16A.1283 does not apply, but the rule must not take effect until 45 legislative
days after it has been reported to the legislature. deleted text end The fees deleted text begin shall not exceed $2,500 per
permit and deleted text end shall be based upon the cost of receiving, processing, analyzing, and issuing
the permit, and additional costs incurred after the application to inspect and monitor
the activities authorized by the permit, and enforce aquatic plant management rules and
permit requirements. new text begin The permit fee, in the form of a check or money order payable to the
Minnesota Department of Natural Resources, must accompany each permit application.
When application is made to control two or more shoreline nuisance conditions, only the
larger fee applies. Permit fees are:
new text end

deleted text begin (b) A fee for a permit for the deleted text end new text begin (1) to new text end control deleted text begin of deleted text end rooted aquatic deleted text begin vegetation deleted text end new text begin plants
by pesticide or mechanical means, $90 new text end for each contiguous parcel of shoreline owned
by an owner deleted text begin may be charged deleted text end new text begin , including a three-year automatic aquatic plant control
device permit new text end . This fee may not be charged for deleted text begin permits issued in connection with deleted text end purple
loosestrife control or lakewide deleted text begin Eurasian water milfoil control programs. deleted text end new text begin or baywide
invasive aquatic plant management permits;
new text end

new text begin (2) to control filamentous algae, snails that carry swimmer's itch, or leeches, singly
or in combination, $40 for each contiguous parcel or shoreline with a distinct owner;
new text end

new text begin (3) for offshore control of submersed aquatic plants by pesticide or mechanical
means, $90;
new text end

new text begin (4) to control plankton algae or free-floating aquatic plants by lakewide or baywide
application of approved pesticides, $90;
new text end

new text begin (5) for a commercial mechanical control permit, $100 annually, and;
new text end

new text begin (6) for a commercial harvest permit, $100 plus $300 for each public water listed on
the application that requires an inspection. An inspection is required for waters with no
previous permit history and may be required at other times to monitor the status of the
aquatic plant population.
new text end

new text begin (b) There is no permit fee for:
new text end

new text begin (1) permits to transplant aquatic plants in public waters;
new text end

new text begin (2) permits to move or remove a floating bog in public waters if the floating bog is
lodged against the permittee's property and has not taken root;
new text end

new text begin (3) invasive aquatic plant management permits; or
new text end

deleted text begin (c) A fee may not be charged to deleted text end new text begin (4) permits applied for by new text end the state or a federal
governmental agency deleted text begin applying for a permit deleted text end .

deleted text begin (d) deleted text end new text begin (c) new text end A fee for a permit for the control of rooted aquatic vegetation in a public
water basin that is 20 acres or less in size deleted text begin shall be deleted text end new text begin is new text end one-half of the fee established under
paragraph (a) new text begin , clause (1) new text end .

new text begin (d) If the fee does not accompany the application, the applicant shall be notified and
no action will be taken on the application until the fee is received.
new text end

new text begin (e) A fee is refundable only when the application is withdrawn prior to field
inspection or issuance or denial of the permit or when the commissioner determines that
the activity does not require a permit.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end The money received for the permits under this subdivision shall be deposited
in the deleted text begin treasury and credited to the deleted text end water recreation account new text begin in the natural resources fund new text end .

deleted text begin (f) deleted text end new text begin (g) new text end The fee for processing a notification to request authorization for work under
a general permit is $30 deleted text begin , until the commissioner establishes a fee by rule as provided
under this subdivision deleted text end .

Sec. 36.

Minnesota Statutes 2012, section 103I.601, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Exploratory boring inspection fee. new text end

new text begin For each proposed exploratory
boring identified on the map submitted under subdivision 4, an explorer must submit a fee
of $2,000 to the commissioner of natural resources. The fee must be credited to the mineral
data and inspections administration account established in section 93.60 and is appropriated
to the commissioner of natural resources for the reasonable costs incurred for inspections
of exploratory borings by the commissioner of natural resources or the commissioner's
representative. The fee is nonrefundable, even if the exploratory boring is not conducted.
new text end

Sec. 37.

new text begin [115.84] WASTEWATER LABORATORY CERTIFICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Wastewater laboratory certification required. new text end

new text begin (a) Laboratories
performing wastewater or water analytical laboratory work, the results of which are
reported to the agency to determine compliance with a national pollutant discharge
elimination system (NPDES) permit condition or other regulatory document, must be
certified according to this section.
new text end

new text begin (b) This section does not apply to:
new text end

new text begin (1) laboratories that are private and for-profit;
new text end

new text begin (2) laboratories that perform drinking water analyses; or
new text end

new text begin (3) laboratories that perform remediation program analyses, such as Superfund or
petroleum analytical work.
new text end

new text begin (c) Until adoption of rules under subdivision 2, laboratories required to be certified
under this section and submitting data to the agency must register by submitting
registration information required by the agency or be certified or approved by a recognized
certification authority, as required by agency programs.
new text end

new text begin Subd 2. new text end

new text begin Rules. new text end

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

new text begin Subd. 3. new text end

new text begin Fees. new text end

new text begin (a) Until the agency adopts a rule establishing fees for certification,
the agency shall collect fees in amounts necessary to cover the reasonable costs of
the certification program, including reviewing applications, issuing certifications, and
conducting audits and compliance assistance.
new text end

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

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

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin (a) The commissioner may deny, suspend, or revoke
wastewater laboratory certification for, but is not limited to, any of the following reasons:
fraud, failure to follow applicable requirements, failure to respond to documented
deficiencies or complete corrective actions necessary to address deficiencies, failure to pay
certification fees, or other violations of federal or state law.
new text end

new text begin (b) This section and the rules adopted under it may be enforced by any means
provided in section 115.071.
new text end

Sec. 38.

new text begin [115A.141] CARPET PRODUCT STEWARDSHIP PROGRAM;
STEWARDSHIP PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (1) "brand" means a name, symbol, word, or mark that identifies carpet, rather than its
components, and attributes the carpet to the owner or licensee of the brand as the producer;
new text end

new text begin (2) "carpet" means a manufactured article that is used in commercial or single or
multifamily residential buildings, is affixed or placed on the floor or building walking
surface as a decorative or functional building interior or exterior feature, and is primarily
constructed of a top visible surface of synthetic face fibers or yarns or tufts attached to a
backing system derived from synthetic or natural materials. Carpet includes, but is not
limited to, a commercial or residential broadloom carpet or modular carpet tiles. Carpet
includes a pad or underlayment used in conjunction with a carpet. Carpet does not include
handmade rugs, area rugs, or mats;
new text end

new text begin (3) "discarded carpet" means carpet that is no longer used for its manufactured
purpose;
new text end

new text begin (4) "producer" means a person that:
new text end

new text begin (i) has legal ownership of the brand, brand name, or cobrand of carpet sold in the state;
new text end

new text begin (ii) imports carpet branded by a producer that meets subclause (i) when the producer
has no physical presence in the United States;
new text end

new text begin (iii) if subclauses (i) and (ii) do not apply, makes unbranded carpet that is sold
in the state; or
new text end

new text begin (iv) sells carpet at wholesale or retail, does not have legal ownership of the brand,
and elects to fulfill the responsibilities of the producer for the carpet;
new text end

new text begin (5) "recycling" means the process of collecting and preparing recyclable materials and
reusing the materials in their original form or using them in manufacturing processes that
do not cause the destruction of recyclable materials in a manner that precludes further use;
new text end

new text begin (6) "retailer" means any person who offers carpet for sale at retail in the state;
new text end

new text begin (7) "reuse" means donating or selling a collected carpet back into the market for
its original intended use, when the carpet retains its original purpose and performance
characteristics;
new text end

new text begin (8) "sale" or "sell" means transfer of title of carpet for consideration, including a
remote sale conducted through a sales outlet, catalog, Web site, or similar electronic
means. Sale or sell includes a lease through which carpet is provided to a consumer by a
producer, wholesaler, or retailer;
new text end

new text begin (9) "stewardship assessment" means the amount added to the purchase price of
carpet sold in the state that is necessary to cover the cost of collecting, transporting, and
processing postconsumer carpets by the producer or stewardship organization pursuant to
a product stewardship program;
new text end

new text begin (10) "stewardship organization" means an organization appointed by one or more
producers to act as an agent on behalf of the producer to design, submit, and administer a
product stewardship program under this section; and
new text end

new text begin (11) "stewardship plan" means a detailed plan describing the manner in which a
product stewardship program under subdivision 2 will be implemented.
new text end

new text begin Subd. 2. new text end

new text begin Product stewardship program. new text end

new text begin For all carpet sold in the state, producers
must, individually or through a stewardship organization, implement and finance a
statewide product stewardship program that manages carpet by reducing carpet's waste
generation, promoting its reuse and recycling, and providing for negotiation and execution
of agreements to collect, transport, and process carpet for end-of-life recycling and reuse.
new text end

new text begin Subd. 3. new text end

new text begin Requirement for sale. new text end

new text begin (a) On and after January 1, 2015, no producer,
wholesaler, or retailer may sell carpet or offer carpet for sale in the state unless the carpet's
producer participates in an approved stewardship plan, either individually or through a
stewardship organization.
new text end

new text begin (b) Each producer must operate a product stewardship program approved by the
agency or enter into an agreement with a stewardship organization to operate, on the
producer's behalf, a product stewardship program approved by the agency.
new text end

new text begin Subd. 4. new text end

new text begin Requirement to submit plan. new text end

new text begin (a) On or before March 1, 2015, and before
offering carpet for sale in the state, a producer must submit a stewardship plan to the
agency and receive approval of the plan or must submit documentation to the agency that
demonstrates the producer has entered into an agreement with a stewardship organization
to be an active participant in an approved product stewardship program as described in
subdivision 2. A stewardship plan must include all elements required under subdivision 5.
new text end

new text begin (b) At least every three years, a producer or stewardship organization operating a
product stewardship program must update the stewardship plan and submit the updated
plan to the agency for review and approval.
new text end

new text begin (c) It is the responsibility of the entities responsible for each stewardship plan to
notify the agency within 30 days of any significant changes or modifications to the plan or
its implementation. Within 30 days of the notification, a written plan revision must be
submitted to the agency for review and approval.
new text end

new text begin Subd. 5. new text end

new text begin Stewardship plan content. new text end

new text begin A stewardship plan must contain:
new text end

new text begin (1) certification that the product stewardship program will accept all discarded carpet
regardless of which producer produced the carpet and its individual components;
new text end

new text begin (2) contact information for the individual and the entity submitting the plan and for
all producers participating in the product stewardship program;
new text end

new text begin (3) a description of the methods by which discarded carpet will be collected in all
areas in the state without relying on end-of-life fees, including an explanation of how the
collection system will be convenient and adequate to serve the needs of small businesses
and residents in both urban and rural areas on an ongoing basis;
new text end

new text begin (4) a description of how the adequacy of the collection program will be monitored
and maintained;
new text end

new text begin (5) the names and locations of collectors, transporters, and recycling facilities that
will manage discarded carpet;
new text end

new text begin (6) a description of how the discarded carpet and the carpet's components will
be safely and securely transported, tracked, and handled from collection through final
recycling and processing;
new text end

new text begin (7) a description of the method that will be used to reuse, deconstruct, or recycle
the discarded carpet to ensure that the product's components, to the extent feasible, are
transformed or remanufactured into finished products for use;
new text end

new text begin (8) a description of the promotion and outreach activities that will be used to
encourage participation in the collection and recycling programs and how the activities'
effectiveness will be evaluated and the program modified, if necessary;
new text end

new text begin (9) the proposed stewardship assessment. The producer or stewardship organization
shall propose a uniform stewardship assessment for any carpet sold in the state. The
proposed stewardship assessment shall be reviewed by an independent auditor to ensure
that the assessment does not exceed the costs of the product stewardship program and the
independent auditor shall recommend an amount for the stewardship assessment. The
agency must approve the stewardship assessment;
new text end

new text begin (10) evidence of adequate insurance and financial assurance that may be required for
collection, handling, and disposal operations;
new text end

new text begin (11) five-year performance goals, including an estimate of the percentage of
discarded carpet that will be collected, reused, and recycled during each of the first five
years of the stewardship plan. The performance goals must include a specific escalating
goal for the amount of discarded carpet that will be collected and recycled and reused
during each year of the plan. The performance goals must be based on:
new text end

new text begin (i) the most recent collection data available for the state;
new text end

new text begin (ii) the amount of carpet disposed of annually;
new text end

new text begin (iii) the weight of the carpet that is expected to be available for collection annually;
and
new text end

new text begin (iv) actual collection data from other existing stewardship programs.
new text end

new text begin The stewardship plan must state the methodology used to determine these goals;
new text end

new text begin (12) carpet design changes that will be considered to reduce toxicity, water use, or
energy use or to increase recycled content, recyclability, or carpet longevity; and
new text end

new text begin (13) a discussion of market development opportunities to expand use of recovered
carpet, with consideration of expanding processing activity proximate to areas of collection.
new text end

new text begin Subd. 6. new text end

new text begin Consultation required. new text end

new text begin (a) Each stewardship organization or individual
producer submitting a stewardship plan must consult with stakeholders including retailers,
installers, collectors, recyclers, local government, customers, and citizens during the
development of the plan, solicit stakeholder comments, and attempt to address any
stakeholder concerns regarding the plan before submitting the plan to the agency for review.
new text end

new text begin (b) The producer or stewardship organization must invite comments from local
governments, communities, and citizens to report their satisfaction with services, including
education and outreach, provided by the product stewardship program. The information
must be submitted to the agency and used by the agency in reviewing proposed updates or
changes to the stewardship plan.
new text end

new text begin Subd. 7. new text end

new text begin Agency review and approval. new text end

new text begin (a) Within 90 days after receipt of a proposed
stewardship plan, the agency shall determine whether the plan complies with subdivision
5. If the agency approves a plan, the agency shall notify the applicant of the plan approval
in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
submit a revised plan to the agency within 60 days after receiving notice of rejection.
new text end

new text begin (b) Any proposed changes to a stewardship plan must be approved by the agency
in writing.
new text end

new text begin Subd. 8. new text end

new text begin Plan availability. new text end

new text begin All draft and approved stewardship plans shall be placed
on the agency's Web site and made available at the agency's headquarters for public review.
new text end

new text begin Subd. 9. new text end

new text begin Conduct authorized. new text end

new text begin A producer or stewardship organization that
organizes collection, transport, and processing of carpet under this section is immune
from liability for the conduct under state laws relating to antitrust, restraint of trade,
unfair trade practices, and other regulation of trade or commerce only to the extent that
the conduct is necessary to plan and implement the producer's or organization's chosen
organized collection or recycling system.
new text end

new text begin Subd. 10. new text end

new text begin Responsibility of producers. new text end

new text begin (a) On and after the date of implementation
of a product stewardship program under this section, a producer of carpet must add the
stewardship assessment, as established according to subdivision 5, clause (9), to the cost
of the carpet sold to retailers and distributors in the state by the producer.
new text end

new text begin (b) Producers of carpet or the stewardship organization shall provide consumers
with educational materials regarding the stewardship assessment and product stewardship
program. The materials must include, but are not limited to, information regarding available
end-of-life management options for carpet offered through the product stewardship
program and information that notifies consumers that a charge for the operation of the
product stewardship program is included in the purchase price of carpet sold in the state.
new text end

new text begin Subd. 11. new text end

new text begin Responsibility of retailers. new text end

new text begin (a) On and after January 1, 2015, no carpet
may be sold in the state unless the carpet's producer is participating in an approved
stewardship plan.
new text end

new text begin (b) On and after the implementation date of a product stewardship program under
this section, each retailer or distributor, as applicable, must add the amount of the
stewardship assessment to the purchase price of all carpet sold in the state.
new text end

new text begin (c) Any retailer may participate, on a voluntary basis, as a designated collection
point pursuant to a product stewardship program under this section and in accordance
with applicable law.
new text end

new text begin (d) No retailer or distributor shall be found to be in violation of this subdivision if,
on the date the carpet was ordered from the producer or its agent, the producer was listed
as compliant on the agency's Web site according to subdivision 14.
new text end

new text begin Subd. 12. new text end

new text begin Stewardship reports. new text end

new text begin Beginning March 1, 2016, producers of carpet
sold in the state must individually or through a stewardship organization submit an
annual report to the agency describing the product stewardship program. At a minimum,
the report must contain:
new text end

new text begin (1) a description of the methods used to collect, transport, and process carpet in all
regions of the state;
new text end

new text begin (2) the weight of all carpet collected in all regions of the state and a comparison to
the performance goals and recycling rates established in the stewardship plan;
new text end

new text begin (3) the amount of unwanted carpet collected in the state by method of disposition,
including reuse, recycling, and other methods of processing;
new text end

new text begin (4) identification of the facilities processing carpet and the number and weight
processed at each facility;
new text end

new text begin (5) an evaluation of the program's funding mechanism;
new text end

new text begin (6) samples of educational materials provided to consumers and an evaluation of the
effectiveness of the materials and the methods used to disseminate the materials; and
new text end

new text begin (7) a description of progress made toward achieving carpet design changes according
to subdivision 5, clause (12).
new text end

new text begin Subd. 13. new text end

new text begin Data classification. new text end

new text begin Trade secret information, as defined under section
13.37, submitted to the agency under this section is nonpublic data under section 13.37,
subdivision 2.
new text end

new text begin Subd. 14. new text end

new text begin Agency responsibilities. new text end

new text begin The agency shall provide, on its Web site, a
list of all compliant producers and brands participating in stewardship plans that the
agency has approved and a list of all producers and brands the agency has identified as
noncompliant with this section.
new text end

new text begin Subd. 15. new text end

new text begin Local government responsibilities. new text end

new text begin (a) A city, county, or other public
agency may choose to participate voluntarily in a carpet product stewardship program.
new text end

new text begin (b) Cities, counties, and other public agencies are encouraged to work with producers
and stewardship organizations to assist in meeting product stewardship program recycling
obligations, by providing education and outreach or using other strategies.
new text end

new text begin (c) A city, county, or other public agency that participates in a product stewardship
program must report annually to the agency using the reporting form provided by the agency
on the cost savings as a result of participation and describe how the savings were used.
new text end

new text begin Subd. 16. new text end

new text begin Administrative fee. new text end

new text begin (a) The stewardship organization or individual
producer submitting a stewardship plan shall pay the agency an annual administrative
fee. The agency shall set the fee at an amount that, when paid by every stewardship
organization or individual producer that submits a stewardship plan, is adequate to cover
the agency's full costs of administering and enforcing this section. The agency may
establish a variable fee based on relevant factors, including, but not limited to, the portion
of carpet sold in the state by members of the organization compared to the total amount of
carpet sold in the state by all organizations submitting a stewardship plan.
new text end

new text begin (b) The total amount of annual fees collected under this subdivision must not
exceed the amount necessary to cover costs incurred by the agency in connection with the
administration and enforcement of this section.
new text end

new text begin (c) The agency shall identify the direct program development or regulatory costs
it incurs under this section before stewardship plans are submitted and shall establish a
fee in an amount adequate to cover those costs, which shall be paid by a stewardship
organization or individual producer that submits a stewardship plan.
new text end

new text begin (d) A stewardship organization or individual producer subject to this subdivision
must pay the agency's administrative fee under paragraph (a) on or before July 1, ...., and
annually thereafter and the agency's development fee under paragraph (c) on or before
July 1, ...., and annually thereafter through July 1, ..... Each year after the initial payment,
the annual administrative fee may not exceed five percent of the aggregate stewardship
assessment collected for the preceding calendar year.
new text end

new text begin (e) The agency shall deposit the fees collected under this section into a product
stewardship account.
new text end

Sec. 39.

new text begin [115A.1415] ARCHITECTURAL PAINT; PRODUCT STEWARDSHIP
PROGRAM; STEWARDSHIP PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (1) "architectural paint" means interior and exterior architectural coatings sold in
containers of five gallons or less. Architectural paint does not include industrial coatings,
original equipment coatings, or specialty coatings;
new text end

new text begin (2) "brand" means a name, symbol, word, or mark that identifies architectural paint,
rather than its components, and attributes the paint to the owner or licensee of the brand as
the producer;
new text end

new text begin (3) "discarded paint" means architectural paint that is no longer used for its
manufactured purpose;
new text end

new text begin (4) "producer" means a person that:
new text end

new text begin (i) has legal ownership of the brand, brand name, or cobrand of architectural paint
sold in the state;
new text end

new text begin (ii) imports architectural paint branded by a producer that meets subclause (i) when
the producer has no physical presence in the United States;
new text end

new text begin (iii) if subclauses (i) and (ii) do not apply, makes unbranded architectural paint
that is sold in the state; or
new text end

new text begin (iv) sells architectural paint at wholesale or retail, does not have legal ownership of
the brand, and elects to fulfill the responsibilities of the producer for the architectural paint;
new text end

new text begin (5) "recycling" means the process of collecting and preparing recyclable materials and
reusing the materials in their original form or using them in manufacturing processes that
do not cause the destruction of recyclable materials in a manner that precludes further use;
new text end

new text begin (6) "retailer" means any person who offers architectural paint for sale at retail in
the state;
new text end

new text begin (7) "reuse" means donating or selling collected architectural paint back into the
market for its original intended use, when the architectural paint retains its original
purpose and performance characteristics;
new text end

new text begin (8) "sale" or "sell" means transfer of title of architectural paint for consideration,
including a remote sale conducted through a sales outlet, catalog, Web site, or similar
electronic means. Sale or sell includes a lease through which architectural paint is
provided to a consumer by a producer, wholesaler, or retailer;
new text end

new text begin (9) "stewardship assessment" means the amount added to the purchase price of
architectural paint sold in the state that is necessary to cover the cost of collecting,
transporting, and processing postconsumer architectural paint by the producer or
stewardship organization pursuant to a product stewardship program;
new text end

new text begin (10) "stewardship organization" means an organization appointed by one or more
producers to act as an agent on behalf of the producer to design, submit, and administer a
product stewardship program under this section; and
new text end

new text begin (11) "stewardship plan" means a detailed plan describing the manner in which a
product stewardship program under subdivision 2 will be implemented.
new text end

new text begin Subd. 2. new text end

new text begin Product stewardship program. new text end

new text begin For architectural paint sold in the state,
producers must, individually or through a stewardship organization, implement and
finance a statewide product stewardship program that manages the architectural paint by
reducing the paint's waste generation, promoting its reuse and recycling, and providing for
negotiation and execution of agreements to collect, transport, and process the architectural
paint for end-of-life recycling and reuse.
new text end

new text begin Subd. 3. new text end

new text begin Requirement for sale. new text end

new text begin (a) On and after July 1, 2014, or three months after
program plan approval, whichever is sooner, no producer, wholesaler, or retailer may sell
or offer for sale in the state architectural paint unless the paint's producer participates in an
approved stewardship plan, either individually or through a stewardship organization.
new text end

new text begin (b) Each producer must operate a product stewardship program approved by the
agency or enter into an agreement with a stewardship organization to operate, on the
producer's behalf, a product stewardship program approved by the agency.
new text end

new text begin Subd. 4. new text end

new text begin Requirement to submit plan. new text end

new text begin (a) On or before March 1, 2014, and before
offering architectural paint for sale in the state, a producer must submit a stewardship
plan to the agency and receive approval of the plan or must submit documentation to the
agency that demonstrates the producer has entered into an agreement with a stewardship
organization to be an active participant in an approved product stewardship program as
described in subdivision 2. A stewardship plan must include all elements required under
subdivision 5.
new text end

new text begin (b) An amendment to the plan, if determined necessary by the commissioner, must
be submitted every five years.
new text end

new text begin (c) It is the responsibility of the entities responsible for each stewardship plan to
notify the agency within 30 days of any significant changes or modifications to the plan or
its implementation. Within 30 days of the notification, a written plan revision must be
submitted to the agency for review and approval.
new text end

new text begin Subd. 5. new text end

new text begin Stewardship plan content. new text end

new text begin A stewardship plan must contain:
new text end

new text begin (1) certification that the product stewardship program will accept all discarded
paint regardless of which producer produced the architectural paint and its individual
components;
new text end

new text begin (2) contact information for the individual and the entity submitting the plan, a list of
all producers participating in the product stewardship program, and the brands covered by
the product stewardship program;
new text end

new text begin (3) a description of the methods by which the discarded paint will be collected in all
areas in the state without relying on end-of-life fees, including an explanation of how the
collection system will be convenient and adequate to serve the needs of small businesses
and residents in both urban and rural areas on an ongoing basis;
new text end

new text begin (4) a description of how the adequacy of the collection program will be monitored
and maintained;
new text end

new text begin (5) the names and locations of collectors, transporters, and recyclers that will
manage discarded paint;
new text end

new text begin (6) a description of how the discarded paint and the paint's components will be
safely and securely transported, tracked, and handled from collection through final
recycling and processing;
new text end

new text begin (7) a description of the method that will be used to reuse, deconstruct, or recycle
the discarded paint to ensure that the paint's components, to the extent feasible, are
transformed or remanufactured into finished products for use;
new text end

new text begin (8) a description of the promotion and outreach activities that will be used to
encourage participation in the collection and recycling programs and how the activities'
effectiveness will be evaluated and the program modified, if necessary;
new text end

new text begin (9) the proposed stewardship assessment. The producer or stewardship organization
shall propose a uniform stewardship assessment for any architectural paint sold in the
state. The proposed stewardship assessment shall be reviewed by an independent auditor
to ensure that the assessment does not exceed the costs of the product stewardship program
and the independent auditor shall recommend an amount for the stewardship assessment.
The agency must approve the stewardship assessment;
new text end

new text begin (10) evidence of adequate insurance and financial assurance that may be required for
collection, handling, and disposal operations;
new text end

new text begin (11) five-year performance goals, including an estimate of the percentage of
discarded paint that will be collected, reused, and recycled during each of the first five
years of the stewardship plan. The performance goals must include a specific goal for the
amount of discarded paint that will be collected and recycled and reused during each year
of the plan. The performance goals must be based on:
new text end

new text begin (i) the most recent collection data available for the state;
new text end

new text begin (ii) the estimated amount of architectural paint disposed of annually;
new text end

new text begin (iii) the weight of the architectural paint that is expected to be available for collection
annually; and
new text end

new text begin (iv) actual collection data from other existing stewardship programs.
new text end

new text begin The stewardship plan must state the methodology used to determine these goals; and
new text end

new text begin (12) a discussion of the status of end markets for collected architectural paint and
what, if any, additional end markets are needed to improve the functioning of the program.
new text end

new text begin Subd. 6. new text end

new text begin Consultation required. new text end

new text begin Each stewardship organization or individual
producer submitting a stewardship plan must consult with stakeholders including
retailers, contractors, collectors, recyclers, local government, and customers during the
development of the plan.
new text end

new text begin Subd. 7. new text end

new text begin Agency review and approval. new text end

new text begin (a) Within 90 days after receipt of a proposed
stewardship plan, the agency shall determine whether the plan complies with subdivision
4. If the agency approves a plan, the agency shall notify the applicant of the plan approval
in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
submit a revised plan to the agency within 60 days after receiving notice of rejection.
new text end

new text begin (b) Any proposed changes to a stewardship plan must be approved by the agency
in writing.
new text end

new text begin Subd. 8. new text end

new text begin Plan availability. new text end

new text begin All draft and approved stewardship plans shall be placed
on the agency's Web site and made available at the agency's headquarters for public review.
new text end

new text begin Subd. 9. new text end

new text begin Conduct authorized. new text end

new text begin A producer or stewardship organization that
organizes collection, transport, and processing of architectural paint under this section
is immune from liability for the conduct under state laws relating to antitrust, restraint
of trade, unfair trade practices, and other regulation of trade or commerce only to the
extent that the conduct is necessary to plan and implement the producer's or organization's
chosen organized collection or recycling system.
new text end

new text begin Subd. 10. new text end

new text begin Responsibility of producers. new text end

new text begin (a) On and after the date of implementation
of a product stewardship program according to this section, a producer of architectural
paint must add the stewardship assessment, as established under subdivision 5, clause (9),
to the cost of architectural paint sold to retailers and distributors in the state by the producer.
new text end

new text begin (b) Producers of architectural paint or the stewardship organization shall provide
consumers with educational materials regarding the stewardship assessment and product
stewardship program. The materials must include, but are not limited to, information
regarding available end-of-life management options for architectural paint offered through
the product stewardship program and information that notifies consumers that a charge
for the operation of the product stewardship program is included in the purchase price of
architectural paint sold in the state.
new text end

new text begin Subd. 11. new text end

new text begin Responsibility of retailers. new text end

new text begin (a) On and after July 1, 2014, or three months
after program plan approval, whichever is sooner, no architectural paint may be sold in the
state unless the paint's producer is participating in an approved stewardship plan.
new text end

new text begin (b) On and after the implementation date of a product stewardship program
according to this section, each retailer or distributor, as applicable, must add the amount of
the stewardship assessment to the purchase price of all architectural paint sold in the state.
new text end

new text begin (c) Any retailer may participate, on a voluntary basis, as a designated collection
point pursuant to a product stewardship program under this section and in accordance
with applicable law.
new text end

new text begin (d) No retailer or distributor shall be found to be in violation of this subdivision if,
on the date the architectural paint was ordered from the producer or its agent, the producer
was listed as compliant on the agency's Web site according to subdivision 14.
new text end

new text begin Subd. 12. new text end

new text begin Stewardship reports. new text end

new text begin Beginning October 1, 2015, producers of
architectural paint sold in the state must individually or through a stewardship organization
submit an annual report to the agency describing the product stewardship program. At a
minimum, the report must contain:
new text end

new text begin (1) a description of the methods used to collect, transport, and process architectural
paint in all regions of the state;
new text end

new text begin (2) the weight of all architectural paint collected in all regions of the state and a
comparison to the performance goals and recycling rates established in the stewardship
plan;
new text end

new text begin (3) the amount of unwanted architectural paint collected in the state by method of
disposition, including reuse, recycling, and other methods of processing;
new text end

new text begin (4) samples of educational materials provided to consumers and an evaluation of the
effectiveness of the materials and the methods used to disseminate the materials; and
new text end

new text begin (5) an independent financial audit.
new text end

new text begin Subd. 13. new text end

new text begin Data classification. new text end

new text begin Trade secret information, as defined under section
13.37, submitted to the agency under this section is nonpublic data under section 13.37,
subdivision 2.
new text end

new text begin Subd. 14. new text end

new text begin Agency responsibilities. new text end

new text begin The agency shall provide, on its Web site, a
list of all compliant producers and brands participating in stewardship plans that the
agency has approved and a list of all producers and brands the agency has identified as
noncompliant with this section.
new text end

new text begin Subd. 15. new text end

new text begin Local government responsibilities. new text end

new text begin (a) A city, county, or other public
agency may choose to participate voluntarily in a product stewardship program.
new text end

new text begin (b) Cities, counties, and other public agencies are encouraged to work with producers
and stewardship organizations to assist in meeting product stewardship program reuse and
recycling obligations, by providing education and outreach or using other strategies.
new text end

new text begin (c) A city, county, or other public agency that participates in a product stewardship
program must report annually to the agency using the reporting form provided by the agency
on the cost savings as a result of participation and describe how the savings were used.
new text end

new text begin Subd. 16. new text end

new text begin Administrative fee. new text end

new text begin (a) The stewardship organization or individual
producer submitting a stewardship plan shall pay the agency an annual administrative fee.
The agency shall set the fee at an amount that, when paid by every stewardship organization
or individual producer that submits a stewardship plan, is adequate to cover the agency's
full costs of administering and enforcing this section. The agency may establish a variable
fee based on relevant factors, including, but not limited to, the portion of architectural
paint sold in the state by members of the organization compared to the total amount of
architectural paint sold in the state by all organizations submitting a stewardship plan.
new text end

new text begin (b) The total amount of annual fees collected under this subdivision must not exceed
the amount necessary to recover costs incurred by the agency in connection with the
administration and enforcement of this section.
new text end

new text begin (c) The agency shall identify the direct program development or regulatory costs
it incurs under this section before stewardship plans are submitted and shall establish a
fee in an amount adequate to cover those costs, which shall be paid by a stewardship
organization or individual producer that submits a stewardship plan. The commissioner
must make the proposed fee available for public review and comment for at least 30 days.
new text end

new text begin (d) A stewardship organization or individual producer subject to this section must
pay the agency's administrative fee under paragraph (a) on or before July 1, ...., and
annually thereafter and the agency's development fee under paragraph (c) on or before
July 1, ...., and annually thereafter through July 1, ..... Each year after the initial payment,
the annual administrative fee may not exceed five percent of the aggregate stewardship
assessment collected for the preceding calendar year.
new text end

new text begin (e) The agency shall deposit the fees collected under this section into a product
stewardship account.
new text end

Sec. 40.

new text begin [115A.142] PRIMARY BATTERIES; PRODUCT STEWARDSHIP
PROGRAM; STEWARDSHIP PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meaning given:
new text end

new text begin (1) "brand" means a name, symbol, word, or mark that identifies a primary battery,
rather than its components, and attributes the battery to the owner or licensee of the brand
as the producer;
new text end

new text begin (2) "discarded battery" means a primary battery that is no longer used for its
manufactured purpose;
new text end

new text begin (3) "primary battery" means an electric cell that generates an electromotive force by
the direct and usually irreversible conversion of chemical energy into electrical energy.
It cannot be recharged efficiently by an electric current;
new text end

new text begin (4) "producer" means a person that:
new text end

new text begin (i) has legal ownership of the brand, brand name, or cobrand of a primary battery
sold in the state;
new text end

new text begin (ii) imports a primary battery branded by a producer that meets subclause (i) when
the producer has no physical presence in the United States;
new text end

new text begin (iii) if subclauses (i) and (ii) do not apply, makes an unbranded primary battery
that is sold in the state; or
new text end

new text begin (iv) sells a primary battery at wholesale or retail, does not have legal ownership of
the brand, and elects to fulfill the responsibilities of the producer for the battery;
new text end

new text begin (5) "recycling" means the process of collecting and preparing recyclable materials and
reusing the materials in their original form or using them in manufacturing processes that
do not cause the destruction of recyclable materials in a manner that precludes further use;
new text end

new text begin (6) "retailer" means any person who offers primary batteries for sale at retail in
the state;
new text end

new text begin (7) "reuse" means donating or selling a collected primary battery back into the
market for its original intended use, when the primary battery retains its original purpose
and performance characteristics;
new text end

new text begin (8) "sale" or "sell" means transfer of title of a primary battery for consideration,
including a remote sale conducted through a sales outlet, catalog, Web site, or similar
electronic means. Sale or sell includes a lease through which a primary battery is provided
to a consumer by a producer, wholesaler, or retailer;
new text end

new text begin (9) "stewardship organization" means an organization appointed by one or more
producers to act as an agent on behalf of the producer to design, submit, and administer a
product stewardship program under this section; and
new text end

new text begin (10) "stewardship plan" means a detailed plan describing the manner in which a
product stewardship program under subdivision 2 will be implemented.
new text end

new text begin Subd. 2. new text end

new text begin Product stewardship program. new text end

new text begin For each primary battery sold in the
state, producers must, individually or through a stewardship organization, implement
and finance a statewide product stewardship program that manages primary batteries by
reducing primary battery waste generation, promoting primary battery reuse and recycling,
and providing for negotiation and execution of agreements to collect, transport, and
process primary batteries for end-of-life recycling and reuse.
new text end

new text begin Subd. 3. new text end

new text begin Requirement for sale. new text end

new text begin (a) On and after July 1, 2014, or three months after
program plan approval, whichever is sooner, no producer, wholesaler, or retailer may sell
or offer for sale in the state a primary battery unless the battery's producer participates in
an approved stewardship plan, either individually or through a stewardship organization.
new text end

new text begin (b) Each producer must operate a product stewardship program approved by the
agency or enter into an agreement with a stewardship organization to operate, on the
producer's behalf, a product stewardship program approved by the agency.
new text end

new text begin Subd. 4. new text end

new text begin Requirement to submit plan. new text end

new text begin (a) On or before October 1, 2014, and
before offering a primary battery for sale in the state, a producer must submit a stewardship
plan to the agency and receive approval of the plan or must submit documentation to the
agency that demonstrates the producer has entered into an agreement with a stewardship
organization to be an active participant in an approved product stewardship program as
described in subdivision 2. A stewardship plan must include all elements required under
subdivision 5.
new text end

new text begin (b) An amendment to the plan, if determined necessary by the commissioner, must
be submitted every five years.
new text end

new text begin (c) It is the responsibility of the entities responsible for each stewardship plan to
notify the agency within 30 days of any significant changes or modifications to the plan or
its implementation. Within 30 days of the notification, a written plan revision must be
submitted to the agency for review and approval.
new text end

new text begin Subd. 5. new text end

new text begin Stewardship plan content. new text end

new text begin A stewardship plan must contain:
new text end

new text begin (1) certification that the product stewardship program will accept all discarded
batteries regardless of which producer produced the batteries and their individual
components;
new text end

new text begin (2) contact information for the individual and the entity submitting the plan, a list of
all producers participating in the product stewardship program, and the brands covered by
the product stewardship program;
new text end

new text begin (3) a description of the methods by which the discarded batteries will be collected
in all areas in the state without relying on end-of-life fees, including an explanation of
how the collection system will be convenient and adequate to serve the needs of small
businesses and residents in both urban and rural areas on an ongoing basis;
new text end

new text begin (4) a description of how the adequacy of the collection program will be monitored
and maintained;
new text end

new text begin (5) the names and locations of collectors, transporters, and recyclers that will
manage discarded batteries;
new text end

new text begin (6) a description of how the discarded batteries and the batteries' components will
be safely and securely transported, tracked, and handled from collection through final
recycling and processing;
new text end

new text begin (7) a description of the method that will be used to reuse, deconstruct, or recycle
the discarded batteries to ensure that the batteries' components, to the extent feasible, are
transformed or remanufactured into finished batteries for use;
new text end

new text begin (8) a description of the promotion and outreach activities that will be used to
encourage participation in the collection and recycling programs and how the activities'
effectiveness will be evaluated and the program modified, if necessary;
new text end

new text begin (9) evidence of adequate insurance and financial assurance that may be required for
collection, handling, and disposal operations;
new text end

new text begin (10) five-year performance goals, including an estimate of the percentage of
discarded batteries that will be collected, reused, and recycled during each of the first five
years of the stewardship plan. The performance goals must include a specific escalating
goal for the amount of discarded batteries that will be collected and recycled and reused
during each year of the plan. The performance goals must be based on:
new text end

new text begin (i) the most recent collection data available for the state;
new text end

new text begin (ii) the estimated amount of primary batteries disposed of annually;
new text end

new text begin (iii) the weight of primary batteries that is expected to be available for collection
annually; and
new text end

new text begin (iv) actual collection data from other existing stewardship programs.
new text end

new text begin The stewardship plan must state the methodology used to determine these goals; and
new text end

new text begin (11) a discussion of the status of end markets for discarded batteries and what, if any,
additional end markets are needed to improve the functioning of the program.
new text end

new text begin Subd. 6. new text end

new text begin Consultation required. new text end

new text begin Each stewardship organization or individual
producer submitting a stewardship plan must consult with stakeholders including retailers,
collectors, recyclers, local government, and customers during the development of the plan.
new text end

new text begin Subd. 7. new text end

new text begin Agency review and approval. new text end

new text begin (a) Within 90 days after receipt of a proposed
stewardship plan, the agency shall determine whether the plan complies with subdivision
5. If the agency approves a plan, the agency shall notify the applicant of the plan approval
in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
submit a revised plan to the agency within 60 days after receiving notice of rejection.
new text end

new text begin (b) Any proposed changes to a stewardship plan must be approved by the agency
in writing.
new text end

new text begin Subd. 8. new text end

new text begin Plan availability. new text end

new text begin All draft and approved stewardship plans shall be placed
on the agency's Web site and made available at the agency's headquarters for public review.
new text end

new text begin Subd. 9. new text end

new text begin Conduct authorized. new text end

new text begin A producer or stewardship organization that
organizes collection, transport, and processing of primary batteries under this section
is immune from liability for the conduct under state laws relating to antitrust, restraint
of trade, unfair trade practices, and other regulation of trade or commerce only to the
extent that the conduct is necessary to plan and implement the producer's or organization's
chosen organized collection or recycling system.
new text end

new text begin Subd. 10. new text end

new text begin Responsibility of retailers. new text end

new text begin (a) On and after January 1, 2015, or three
months after program plan approval, whichever is sooner, no primary battery may be sold
in the state unless the battery's producer is participating in an approved stewardship plan.
new text end

new text begin (b) Any retailer may participate, on a voluntary basis, as a designated collection
point pursuant to a product stewardship program under this section and in accordance
with applicable law.
new text end

new text begin (c) No retailer or distributor shall be found to be in violation of this subdivision if,
on the date the primary battery was ordered from the producer or its agent, the producer
was listed as compliant on the agency's Web site according to subdivision 12.
new text end

new text begin Subd. 11. new text end

new text begin Stewardship reports. new text end

new text begin Beginning March 1, 2016, producers of primary
batteries sold in the state must individually or through a stewardship organization
submit an annual report to the agency describing the product stewardship program. At a
minimum, the report must contain:
new text end

new text begin (1) a description of the methods used to collect, transport, and process primary
batteries in all regions of the state;
new text end

new text begin (2) the weight of all primary batteries collected in all regions of the state and a
comparison to the performance goals and recycling rates established in the stewardship
plan;
new text end

new text begin (3) the amount of unwanted primary batteries collected in the state by method of
disposition, including reuse, recycling, and other methods of processing;
new text end

new text begin (4) samples of educational materials provided to consumers and an evaluation of the
effectiveness of the materials and the methods used to disseminate the materials; and
new text end

new text begin (5) an independent financial audit.
new text end

new text begin Subd. 12. new text end

new text begin Data classification. new text end

new text begin Trade secret information, as defined under section
13.37, submitted to the agency under this section is nonpublic data under section 13.37,
subdivision 2.
new text end

new text begin Subd. 13. new text end

new text begin Agency responsibilities. new text end

new text begin The agency shall provide, on its Web site, a
list of all compliant producers and brands participating in stewardship plans that the
agency has approved and a list of all producers and brands the agency has identified as
noncompliant with this section.
new text end

new text begin Subd. 14. new text end

new text begin Local government responsibilities. new text end

new text begin (a) A city, county, or other public
agency may choose to participate voluntarily in a product stewardship program.
new text end

new text begin (b) Cities, counties, and other public agencies are encouraged to work with producers
and stewardship organizations to assist in meeting product stewardship program recycling
obligations, by providing education and outreach or using other strategies.
new text end

new text begin (c) A city, county, or other public agency that participates in a product stewardship
program must report annually to the agency using the reporting form provided by the agency
on the cost savings as a result of participation and describe how the savings were used.
new text end

new text begin Subd. 15. new text end

new text begin Administrative fee. new text end

new text begin (a) The stewardship organization or individual
producer submitting a stewardship plan shall pay the agency an annual administrative fee.
The agency shall set the fee at an amount that, when paid by every stewardship organization
or individual producer that submits a stewardship plan, is adequate to cover the agency's
full costs of administering and enforcing this section. The agency may establish a variable
fee based on relevant factors, including, but not limited to, the portion of primary batteries
sold in the state by members of the organization compared to the total amount of primary
batteries sold in the state by all organizations submitting a stewardship plan.
new text end

new text begin (b) The total amount of annual fees collected under this section must not exceed
the amount necessary to recover costs incurred by the agency in connection with the
administration and enforcement of this section.
new text end

new text begin (c) The agency shall identify the direct program development or regulatory costs
it incurs under this section before stewardship plans are submitted and shall establish a
fee in an amount adequate to cover those costs, which shall be paid by a stewardship
organization or individual producer that submits a stewardship plan. The commissioner
must make the proposed fee available for public review and comment for at least 30 days.
new text end

new text begin (d) A stewardship organization or individual producer subject to this section must
pay the agency's administrative fee under paragraph (a) on or before July 1, ...., and
annually thereafter and the agency's development fee under paragraph (c) on or before
July 1, ...., and annually thereafter through July 1, .....
new text end

new text begin (e) The agency shall deposit the fees collected under this section into a product
stewardship account.
new text end

Sec. 41.

new text begin [115A.1425] REPORT TO LEGISLATURE AND GOVERNOR.
new text end

new text begin As part of the report required under section 115A.121, the commissioner of the
Pollution Control Agency shall provide a report to the governor and the legislature on the
implementation of sections 115A.141, 115A.1415, and 115A.142.
new text end

Sec. 42.

Minnesota Statutes 2012, section 127A.30, subdivision 1, is amended to read:

Subdivision 1.

Commission established; membership.

(a) The Legislative
Permanent School Fund Commission of 12 members is established to advise the
Department of Natural Resources deleted text begin and the school trust lands director deleted text end on the management
of permanent school fund land, which is held in trust for the school districts of the state
and to review legislation affecting permanent school fund land. The commission consists
of the following persons:

(1) six members of the senate, including three majority party members appointed by
the majority leader and three minority party members appointed by the minority leader; and

(2) six members of the house of representatives, including three majority party
members appointed by the speaker of the house and three minority party members
appointed by the minority leader.

(b) Appointed legislative members serve at the pleasure of the appointing authority
and continue to serve until their successors are appointed.

(c) The first meeting of the commission shall be convened by the chair of the
Legislative Coordinating Commission. Members shall elect a chair, vice-chair, secretary,
and other officers as determined by the commission. The chair may convene meetings as
necessary to conduct the duties prescribed by this section.

Sec. 43.

Minnesota Statutes 2012, section 127A.351, is amended to read:

127A.351 POLICY AND PURPOSE.

(a) The purpose of sections 127A.351 deleted text begin to 127A.353 deleted text end new text begin and 127A.352 new text end is to deleted text begin establish
a school trust lands director position to recommend deleted text end new text begin ensure the new text end management policies
for Minnesota's school trust lands new text begin as described in sections 92.121 and 127A.31, are new text end in
accordance with the provisions of the Minnesota Constitution, article XI, section 8.

(b) As trustee, the state must manage the lands and revenues generated from the
lands consistent with the best interests of the trust beneficiaries as defined in the Minnesota
Constitution, article XI, section 8. When it is in the best interest of the school trust lands,
ecological benefits shall be taken into consideration.

(c) The trustee must be concerned with both income for the current beneficiaries
and the preservation of trust assets for future beneficiaries, which requires a balancing of
short-term and long-term interests so that long-term benefits are not lost in an effort to
maximize short-term gains.

(d) Sections 127A.351 deleted text begin to 127A.353 deleted text end new text begin and 127A.352 new text end shall be liberally construed
to enable deleted text begin the school trust lands director and deleted text end the commissioner of natural resources to
faithfully fulfill the state's obligations to the trust beneficiaries.

Sec. 44.

Minnesota Statutes 2012, section 127A.352, is amended to read:

127A.352 POLICY RECOMMENDATIONS; DUTIES.

Subdivision 1.

Recommendations.

The Legislative Permanent School Fund
Commission shall recommend policies for deleted text begin the school trust lands director and deleted text end the
commissioner of natural resources that are consistent with the Minnesota Constitution,
state law, and the goals established under section 84.027, subdivision 18.

Subd. 2.

Duties.

The commissioner of natural resources deleted text begin and the school trust lands
director deleted text end shall recommend to the governor and the Legislative Permanent School Fund
Commission any necessary or desirable changes in statutes relating to the trust or deleted text begin their deleted text end new text begin the
commissioner's new text end trust responsibilities consistent with the policies under section 127A.351.

deleted text begin Subd. 3. deleted text end

deleted text begin Notice to commission and governor. deleted text end

deleted text begin If the school trust lands director has
an irreconcilable disagreement with the commissioner of natural resources pertaining to
the fiduciary responsibilities consistent with the school trust lands, it is the duty of the
director to report the subject of the disagreement to the Legislative Permanent School
Fund Commission and the governor.
deleted text end

Sec. 45.

Minnesota Statutes 2012, section 168.1296, subdivision 1, is amended to read:

Subdivision 1.

General requirements and procedures.

(a) The commissioner shall
issue critical habitat plates to an applicant who:

(1) is a registered owner of a passenger automobile as defined in section 168.002,
subdivision 24, or recreational vehicle as defined in section 168.002, subdivision 27;

(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 $30 deleted text end new text begin $40 new text end annually to the Minnesota critical habitat
private sector matching account established in section 84.943; and

(6) complies with this chapter and rules governing registration of motor vehicles
and licensing of drivers.

(b) The critical habitat plate application must indicate that the annual 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) Owners of recreational vehicles under paragraph (a), clause (1), are eligible
only for special critical habitat license plates for which the designs are selected under
subdivision 2, on or after January 1, 2006.

(d) Special critical habitat license plates, the designs for which are selected under
subdivision 2, on or after January 1, 2006, may be personalized according to section
168.12, subdivision 2a.

Sec. 46.

Minnesota Statutes 2012, section 239.101, subdivision 3, is amended to read:

Subd. 3.

Petroleum inspection fee; appropriation, uses.

(a) An inspection fee
is imposed (1) on petroleum products when received by the first licensed distributor,
and (2) on petroleum products received and held for sale or use by any person when the
petroleum products have not previously been received by a licensed distributor. The
petroleum inspection fee is $1 for every 1,000 gallons received. The commissioner of
revenue shall collect the fee. The revenue from deleted text begin 81 deleted text end new text begin 89 new text end cents of the fee is appropriated to
the commissioner of commerce for the cost of operations of the Division of Weights and
Measures, petroleum supply monitoring, and to make grants to providers of low-income
weatherization services to install renewable energy equipment in households that are
eligible for weatherization assistance under Minnesota's weatherization assistance
program state plan. The remainder of the fee must be deposited in the general fund.

(b) The commissioner of revenue shall credit a person for inspection fees previously
paid in error or for any material exported or sold for export from the state upon filing of a
report as prescribed by the commissioner of revenue.

(c) The commissioner of revenue may collect the inspection fee along with any
taxes due under chapter 296A.

Sec. 47.

Minnesota Statutes 2012, section 275.066, is amended to read:

275.066 SPECIAL TAXING DISTRICTS; DEFINITION.

For the purposes of property taxation and property tax state aids, the term "special
taxing districts" includes the following entities:

(1) watershed districts under chapter 103D;

(2) sanitary districts under sections deleted text begin 115.18 to 115.37 deleted text end new text begin 442A.01 to 442A.29 new text end ;

(3) regional sanitary sewer districts under sections 115.61 to 115.67;

(4) regional public library districts under section 134.201;

(5) park districts under chapter 398;

(6) regional railroad authorities under chapter 398A;

(7) hospital districts under sections 447.31 to 447.38;

(8) St. Cloud Metropolitan Transit Commission under sections 458A.01 to 458A.15;

(9) Duluth Transit Authority under sections 458A.21 to 458A.37;

(10) regional development commissions under sections 462.381 to 462.398;

(11) housing and redevelopment authorities under sections 469.001 to 469.047;

(12) port authorities under sections 469.048 to 469.068;

(13) economic development authorities under sections 469.090 to 469.1081;

(14) Metropolitan Council under sections 473.123 to 473.549;

(15) Metropolitan Airports Commission under sections 473.601 to 473.680;

(16) Metropolitan Mosquito Control Commission under sections 473.701 to 473.716;

(17) Morrison County Rural Development Financing Authority under Laws 1982,
chapter 437, section 1;

(18) Croft Historical Park District under Laws 1984, chapter 502, article 13, section 6;

(19) East Lake County Medical Clinic District under Laws 1989, chapter 211,
sections 1 to 6;

(20) Floodwood Area Ambulance District under Laws 1993, chapter 375, article
5, section 39;

(21) Middle Mississippi River Watershed Management Organization under sections
103B.211 and 103B.241;

(22) emergency medical services special taxing districts under section 144F.01;

(23) a county levying under the authority of section 103B.241, 103B.245, or
103B.251;

(24) Southern St. Louis County Special Taxing District; Chris Jensen Nursing Home
under Laws 2003, First Special Session chapter 21, article 4, section 12;

(25) an airport authority created under section 360.0426; and

(26) any other political subdivision of the state of Minnesota, excluding counties,
school districts, cities, and towns, that has the power to adopt and certify a property tax
levy to the county auditor, as determined by the commissioner of revenue.

Sec. 48.

new text begin [442A.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For the purposes of this chapter, the terms defined
in this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Chief administrative law judge. new text end

new text begin "Chief administrative law judge" means
the chief administrative law judge of the Office of Administrative Hearings or the delegate
of the chief administrative law judge under section 14.48.
new text end

new text begin Subd. 3. new text end

new text begin District. new text end

new text begin "District" means a sanitary district created under this chapter or
under Minnesota Statutes 2012, sections 115.18 to 115.37.
new text end

new text begin Subd. 4. new text end

new text begin Municipality. new text end

new text begin "Municipality" means a city, however organized.
new text end

new text begin Subd. 5. new text end

new text begin Property owner. new text end

new text begin "Property owner" means the fee owner of land, or the
beneficial owner of land whose interest is primarily one of possession and enjoyment.
Property owner includes, but is not limited to, vendees under a contract for deed and
mortgagors. Any reference to a percentage of property owners means in number.
new text end

new text begin Subd. 6. new text end

new text begin Related governing body. new text end

new text begin "Related governing body" means the governing
body of a related governmental subdivision and, in the case of an organized town, means
the town board.
new text end

new text begin Subd. 7. new text end

new text begin Related governmental subdivision. new text end

new text begin "Related governmental subdivision"
means a municipality or organized town wherein there is a territorial unit of a district or, in
the case of an unorganized area, the county.
new text end

new text begin Subd. 8. new text end

new text begin Statutory city. new text end

new text begin "Statutory city" means a city organized as provided by
chapter 412, under the plan other than optional.
new text end

new text begin Subd. 9. new text end

new text begin Territorial unit. new text end

new text begin "Territorial unit" means all that part of a district situated
within a single municipality, within a single organized town outside of a municipality, or,
in the case of an unorganized area, within a single county.
new text end

Sec. 49.

new text begin [442A.015] APPLICABILITY.
new text end

new text begin All new sanitary district formations proposed and all sanitary districts previously
formed under Minnesota Statutes 2012, sections 115.18 to 115.37, must comply with this
chapter, including annexations to, detachments from, and resolutions of sanitary districts
previously formed under Minnesota Statutes 2012, sections 115.18 to 115.37.
new text end

Sec. 50.

new text begin [442A.02] SANITARY DISTRICTS; PROCEDURES AND AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Duty of chief administrative law judge. new text end

new text begin The chief administrative
law judge shall conduct proceedings, make determinations, and issue orders for the
creation of a sanitary district formed under this chapter or the annexation, detachment,
or dissolution of a sanitary district previously formed under Minnesota Statutes 2012,
sections 115.18 to 115.37.
new text end

new text begin Subd. 2. new text end

new text begin Consolidation of proceedings. new text end

new text begin The chief administrative law judge may
order the consolidation of separate proceedings in the interest of economy and expedience.
new text end

new text begin Subd. 3. new text end

new text begin Contracts, consultants. new text end

new text begin The chief administrative law judge may contract
with regional, state, county, or local planning commissions and hire expert consultants to
provide specialized information and assistance.
new text end

new text begin Subd. 4. new text end

new text begin Powers of conductor of proceedings. new text end

new text begin Any person conducting a
proceeding under this chapter may administer oaths and affirmations; receive testimony
of witnesses, and the production of papers, books, and documents; examine witnesses;
and receive and report evidence. Upon the written request of a presiding administrative
law judge or a party, the chief administrative law judge may issue a subpoena for the
attendance of a witness or the production of books, papers, records, or other documents
material to any proceeding under this chapter. The subpoena is enforceable through the
district court in the district in which the subpoena is issued.
new text end

new text begin Subd. 5. new text end

new text begin Rulemaking authority. new text end

new text begin The chief administrative law judge may adopt rules
according to section 14.386 that are reasonably necessary to carry out the duties and powers
imposed upon the chief administrative law judge under this chapter. Notwithstanding
section 16A.1283, the chief administrative law judge may adopt rules establishing fees.
new text end

new text begin Subd. 6. new text end

new text begin Schedule of filing fees. new text end

new text begin The chief administrative law judge may prescribe
by rule a schedule of filing fees for any petitions filed under this chapter.
new text end

new text begin Subd. 7. new text end

new text begin Request for hearing transcripts; costs. new text end

new text begin Any party may request the chief
administrative law judge to cause a transcript of the hearing to be made. Any party
requesting a copy of the transcript is responsible for its costs.
new text end

new text begin Subd. 8. new text end

new text begin Compelled meetings; report. new text end

new text begin (a) In any proceeding under this chapter,
the chief administrative law judge or conductor of the proceeding may at any time in the
process require representatives from any petitioner, property owner, or involved city, town,
county, political subdivision, or other governmental entity to meet together to discuss
resolution of issues raised by the petition or order that confers jurisdiction on the chief
administrative law judge and other issues of mutual concern. The chief administrative
law judge or conductor of the proceeding may determine which entities are required
to participate in these discussions. The chief administrative law judge or conductor of
the proceeding may require that the parties meet at least three times during a 60-day
period. The parties shall designate a person to report to the chief administrative law
judge or conductor of the proceeding on the results of the meetings immediately after the
last meeting. The parties may be granted additional time at the discretion of the chief
administrative law judge or conductor of the proceedings.
new text end

new text begin (b) Any proposed resolution or settlement of contested issues that results in a
sanitary district formation, annexation, detachment, or dissolution; places conditions on
any future sanitary district formation, annexation, detachment, or dissolution; or results in
the withdrawal of an objection to a pending proceeding or the withdrawal of a pending
proceeding must be filed with the chief administrative law judge and is subject to the
applicable procedures and statutory criteria of this chapter.
new text end

new text begin Subd. 9. new text end

new text begin Data from state agencies. new text end

new text begin The chief administrative law judge may
request information from any state department or agency to assist in carrying out the chief
administrative law judge's duties under this chapter. The department or agency shall
promptly furnish the requested information.
new text end

new text begin Subd. 10. new text end

new text begin Permanent official record. new text end

new text begin The chief administrative law judge shall
provide information about sanitary district creations, annexations, detachments, and
dissolutions to the Minnesota Pollution Control Agency. The Minnesota Pollution Control
Agency is responsible for maintaining the official record, including all documentation
related to the processes.
new text end

new text begin Subd. 11. new text end

new text begin Shared program costs and fee revenue. new text end

new text begin The chief administrative
law judge and the Minnesota Pollution Control Agency shall agree on an amount to be
transferred from the Minnesota Pollution Control Agency to the chief administrative law
judge to pay for administration of this chapter, including publication and notification costs.
Sanitary district fees collected by the chief administrative law judge shall be deposited in
the environmental fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 5 is effective the day following final enactment.
new text end

Sec. 51.

new text begin [442A.03] FILING OF MAPS IN SANITARY DISTRICT
PROCEEDINGS.
new text end

new text begin Any party initiating a sanitary district proceeding that includes platted land shall file
with the chief administrative law judge maps which are necessary to support and identify
the land description. The maps shall include copies of plats.
new text end

Sec. 52.

new text begin [442A.04] SANITARY DISTRICT CREATION.
new text end

new text begin Subdivision 1. new text end

new text begin Sanitary district creation. new text end

new text begin (a) A sanitary district may be created
under this chapter for any territory embracing an area or a group of two or more adjacent
areas, whether contiguous or separate, but not situated entirely within the limits of a
single municipality. The proposed sanitary district must promote the public health and
welfare by providing an adequate and efficient system and means of collecting, conveying,
pumping, treating, and disposing of domestic sewage and garbage and industrial wastes
within the district. When the chief administrative law judge or the Minnesota Pollution
Control Agency finds that there is need throughout the territory for the accomplishment
of these purposes; that these purposes can be effectively accomplished on an equitable
basis by a district if created; and that the creation and maintenance of a district will be
administratively feasible and in furtherance of the public health, safety, and welfare, the
chief administrative law judge shall make an order creating the sanitary district.
new text end

new text begin (b) Notwithstanding paragraph (a), no district shall be created within 25 miles of the
boundary of any city of the first class without the approval of the governing body thereof
and the approval of the governing body of each and every municipality in the proposed
district by resolution filed with the chief administrative law judge.
new text end

new text begin (c) If the chief administrative law judge and the Minnesota Pollution Control Agency
disagree on the need to create a sanitary district, they must determine whether not allowing
the sanitary district formation will have a detrimental effect on the environment. If it is
determined that the sanitary district formation will prevent environmental harm, the sanitary
district creation or connection to an existing wastewater treatment system must occur.
new text end

new text begin Subd. 2. new text end

new text begin Proceeding to create sanitary district. new text end

new text begin (a) A proceeding for the creation
of a district may be initiated by a petition to the chief administrative law judge containing
the following:
new text end

new text begin (1) a request for creation of the proposed district;
new text end

new text begin (2) the name proposed for the district, to include the words "sanitary district";
new text end

new text begin (3) a legal description of the territory of the proposed district, including justification
for inclusion or exclusion for all parcels;
new text end

new text begin (4) addresses of every property owner within the proposed district boundaries as
provided by the county auditor, with certification from the county auditor; two sets of
address labels for said owners; and a list of e-mail addresses for said owners, if available;
new text end

new text begin (5) a statement showing the existence in the territory of the conditions requisite for
creation of a district as prescribed in subdivision 1;
new text end

new text begin (6) a statement of the territorial units represented by and the qualifications of the
respective signers; and
new text end

new text begin (7) the post office address of each signer, given under the signer's signature.
new text end

new text begin A petition may consist of separate writings of like effect, each signed by one or more
qualified persons, and all such writings, when filed, shall be considered together as a
single petition.
new text end

new text begin (b) Petitioners must conduct and pay for a public meeting to inform citizens of the
proposed creation of the district. At the meeting, information must be provided, including
a description of the district's proposed structure, bylaws, territory, ordinances, budget, and
charges and a description of the territory of the proposed district, including justification
for inclusion or exclusion for all parcels. Notice of the meeting must be published for two
successive weeks in a qualified newspaper, as defined under chapter 331A, published
within the territory of the proposed district or, if there is no qualified newspaper published
within the territory, in a qualified newspaper of general circulation in the territory, and
must be posted for two weeks in each territorial unit of the proposed district and on the
Web site of the proposed district, if one exists. Notice of the meeting must be mailed or
e-mailed at least three weeks prior to the meeting to all property tax billing addresses for
all parcels included in the proposed district. The following must be submitted to the chief
administrative law judge with the petition:
new text end

new text begin (1) a record of the meeting, including copies of all information provided at the
meeting;
new text end

new text begin (2) new text end new text begin a copy of the mailing list provided by the county auditor and used to notify
property owners of the meeting;
new text end

new text begin (3) a copy of the e-mail list used to notify property owners of the meeting;
new text end

new text begin (4) the printer's affidavit of publication of public meeting notice;
new text end

new text begin (5) an affidavit of posting the public meeting notice with information on dates and
locations of posting; and
new text end

new text begin (6) the minutes or other record of the public meeting documenting that the following
topics were discussed: printer's affidavit of publication of each resolution, with a copy
of the resolution from the newspaper attached; and the affidavit of resolution posting
on the town or proposed district Web site.
new text end

new text begin (c) Every petition must be signed as follows:
new text end

new text begin (1) for each municipality wherein there is a territorial unit of the proposed district,
by an authorized officer pursuant to a resolution of the municipal governing body;
new text end

new text begin (2) for each organized town wherein there is a territorial unit of the proposed district,
by an authorized officer pursuant to a resolution of the town board;
new text end

new text begin (3) for each county wherein there is a territorial unit of the proposed district consisting
of an unorganized area, by an authorized officer pursuant to a resolution of the county
board or by at least 20 percent of the voters residing and owning land within the unit.
new text end

new text begin (d) Each resolution must be published in the official newspaper of the governing
body adopting it and becomes effective 40 days after publication, unless within said
period there shall be filed with the governing body a petition signed by qualified electors
of a territorial unit of the proposed district, equal in number to five percent of the number
of electors voting at the last preceding election of the governing body, requesting a
referendum on the resolution, in which case the resolution may not become effective until
approved by a majority of the qualified electors voting at a regular election or special
election that the governing body may call. The notice of an election and the ballot to be
used must contain the text of the resolution followed by the question: "Shall the above
resolution be approved?"
new text end

new text begin (e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
the signer's landowner status as shown by the county auditor's tax assessment records,
certified by the auditor, shall be attached to or endorsed upon the petition.
new text end

new text begin (f) At any time before publication of the public notice required in subdivision 3,
additional signatures may be added to the petition or amendments of the petition may
be made to correct or remedy any error or defect in signature or otherwise except a
material error or defect in the description of the territory of the proposed district. If the
qualifications of any signer of a petition are challenged, the chief administrative law judge
shall determine the challenge forthwith on the allegations of the petition, the county
auditor's certificate of land ownership, and such other evidence as may be received.
new text end

new text begin Subd. 3. new text end

new text begin Notice of intent to create sanitary district. new text end

new text begin (a) Upon receipt of a petition
and the record of the public meeting required under subdivision 2, the chief administrative
law judge shall publish a notice of intent to create the proposed sanitary district in the State
Register and mail or e-mail information of that publication to each property owner in the
affected territory at the owner's address as given by the county auditor. The information
must state the date that the notice will appear in the State Register and give the Web site
location for the State Register. The notice must:
new text end

new text begin (1) describe the petition for creation of the district;
new text end

new text begin (2) describe the territory affected by the petition;
new text end

new text begin (3) allow 30 days for submission of written comments on the petition;
new text end

new text begin (4) state that a person who objects to the petition may submit a written request for
hearing to the chief administrative law judge within 30 days of the publication of the
notice in the State Register; and
new text end

new text begin (5) state that if a timely request for hearing is not received, the chief administrative
law judge may make a decision on the petition.
new text end

new text begin (b) If 50 or more individual timely requests for hearing are received, the chief
administrative law judge must hold a hearing on the petition according to the contested
case provisions of chapter 14. The sanitary district proposers are responsible for paying all
costs involved in publicizing and holding a hearing on the petition.
new text end

new text begin Subd. 4. new text end

new text begin Hearing time, place. new text end

new text begin If a hearing is required pursuant to subdivision 3, the
chief administrative law judge shall designate a time and place for a hearing according
to section 442A.13.
new text end

new text begin Subd. 5. new text end

new text begin Relevant factors. new text end

new text begin (a) In arriving at a decision, the chief administrative law
judge shall consider the following factors:
new text end

new text begin (1) administrative feasibility;
new text end

new text begin (2) public health, safety, and welfare impacts;
new text end

new text begin (3) alternatives for managing the public health impacts;
new text end

new text begin (4) equities of the petition proposal;
new text end

new text begin (5) contours of the petition proposal; and
new text end

new text begin (6) public notification of and interaction on the petition proposal.
new text end

new text begin (b) Based on the factors in paragraph (a), the chief administrative law judge may
order the sanitary district creation on finding that:
new text end

new text begin (1) the proposed district is administratively feasible;
new text end

new text begin (2) the proposed district provides a long-term, equitable solution to pollution
problems affecting public health, safety, and welfare;
new text end

new text begin (3) property owners within the proposed district were provided notice of the
proposed district and opportunity to comment on the petition proposal; and
new text end

new text begin (4) the petition complied with the requirements of all applicable statutes and rules
pertaining to sanitary district creation.
new text end

new text begin (c) The chief administrative law judge may alter the boundaries of the proposed
sanitary district by increasing or decreasing the area to be included or may exclude
property that may be better served by another unit of government. The chief administrative
law judge may also alter the boundaries of the proposed district so as to follow visible,
clearly recognizable physical features for municipal boundaries.
new text end

new text begin (d) The chief administrative law judge may deny sanitary district creation if the area,
or a part thereof, would be better served by an alternative method.
new text end

new text begin (e) In all cases, the chief administrative law judge shall set forth the factors that are
the basis for the decision.
new text end

new text begin Subd. 6. new text end

new text begin Findings; order. new text end

new text begin After the public notice period or the public hearing, if
required under subdivision 3, and based on the petition, any public comments received,
and, if a hearing was held, the hearing record, the chief administrative law judge shall
make findings of fact and conclusions determining whether the conditions requisite for the
creation of a district exist in the territory described in the petition. If the chief administrative
law judge finds that the conditions exist, the judge may make an order creating a district
for the territory described in that petition under the name proposed in the petition or such
other name, including the words "sanitary district," as the judge deems appropriate.
new text end

new text begin Subd. 7. new text end

new text begin Denial of petition. new text end

new text begin If the chief administrative law judge, after conclusion
of the public notice period or holding a hearing, if required, determines that the creation of
a district in the territory described in the petition is not warranted, the judge shall make
an order denying the petition. The chief administrative law judge shall give notice of the
denial by mail or e-mail to each signer of the petition. No petition for the creation of a
district consisting of the same territory shall be entertained within a year after the date of
an order under this subdivision. Nothing in this subdivision precludes action on a petition
for the creation of a district embracing part of the territory with or without other territory.
new text end

new text begin Subd. 8. new text end

new text begin Notice of order creating sanitary district. new text end

new text begin The chief administrative law
judge shall publish a notice in the State Register of the final order creating a sanitary
district, referring to the date of the order and describing the territory of the district, and
shall mail or e-mail information of the publication to each property owner in the affected
territory at the owner's address as given by the county auditor. The information must state
the date that the notice will appear in the State Register and give the Web site location
for the State Register. The notice must:
new text end

new text begin (1) describe the petition for creation of the district;
new text end

new text begin (2) describe the territory affected by the petition; and
new text end

new text begin (3) state that a certified copy of the order shall be delivered to the secretary of state
for filing ten days after public notice of the order in the State Register.
new text end

new text begin Subd. 9. new text end

new text begin Filing. new text end

new text begin Ten days after public notice of the order in the State Register, the
chief administrative law judge shall deliver a certified copy of the order to the secretary
of state for filing. Thereupon, the creation of the district is deemed complete, and it
shall be conclusively presumed that all requirements of law relating thereto have been
complied with. The chief administrative law judge shall also transmit a certified copy of
the order for filing to the county auditor of each county and the clerk or recorder of each
municipality and organized town wherein any part of the territory of the district is situated
and to the secretary of the district board when elected.
new text end

Sec. 53.

new text begin [442A.05] SANITARY DISTRICT ANNEXATION.
new text end

new text begin Subdivision 1. new text end

new text begin Annexation. new text end

new text begin (a) A sanitary district annexation may occur under
this chapter for any area adjacent to an existing district upon a petition to the chief
administrative law judge stating the grounds therefor as provided in this section.
new text end

new text begin (b) The proposed annexation area must embrace an area or a group of two or more
adjacent areas, whether contiguous or separate, but not situated entirely within the limits
of a single municipality. The proposed annexation must promote public health and
welfare by providing an adequate and efficient system and means of collecting, conveying,
pumping, treating, and disposing of domestic sewage and garbage and industrial wastes
within the district. When the chief administrative law judge or the Minnesota Pollution
Control Agency finds that there is need throughout the territory for the accomplishment of
these purposes, that these purposes can be effectively accomplished on an equitable basis
by annexation to a district, and that the creation and maintenance of such annexation will
be administratively feasible and in furtherance of the public health, safety, and welfare,
the chief administrative law judge shall make an order for sanitary district annexation.
new text end

new text begin (c) Notwithstanding paragraph (b), no annexation to a district shall be approved
within 25 miles of the boundary of any city of the first class without the approval
of the governing body thereof and the approval of the governing body of each and
every municipality in the proposed annexation area by resolution filed with the chief
administrative law judge.
new text end

new text begin (d) If the chief administrative law judge and the Minnesota Pollution Control Agency
disagree on the need for a sanitary district annexation, they must determine whether not
allowing the sanitary district annexation will have a detrimental effect on the environment.
If it is determined that the sanitary district annexation will prevent environmental harm,
the sanitary district annexation or connection to an existing wastewater treatment system
must occur.
new text end

new text begin Subd. 2. new text end

new text begin Proceeding for annexation. new text end

new text begin (a) A proceeding for sanitary district
annexation may be initiated by a petition to the chief administrative law judge containing
the following:
new text end

new text begin (1) a request for proposed annexation to a sanitary district;
new text end

new text begin (2) a legal description of the territory of the proposed annexation, including
justification for inclusion or exclusion for all parcels;
new text end

new text begin (3) addresses of every property owner within the existing sanitary district and
proposed annexation area boundaries as provided by the county auditor, with certification
from the county auditor; two sets of address labels for said owners; and a list of e-mail
addresses for said owners, if available;
new text end

new text begin (4) a statement showing the existence in such territory of the conditions requisite
for annexation to a district as prescribed in subdivision 1;
new text end

new text begin (5) a statement of the territorial units represented by and qualifications of the
respective signers; and
new text end

new text begin (6) the post office address of each signer, given under the signer's signature.
new text end

new text begin A petition may consist of separate writings of like effect, each signed by one or more
qualified persons, and all such writings, when filed, shall be considered together as a
single petition.
new text end

new text begin (b) Petitioners must conduct and pay for a public meeting to inform citizens of the
proposed annexation to a sanitary district. At the meeting, information must be provided,
including a description of the existing sanitary district's structure, bylaws, territory,
ordinances, budget, and charges; a description of the existing sanitary district's territory;
and a description of the territory of the proposed annexation area, including justification
for inclusion or exclusion for all parcels for the annexation area. Notice of the meeting
must be published for two successive weeks in a qualified newspaper, as defined under
chapter 331A, published within the territories of the existing sanitary district and proposed
annexation area or, if there is no qualified newspaper published within those territories, in
a qualified newspaper of general circulation in the territories, and must be posted for two
weeks in each territorial unit of the existing sanitary district and proposed annexation area
and on the Web site of the existing sanitary district, if one exists. Notice of the meeting
must be mailed or e-mailed at least three weeks prior to the meeting to all property tax
billing addresses for all parcels included in the existing sanitary district and proposed
annexation area. The following must be submitted to the chief administrative law judge
with the petition:
new text end

new text begin (1) a record of the meeting, including copies of all information provided at the
meeting;
new text end

new text begin (2) a copy of the mailing list provided by the county auditor and used to notify
property owners of the meeting;
new text end

new text begin (3) a copy of the e-mail list used to notify property owners of the meeting;
new text end

new text begin (4) the printer's affidavit of publication of the public meeting notice;
new text end

new text begin (5) an affidavit of posting the public meeting notice with information on dates and
locations of posting; and
new text end

new text begin (6) the minutes or other record of the public meeting documenting that the following
topics were discussed: printer's affidavit of publication of each resolution, with copy
of resolution from newspaper attached; and affidavit of resolution posting on town or
existing sanitary district Web site.
new text end

new text begin (c) Every petition must be signed as follows:
new text end

new text begin (1) by an authorized officer of the existing sanitary district pursuant to a resolution
of the board;
new text end

new text begin (2) for each municipality wherein there is a territorial unit of the proposed annexation
area, by an authorized officer pursuant to a resolution of the municipal governing body;
new text end

new text begin (3) for each organized town wherein there is a territorial unit of the proposed
annexation area, by an authorized officer pursuant to a resolution of the town board; and
new text end

new text begin (4) for each county wherein there is a territorial unit of the proposed annexation area
consisting of an unorganized area, by an authorized officer pursuant to a resolution of the
county board or by at least 20 percent of the voters residing and owning land within the unit.
new text end

new text begin (d) Each resolution must be published in the official newspaper of the governing
body adopting it and becomes effective 40 days after publication, unless within said
period there shall be filed with the governing body a petition signed by qualified electors
of a territorial unit of the proposed annexation area, equal in number to five percent of the
number of electors voting at the last preceding election of the governing body, requesting
a referendum on the resolution, in which case the resolution may not become effective
until approved by a majority of the qualified electors voting at a regular election or special
election that the governing body may call. The notice of an election and the ballot to be
used must contain the text of the resolution followed by the question: "Shall the above
resolution be approved?"
new text end

new text begin (e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
the signer's landowner status as shown by the county auditor's tax assessment records,
certified by the auditor, shall be attached to or endorsed upon the petition.
new text end

new text begin (f) At any time before publication of the public notice required in subdivision 4,
additional signatures may be added to the petition or amendments of the petition may be
made to correct or remedy any error or defect in signature or otherwise except a material
error or defect in the description of the territory of the proposed annexation area. If the
qualifications of any signer of a petition are challenged, the chief administrative law judge
shall determine the challenge forthwith on the allegations of the petition, the county
auditor's certificate of land ownership, and such other evidence as may be received.
new text end

new text begin Subd. 3. new text end

new text begin Joint petition. new text end

new text begin Different areas may be annexed to a district in a single
proceeding upon a joint petition therefor and upon compliance with the provisions of
subdivisions 1 and 2 with respect to the area affected so far as applicable.
new text end

new text begin Subd. 4. new text end

new text begin Notice of intent for sanitary district annexation. new text end

new text begin (a) Upon receipt
of a petition and the record of public meeting required under subdivision 2, the chief
administrative law judge shall publish a notice of intent for sanitary district annexation
in the State Register and mail or e-mail information of the publication to each property
owner in the affected territory at the owner's address as given by the county auditor. The
information must state the date that the notice will appear in the State Register and give
the Web site location for the State Register. The notice must:
new text end

new text begin (1) describe the petition for sanitary district annexation;
new text end

new text begin (2) describe the territory affected by the petition;
new text end

new text begin (3) allow 30 days for submission of written comments on the petition;
new text end

new text begin (4) state that a person who objects to the petition may submit a written request for
hearing to the chief administrative law judge within 30 days of the publication of the
notice in the State Register; and
new text end

new text begin (5) state that if a timely request for hearing is not received, the chief administrative
law judge may make a decision on the petition.
new text end

new text begin (b) If 50 or more individual timely requests for hearing are received, the chief
administrative law judge must hold a hearing on the petition according to the contested case
provisions of chapter 14. The sanitary district or annexation area proposers are responsible
for paying all costs involved in publicizing and holding a hearing on the petition.
new text end

new text begin Subd. 5. new text end

new text begin Hearing time, place. new text end

new text begin If a hearing is required under subdivision 4, the
chief administrative law judge shall designate a time and place for a hearing according
to section 442A.13.
new text end

new text begin Subd. 6. new text end

new text begin Relevant factors. new text end

new text begin (a) In arriving at a decision, the chief administrative law
judge shall consider the following factors:
new text end

new text begin (1) administrative feasibility;
new text end

new text begin (2) public health, safety, and welfare impacts;
new text end

new text begin (3) alternatives for managing the public health impacts;
new text end

new text begin (4) equities of the petition proposal;
new text end

new text begin (5) contours of the petition proposal; and
new text end

new text begin (6) public notification of and interaction on the petition proposal.
new text end

new text begin (b) Based upon these factors, the chief administrative law judge may order the
annexation to the sanitary district on finding that:
new text end

new text begin (1) the sanitary district is knowledgeable and experienced in delivering sanitary sewer
services to ratepayers and has provided quality service in a fair and cost-effective manner;
new text end

new text begin (2) the proposed annexation provides a long-term, equitable solution to pollution
problems affecting public health, safety, and welfare;
new text end

new text begin (3) property owners within the existing sanitary district and proposed annexation
area were provided notice of the proposed district and opportunity to comment on the
petition proposal; and
new text end

new text begin (4) the petition complied with the requirements of all applicable statutes and rules
pertaining to sanitary district annexation.
new text end

new text begin (c) The chief administrative law judge may alter the boundaries of the proposed
annexation area by increasing or decreasing the area to be included or may exclude
property that may be better served by another unit of government. The chief administrative
law judge may also alter the boundaries of the proposed annexation area so as to follow
visible, clearly recognizable physical features for municipal boundaries.
new text end

new text begin (d) The chief administrative law judge may deny sanitary district annexation if the
area, or a part thereof, would be better served by an alternative method.
new text end

new text begin (e) In all cases, the chief administrative law judge shall set forth the factors that are
the basis for the decision.
new text end

new text begin Subd. 7. new text end

new text begin Findings; order. new text end

new text begin (a) After the public notice period or the public hearing, if
required under subdivision 4, and based on the petition, any public comments received,
and, if a hearing was held, the hearing record, the chief administrative law judge shall
make findings of fact and conclusions determining whether the conditions requisite for
the sanitary district annexation exist in the territory described in the petition. If the chief
administrative law judge finds that conditions exist, the judge may make an order for
sanitary district annexation for the territory described in the petition.
new text end

new text begin (b) All taxable property within the annexed area shall be subject to taxation for
any existing bonded indebtedness or other indebtedness of the district for the cost of
acquisition, construction, or improvement of any disposal system or other works or
facilities beneficial to the annexed area to such extent as the chief administrative law judge
may determine to be just and equitable, to be specified in the order for annexation. The
proper officers shall levy further taxes on such property accordingly.
new text end

new text begin Subd. 8. new text end

new text begin Denial of petition. new text end

new text begin If the chief administrative law judge, after conclusion
of the public notice period or holding a hearing, if required, determines that the sanitary
district annexation in the territory described in the petition is not warranted, the judge shall
make an order denying the petition. The chief administrative law judge shall give notice
of the denial by mail or e-mail to each signer of the petition. No petition for a sanitary
district annexation consisting of the same territory shall be entertained within a year
after the date of an order under this subdivision. Nothing in this subdivision precludes
action on a petition for a sanitary district annexation embracing part of the territory with
or without other territory.
new text end

new text begin Subd. 9. new text end

new text begin Notice of order for sanitary district annexation. new text end

new text begin The chief administrative
law judge shall publish in the State Register a notice of the final order for sanitary district
annexation, referring to the date of the order and describing the territory of the annexation
area, and shall mail or e-mail information of the publication to each property owner in the
affected territory at the owner's address as given by the county auditor. The information
must state the date that the notice will appear in the State Register and give the Web site
location for the State Register. The notice must:
new text end

new text begin (1) describe the petition for annexation to the district;
new text end

new text begin (2) describe the territory affected by the petition; and
new text end

new text begin (3) state that a certified copy of the order shall be delivered to the secretary of state
for filing ten days after public notice of the order in the State Register.
new text end

new text begin Subd. 10. new text end

new text begin Filing. new text end

new text begin Ten days after public notice of the order in the State Register, the
chief administrative law judge shall deliver a certified copy of the order to the secretary
of state for filing. Thereupon, the sanitary district annexation is deemed complete, and it
shall be conclusively presumed that all requirements of law relating thereto have been
complied with. The chief administrative law judge shall also transmit a certified copy of
the order for filing to the county auditor of each county and the clerk or recorder of each
municipality and organized town wherein any part of the territory of the district, including
the newly annexed area, is situated and to the secretary of the district board.
new text end

Sec. 54.

new text begin [442A.06] SANITARY DISTRICT DETACHMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Detachment. new text end

new text begin (a) A sanitary district detachment may occur under this
chapter for any area within an existing district upon a petition to the chief administrative
law judge stating the grounds therefor as provided in this section.
new text end

new text begin (b) The proposed detachment must not have any negative environmental impact
on the proposed detachment area.
new text end

new text begin (c) If the chief administrative law judge and the Minnesota Pollution Control
Agency disagree on the need for a sanitary district detachment, they must determine
whether not allowing the sanitary district detachment will have a detrimental effect on
the environment. If it is determined that the sanitary district detachment will cause
environmental harm, the sanitary district detachment is not allowed unless the detached
area is immediately connected to an existing wastewater treatment system.
new text end

new text begin Subd. 2. new text end

new text begin Proceeding for detachment. new text end

new text begin (a) A proceeding for sanitary district
detachment may be initiated by a petition to the chief administrative law judge containing
the following:
new text end

new text begin (1) a request for proposed detachment from a sanitary district;
new text end

new text begin (2) a statement that the requisite conditions for inclusion in a district no longer exist
in the proposed detachment area;
new text end

new text begin (3) a legal description of the territory of the proposed detachment, including
justification for inclusion or exclusion for all parcels;
new text end

new text begin (4) addresses of every property owner within the sanitary district and proposed
detachment area boundaries as provided by the county auditor, with certification from the
county auditor; two sets of address labels for said owners; and a list of e-mail addresses
for said owners, if available;
new text end

new text begin (5) a statement of the territorial units represented by and qualifications of the
respective signers; and
new text end

new text begin (6) the post office address of each signer, given under the signer's signature.
new text end

new text begin A petition may consist of separate writings of like effect, each signed by one or more
qualified persons, and all such writings, when filed, shall be considered together as a
single petition.
new text end

new text begin (b) Petitioners must conduct and pay for a public meeting to inform citizens of
the proposed detachment from a sanitary district. At the meeting, information must be
provided, including a description of the existing district's territory and a description of the
territory of the proposed detachment area, including justification for inclusion or exclusion
for all parcels for the detachment area. Notice of the meeting must be published for two
successive weeks in a qualified newspaper, as defined under chapter 331A, published
within the territories of the existing sanitary district and proposed detachment area or, if
there is no qualified newspaper published within those territories, in a qualified newspaper
of general circulation in the territories, and must be posted for two weeks in each territorial
unit of the existing sanitary district and proposed detachment area and on the Web site
of the existing sanitary district, if one exists. Notice of the meeting must be mailed or
e-mailed at least three weeks prior to the meeting to all property tax billing addresses for
all parcels included in the sanitary district. The following must be submitted to the chief
administrative law judge with the petition:
new text end

new text begin (1) a record of the meeting, including copies of all information provided at the
meeting;
new text end

new text begin (2) a copy of the mailing list provided by the county auditor and used to notify
property owners of the meeting;
new text end

new text begin (3) a copy of the e-mail list used to notify property owners of the meeting;
new text end

new text begin (4) the printer's affidavit of publication of public meeting notice;
new text end

new text begin (5) an affidavit of posting the public meeting notice with information on dates and
locations of posting; and
new text end

new text begin (6) minutes or other record of the public meeting documenting that the following
topics were discussed: printer's affidavit of publication of each resolution, with copy
of resolution from newspaper attached; and affidavit of resolution posting on town or
existing sanitary district Web site.
new text end

new text begin (c) Every petition must be signed as follows:
new text end

new text begin (1) by an authorized officer of the existing sanitary district pursuant to a resolution
of the board;
new text end

new text begin (2) for each municipality wherein there is a territorial unit of the proposed detachment
area, by an authorized officer pursuant to a resolution of the municipal governing body;
new text end

new text begin (3) for each organized town wherein there is a territorial unit of the proposed
detachment area, by an authorized officer pursuant to a resolution of the town board; and
new text end

new text begin (4) for each county wherein there is a territorial unit of the proposed detachment area
consisting of an unorganized area, by an authorized officer pursuant to a resolution of the
county board or by at least 20 percent of the voters residing and owning land within the unit.
new text end

new text begin (d) Each resolution must be published in the official newspaper of the governing
body adopting it and becomes effective 40 days after publication, unless within said period
there shall be filed with the governing body a petition signed by qualified electors of a
territorial unit of the proposed detachment area, equal in number to five percent of the
number of electors voting at the last preceding election of the governing body, requesting
a referendum on the resolution, in which case the resolution may not become effective
until approved by a majority of the qualified electors voting at a regular election or special
election that the governing body may call. The notice of an election and the ballot to be
used must contain the text of the resolution followed by the question: "Shall the above
resolution be approved?"
new text end

new text begin (e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
the signer's landowner status as shown by the county auditor's tax assessment records,
certified by the auditor, shall be attached to or endorsed upon the petition.
new text end

new text begin (f) At any time before publication of the public notice required in subdivision 4,
additional signatures may be added to the petition or amendments of the petition may be
made to correct or remedy any error or defect in signature or otherwise except a material
error or defect in the description of the territory of the proposed detachment area. If the
qualifications of any signer of a petition are challenged, the chief administrative law judge
shall determine the challenge forthwith on the allegations of the petition, the county
auditor's certificate of land ownership, and such other evidence as may be received.
new text end

new text begin Subd. 3. new text end

new text begin Joint petition. new text end

new text begin Different areas may be detached from a district in a single
proceeding upon a joint petition therefor and upon compliance with the provisions of
subdivisions 1 and 2 with respect to the area affected so far as applicable.
new text end

new text begin Subd. 4. new text end

new text begin Notice of intent for sanitary district detachment. new text end

new text begin (a) Upon receipt
of a petition and record of public meeting required under subdivision 2, the chief
administrative law judge shall publish a notice of intent for sanitary district detachment
in the State Register and mail or e-mail information of the publication to each property
owner in the affected territory at the owner's address as given by the county auditor. The
information must state the date that the notice will appear in the State Register and give
the Web site location for the State Register. The notice must:
new text end

new text begin (1) describe the petition for sanitary district detachment;
new text end

new text begin (2) describe the territory affected by the petition;
new text end

new text begin (3) allow 30 days for submission of written comments on the petition;
new text end

new text begin (4) state that a person who objects to the petition may submit a written request for
hearing to the chief administrative law judge within 30 days of the publication of the
notice in the State Register; and
new text end

new text begin (5) state that if a timely request for hearing is not received, the chief administrative
law judge may make a decision on the petition.
new text end

new text begin (b) If 50 or more individual timely requests for hearing are received, the chief
administrative law judge must hold a hearing on the petition according to the contested case
provisions of chapter 14. The sanitary district or detachment area proposers are responsible
for paying all costs involved in publicizing and holding a hearing on the petition.
new text end

new text begin Subd. 5. new text end

new text begin Hearing time, place. new text end

new text begin If a hearing is required under subdivision 4, the
chief administrative law judge shall designate a time and place for a hearing according
to section 442A.13.
new text end

new text begin Subd. 6. new text end

new text begin Relevant factors. new text end

new text begin (a) In arriving at a decision, the chief administrative law
judge shall consider the following factors:
new text end

new text begin (1) public health, safety, and welfare impacts for the proposed detachment area;
new text end

new text begin (2) alternatives for managing the public health impacts for the proposed detachment
area;
new text end

new text begin (3) equities of the petition proposal;
new text end

new text begin (4) contours of the petition proposal; and
new text end

new text begin (5) public notification of and interaction on the petition proposal.
new text end

new text begin (b) Based upon these factors, the chief administrative law judge may order the
detachment from the sanitary district on finding that:
new text end

new text begin (1) the proposed detachment area has adequate alternatives for managing public
health impacts due to the detachment;
new text end

new text begin (2) the proposed detachment area is not necessary for the district to provide a
long-term, equitable solution to pollution problems affecting public health, safety, and
welfare;
new text end

new text begin (3) property owners within the existing sanitary district and proposed detachment
area were provided notice of the proposed detachment and opportunity to comment on
the petition proposal; and
new text end

new text begin (4) the petition complied with the requirements of all applicable statutes and rules
pertaining to sanitary district detachment.
new text end

new text begin (c) The chief administrative law judge may alter the boundaries of the proposed
detachment area by increasing or decreasing the area to be included or may exclude
property that may be better served by another unit of government. The chief administrative
law judge may also alter the boundaries of the proposed detachment area so as to follow
visible, clearly recognizable physical features for municipal boundaries.
new text end

new text begin (d) The chief administrative law judge may deny sanitary district detachment if the
area, or a part thereof, would be better served by an alternative method.
new text end

new text begin (e) In all cases, the chief administrative law judge shall set forth the factors that are
the basis for the decision.
new text end

new text begin Subd. 7. new text end

new text begin Findings; order. new text end

new text begin (a) After the public notice period or the public hearing, if
required under subdivision 4, and based on the petition, any public comments received,
and, if a hearing was held, the hearing record, the chief administrative law judge shall
make findings of fact and conclusions determining whether the conditions requisite for
the sanitary district detachment exist in the territory described in the petition. If the chief
administrative law judge finds that conditions exist, the judge may make an order for
sanitary district detachment for the territory described in the petition.
new text end

new text begin (b) All taxable property within the detached area shall remain subject to taxation
for any existing bonded indebtedness of the district to such extent as it would have been
subject thereto if not detached and shall also remain subject to taxation for any other
existing indebtedness of the district incurred for any purpose beneficial to such area to
such extent as the chief administrative law judge may determine to be just and equitable,
to be specified in the order for detachment. The proper officers shall levy further taxes on
such property accordingly.
new text end

new text begin Subd. 8. new text end

new text begin Denial of petition. new text end

new text begin If the chief administrative law judge, after conclusion
of the public notice period or holding a hearing, if required, determines that the sanitary
district detachment in the territory described in the petition is not warranted, the judge
shall make an order denying the petition. The chief administrative law judge shall give
notice of the denial by mail or e-mail to each signer of the petition. No petition for a
detachment from a district consisting of the same territory shall be entertained within a
year after the date of an order under this subdivision. Nothing in this subdivision precludes
action on a petition for a detachment from a district embracing part of the territory with
or without other territory.
new text end

new text begin Subd. 9. new text end

new text begin Notice of order for sanitary district detachment. new text end

new text begin The chief
administrative law judge shall publish in the State Register a notice of the final order
for sanitary district detachment, referring to the date of the order and describing the
territory of the detached area and shall mail or e-mail information of the publication
to each property owner in the affected territory at the owner's address as given by the
county auditor. The information must state the date that the notice will appear in the State
Register and give the Web site location for the State Register. The notice must:
new text end

new text begin (1) describe the petition for detachment from the district;
new text end

new text begin (2) describe the territory affected by the petition; and
new text end

new text begin (3) state that a certified copy of the order shall be delivered to the secretary of state
for filing ten days after public notice of the order in the State Register.
new text end

new text begin Subd. 10. new text end

new text begin Filing. new text end

new text begin Ten days after public notice of the order in the State Register, the
chief administrative law judge shall deliver a certified copy of the order to the secretary of
state for filing. Thereupon, the sanitary district detachment is deemed complete, and it
shall be conclusively presumed that all requirements of law relating thereto have been
complied with. The chief administrative law judge shall also transmit a certified copy of
the order for filing to the county auditor of each county and the clerk or recorder of each
municipality and organized town wherein any part of the territory of the district, including
the newly detached area, is situated and to the secretary of the district board.
new text end

Sec. 55.

new text begin [442A.07] SANITARY DISTRICT DISSOLUTION.
new text end

new text begin Subdivision 1. new text end

new text begin Dissolution. new text end

new text begin (a) An existing sanitary district may be dissolved under
this chapter upon a petition to the chief administrative law judge stating the grounds
therefor as provided in this section.
new text end

new text begin (b) The proposed dissolution must not have any negative environmental impact on
the existing sanitary district area.
new text end

new text begin (c) If the chief administrative law judge and the Minnesota Pollution Control
Agency disagree on the need to dissolve a sanitary district, they must determine whether
not dissolving the sanitary district will have a detrimental effect on the environment. If
it is determined that the sanitary district dissolution will cause environmental harm, the
sanitary district dissolution is not allowed unless the existing sanitary district area is
immediately connected to an existing wastewater treatment system.
new text end

new text begin Subd. 2. new text end

new text begin Proceeding for dissolution. new text end

new text begin (a) A proceeding for sanitary district
dissolution may be initiated by a petition to the chief administrative law judge containing
the following:
new text end

new text begin (1) a request for proposed sanitary district dissolution;
new text end

new text begin (2) a statement that the requisite conditions for a sanitary district no longer exist
in the district area;
new text end

new text begin (3) a proposal for distribution of the remaining funds of the district, if any, among
the related governmental subdivisions;
new text end

new text begin (4) a legal description of the territory of the proposed dissolution;
new text end

new text begin (5) addresses of every property owner within the sanitary district boundaries as
provided by the county auditor, with certification from the county auditor; two sets of
address labels for said owners; and a list of e-mail addresses for said owners, if available;
new text end

new text begin (6) a statement of the territorial units represented by and the qualifications of the
respective signers; and
new text end

new text begin (7) the post office address of each signer, given under the signer's signature.
new text end

new text begin A petition may consist of separate writings of like effect, each signed by one or more
qualified persons, and all such writings, when filed, shall be considered together as a
single petition.
new text end

new text begin (b) Petitioners must conduct and pay for a public meeting to inform citizens of the
proposed dissolution of a sanitary district. At the meeting, information must be provided,
including a description of the existing district's territory. Notice of the meeting must be
published for two successive weeks in a qualified newspaper, as defined under chapter
331A, published within the territory of the sanitary district or, if there is no qualified
newspaper published within that territory, in a qualified newspaper of general circulation
in the territory and must be posted for two weeks in each territorial unit of the sanitary
district and on the Web site of the existing sanitary district, if one exists. Notice of the
meeting must be mailed or e-mailed at least three weeks prior to the meeting to all property
tax billing addresses for all parcels included in the sanitary district. The following must be
submitted to the chief administrative law judge with the petition:
new text end

new text begin (1) a record of the meeting, including copies of all information provided at the
meeting;
new text end

new text begin (2) a copy of the mailing list provided by the county auditor and used to notify
property owners of the meeting;
new text end

new text begin (3) a copy of the e-mail list used to notify property owners of the meeting;
new text end

new text begin (4) the printer's affidavit of publication of public meeting notice;
new text end

new text begin (5) an affidavit of posting the public meeting notice with information on dates and
locations of posting; and
new text end

new text begin (6) minutes or other record of the public meeting documenting that the following
topics were discussed: printer's affidavit of publication of each resolution, with copy
of resolution from newspaper attached; and affidavit of resolution posting on town or
existing sanitary district Web site.
new text end

new text begin (c) Every petition must be signed as follows:
new text end

new text begin (1) by an authorized officer of the existing sanitary district pursuant to a resolution
of the board;
new text end

new text begin (2) for each municipality wherein there is a territorial unit of the existing sanitary
district, by an authorized officer pursuant to a resolution of the municipal governing body;
new text end

new text begin (3) for each organized town wherein there is a territorial unit of the existing sanitary
district, by an authorized officer pursuant to a resolution of the town board; and
new text end

new text begin (4) for each county wherein there is a territorial unit of the existing sanitary district
consisting of an unorganized area, by an authorized officer pursuant to a resolution of the
county board or by at least 20 percent of the voters residing and owning land within the unit.
new text end

new text begin (d) Each resolution must be published in the official newspaper of the governing body
adopting it and becomes effective 40 days after publication, unless within said period there
shall be filed with the governing body a petition signed by qualified electors of a territorial
unit of the district, equal in number to five percent of the number of electors voting at the
last preceding election of the governing body, requesting a referendum on the resolution,
in which case the resolution may not become effective until approved by a majority of the
qualified electors voting at a regular election or special election that the governing body
may call. The notice of an election and the ballot to be used must contain the text of the
resolution followed by the question: "Shall the above resolution be approved?"
new text end

new text begin (e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
the signer's landowner status as shown by the county auditor's tax assessment records,
certified by the auditor, shall be attached to or endorsed upon the petition.
new text end

new text begin (f) At any time before publication of the public notice required in subdivision 3,
additional signatures may be added to the petition or amendments of the petition may be
made to correct or remedy any error or defect in signature or otherwise except a material
error or defect in the description of the territory of the proposed dissolution area. If the
qualifications of any signer of a petition are challenged, the chief administrative law judge
shall determine the challenge forthwith on the allegations of the petition, the county
auditor's certificate of land ownership, and such other evidence as may be received.
new text end

new text begin Subd. 3. new text end

new text begin Notice of intent for sanitary district dissolution. new text end

new text begin (a) Upon receipt
of a petition and record of the public meeting required under subdivision 2, the chief
administrative law judge shall publish a notice of intent of sanitary district dissolution
in the State Register and mail or e-mail information of the publication to each property
owner in the affected territory at the owner's address as given by the county auditor. The
information must state the date that the notice will appear in the State Register and give
the Web site location for the State Register. The notice must:
new text end

new text begin (1) describe the petition for sanitary district dissolution;
new text end

new text begin (2) describe the territory affected by the petition;
new text end

new text begin (3) allow 30 days for submission of written comments on the petition;
new text end

new text begin (4) state that a person who objects to the petition may submit a written request for
hearing to the chief administrative law judge within 30 days of the publication of the
notice in the State Register; and
new text end

new text begin (5) state that if a timely request for hearing is not received, the chief administrative
law judge may make a decision on the petition.
new text end

new text begin (b) If 50 or more individual timely requests for hearing are received, the chief
administrative law judge must hold a hearing on the petition according to the contested
case provisions of chapter 14. The sanitary district dissolution proposers are responsible
for paying all costs involved in publicizing and holding a hearing on the petition.
new text end

new text begin Subd. 4. new text end

new text begin Hearing time, place. new text end

new text begin If a hearing is required under subdivision 3, the
chief administrative law judge shall designate a time and place for a hearing according
to section 442A.13.
new text end

new text begin Subd. 5. new text end

new text begin Relevant factors. new text end

new text begin (a) In arriving at a decision, the chief administrative law
judge shall consider the following factors:
new text end

new text begin (1) public health, safety, and welfare impacts for the proposed dissolution;
new text end

new text begin (2) alternatives for managing the public health impacts for the proposed dissolution;
new text end

new text begin (3) equities of the petition proposal;
new text end

new text begin (4) contours of the petition proposal; and
new text end

new text begin (5) public notification of and interaction on the petition proposal.
new text end

new text begin (b) Based upon these factors, the chief administrative law judge may order the
dissolution of the sanitary district on finding that:
new text end

new text begin (1) the proposed dissolution area has adequate alternatives for managing public
health impacts due to the dissolution;
new text end

new text begin (2) the sanitary district is not necessary to provide a long-term, equitable solution to
pollution problems affecting public health, safety, and welfare;
new text end

new text begin (3) property owners within the sanitary district were provided notice of the proposed
dissolution and opportunity to comment on the petition proposal; and
new text end

new text begin (4) the petition complied with the requirements of all applicable statutes and rules
pertaining to sanitary district dissolution.
new text end

new text begin (c) The chief administrative law judge may alter the boundaries of the proposed
dissolution area by increasing or decreasing the area to be included or may exclude
property that may be better served by another unit of government. The chief administrative
law judge may also alter the boundaries of the proposed dissolution area so as to follow
visible, clearly recognizable physical features for municipal boundaries.
new text end

new text begin (d) The chief administrative law judge may deny sanitary district dissolution if the
area, or a part thereof, would be better served by an alternative method.
new text end

new text begin (e) In all cases, the chief administrative law judge shall set forth the factors that are
the basis for the decision.
new text end

new text begin Subd. 6. new text end

new text begin Findings; order. new text end

new text begin (a) After the public notice period or the public hearing, if
required under subdivision 3, and based on the petition, any public comments received,
and, if a hearing was held, the hearing record, the chief administrative law judge shall
make findings of fact and conclusions determining whether the conditions requisite for
the sanitary district dissolution exist in the territory described in the petition. If the chief
administrative law judge finds that conditions exist, the judge may make an order for
sanitary district dissolution for the territory described in the petition.
new text end

new text begin (b) If the chief administrative law judge determines that the conditions requisite for
the creation of the district no longer exist therein, that all indebtedness of the district has
been paid, and that all property of the district except funds has been disposed of, the judge
may make an order dissolving the district and directing the distribution of its remaining
funds, if any, among the related governmental subdivisions on such basis as the chief
administrative law judge determines to be just and equitable, to be specified in the order.
new text end

new text begin Subd. 7. new text end

new text begin Denial of petition. new text end

new text begin If the chief administrative law judge, after conclusion
of the public notice period or holding a hearing, if required, determines that the sanitary
district dissolution in the territory described in the petition is not warranted, the judge
shall make an order denying the petition. The chief administrative law judge shall give
notice of the denial by mail or e-mail to each signer of the petition. No petition for the
dissolution of a district consisting of the same territory shall be entertained within a year
after the date of an order under this subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Notice of order for sanitary district dissolution. new text end

new text begin The chief administrative
law judge shall publish in the State Register a notice of the final order for sanitary
district dissolution, referring to the date of the order and describing the territory of the
dissolved district and shall mail or e-mail information of the publication to each property
owner in the affected territory at the owner's address as given by the county auditor. The
information must state the date that the notice will appear in the State Register and give
the Web site location of the State Register. The notice must:
new text end

new text begin (1) describe the petition for dissolution of the district;
new text end

new text begin (2) describe the territory affected by the petition; and
new text end

new text begin (3) state that a certified copy of the order shall be delivered to the secretary of state
for filing ten days after public notice of the order in the State Register.
new text end

new text begin Subd. 9. new text end

new text begin Filing. new text end

new text begin (a) Ten days after public notice of the order in the State Register,
the chief administrative law judge shall deliver a certified copy of the order to the secretary
of state for filing. Thereupon, the sanitary district dissolution is deemed complete, and it
shall be conclusively presumed that all requirements of law relating thereto have been
complied with. The chief administrative law judge shall also transmit a certified copy of
the order for filing to the county auditor of each county and the clerk or recorder of each
municipality and organized town wherein any part of the territory of the dissolved district
is situated and to the secretary of the district board.
new text end

new text begin (b) The chief administrative law judge shall also transmit a certified copy of the order
to the treasurer of the district, who must thereupon distribute the remaining funds of the
district as directed by the order and who is responsible for the funds until so distributed.
new text end

Sec. 56.

new text begin [442A.08] JOINT PUBLIC INFORMATIONAL MEETING.
new text end

new text begin There must be a joint public informational meeting of the local governments of any
proposed sanitary district creation, annexation, detachment, or dissolution. The joint public
informational meeting must be held after the final mediation meeting or the final meeting
held according to section 442A.02, subdivision 8, if any, and before the hearing on the
matter is held. If no mediation meetings are held, the joint public informational meeting
must be held after the initiating documents have been filed and before the hearing on the
matter. The time, date, and place of the public informational meeting must be determined
jointly by the local governments in the proposed creation, annexation, detachment, or
dissolution areas and by the sanitary district, if one exists. The chair of the sanitary district,
if one exists, and the responsible official for one of the local governments represented at
the meeting must serve as the co-chairs for the informational meeting. Notice of the time,
date, place, and purpose of the informational meeting must be posted by the sanitary
district, if one exists, and local governments in designated places for posting notices. The
sanitary district, if one exists, and represented local governments must also publish, at their
own expense, notice in their respective official newspapers. If the same official newspaper
is used by multiple local government representatives or the sanitary district, a joint notice
may be published and the costs evenly divided. All notice required by this section must
be provided at least ten days before the date for the public informational meeting. At the
public informational meeting, all persons appearing must have an opportunity to be heard,
but the co-chairs may, by mutual agreement, establish the amount of time allowed for each
speaker. The sanitary district board, the local government representatives, and any resident
or affected property owner may be represented by counsel and may place into the record of
the informational meeting documents, expert opinions, or other materials supporting their
positions on issues raised by the proposed proceeding. The secretary of the sanitary district,
if one exists, or a person appointed by the chair must record minutes of the proceedings of
the informational meeting and must make an audio recording of the informational meeting.
The sanitary district, if one exists, or a person appointed by the chair must provide the
chief administrative law judge and the represented local governments with a copy of the
printed minutes and must provide the chief administrative law judge and the represented
local governments with a copy of the audio recording. The record of the informational
meeting for a proceeding under section 442A.04, 442A.05, 442A.06, or 442A.07 is
admissible in any proceeding under this chapter and shall be taken into consideration by
the chief administrative law judge or the chief administrative law judge's designee.
new text end

Sec. 57.

new text begin [442A.09] ANNEXATION BY ORDER OF POLLUTION CONTROL
AGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Annexation by ordinance alternative. new text end

new text begin If a determination or order
by the Minnesota Pollution Control Agency under section 115.49 or other similar statute is
made that cooperation by contract is necessary and feasible between a sanitary district and
an unincorporated area located outside the existing corporate limits of the sanitary district,
the sanitary district required to provide or extend through a contract a governmental
service to an unincorporated area, during the statutory 90-day period provided in section
115.49 to formulate a contract, may in the alternative to formulating a service contract to
provide or extend the service, declare the unincorporated area described in the Minnesota
Pollution Control Agency's determination letter or order annexed to the sanitary district by
adopting an ordinance and submitting it to the chief administrative law judge.
new text end

new text begin Subd. 2. new text end

new text begin Chief administrative law judge's role. new text end

new text begin The chief administrative law
judge may review and comment on the ordinance but shall approve the ordinance within
30 days of receipt. The ordinance is final and the annexation is effective on the date the
chief administrative law judge approves the ordinance.
new text end

Sec. 58.

new text begin [442A.10] PETITIONERS TO PAY EXPENSES.
new text end

new text begin Expenses of the preparation and submission of petitions in the proceedings under
sections 442A.04 to 442A.09 shall be paid by the petitioners. Notwithstanding section
16A.1283, the Office of Administrative Hearings may adopt rules according to section
14.386 to establish fees necessary to support the preparation and submission of petitions
in proceedings under sections 442A.04 to 442A.09. The fees collected by the Office of
Administrative Hearings shall be deposited in the environmental fund.
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. 59.

new text begin [442A.11] TIME LIMITS FOR ORDERS; APPEALS.
new text end

new text begin Subdivision 1. new text end

new text begin Orders; time limit. new text end

new text begin All orders in proceedings under this chapter
shall be issued within one year from the date of the first hearing thereon, provided that
the time may be extended for a fixed additional period upon consent of all parties of
record. Failure to so order shall be deemed to be an order denying the matter. An appeal
may be taken from such failure to so order in the same manner as an appeal from an
order as provided in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Grounds for appeal. new text end

new text begin (a) Any person aggrieved by an order issued under
this chapter may appeal to the district court upon the following grounds:
new text end

new text begin (1) the order was issued without jurisdiction to act;
new text end

new text begin (2) the order exceeded the jurisdiction of the presiding administrative law judge;
new text end

new text begin (3) the order was arbitrary, fraudulent, capricious, or oppressive or in unreasonable
disregard of the best interests of the territory affected; or
new text end

new text begin (4) the order was based upon an erroneous theory of law.
new text end

new text begin (b) The appeal must be taken in the district court in the county in which the majority
of the area affected is located. The appeal does not stay the effect of the order. All notices
and other documents must be served on both the chief administrative law judge and the
attorney general's assistant assigned to the chief administrative law judge for purposes
of this chapter.
new text end

new text begin (c) If the court determines that the action involved is unlawful or unreasonable or is
not warranted by the evidence in case an issue of fact is involved, the court may vacate or
suspend the action involved, in whole or in part, as the case requires. The matter shall then
be remanded for further action in conformity with the decision of the court.
new text end

new text begin (d) To render a review of an order effectual, the aggrieved person shall file with the
court administrator of the district court of the county in which the majority of the area is
located, within 30 days of the order, an application for review together with the grounds
upon which the review is sought.
new text end

new text begin (e) An appeal lies from the district court as in other civil cases.
new text end

Sec. 60.

new text begin [442A.12] CHIEF ADMINISTRATIVE LAW JUDGE MAY APPEAL
FROM DISTRICT COURT.
new text end

new text begin An appeal may be taken under the Rules of Civil Appellate Procedure by the chief
administrative law judge from a final order or judgment made or rendered by the district
court when the chief administrative law judge determines that the final order or judgment
adversely affects the public interest.
new text end

Sec. 61.

new text begin [442A.13] UNIFORM PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Hearings. new text end

new text begin (a) Proceedings initiated by the submission of an initiating
document or by the chief administrative law judge shall come on for hearing within 30 to
60 days from receipt of the document by the chief administrative law judge or from the
date of the chief administrative law judge's action and the person conducting the hearing
must submit an order no later than one year from the date of the first hearing.
new text end

new text begin (b) The place of the hearing shall be in the county where a majority of the affected
territory is situated, and shall be established for the convenience of the parties.
new text end

new text begin (c) The chief administrative law judge shall mail notice of the hearing to the
following parties: the sanitary district; any township or municipality presently governing
the affected territory; any township or municipality abutting the affected territory;
the county where the affected territory is situated; and each planning agency that has
jurisdiction over the affected area.
new text end

new text begin (d) The chief administrative law judge shall see that notice of the hearing is published
for two successive weeks in a legal newspaper of general circulation in the affected area.
new text end

new text begin (e) When the chief administrative law judge exercises authority to change the
boundaries of the affected area so as to increase the quantity of land, the hearing shall
be recessed and reconvened upon two weeks' published notice in a legal newspaper of
general circulation in the affected area.
new text end

new text begin Subd. 2. new text end

new text begin Transmittal of order. new text end

new text begin The chief administrative law judge shall see that
copies of the order are mailed to all parties entitled to mailed notice of hearing under
subdivision 1, individual property owners if initiated in that manner, and any other party
of record.
new text end

Sec. 62.

new text begin [442A.14] DISTRICT BOARD OF MANAGERS.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

new text begin The governing body of each district shall be a board
of managers of five members, who shall be voters residing in the district and who may
but need not be officers, members of governing bodies, or employees of the related
governmental subdivisions, except that when there are more than five territorial units in
a district, there must be one board member for each unit.
new text end

new text begin Subd. 2. new text end

new text begin Terms. new text end

new text begin The terms of the first board members elected after creation of a
district shall be so arranged and determined by the electing body as to expire on the first
business day in January as follows:
new text end

new text begin (1) the terms of two members in the second calendar year after the year in which
they were elected;
new text end

new text begin (2) the terms of two other members in the third calendar year after the year in which
they were elected; and
new text end

new text begin (3) the term of the remaining member in the fourth calendar year after the year in
which the member was elected. In case a board has more than five members, the additional
members shall be assigned to the groups under clauses (1) to (3) to equalize the groups as
far as practicable. Thereafter, board members shall be elected successively for regular
terms beginning upon expiration of the preceding terms and expiring on the first business
day in January of the third calendar year thereafter. Each board member serves until
a successor is elected and has qualified.
new text end

new text begin Subd. 3. new text end

new text begin Election of board. new text end

new text begin In a district having only one territorial unit, all the
members of the board shall be elected by the related governing body. In a district having
more than one territorial unit, the members of the board shall be elected by the members
of the related governing bodies in joint session except as otherwise provided. The electing
bodies concerned shall meet and elect the first board members of a new district as soon
as practicable after creation of the district and shall meet and elect board members for
succeeding regular terms as soon as practicable after November 1 next preceding the
beginning of the terms to be filled, respectively.
new text end

new text begin Subd. 4. new text end

new text begin Central related governing body. new text end

new text begin Upon the creation of a district
having more than one territorial unit, the chief administrative law judge, on the basis of
convenience for joint meeting purposes, shall designate one of the related governing
bodies as the central related governing body in the order creating the district or in a
subsequent special order, of which the chief administrative law judge shall notify the
clerks or recorders of all the related governing bodies. Upon receipt of the notification,
the clerk or recorder of the central related governing body shall immediately transmit the
notification to the presiding officer of the body. The officer shall thereupon call a joint
meeting of the members of all the related governing bodies to elect board members, to
be held at such time as the officer shall fix at the regular meeting place of the officer's
governing body or at such other place in the district as the officer shall determine. The
clerk or recorder of the body must give at least ten days' notice of the meeting by mail to
the clerks or recorders of all the other related governing bodies, who shall immediately
transmit the notice to all the members of the related governing bodies, respectively.
Subsequent joint meetings to elect board members for regular terms must be called and
held in like manner. The presiding officer and the clerk or recorder of the central related
governing body shall act respectively as chair and secretary of the joint electing body at
any meeting thereof, but in case of the absence or disability of either of them, the body
may elect a temporary substitute. A majority of the members of each related governing
body is required for a quorum at any meeting of the joint electing body.
new text end

new text begin Subd. 5. new text end

new text begin Nominations. new text end

new text begin Nominations for board members may be made by petitions,
each signed by ten or more voters residing and owning land in the district, filed with the
clerk, recorder, or secretary of the electing body before the election meeting. No person
shall sign more than one petition. The electing body shall give due consideration to all
nominations but is not limited thereto.
new text end

new text begin Subd. 6. new text end

new text begin Election; single governing body. new text end

new text begin In the case of an electing body
consisting of a single related governing body, a majority vote of all members is required
for an election. In the case of a joint electing body, a majority vote of members present is
required for an election. In case of lack of a quorum or failure to elect, a meeting of an
electing body may be adjourned to a stated time and place without further notice.
new text end

new text begin Subd. 7. new text end

new text begin Election; multiple governing bodies. new text end

new text begin In any district having more than
one territorial unit, the related governing bodies, instead of meeting in joint session, may
elect a board member by resolutions adopted by all of them separately, concurring in the
election of the same person. A majority vote of all members of each related governing
body is required for the adoption of any such resolution. The clerks or recorders of the
other related governing bodies shall transmit certified copies of the resolutions to the clerk
or recorder of the central related governing body. Upon receipt of concurring resolutions
from all the related governing bodies, the presiding officer and clerk or recorder of the
central related governing body shall certify the results and furnish certificates of election
as provided for a joint meeting.
new text end

new text begin Subd. 8. new text end

new text begin Vacancies. new text end

new text begin Any vacancy in the membership of a board must be filled for
the unexpired term in like manner as provided for the regular election of board members.
new text end

new text begin Subd. 9. new text end

new text begin Certification of election; temporary chair. new text end

new text begin The presiding and recording
officers of the electing body shall certify the results of each election to the county auditor
of each county wherein any part of the district is situated and to the clerk or recorder of
each related governing body and shall make and transmit to each board member elected
a certificate of the board member's election. Upon electing the first board members of a
district, the presiding officer of the electing body shall designate a member to serve as
temporary chair for purposes of initial organization of the board, and the recording
officer of the body shall include written notice thereof to all the board members with
their certificates of election.
new text end

Sec. 63.

new text begin [442A.15] BOARD ORGANIZATION AND PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Initial, annual meetings. new text end

new text begin As soon as practicable after the election
of the first board members of a district, the board shall meet at the call of the temporary
chair to elect officers and take other appropriate action for organization and administration
of the district. Each board shall hold a regular annual meeting at the call of the chair or
otherwise as the board prescribes on or as soon as practicable after the first business day in
January of each year and such other regular and special meetings as the board prescribes.
new text end

new text begin Subd. 2. new text end

new text begin Officers. new text end

new text begin The officers of each district shall be a chair and a vice-chair,
who shall be members of the board, and a secretary and a treasurer, who may but need
not be members of the board. The board of a new district at its initial meeting or as soon
thereafter as practicable shall elect the officers to serve until the first business day in
January next following. Thereafter, the board shall elect the officers at each regular annual
meeting for terms expiring on the first business day in January next following. Each
officer serves until a successor is elected and has qualified.
new text end

new text begin Subd. 3. new text end

new text begin Meeting place; offices. new text end

new text begin The board at its initial meeting or as soon
thereafter as practicable shall provide for suitable places for board meetings and for offices
of the district officers and may change the same thereafter as the board deems advisable.
The meeting place and offices may be the same as those of any related governing body,
with the approval of the body. The secretary of the board shall notify the secretary of state,
the county auditor of each county wherein any part of the district is situated, and the clerk
or recorder of each related governing body of the locations and post office addresses of the
meeting place and offices and any changes therein.
new text end

new text begin Subd. 4. new text end

new text begin Budget. new text end

new text begin At any time before the proceeds of the first tax levy in a district
become available, the district board may prepare a budget comprising an estimate of the
expenses of organizing and administering the district until the proceeds are available, with
a proposal for apportionment of the estimated amount among the related governmental
subdivisions, and may request the governing bodies thereof to advance funds according to
the proposal. The governing bodies may authorize advancement of the requested amounts,
or such part thereof as they respectively deem proper, from any funds available in their
respective treasuries. The board shall include in its first tax levy after receipt of any such
advancements a sufficient sum to cover the same and shall cause the same to be repaid,
without interest, from the proceeds of taxes as soon as received.
new text end

Sec. 64.

new text begin [442A.16] DISTRICT STATUS AND POWERS.
new text end

new text begin Subdivision 1. new text end

new text begin Status. new text end

new text begin Every district shall be a public corporation and a governmental
subdivision of the state and shall be deemed to be a municipality or municipal corporation
for the purpose of obtaining federal or state grants or loans or otherwise complying with
any provision of federal or state law or for any other purpose relating to the powers and
purposes of the district for which such status is now or hereafter required by law.
new text end

new text begin Subd. 2. new text end

new text begin Powers and purpose. new text end

new text begin Every district shall have the powers and purposes
prescribed by this chapter and such others as may now or hereafter be prescribed by law.
No express grant of power or enumeration of powers herein shall be deemed to limit the
generality or scope of any grant of power.
new text end

new text begin Subd. 3. new text end

new text begin Scope of powers and duties. new text end

new text begin Except as otherwise provided, a power or
duty vested in or imposed upon a district or any of its officers, agents, or employees shall
not be deemed exclusive and shall not supersede or abridge any power or duty vested in or
imposed upon any other agency of the state or any governmental subdivision thereof, but
shall be supplementary thereto.
new text end

new text begin Subd. 4. new text end

new text begin Exercise of power. new text end

new text begin All the powers of a district shall be exercised by its
board of managers except so far as approval of any action by popular vote or by any other
authority may be expressly required by law.
new text end

new text begin Subd. 5. new text end

new text begin Lawsuits; contracts. new text end

new text begin A district may sue and be sued and may enter into
any contract necessary or proper for the exercise of its powers or the accomplishment
of its purposes.
new text end

new text begin Subd. 6. new text end

new text begin Property acquisition. new text end

new text begin A district may acquire by purchase, gift, or
condemnation or may lease or rent any real or personal property within or without the
district that may be necessary for the exercise of district powers or the accomplishment of
district purposes, may hold the property for such purposes, and may lease, rent out, sell, or
otherwise dispose of any property not needed for such purposes.
new text end

new text begin Subd. 7. new text end

new text begin Acceptance of money or property. new text end

new text begin A district may accept gifts, grants,
or loans of money or other property from the United States, the state, or any person,
corporation, or other entity for district purposes; may enter into any agreement required in
connection therewith; and may hold, use, and dispose of the money or property according
to the terms of the gift, grant, loan, or agreement relating thereto.
new text end

Sec. 65.

new text begin [442A.17] SPECIFIC PURPOSES AND POWERS.
new text end

new text begin Subdivision 1. new text end

new text begin Pollution prevention. new text end

new text begin A district may construct, install, improve,
maintain, and operate any system, works, or facilities within or without the district
required to control and prevent pollution of any waters of the state within its territory.
new text end

new text begin Subd. 2. new text end

new text begin Sewage disposal. new text end

new text begin A district may construct, install, improve, maintain,
and operate any system, works, or facilities within or without the district required to
provide for, regulate, and control the disposal of sewage, industrial waste, and other waste
originating within its territory. The district may require any person upon whose premises
there is any source of sewage, industrial waste, or other waste within the district to
connect the premises with the disposal system, works, or facilities of the district whenever
reasonable opportunity therefor is provided.
new text end

new text begin Subd. 3. new text end

new text begin Garbage, refuse disposal. new text end

new text begin A district may construct, install, improve,
maintain, and operate any system, works, or facilities within or without the district required
to provide for, regulate, and control the disposal of garbage or refuse originating within the
district. The district may require any person upon whose premises any garbage or refuse is
produced or accumulated to dispose of the garbage or refuse through the system, works, or
facilities of the district whenever reasonable opportunity therefor is provided.
new text end

new text begin Subd. 4. new text end

new text begin Water supply. new text end

new text begin A district may procure supplies of water necessary for any
purpose under subdivisions 1 to 3 and may construct, install, improve, maintain, and
operate any system, works, or facilities required therefor within or without the district.
new text end

new text begin Subd. 5. new text end

new text begin Roads. new text end

new text begin (a) To maintain the integrity of and facilitate access to district
systems, works, or facilities, the district may maintain and repair a road by agreement with
the entity that was responsible for the performance of maintenance and repair immediately
prior to the agreement. Maintenance and repair includes but is not limited to providing
lighting, snow removal, and grass mowing.
new text end

new text begin (b) A district shall establish a taxing subdistrict of benefited property and shall levy
special taxes, pursuant to section 442A.24, subdivision 2, for the purposes of paying the
cost of improvement or maintenance of a road under paragraph (a).
new text end

new text begin (c) For purposes of this subdivision, a district shall not be construed as a road
authority under chapter 160.
new text end

new text begin (d) The district and its officers and employees are exempt from liability for any tort
claim for injury to person or property arising from travel on a road maintained by the
district and related to the road's maintenance or condition.
new text end

Sec. 66.

new text begin [442A.18] DISTRICT PROJECTS AND FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Public property. new text end

new text begin For the purpose of constructing, improving,
maintaining, or operating any system, works, or facilities designed or used for any purpose
under section 442A.17, a district, its officers, agents, employees, and contractors may enter,
occupy, excavate, and otherwise operate in, upon, under, through, or along any public
highway, including a state trunk highway, or any street, park, or other public grounds so
far as necessary for such work, with the approval of the governing body or other authority
in charge of the public property affected and on such terms as may be agreed upon with the
governing body or authority respecting interference with public use, restoration of previous
conditions, compensation for damages, and other pertinent matters. If an agreement cannot
be reached after reasonable opportunity therefor, the district may acquire the necessary
rights, easements, or other interests in the public property by condemnation, subject to all
applicable provisions of law as in case of taking private property, upon condition that the
court shall determine that there is paramount public necessity for the acquisition.
new text end

new text begin Subd. 2. new text end

new text begin Use of other systems. new text end

new text begin A district may, upon such terms as may be
agreed upon with the respective governing bodies or authorities concerned, provide for
connecting with or using; lease; or acquire and take over any system, works, or facilities
for any purpose under section 442A.17 belonging to any other governmental subdivision
or other public agency.
new text end

new text begin Subd. 3. new text end

new text begin Use by other governmental bodies. new text end

new text begin A district may, upon such terms
as may be agreed upon with the respective governing bodies or authorities concerned,
authorize the use by any other governmental subdivision or other public agency of any
system, works, or facilities of the district constructed for any purpose under section
442A.17 so far as the capacity thereof is sufficient beyond the needs of the district. A
district may extend any such system, works, or facilities and permit the use thereof by
persons outside the district, so far as the capacity thereof is sufficient beyond the needs of
the district, upon such terms as the board may prescribe.
new text end

new text begin Subd. 4. new text end

new text begin Joint projects. new text end

new text begin A district may be a party to a joint cooperative project,
undertaking, or enterprise with one or more other governmental subdivisions or other
public agencies for any purpose under section 442A.17 upon such terms as may be
agreed upon between the governing bodies or authorities concerned. Without limiting the
effect of the foregoing provision or any other provision of this chapter, a district, with
respect to any of said purposes, may act under and be subject to section 471.59, or any
other appropriate law providing for joint or cooperative action between governmental
subdivisions or other public agencies.
new text end

Sec. 67.

new text begin [442A.19] CONTROL OF SANITARY FACILITIES.
new text end

new text begin A district may regulate and control the construction, maintenance, and use of privies,
cesspools, septic tanks, toilets, and other facilities and devices for the reception or disposal
of human or animal excreta or other domestic wastes within its territory so far as necessary
to prevent nuisances or pollution or to protect the public health, safety, and welfare
and may prohibit the use of any such facilities or devices not connected with a district
disposal system, works, or facilities whenever reasonable opportunity for such connection
is provided; provided, that the authority of a district under this section does not extend
or apply to the construction, maintenance, operation, or use by any person other than the
district of any disposal system or part thereof within the district under and in accordance
with a valid and existing permit issued by the Minnesota Pollution Control Agency.
new text end

Sec. 68.

new text begin [442A.20] DISTRICT PROGRAMS, SURVEYS, AND STUDIES.
new text end

new text begin A district may develop general programs and particular projects within the scope of
its powers and purposes and may make all surveys, studies, and investigations necessary
for the programs and projects.
new text end

Sec. 69.

new text begin [442A.21] GENERAL AND STATUTORY CITY POWERS.
new text end

new text begin A district may do and perform all other acts and things necessary or proper for the
effectuation of its powers and the accomplishment of its purposes. Without limiting the
effect of the foregoing provision or any other provision of this chapter, a district, with
respect to each and all of said powers and purposes, shall have like powers as are vested in
statutory cities with respect to any similar purposes. The exercise of such powers by a
district and all matters pertaining thereto are governed by the law relating to the exercise
of similar powers by statutory cities and matters pertaining thereto, so far as applicable,
with like force and effect, except as otherwise provided.
new text end

Sec. 70.

new text begin [442A.22] ADVISORY COMMITTEE.
new text end

new text begin A district board of managers may appoint an advisory committee with membership
and duties as the board prescribes.
new text end

Sec. 71.

new text begin [442A.23] BOARD POWERS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The board of managers of every district shall have charge
and control of all the funds, property, and affairs of the district. With respect thereto, the
board has the same powers and duties as are provided by law for a statutory city council
with respect to similar statutory city matters, except as otherwise provided. Except as
otherwise provided, the chair, vice-chair, secretary, and treasurer of the district have the
same powers and duties, respectively, as the mayor, acting mayor, clerk, and treasurer
of a statutory city. Except as otherwise provided, the exercise of the powers and the
performance of the duties of the board and officers of the district and all other activities,
transactions, and procedures of the district or any of its officers, agents, or employees,
respectively, are governed by the law relating to similar matters in a statutory city, so far
as applicable, with like force and effect.
new text end

new text begin Subd. 2. new text end

new text begin Regulation of district. new text end

new text begin The board may enact ordinances, prescribe
regulations, adopt resolutions, and take other appropriate action relating to any matter
within the powers and purposes of the district and may do and perform all other acts and
things necessary or proper for the effectuation of said powers and the accomplishment
of said purposes. The board may provide that violation of a district ordinance is a penal
offense and may prescribe penalties for violations, not exceeding those prescribed by law
for violation of statutory city ordinances.
new text end

new text begin Subd. 3. new text end

new text begin Arrest; prosecution. new text end

new text begin (a) Violations of district ordinances may be
prosecuted before any court having jurisdiction of misdemeanors. Any peace officer may
make arrests for violations committed anywhere within the district in the same manner as
for violations of city ordinances or for statutory misdemeanors.
new text end

new text begin (b) All fines collected shall be deposited in the treasury of the district.
new text end

Sec. 72.

new text begin [442A.24] TAX LEVIES, ASSESSMENTS, AND SERVICE CHARGES.
new text end

new text begin Subdivision 1. new text end

new text begin Tax levies. new text end

new text begin The board may levy taxes for any district purpose on all
property taxable within the district.
new text end

new text begin Subd. 2. new text end

new text begin Particular area. new text end

new text begin In the case where a particular area within the district,
but not the entire district, is benefited by a system, works, or facilities of the district,
the board, after holding a public hearing as provided by law for levying assessments on
benefited property, shall by ordinance establish such area as a taxing subdistrict, to be
designated by number, and shall levy special taxes on all the taxable property therein, to be
accounted for separately and used only for the purpose of paying the cost of construction,
improvement, acquisition, maintenance, or operation of such system, works, or facilities,
or paying the principal and interest on bonds issued to provide funds therefor and expenses
incident thereto. The hearing may be held jointly with a hearing for the purpose of levying
assessments on benefited property within the proposed taxing subdistrict.
new text end

new text begin Subd. 3. new text end

new text begin Benefited property. new text end

new text begin The board shall levy assessments on benefited property
to provide funds for payment of the cost of construction, improvement, or acquisition of
any system, works, or facilities designed or used for any district purpose or for payment of
the principal of and interest on any bonds issued therefor and expenses incident thereto.
new text end

new text begin Subd. 4. new text end

new text begin Service charges. new text end

new text begin The board shall prescribe service, use, or rental charges
for persons or premises connecting with or making use of any system, works, or facilities
of the district; prescribe the method of payment and collection of the charges; and provide
for the collection thereof for the district by any related governmental subdivision or
other public agency on such terms as may be agreed upon with the governing body or
other authority thereof.
new text end

Sec. 73.

new text begin [442A.25] BORROWING POWERS; BONDS.
new text end

new text begin Subdivision 1. new text end

new text begin Borrowing power. new text end

new text begin The board may authorize the borrowing of
money for any district purpose and provide for the repayment thereof, subject to chapter
475. The taxes initially levied by any district according to section 475.61 for the payment
of district bonds, upon property within each municipality included in the district, shall be
included in computing the levy of the municipality.
new text end

new text begin Subd. 2. new text end

new text begin Bond issuance. new text end

new text begin The board may authorize the issuance of bonds or
obligations of the district to provide funds for the construction, improvement, or
acquisition of any system, works, or facilities for any district purpose or for refunding
any prior bonds or obligations issued for any such purpose and may pledge the full faith
and credit of the district; the proceeds of tax levies or assessments; service, use, or
rental charges; or any combination thereof to the payment of such bonds or obligations
and interest thereon or expenses incident thereto. An election or vote of the people of
the district is required to authorize the issuance of any bonds or obligations. Except as
otherwise provided in this chapter, the forms and procedures for issuing and selling bonds
and provisions for payment thereof must comply with chapter 475.
new text end

Sec. 74.

new text begin [442A.26] FUNDS; DISTRICT TREASURY.
new text end

new text begin The proceeds of all tax levies, assessments, service, use, or rental charges, and
other income of the district must be deposited in the district treasury and must be held
and disposed of as the board may direct for district purposes, subject to any pledges or
dedications made by the board for the use of particular funds for the payment of bonds,
interest thereon, or expenses incident thereto or for other specific purposes.
new text end

Sec. 75.

new text begin [442A.27] EFFECT OF DISTRICT ORDINANCES AND FACILITIES.
new text end

new text begin In any case where an ordinance is enacted or a regulation adopted by a district
board relating to the same subject matter and applicable in the same area as an existing
ordinance or regulation of a related governmental subdivision for the district, the district
ordinance or regulation, to the extent of its application, supersedes the ordinance or
regulation of the related governmental subdivision. In any case where an area within a
district is served for any district purpose by a system, works, or facilities of the district,
no system, works, or facilities shall be constructed, maintained, or operated for the same
purpose in the same area by any related governmental subdivision or other public agency
except as approved by the district board.
new text end

Sec. 76.

new text begin [442A.28] APPLICATION.
new text end

new text begin This chapter does not abridge or supersede any authority of the Minnesota Pollution
Control Agency or the commissioner of health, but is subject and supplementary thereto.
Districts and members of district boards are subject to the authority of the Minnesota
Pollution Control Agency and have no power or authority to abate or control pollution that
is permitted by and in accord with any classification of waters, standards of water quality,
or permit established, fixed, or issued by the Minnesota Pollution Control Agency.
new text end

Sec. 77.

new text begin [442A.29] CHIEF ADMINISTRATIVE LAW JUDGE'S POWERS.
new text end

new text begin Subdivision 1. new text end

new text begin Alternative dispute resolution. new text end

new text begin (a) Notwithstanding sections
442A.01 to 442A.28, before assigning a matter to an administrative law judge for hearing,
the chief administrative law judge, upon consultation with affected parties and considering
the procedures and principles established in sections 442A.01 to 442A.28, may require
that disputes over proposed sanitary district creations, attachments, detachments, or
dissolutions be addressed in whole or in part by means of alternative dispute resolution
processes in place of, or in connection with, hearings that would otherwise be required
under sections 442A.01 to 442A.28, including those provided in chapter 14.
new text end

new text begin (b) In all proceedings, the chief administrative law judge has the authority and
responsibility to conduct hearings and issue final orders related to the hearings under
sections 442A.01 to 442A.28.
new text end

new text begin Subd. 2. new text end

new text begin Cost of proceedings. new text end

new text begin (a) The parties to any matter directed to alternative
dispute resolution under subdivision 1 must pay the costs of the alternative dispute
resolution process or hearing in the proportions that the parties agree to.
new text end

new text begin (b) Notwithstanding section 14.53 or other law, the Office of Administrative
Hearings is not liable for the costs.
new text end

new text begin (c) If the parties do not agree to a division of the costs before the commencement of
mediation, arbitration, or hearing, the costs must be allocated on an equitable basis by
the mediator, arbitrator, or chief administrative law judge.
new text end

new text begin (d) The chief administrative law judge may contract with the parties to a matter for
the purpose of providing administrative law judges and reporters for an administrative
proceeding or alternative dispute resolution.
new text end

new text begin (e) The chief administrative law judge shall assess the cost of services rendered by
the Office of Administrative Hearings as provided by section 14.53.
new text end

new text begin Subd. 3. new text end

new text begin Parties. new text end

new text begin In this section, "party" means:
new text end

new text begin (1) a property owner, group of property owners, sanitary district, municipality, or
township that files an initiating document or timely objection under this chapter;
new text end

new text begin (2) the sanitary district, municipality, or township within which the subject area
is located;
new text end

new text begin (3) a municipality abutting the subject area; and
new text end

new text begin (4) any other person, group of persons, or governmental agency residing in, owning
property in, or exercising jurisdiction over the subject area that submits a timely request
and is determined by the presiding administrative law judge to have a direct legal interest
that will be affected by the outcome of the proceeding.
new text end

new text begin Subd. 4. new text end

new text begin Effectuation of agreements. new text end

new text begin Matters resolved or agreed to by the parties
as a result of an alternative dispute resolution process, or otherwise, may be incorporated
into one or more stipulations for purposes of further proceedings according to the
applicable procedures and statutory criteria of this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Limitations on authority. new text end

new text begin Nothing in this section shall be construed to
permit a sanitary district, municipality, town, or other political subdivision to take, or
agree to take, an action that is not otherwise authorized by this chapter.
new text end

Sec. 78. new text begin RULEMAKING; INDUSTRIAL MINERALS AND NONFERROUS
MINERAL LEASES.
new text end

new text begin The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules,
parts 6125.0100 to 6125.0700 and 6125.8000 to 6125.8700, to conform with section 12.
Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota
Statutes, section 14.388.
new text end

Sec. 79. new text begin RULEMAKING; PERMIT TO MINE.
new text end

new text begin The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules,
chapter 6130, to conform with section 14. Minnesota Statutes, section 14.386, does not
apply except as provided under Minnesota Statutes, section 14.388.
new text end

Sec. 80. new text begin RULEMAKING; WILDLIFE RESTITUTION VALUE FOR SANDHILL
CRANES.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part
6133.0030, by adding a new item establishing the wildlife restitution value of $200 for a
sandhill crane.
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. 81. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 115.18, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and
10; 115.19; 115.20; 115.21; 115.22; 115.23; 115.24; 115.25; 115.26; 115.27; 115.28;
115.29; 115.30; 115.31; 115.32; 115.33; 115.34; 115.35; 115.36; and 115.37, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2012, sections 97A.451, subdivision 4a; and 127A.353, new text end new text begin are
repealed.
new text end