SF 1305

as introduced - 89th Legislature (2015 - 2016) Posted on 09/09/2015 03:32pm

A bill for an act
relating to state government; appropriating money for agriculture, environment,
and natural resources; providing retail food establishment and food handler
license fees; making policy and technical changes to various agricultural
related provisions, including provisions related to pesticide control, plant
protection, nursery law, seeds, food handlers, food, farmland, farming, and loans;
establishing the farm opportunity loan program; modifying agency rulemaking;
modifying fees and surcharges; creating accounts; regulating priority chemicals
in children's products; modifying prior appropriations; amending Minnesota
Statutes 2014, sections 13.643, subdivision 1; 13.7411, subdivision 8; 14.365;
18B.01, subdivisions 28, 29; 18B.32, subdivision 1; 18B.33, subdivision 1;
18B.34, subdivision 1; 18C.425, subdivision 6; 18G.10, subdivisions 3, 4, 5;
18H.02, subdivision 20, by adding subdivisions; 18H.06, subdivision 2; 18H.07;
21.81, by adding subdivisions; 21.82, subdivisions 2, 4; 21.85, subdivision 2,
by adding a subdivision; 21.89, subdivision 2; 21.891, subdivisions 2, 5; 25.39,
subdivision 1; 28A.03, by adding subdivisions; 28A.08, subdivision 1, by adding
subdivisions; 28A.082, subdivision 1; 31.39, subdivision 1; 32.394, subdivisions
8, 8b; 41B.03, subdivision 6, by adding a subdivision; 41B.04, subdivision 17;
41B.043, subdivision 3; 41B.045, subdivisions 3, 4; 41B.046, subdivision 5;
41B.047, subdivisions 1, 4; 41B.048, subdivision 6; 41B.049, subdivision 4;
41B.055, subdivision 3; 41B.056, subdivision 2; 41B.06; 85.055, subdivision 1;
86B.415, subdivision 7; 116.07, subdivision 4d; 116.9401; 116.9402; 116.9403;
116.9405; 116.9406; 500.24, subdivision 4; Laws 2013, chapter 137, article 2,
section 6; proposing coding for new law in Minnesota Statutes, chapters 15; 41B;
84; 103B; 116; repealing Minnesota Statutes 2014, sections 17.115; 28A.08,
subdivision 3; 41A.12, subdivision 4; 84.68.

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

ARTICLE 1

AGRICULTURE APPROPRIATIONS

Section 1. new text begin AGRICULTURE 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 "2016" and "2017" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2016, or
June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal
year 2017. "The biennium" is fiscal years 2016 and 2017.
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 2016 new text end		new text begin 2017 new text end

Sec. 2. new text begin DEPARTMENT OF AGRICULTURE 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 31,329,000 new text end

new text begin $ new text end

new text begin 31,539,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 29,951,000 new text end	new text begin 30,161,000 new text end
new text begin Remediation new text end	new text begin 388,000 new text end	new text begin 388,000 new text end
new text begin Agricultural new text end	new text begin 990,000 new text end	new text begin 990,000 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 Protection Services new text end

new text begin 10,733,000 new text end

new text begin 10,733,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 10,155,000 new text end	new text begin 10,155,000 new text end
new text begin Agricultural new text end	new text begin 190,000 new text end	new text begin 190,000 new text end
new text begin Remediation new text end	new text begin 388,000 new text end	new text begin 388,000 new text end

new text begin $388,000 the first year and $388,000 the
second year are from the remediation fund
for administrative funding for the voluntary
cleanup program.
new text end

new text begin $150,000 the first year and $150,000
the second year are for compensation
for destroyed or crippled animals under
Minnesota Statutes, section 3.737. If the
amount in the first year is insufficient, the
amount in the second year is available in the
first year.
new text end

new text begin $50,000 the first year and $50,000 the second
year are for compensation for crop damage
under Minnesota Statutes, section 3.7371. If
the amount in the first year is insufficient, the
amount in the second year is available in the
first year.
new text end

new text begin If the commissioner determines that claims
made under Minnesota Statutes, section
3.737 or 3.7371, are unusually high, amounts
appropriated for either program may be
transferred to the appropriation for the other
program.
new text end

new text begin $200,000 the first year and $200,000 the
second year are for additional funding for
dairy inspection services.
new text end

new text begin $150,000 the first year and $150,000 the
second year are for additional funding for
laboratory services operations.
new text end

new text begin $250,000 the first year and $250,000
the second year are for additional meat
inspection services.
new text end

new text begin Notwithstanding Minnesota Statutes, section
18B.05, $90,000 the first year and $90,000
the second year are from the pesticide
regulatory account in the agricultural fund
for an increase in the operating budget for
the Laboratory Services Division.
new text end

new text begin $100,000 the first year and $100,000 the
second year are from the pesticide regulatory
account in the agricultural fund to update
and modify applicator education and training
materials.
new text end

new text begin Subd. 3. new text end new text begin Agricultural Marketing and Development new text end

new text begin 3,873,000 new text end

new text begin 3,873,000 new text end

new text begin $186,000 the first year and $186,000 the
second year are for transfer to the Minnesota
grown account and may be used as grants
for Minnesota grown promotion under
Minnesota Statutes, section 17.102. Grants
may be made for one year. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under contract
on or before June 30, 2017, for Minnesota
grown grants in this paragraph are available
until June 30, 2019.
new text end

new text begin $634,000 the first year and $634,000 the
second year are for continuation of the dairy
development and profitability enhancement
and dairy business planning grant programs
established under Laws 1997, chapter
216, section 7, subdivision 2, and Laws
2001, First Special Session chapter 2,
section 9, subdivision 2. The commissioner
may allocate the available sums among
permissible activities, including efforts to
improve the quality of milk produced in the
state in the proportions that the commissioner
deems most beneficial to Minnesota's
dairy farmers. The commissioner must
submit a detailed accomplishment report
and a work plan detailing future plans for,
and anticipated accomplishments from,
expenditures under this program to the
chairs and ranking minority members of the
legislative committees with jurisdiction over
agricultural policy and finance on or before
the start of each fiscal year. If significant
changes are made to the plans in the course
of the year, the commissioner must notify the
chairs and ranking minority members.
new text end

new text begin The commissioner may use funds
appropriated in this subdivision for annual
cost-share payments to resident farmers
or entities that sell, process, or package
agricultural products in this state for the costs
of organic certification. The commissioner
may allocate these funds for assistance for
persons transitioning from conventional to
organic agriculture.
new text end

new text begin Subd. 4. new text end new text begin Bioenergy and Value-Added Agriculture new text end

new text begin 10,235,000 new text end

new text begin 10,235,000 new text end

new text begin $10,235,000 the first year and $10,235,000
the second year are for the agricultural
growth, research, and innovation program
in Minnesota Statutes, section 41A.12. No
later than February 1, 2016, and February
1, 2017, the commissioner must report to
the legislative committees with jurisdiction
over agriculture policy and finance regarding
the commissioner's accomplishments
and anticipated accomplishments in
the following areas: facilitating the
start-up, modernization, or expansion of
livestock operations including beginning
and transitioning livestock operations;
developing new markets for Minnesota
farmers by providing more fruits, vegetables,
meat, grain, and dairy for Minnesota school
children; assisting value-added agricultural
businesses to begin or expand, access new
markets, or diversify products; facilitating
the start-up, modernization, or expansion
of other beginning and transitioning farms;
research on conventional and cover crops;
sustainable agriculture on farm research and
demonstration; and research on bioenergy,
biobased content, or biobased formulated
products and other renewable energy
development.
new text end

new text begin The commissioner may use up to 4.5 percent
of this appropriation for costs incurred to
administer the program. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered
under contract on or before June 30, 2017, for
agricultural growth, research, and innovation
grants in this subdivision are available until
June 30, 2019.
new text end

new text begin Funds in this appropriation may be used for
grants under this paragraph. The NextGen
Energy Board, established in Minnesota
Statutes, section 41A.105, shall make
recommendations to the commissioner on
grants for owners of Minnesota facilities
producing bioenergy, biobased content,
or a biobased formulated product; for
organizations that provide for on-station,
on-farm field scale research and outreach to
develop and test the agronomic and economic
requirements of diverse strands of prairie
plants and other perennials for bioenergy
systems; or for certain nongovernmental
entities. For the purposes of this paragraph,
"bioenergy" includes transportation fuels
derived from cellulosic material, as well as
the generation of energy for commercial heat,
industrial process heat, or electrical power
from cellulosic materials via gasification or
other processes. Grants are limited to 50
percent of the cost of research, technical
assistance, or equipment related to bioenergy,
biobased content, or biobased formulated
product production or $500,000, whichever
is less. Grants to nongovernmental entities
for the development of business plans and
structures related to community ownership
of eligible bioenergy facilities together may
not exceed $150,000. The board shall make
a good-faith effort to select projects that have
merit and, when taken together, represent a
variety of bioenergy technologies, biomass
feedstocks, and geographic regions of the
state. Projects must have a qualified engineer
provide certification on the technology and
fuel source. Grantees must provide reports at
the request of the commissioner.
new text end

new text begin Notwithstanding Minnesota Statutes, section
41A.12, subdivision 3, of the amount
appropriated in this subdivision, $1,000,000
the first year and $1,000,000 the second year
are for distribution in equal amounts to each
of the state's county fairs to preserve and
promote Minnesota agriculture.
new text end

new text begin Subd. 5. new text end new text begin Administration and Financial Assistance new text end

new text begin 6,488,000 new text end

new text begin 6,698,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 5,688,000 new text end	new text begin 5,898,000 new text end
new text begin Agricultural new text end	new text begin 800,000 new text end	new text begin 800,000 new text end

new text begin $47,000 the first year and $47,000 the second
year are for the Northern Crops Institute.
These appropriations may be spent to
purchase equipment.
new text end

new text begin $18,000 the first year and $18,000 the
second year are for a grant to the Minnesota
Livestock Breeders Association.
new text end

new text begin $235,000 the first year and $235,000 the
second year are for grants to the Minnesota
Agricultural Education and Leadership
Council for programs of the council under
Minnesota Statutes, chapter 41D.
new text end

new text begin $474,000 the first year and $474,000 the
second year are for payments to county and
district agricultural societies and associations
under Minnesota Statutes, section 38.02,
subdivision 1. Aid payments to county and
district agricultural societies and associations
shall be disbursed no later than July 15 of
each year. These payments are the amount of
aid from the state for an annual fair held in
the previous calendar year.
new text end

new text begin $1,000 the first year and $1,000 the second
year are for grants to the Minnesota State
Poultry Association.
new text end

new text begin $108,000 the first year and $108,000 the
second year are for annual grants to the
Minnesota Turf Seed Council for basic
and applied research on: (1) the improved
production of forage and turf seed related to
new and improved varieties; and (2) native
plants, including plant breeding, nutrient
management, pest management, disease
management, yield, and viability. The grant
recipient may subcontract with a qualified
third party for some or all of the basic or
applied research.
new text end

new text begin $500,000 the first year and $500,000 the
second year are for grants to Second Harvest
Heartland on behalf of Minnesota's six
Second Harvest food banks for the purchase
of milk for distribution to Minnesota's food
shelves and other charitable organizations
that are eligible to receive food from the food
banks. Milk purchased under the grants must
be acquired from Minnesota milk processors
and based on low-cost bids. The milk must be
allocated to each Second Harvest food bank
serving Minnesota according to the formula
used in the distribution of United States
Department of Agriculture commodities
under The Emergency Food Assistance
Program (TEFAP). Second Harvest
Heartland must submit quarterly reports
to the commissioner on forms prescribed
by the commissioner. The reports must
include, but are not limited to, information
on the expenditure of funds, the amount
of milk purchased, and the organizations
to which the milk was distributed. Second
Harvest Heartland may enter into contracts
or agreements with food banks for shared
funding or reimbursement of the direct
purchase of milk. Each food bank receiving
money from this appropriation may use up to
two percent of the grant for administrative
expenses.
new text end

new text begin $94,000 the first year and $94,000 the
second year are for transfer to the Board of
Trustees of the Minnesota State Colleges
and Universities for statewide mental health
counseling support to farm families and
business operators through farm business
management programs at Central Lakes
College and Ridgewater College.
new text end

new text begin $17,000 the first year and $17,000 the
second year are for grants to the Minnesota
Horticultural Society.
new text end

new text begin Notwithstanding Minnesota Statutes,
section 18C.131, $800,000 the first year
and $800,000 the second year are from the
fertilizer account in the agricultural fund
for grants for fertilizer research as awarded
by the Minnesota Agricultural Fertilizer
Research and Education Council under
Minnesota Statutes, section 18C.71. The
amount appropriated in either fiscal year
must not exceed 57 percent of the inspection
fee revenue collected under Minnesota
Statutes, section 18C.425, subdivision 6,
during the previous fiscal year. No later
than February 1, 2017, the commissioner
shall report to the legislative committees
with jurisdiction over agriculture finance.
The report must include the progress and
outcome of funded projects as well as the
sentiment of the council concerning the need
for additional research funds.
new text end

Sec. 3. new text begin BOARD OF ANIMAL HEALTH new text end

new text begin $ new text end

new text begin 5,318,000 new text end

new text begin $ new text end

new text begin 5,384,000 new text end

Sec. 4. new text begin AGRICULTURAL UTILIZATION RESEARCH INSTITUTE new text end

new text begin $ new text end

new text begin 3,643,000 new text end

new text begin $ new text end

new text begin 3,643,000 new text end

ARTICLE 2

AGRICULTURE POLICY

Section 1.

Minnesota Statutes 2014, section 13.643, subdivision 1, is amended to read:

Subdivision 1.

Department of Agriculture data.

(a) Loan and grant applicant
data. The following data on applicants, collected by the Department of Agriculture in its
sustainable agriculture revolving loan and grant programs under deleted text begin sections 17.115 and deleted text end new text begin section new text end
17.116, are private or nonpublic: nonfarm income; credit history; insurance coverage;
machinery and equipment list; financial information; and credit information requests.

(b) Farm advocate data. The following data supplied by farmer clients to
Minnesota farm advocates and to the Department of Agriculture are private data on
individuals: financial history, including listings of assets and debts, and personal and
emotional status information.

Sec. 2.

new text begin [15.445] RETAIL FOOD ESTABLISHMENT FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees. new text end

new text begin The fees in this section are required for retail food handler
and food and beverage service establishments, licensed under chapters 28A and 157.
Permanent retail food handler and food and beverage service establishments must pay
the applicable fee under subdivision 2, paragraph (a), (b), (c), or (d), and all applicable
fees under subdivision 4. Temporary food establishments and special events must pay the
applicable fee under subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Permanent food establishments. new text end

new text begin (a) The Category 1 establishment
license fee is $210 annually. "Category 1 establishment" means an establishment that
does one or more of the following:
new text end

new text begin (1) sells only prepackaged nonpotentially hazardous foods as defined in Minnesota
Rules, chapter 4626;
new text end

new text begin (2) provides cleaning for eating, drinking, or cooking utensils, when the only food
served is prepared off-site;
new text end

new text begin (3) operates a childcare facility licensed under section 245A.03 and Minnesota
Rules, chapter 9503; or
new text end

new text begin (4) operates as a retail food handler classified in section 28A.05 and has gross annual
sales of $250,000 or less.
new text end

new text begin (b) The Category 2 establishment license fee is $270. "Category 2 establishment"
means an establishment that is not a Category 1 establishment and is either:
new text end

new text begin (1) a food establishment where the method of food preparation meets the definition
of a low-risk establishment in section 157.20; or
new text end

new text begin (2) an elementary or secondary school as defined in section 120A.05.
new text end

new text begin (c) The Category 3 establishment license fee is $460 annually. "Category 3
establishment" means an establishment that is not a Category 1 or 2 establishment and
the method of food preparation meets the definition of a medium-risk establishment in
section 157.20.
new text end

new text begin (d) The Category 4 establishment license fee is $690 annually. "Category 4
establishment" means an establishment that is not a Category 1, 2, or 3 establishment
and is either:
new text end

new text begin (1) a food establishment where the method of food preparation meets the definition
of a high-risk establishment in section 157.20; or
new text end

new text begin (2) an establishment where 500 or more meals per day are prepared at one location
and served at one or more separate locations.
new text end

new text begin Subd. 3. new text end

new text begin Temporary food establishments and special events. new text end

new text begin (a) The special
event food stand license fee is $50 annually. Special event food stand is where food is
prepared or served in conjunction with celebrations, county fairs, or special events from a
special event food stand as defined in section 157.15.
new text end

new text begin (b) The temporary food and beverage service license fee is $210 annually. A
temporary food and beverage service includes food carts, mobile food units, seasonal
temporary food stands, retail food vehicles, portable structures, and seasonal permanent
food stands.
new text end

new text begin Subd. 4. new text end

new text begin Additional applicable fees. new text end

new text begin (a) The individual private sewer or individual
private water license fee is $60 annually. Individual private water is a water supply other
than a community public water supply as covered in Minnesota Rules, chapter 4720.
Individual private sewer is an individual sewage treatment system which uses subsurface
treatment and disposal.
new text end

new text begin (b) The additional food or beverage service license fee is $165 annually. Additional
food or beverage service is a location at a food service establishment, other than the
primary food preparation and service area, used to prepare or serve food or beverages to
the public. Additional food service does not apply to school concession stands.
new text end

new text begin (c) The large retail food handler license fee is .02 percent of gross sales or service
including food service with a maximum fee of $5,000 annually. Large retail food handler
is a fee category added to a license for retail food handlers as classified in section 28A.05
with gross annual sales over $10,000,000.
new text end

new text begin (d) The specialized processing license fee is $400 annually. Specialized processing
is a business that performs one or more specialized processes that require a HACCP as
required in Minnesota Rules, chapter 4626.
new text end

Sec. 3.

Minnesota Statutes 2014, section 18B.01, subdivision 28, is amended to read:

Subd. 28.

Structural pest.

"Structural pest" means deleted text begin a deleted text end new text begin an invertebrate new text end pest deleted text begin , other
than a plant, deleted text end new text begin or commensal rodent new text end in, on, under, or near a structure new text begin such as a residential
or commercial building new text end .

Sec. 4.

Minnesota Statutes 2014, section 18B.01, subdivision 29, is amended to read:

Subd. 29.

Structural pest control.

"Structural pest control" means the control of
any structural pest through the deleted text begin use of a device, a procedure, or deleted text end application of pesticides new text begin or
through other means new text end in or around a building or other structures, including trucks, boxcars,
ships, aircraft, docks, and fumigation vaults deleted text begin , and the business activity related to use of a
device, a procedure, or application of a pesticide deleted text end .

Sec. 5.

Minnesota Statutes 2014, section 18B.32, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

(a) A person may not engage in structural pest
control applications:

(1) for hire without a structural pest control license; and

(2) as a sole proprietorship, company, partnership, or corporation unless the person
is or employs a licensed master in structural pest control operations.

(b) A structural pest control licensee must have a valid license identification card
deleted text begin when applying deleted text end new text begin to purchase a restricted use pesticide or apply new text end pesticides for hire and must
display it upon demand by an authorized representative of the commissioner or a law
enforcement officer. The license identification card must contain information required by
the commissioner.

deleted text begin (c) Notwithstanding the licensing requirements of this subdivision, a person may
control the following nuisance or economically damaging wild animals, by trapping,
without a structural pest control license:
deleted text end

deleted text begin (1) fur-bearing animals, as defined in section 97A.015, with a valid trapping license
or special permit from the commissioner of natural resources; and
deleted text end

deleted text begin (2) skunks, woodchucks, gophers, porcupines, coyotes, moles, and weasels.
deleted text end

Sec. 6.

Minnesota Statutes 2014, section 18B.33, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

(a) A person may not apply a pesticide for hire
without a commercial applicator license for the appropriate use categories or a structural
pest control license.

(b) A commercial applicator licensee must have a valid license identification card
deleted text begin when applying deleted text end new text begin to purchase a restricted use pesticide or apply new text end pesticides for hire and must
display it upon demand by an authorized representative of the commissioner or a law
enforcement officer. The commissioner shall prescribe the information required on the
license identification card.

Sec. 7.

Minnesota Statutes 2014, section 18B.34, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

(a) Except for a licensed commercial applicator,
certified private applicator, or licensed structural pest control applicator, a person,
including a government employee, may not new text begin purchase or new text end use a restricted use pesticide in
performance of official duties without having a noncommercial applicator license for an
appropriate use category.

(b) A licensee must have a valid license identification card when applying pesticides
and must display it upon demand by an authorized representative of the commissioner
or a law enforcement officer. The license identification card must contain information
required by the commissioner.

Sec. 8.

Minnesota Statutes 2014, section 18C.425, subdivision 6, is amended to read:

Subd. 6.

Payment of inspection fee.

(a) The person who registers and distributes in
the state a specialty fertilizer, soil amendment, or plant amendment under section 18C.411
shall pay the inspection fee to the commissioner.

(b) The person licensed under section 18C.415 who distributes a fertilizer to a person
not required to be so licensed shall pay the inspection fee to the commissioner, except as
exempted under section 18C.421, subdivision 1, paragraph (b).

(c) The person responsible for payment of the inspection fees for fertilizers, soil
amendments, or plant amendments sold and used in this state must pay an inspection fee
of deleted text begin 30 deleted text end new text begin 39 new text end cents per ton, and until June 30, 2019, an additional 40 cents per ton, of fertilizer,
soil amendment, and plant amendment sold or distributed in this state, with a minimum of
$10 on all tonnage reports. Products sold or distributed to manufacturers or exchanged
between them are exempt from the inspection fee imposed by this subdivision if the
products are used exclusively for manufacturing purposes.

(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant
amendment, or soil amendment distribution amounts and inspection fees paid for a period
of three years.

Sec. 9.

Minnesota Statutes 2014, section 18G.10, subdivision 3, is amended to read:

Subd. 3.

Cooperative agreements.

The commissioner may enter into cooperative
agreements with federal and state agencies for administration of the export certification
program. deleted text begin An exporter of plants or plant products desiring to originate shipments from
Minnesota to a foreign country requiring a phytosanitary certificate or export certificate
must submit an application to the commissioner.
deleted text end

Sec. 10.

Minnesota Statutes 2014, section 18G.10, subdivision 4, is amended to read:

Subd. 4.

Phytosanitary and export certificates.

new text begin An exporter of plants or plant
products desiring to originate shipments from Minnesota to a foreign country requiring
a phytosanitary certificate or export certificate must submit an application to the
commissioner. new text end Application for phytosanitary certificates or export certificates must be
made on forms provided or approved by the commissioner. The commissioner deleted text begin shall deleted text end new text begin may new text end
conduct inspections of plants, plant products, or facilities for persons that have applied for
or intend to apply for a phytosanitary certificate or export certificate from the commissioner.
deleted text begin Inspections must include one or more of the following as requested or required:
deleted text end

deleted text begin (1) an inspection of the plants or plant products intended for export under a
phytosanitary certificate or export certificate;
deleted text end

deleted text begin (2) field inspections of growing plants to determine presence or absence of plant
diseases, if necessary;
deleted text end

deleted text begin (3) laboratory diagnosis for presence or absence of plant diseases, if necessary;
deleted text end

deleted text begin (4) observation and evaluation of procedures and facilities utilized in handling
plants and plant products, if necessary; and
deleted text end

deleted text begin (5) review of United States Department of Agriculture, Federal Grain Inspection
Service Official Export Grain Inspection Certificate logs.
deleted text end

The commissioner may issue a phytosanitary certificate or export certificate if the
plants or plant products satisfactorily meet the requirements of the importing foreign
country and the United States Department of Agriculture requirements. The requirements
of the destination countries must be met by the applicant.

Sec. 11.

Minnesota Statutes 2014, section 18G.10, subdivision 5, is amended to read:

Subd. 5.

Certificate fees.

(a) The commissioner shall assess deleted text begin the fees in paragraphs
(b) to (f) deleted text end new text begin fees sufficient to recover all costs new text end for the inspection, service, and work performed
in carrying out the issuance of a phytosanitary certificate or export certificate. deleted text begin The
inspection fee must be based on mileage and inspection time.
deleted text end

deleted text begin (b) Mileage charge: current United States Internal Revenue Service mileage rate.
deleted text end

deleted text begin (c) Inspection time: $50 per hour minimum or fee necessary to cover department
costs. Inspection time includes the driving time to and from the location in addition to
the time spent conducting the inspection.
deleted text end

deleted text begin (d) deleted text end new text begin (b) new text end If laboratory analysis or other technical analysis is required to issue a
certificate, the commissioner must set and collect the fee to recover this additional cost.

deleted text begin (e) deleted text end new text begin (c) The new text end certificate fee deleted text begin for product value greater than $250: deleted text end new text begin is new text end $75 new text begin or a fee amount,
not to exceed $300, that is sufficient to recover all processing costs new text end for each phytosanitary
or export certificate issued deleted text begin for any single shipment valued at more than $250 deleted text end in addition to
any mileage or inspection time charges that are assessed.

deleted text begin (f) Certificate fee for product value less than $250: $25 for each phytosanitary or
export certificate issued for any single shipment valued at less than $250 in addition to
any mileage or inspection time charges that are assessed.
deleted text end

deleted text begin (g) deleted text end new text begin (d) new text end For services provided for in subdivision 7 that are goods and services
provided for the direct and primary use of a private individual, business, or other entity,
the commissioner must set and collect the fees to cover the cost of the services provided.

Sec. 12.

Minnesota Statutes 2014, section 18H.02, subdivision 20, is amended to read:

Subd. 20.

Nursery stock.

"Nursery stock" means a plant intended for planting or
propagation, including, but not limited to, trees, shrubs, vines, perennials, biennials, grafts,
cuttings, and buds that may be sold for propagation, whether cultivated or wild, and all
viable parts of these plants. Nursery stock does not include:

(1) field and forage crops new text begin or sod new text end ;

(2) deleted text begin the deleted text end seeds deleted text begin of grasses, cereal grains, vegetable crops, and flowers deleted text end ;

(3) vegetable plants, bulbs, or tubers;

(4) cut flowers, unless stems or other portions are intended for propagation;

(5) annuals; or

(6) Christmas trees.

Sec. 13.

Minnesota Statutes 2014, section 18H.02, is amended by adding a subdivision
to read:

new text begin Subd. 32a. new text end

new text begin Sod. new text end

new text begin "Sod" means the upper portion of soil that contains the roots of
grasses and the living grass plants.
new text end

Sec. 14.

Minnesota Statutes 2014, section 18H.02, is amended by adding a subdivision
to read:

new text begin Subd. 35. new text end

new text begin Tropical plant. new text end

new text begin "Tropical plant" means a plant that has a United States
Department of Agriculture hardiness zone designation of zone 6 or greater, or an annual
minimum hardiness temperature of -9 degrees Fahrenheit.
new text end

Sec. 15.

Minnesota Statutes 2014, section 18H.06, subdivision 2, is amended to read:

Subd. 2.

Occasional sales.

(a) An individual may offer nursery stock for sale and be
exempt from the requirement to obtain a nursery stock deleted text begin dealer deleted text end certificate if:

(1) the gross sales of all nursery stock in a calendar year do not exceed $2,000;

(2) all nursery stock sold or distributed by the individual is intended for planting
in Minnesota;

(3) all nursery stock purchased or procured for resale or distribution was grown in
Minnesota and has been certified by the commissioner; and

(4) conducts sales or distributions of nursery stock on ten or fewer days in a calendar
year.

(b) The commissioner may prescribe the conditions of the exempt nursery sales under
this subdivision and may conduct routine inspections of the nursery stock offered for sale.

Sec. 16.

Minnesota Statutes 2014, section 18H.07, is amended to read:

18H.07 FEE SCHEDULE.

Subdivision 1.

Establishment of fees.

The commissioner shall establish fees
sufficient to allow for the administration and enforcement of this chapter and rules adopted
under this chapter, including the portion of general support costs and statewide indirect
costs of the agency attributable to that function, with a reserve sufficient for up to six
months. The commissioner shall review the fee schedule annually in consultation with
the Minnesota Nursery and Landscape Advisory Committee. For the certificate year
beginning January 1, 2006, the fees are as described in this section.

Subd. 2.

Nursery stock grower certificate.

(a) A nursery stock grower must
pay an annual fee based on the area of all acreage on which nursery stock is grown deleted text begin for
certification deleted text end as follows:

(1) less than one-half acre, $150;

(2) from one-half acre to two acres, $200;

(3) over two acres up to five acres, $300;

(4) over five acres up to ten acres, $350;

(5) over ten acres up to 20 acres, $500;

(6) over 20 acres up to 40 acres, $650;

(7) over 40 acres up to 50 acres, $800;

(8) over 50 acres up to 200 acres, $1,100;

(9) over 200 acres up to 500 acres, $1,500; and

(10) over 500 acres, $1,500 plus $2 for each additional acre.

(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due
must be charged for each month, or portion thereof, that the fee is delinquent up to a
maximum of 30 percent for any application for renewal not postmarked by December 31
of the current year.

new text begin (c) A nursery stock grower found operating without a valid nursery stock grower
certificate cannot offer for sale or sell nursery stock until (1) payment is received by the
commissioner for (i) the certificate fee due and (ii) a penalty equal to the certificate fee
owed, and (2) a new certificate is issued to the nursery stock grower by the commissioner.
new text end

Subd. 3.

Nursery stock dealer certificate.

(a) A nursery stock dealer must pay an
annual fee based on the dealer's gross sales of certified nursery stock per location during
the most recent certificate year. A certificate applicant operating for the first time must pay
the minimum fee. The fees per sales location are:

(1) gross sales up to $5,000, $150;

(2) gross sales over $5,000 up to $20,000, $175;

(3) gross sales over $20,000 up to $50,000, $300;

(4) gross sales over $50,000 up to $75,000, $425;

(5) gross sales over $75,000 up to $100,000, $550;

(6) gross sales over $100,000 up to $200,000, $675; and

(7) gross sales over $200,000, $800.

(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due
must be charged for each month, or portion thereof, that the fee is delinquent up to a
maximum of 30 percent for any application for renewal not postmarked by December 31
of the current year.

new text begin (c) A nursery stock dealer found operating without a valid nursery stock dealer
certificate cannot offer for sale or sell nursery stock until (1) payment is received by the
commissioner for (i) the certificate fee due and (ii) a penalty equal to the certificate fee
owed, and (2) a new certificate is issued to the nursery stock dealer by the commissioner.
new text end

Subd. 4.

Reinspection; additional or optional inspection fees.

If a reinspection is
required or an additional inspection is needed or requested a fee must be assessed based
on mileage and inspection time as follows:

(1) mileage must be charged at the current United States Internal Revenue Service
reimbursement rate; and

(2) inspection time must be charged at deleted text begin the rate of $50 per hour, deleted text end new text begin a rate sufficient to
recover all inspection costs new text end including the driving time to and from the location in addition
to the time spent conducting the inspection.

Sec. 17.

Minnesota Statutes 2014, section 21.81, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Address. new text end

new text begin "Address" means the complete primary mailing address of the
labeler or the person or firm selling seed. A complete address includes the street address,
post office box, or rural route, and city, state, and zip code or postal code.
new text end

Sec. 18.

Minnesota Statutes 2014, section 21.81, is amended by adding a subdivision
to read:

new text begin Subd. 27a. new text end

new text begin Total viable. new text end

new text begin "Total viable" means the sum of the germination
percentage, plus hard seeds, dormant seeds, or both.
new text end

Sec. 19.

Minnesota Statutes 2014, section 21.82, subdivision 2, is amended to read:

Subd. 2.

Content.

For agricultural, vegetable, flower, or wildflower seeds offered
for sale as agricultural seed, except as otherwise provided in subdivisions 4, 5, and 6, the
label must contain:

(a) The name of the kind or kind and variety for each seed component in excess
of five percent of the whole and the percentage by weight of each in order of its
predominance. The commissioner shall by rule designate the kinds that are required to be
labeled as to variety. If the variety of those kinds generally labeled as to variety is not
stated and it is not required to be stated, the label shall show the name of the kind and the
words: "Variety not stated." The heading "pure seed" must be indicated on the seed label
in close association with other required label information.

(1) The percentage that is hybrid shall be at least 95 percent of the percentage of pure
seed shown unless the percentage of pure seed which is hybrid seed is shown separately.
If two or more kinds or varieties are present in excess of five percent and are named on
the label, each that is hybrid shall be designated as hybrid on the label. Any one kind or
kind and variety that has pure seed which is less than 95 percent but more than 75 percent
hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to
show the percentage of pure seed that is hybrid seed or a statement such as "contains from
75 percent to 95 percent hybrid seed." No one kind or variety of seed shall be labeled as
hybrid if the pure seed contains less than 75 percent hybrid seed. The word hybrid shall be
shown on the label in conjunction with the kind.

(2) Blends shall be listed on the label using the term "blend" in conjunction with
the kind.

(3) Mixtures shall be listed on the label using the term "mixture," "mix," or "mixed."

(b) Lot number or other lot identification.

(c) Origin, if known, or that the origin is unknown.

(d) Percentage by weight of all weed seeds present. This percentage may not exceed
one percent. The heading "weed seed" must be indicated on the seed label in close
association with other required label information.

(e) Name and rate of occurrence per pound of each kind of restricted noxious weed
seeds present. They must be listed under the heading "noxious weed seeds" in close
association with other required label information.

(f) Percentage by weight of seeds other than those kinds and varieties required
to be named on the label. They must be listed under the heading "other crop" in close
association with other required label information.

(g) Percentage by weight of inert matter. The heading "inert matter" must be
indicated on the seed label in close association with other required label information.

(h) Net weight of contents, to appear on either the container or the label.

(i) For each named kind or variety of seed:

(1) percentage of germination, exclusive of hard or dormant seed or both;

(2) percentage of hard or dormant seed or both, if present; and

(3) the calendar month and year the percentages were determined by test or the
statement "sell by (month and year)" which may not be more than 12 months from the
date of test, exclusive of the month of test.

The headings for "germination" and "hard seed or dormant seed" percentages must be
stated separately on the seed label. A separate percentage derived from combining these
percentages may also be stated on the seed label deleted text begin , but the heading for this percentage must
be "total germination and hard seed or dormant seed when applicable." They must not be
stated as "total live seed," "total germination," or in any other unauthorized manner. deleted text end new text begin as
"total viable."
new text end

(j) Name and address of the person who labeled the seed or who sells the seed within
this state, or a code number which has been registered with the commissioner.

Sec. 20.

Minnesota Statutes 2014, section 21.82, subdivision 4, is amended to read:

Subd. 4.

Hybrid seed corn.

For hybrid seed corn purposes a label must contain:

(1) a statement indicating the number of seeds in the container may be listed along
with or in lieu of the net weight of contents; and

(2) for each variety of hybrid seed field corn, the day classification as determined
by the originator or owner. The day classification must approximate the number of days
of growing season necessary from emergence of the corn plant above ground to relative
maturity and must deleted text begin conform to the day classification established by the director of deleted text end new text begin be
within three days of maturity ratings determined in comparative trials by new text end the Minnesota
agricultural experiment station deleted text begin for the appropriate zone deleted text end .

Sec. 21.

Minnesota Statutes 2014, section 21.85, subdivision 2, is amended to read:

Subd. 2.

Seed laboratory.

new text begin (a) new text end The commissioner shall establish and maintain a seed
laboratory for seed testing, employing necessary agents and assistants to administer and
enforce sections 21.80 to 21.92, who shall be governed by chapter 43A.

new text begin (b) The laboratory procedures for testing official seed samples are the procedures
set forth in the Rules for Testing Seeds that is published annually by the Association of
Official Seed Analysts. If a laboratory procedure rule does not exist for a particular type
of seed, then laboratory procedures from other recognized seed testing sources may be
used, including procedures under the Code of Federal Regulations, title 7, part 201, or
the International Rules for Testing Seeds.
new text end

Sec. 22.

Minnesota Statutes 2014, section 21.85, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Prohibited and restricted seeds. new text end

new text begin The commissioner shall determine
species that are considered prohibited weed seeds and restricted noxious weed seeds and
the allowable rate of occurrence of restricted noxious weed seeds.
new text end

Sec. 23.

Minnesota Statutes 2014, section 21.89, subdivision 2, is amended to read:

Subd. 2.

Permits; issuance and revocation.

The commissioner shall issue a permit
to the initial labeler of agricultural, vegetable, flower, and wildflower seeds which are sold
for use in Minnesota and which conform to and are labeled under sections 21.80 to 21.92.
The categories of permits are as follows:

(1) for initial labelers who sell 50,000 pounds or less of agricultural seed each
calendar year, an annual permit issued for a fee established in section 21.891, subdivision
2, paragraph (b);

(2) for initial labelers who sell vegetable, flower, and wildflower seed packed for
use in home gardens or household plantings, new text begin and initial labelers who sell native grasses
and wildflower seed in commercial or agricultural quantities, new text end an annual permit issued for
a fee established in section 21.891, subdivision 2, paragraph (c), based upon the gross
sales from the previous year; and

(3) for initial labelers who sell more than 50,000 pounds of agricultural seed
each calendar year, a permanent permit issued for a fee established in section 21.891,
subdivision 2, paragraph (d).

In addition, the person shall furnish to the commissioner an itemized statement of all
seeds sold in Minnesota for the periods established by the commissioner. This statement
shall be delivered, along with the payment of the fee, based upon the amount and type
of seed sold, to the commissioner no later than 30 days after the end of each reporting
period. Any person holding a permit shall show as part of the analysis labels or invoices
on all agricultural, vegetable, flower, wildflower, tree, or shrub seeds all information the
commissioner requires. The commissioner may revoke any permit in the event of failure
to comply with applicable laws and rules.

Sec. 24.

Minnesota Statutes 2014, section 21.891, subdivision 2, is amended to read:

Subd. 2.

Seed fee permits.

(a) An initial labeler who wishes to sell seed in
Minnesota must comply with section 21.89, subdivisions 1 and 2, and the procedures in
this subdivision. Each initial labeler who wishes to sell seed in Minnesota must apply to
the commissioner to obtain a permit. The application must contain the name and address of
the applicant, the application date, and the name and title of the applicant's contact person.

(b) The application for a seed permit covered by section 21.89, subdivision 2, clause
(1), must be accompanied by an application fee of deleted text begin $50 deleted text end new text begin $75 new text end .

(c) The application for a seed permit covered by section 21.89, subdivision 2, clause
(2), must be accompanied by an application fee based on the level of annual gross sales
as follows:

(1) for gross sales of $0 to $25,000, the annual permit fee is deleted text begin $50 deleted text end new text begin $75 new text end ;

(2) for gross sales of $25,001 to $50,000, the annual permit fee is deleted text begin $100 deleted text end new text begin $150 new text end ;

(3) for gross sales of $50,001 to $100,000, the annual permit fee is deleted text begin $200 deleted text end new text begin $300 new text end ;

(4) for gross sales of $100,001 to $250,000, the annual permit fee is deleted text begin $500 deleted text end new text begin $750 new text end ;

(5) for gross sales of $250,001 to $500,000, the annual permit fee is deleted text begin $1,000 deleted text end new text begin $1,500 new text end ;
and

(6) for gross sales of $500,001 deleted text begin and above deleted text end new text begin to $1,000,000 new text end , the annual permit fee is
deleted text begin $2,000 deleted text end new text begin $3,000; and
new text end

new text begin (7) for gross sales of $1,000,0001 and above, the annual permit fee is $4,500 new text end .

(d) The application for a seed permit covered by section 21.89, subdivision 2, clause
(3), must be accompanied by an application fee of deleted text begin $50 deleted text end new text begin $75 new text end . Initial labelers holding seed
fee permits covered under this paragraph need not apply for a new permit or pay the
application fee. Under this permit category, the fees for the following kinds of agricultural
seed sold either in bulk or containers are:

(1) oats, wheat, and barley, deleted text begin 6.3 deleted text end new text begin 9 new text end cents per hundredweight;

(2) rye, field beans, soybeans, buckwheat, and flax, deleted text begin 8.4 deleted text end new text begin 12 new text end cents per hundredweight;

(3) field corn, deleted text begin 29.4 deleted text end new text begin 17 new text end cents per deleted text begin hundredweight deleted text end new text begin 80,000 seed unit new text end ;

(4) forage, lawn and turf grasses, and legumes, deleted text begin 49 deleted text end new text begin 69 new text end cents per hundredweight;

(5) sunflower, deleted text begin $1.40 deleted text end new text begin $1.96 new text end per hundredweight;

(6) sugar beet, deleted text begin $3.29 deleted text end new text begin 12 cents new text end per deleted text begin hundredweight deleted text end new text begin 100,000 seed unit new text end ; deleted text begin and
deleted text end

new text begin (7) soybeans, 7.5 cents per 140,000 seed unit; and
new text end

deleted text begin (7) deleted text end new text begin (8) new text end for any agricultural seed not listed in clauses (1) to deleted text begin (6) deleted text end new text begin (7) new text end , the fee for the crop
most closely resembling it in normal planting rate applies.

(e) If, for reasons beyond the control and knowledge of the initial labeler, seed is
shipped into Minnesota by a person other than the initial labeler, the responsibility for the
seed fees are transferred to the shipper. An application for a transfer of this responsibility
must be made to the commissioner. Upon approval by the commissioner of the transfer,
the shipper is responsible for payment of the seed permit fees.

(f) Seed permit fees may be included in the cost of the seed either as a hidden cost or
as a line item cost on each invoice for seed sold. To identify the fee on an invoice, the
words "Minnesota seed permit fees" must be used.

(g) All seed fee permit holders must file semiannual reports with the commissioner,
even if no seed was sold during the reporting period. Each semiannual report must be
submitted within 30 days of the end of each reporting period. The reporting periods are
October 1 to March 31 and April 1 to September 30 of each year or July 1 to December
31 and January 1 to June 30 of each year. Permit holders may change their reporting
periods with the approval of the commissioner.

(h) The holder of a seed fee permit must pay fees on all seed for which the permit
holder is the initial labeler and which are covered by sections 21.80 to 21.92 and sold
during the reporting period.

(i) If a seed fee permit holder fails to submit a semiannual report and pay the seed
fee within 30 days after the end of each reporting period, the commissioner shall assess a
penalty of $100 or eight percent, calculated on an annual basis, of the fee due, whichever
is greater, but no more than $500 for each late semiannual report. A $15 penalty must be
charged when the semiannual report is late, even if no fee is due for the reporting period.
Seed fee permits may be revoked for failure to comply with the applicable provisions of
this paragraph or the Minnesota seed law.

Sec. 25.

Minnesota Statutes 2014, section 21.891, subdivision 5, is amended to read:

Subd. 5.

Brand name registration fee.

The fee is deleted text begin $25 deleted text end new text begin $50 new text end for each variety
registered for sale by brand name.

Sec. 26.

Minnesota Statutes 2014, section 25.39, subdivision 1, is amended to read:

Subdivision 1.

Amount of fee.

(a) An inspection fee at the rate of deleted text begin 16 deleted text end new text begin 26 new text end cents per
ton must be paid to the commissioner on commercial feeds distributed in this state by deleted text begin the deleted text end new text begin
a new text end person deleted text begin who first distributes the commercial feed, deleted text end new text begin licensed under section 25.341 who
distributes a commercial feed to a person not required to be licensed, new text end except that deleted text begin :
deleted text end

deleted text begin (1) deleted text end no fee need be paid on:

deleted text begin (i) deleted text end new text begin (1) new text end a commercial feed if the payment has been made by a previous distributor; or

deleted text begin (ii) deleted text end new text begin (2) new text end customer formula feeds if the inspection fee is paid on the commercial feeds
which are used as ingredients deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (2) a Minnesota feed distributor who can substantiate that greater than 50 percent
of the distribution of commercial feed is to purchasers outside the state may purchase
commercial feeds without payment of the inspection fee under a tonnage fee exemption
permit issued by the commissioner. Such location specific permits shall be issued on a
calendar year basis to commercial feed distributors who submit a $100 nonrefundable
application fee and comply with rules adopted by the commissioner relative to record
keeping, tonnage of commercial feed distributed in Minnesota, total of all commercial
feed tonnage distributed, and all other information which the commissioner may require
so as to ensure that proper inspection fee payment has been made.
deleted text end

(b) In the case of pet food distributed in the state only in packages of ten pounds
or less, a listing of each product and a current label for each product must be submitted
annually on forms provided by the commissioner and accompanied by an annual fee
of $50 for each product in lieu of the inspection fee. This annual fee is due by July 1.
The inspection fee required by paragraph (a) applies to pet food distributed in packages
exceeding ten pounds.

(c) In the case of specialty pet food distributed in the state only in packages of
ten pounds or less, a listing of each product and a current label for each product must
be submitted annually on forms provided by the commissioner and accompanied by an
annual fee of $25 for each product in lieu of the inspection fee. This annual fee is due
by July 1. The inspection fee required by paragraph (a) applies to specialty pet food
distributed in packages exceeding ten pounds.

(d) The minimum inspection fee is deleted text begin $10 deleted text end new text begin $100 new text end per annual reporting period.

Sec. 27.

Minnesota Statutes 2014, section 28A.03, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin HACCP plan. new text end

new text begin "Hazard analysis critical control point (HACCP) plan"
means a written document that delineates the formal procedures for following the HACCP
principles developed by the National Advisory Committee on Microbiological Criteria
for Foods.
new text end

Sec. 28.

Minnesota Statutes 2014, section 28A.03, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Statewide education and evaluation fee. new text end

new text begin "Statewide education and
evaluation fee" means a fee to fund statewide retail food program development activities,
including training for inspection staff, technical assistance, maintenance of a statewide
integrated food safety and security information system, and other related statewide
activities that support the retail food program activities.
new text end

Sec. 29.

Minnesota Statutes 2014, section 28A.08, subdivision 1, is amended to read:

Subdivision 1.

General.

License fees, penalties for late renewal of licenses, and
penalties for not obtaining a license before conducting business in food handling that are set
in this section apply to the sections named except as provided under section 28A.09. Except
as specified herein, bonds and assessments based on number of units operated or volume
handled or processed which are provided for in said laws shall not be affected, nor shall any
penalties for late payment of said assessments, nor shall inspection fees, be affected by this
chapter. The penalties may be waived by the commissioner. Fees for all new licenses must
be based on the anticipated future gross annual food sales. If a firm is found to be operating
for multiple years without paying license fees, the state may collect the appropriate fees
and penalties for each year of operation. new text begin Food handlers must pay the highest applicable
fee under subdivisions 4 to 9, and must pay all applicable fees under subdivision 10.
new text end

Sec. 30.

Minnesota Statutes 2014, section 28A.08, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Retail food handler license fees. new text end

new text begin Retail food handler license fees are set
forth under section 15.445.
new text end

Sec. 31.

Minnesota Statutes 2014, section 28A.08, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Wholesale food handler. new text end

new text begin (a) Wholesale food handler license fees are
set forth under this subdivision.
new text end

new text begin (b) The Category 1 license fee is $250. "Category 1" means a fee category as a
wholesale food handler as classified in section 28A.05 that has gross annual sales of
$250,000 or less.
new text end

new text begin (c) The Category 2 license fee is $500. "Category 2" means a fee category as a
wholesale food handler as classified in section 28A.05 that is not a Category 1 and where
food sales are limited to frozen storage or ambient, shelf-stable storage.
new text end

new text begin (d) The Category 3 license fee is $1,000. "Category 3" means a fee category as
a wholesale food handler as classified in section 28A.05 that is not Category 1 or 2
and where food sales include refrigerated storage or the distribution of perishable food
products as defined in section 34A.01.
new text end

new text begin (e) The Category 4 license fee is $1,500. "Category 4" means a fee category as a
wholesale food handler as classified in section 28A.05 that is not Category 1, 2, or 3 and
where food sales include one or more of the following:
new text end

new text begin (1) potentially hazardous foods that are considered ready-to-eat or are considered
specialized processes as defined and required by Code of Federal Regulations, title 21,
parts 113, 114, 120, and 123;
new text end

new text begin (2) high-risk production such as canning low-acid foods, acidifying foods, vacuum
packaging, salvaging, smoking for preservation, or curing; or
new text end

new text begin (3) potentially hazardous food frequently implicated in foodborne illnesses.
new text end

Sec. 32.

Minnesota Statutes 2014, section 28A.08, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Wholesale food processor or manufacturer. new text end

new text begin (a) Wholesale food
processor or manufacturer license fees are set forth under this subdivision.
new text end

new text begin (b) The Category 1 license fee is $250. "Category 1" means a fee category as a
wholesale food processor or manufacturer as classified in section 28A.05 that has gross
annual sales of $250,000 or less.
new text end

new text begin (c) The Category 2 license fee is $600. "Category 2" means a fee category as a
wholesale food processor or manufacturer as classified in section 28A.05 that is not a
Category 1 and where food sales are limited to food that is not ready-to-eat or potentially
hazardous.
new text end

new text begin (d) The Category 3 license fee is $1,200. "Category 3" means a fee category
as a wholesale food processor or manufacturer as classified in section 28A.05 that is
not Category 1 or 2 and where food sales include foods that are either ready-to-eat or
potentially hazardous, but not both.
new text end

new text begin (e) The Category 4 license fee is $2,000. "Category 4" means a fee category as
a wholesale food processor or manufacturer as classified in section 28A.05 that is not
Category 1, 2, or 3 and where food sales include one or more of the following:
new text end

new text begin (1) potentially hazardous foods that are considered ready-to-eat or are considered
specialized processes as defined and required by Code of Federal Regulations, title 21,
parts 113, 114, 120, and 123;
new text end

new text begin (2) high-risk production such as canning low-acid foods, acidifying foods, vacuum
packaging, salvaging, smoking for preservation, or curing; or
new text end

new text begin (3) potentially hazardous food frequently implicated in foodborne illnesses.
new text end

new text begin (f) The fee for a wholesale food processor or manufacturer operating only at the
Minnesota State Fair is $125.
new text end

new text begin (g) The fee for a wholesale food manufacturer that has the permission of the
commissioner to use the name Minnesota Farmstead cheese is $30.
new text end

new text begin (h) The fee for a wholesale food manufacturer processing less than 700,000 pounds
of raw milk per year is $30.
new text end

Sec. 33.

Minnesota Statutes 2014, section 28A.08, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Certain wholesale food processors. new text end

new text begin (a) For purposes of this subdivision,
"wholesale food processor" means a wholesale food processor of meat or poultry products
that is solely under the supervision of the United States Department of Agriculture. The
wholesale food processor fees are set forth in this subdivision.
new text end

new text begin (b) For a wholesale food processor with:
new text end

new text begin (1) gross sales or service of less than $250,000 for the immediately previous license
or fiscal year, the fee is $250;
new text end

new text begin (2) $250,001 to $5,000,000 gross sales or service for the immediately previous
license or fiscal year, the fee is $435;
new text end

new text begin (3) $5,000,001 to $10,000,000 gross sales or service for the immediately previous
license or fiscal year, the fee is $680;
new text end

new text begin (4) $10,000,001 to $25,000,000 gross sales or service for the immediately previous
license or fiscal year, the fee is $1,335;
new text end

new text begin (5) $25,000,001 to $100,000,000 gross sales or service for the immediately previous
license or fiscal year, the fee is $1,685; or
new text end

new text begin (6) $100,000,0001 or more gross sales or service for the immediately previous
license or fiscal year, the fee is $1,860.
new text end

Sec. 34.

Minnesota Statutes 2014, section 28A.08, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Food broker. new text end

new text begin The license fee for a food broker or wholesaler food handler
that does not take physical possession of food is $250.
new text end

Sec. 35.

Minnesota Statutes 2014, section 28A.08, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Milk marketing organization. new text end

new text begin The license fee for or a milk marketing
organization without facilities for processing or manufacturing that purchases milk from
milk producers for delivery to a licensed wholesale food processor or manufacturer is $50.
new text end

Sec. 36.

Minnesota Statutes 2014, section 28A.08, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Additional applicable fees. new text end

new text begin (a) The license fee for an individual private
sewer or individual private water is $60. "Individual private water" means a fee category
with a water supply other than a community public water supply as defined in Minnesota
Rules, chapter 4720. "Individual private sewer" means a fee category with an individual
sewage treatment system that uses subsurface treatment and disposal.
new text end

new text begin (b) "Large wholesale food handler establishment" means a fee category added to
a license based on gross annual sales over $10,000,000 for wholesale food handlers as
classified in section 28A.05. The fee for a large wholesale food handler establishment shall
equal 0.02 percent of gross sales or service, including food, with a maximum fee of $7,500.
new text end

new text begin (c) "Large wholesale food processor or manufacturer establishment" means a fee
category added to a license based on gross annual sales over $10,000,000 for wholesale
food processors or manufacturers as classified in section 28A.05. The fee for a large
wholesale food processor or manufacturer establishment shall equal 0.02 percent of
gross sales or service, including food, with a maximum fee of $10,000. Wholesale food
processors or manufacturers paying license fees under section 28A.08, subdivision 7,
are exempt from this fee.
new text end

Sec. 37.

Minnesota Statutes 2014, section 28A.08, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Statewide education and evaluation fee. new text end

new text begin Every person, individual, firm,
or corporation that operates as a retail food handler, retail mobile food handler, seasonal
temporary or permanent food stand, special event food stand, mobile food unit, or food
cart in Minnesota must submit to the commissioner a $15 annual statewide education
and evaluation fee for each licensed activity. The fee for establishments licensed by
the Department of Agriculture is required at the same time the licensure fee is due. For
establishments licensed by local governments, the fee shall be collected by the local
board of health as described in section 28A.075 and paid to the commissioner by July
1 of each year.
new text end

Sec. 38.

Minnesota Statutes 2014, section 28A.08, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Penalties. new text end

new text begin The penalty for the late renewal of licenses or for not obtaining
a license before conducting business in food handling is 50 percent of the total license fee
and additional applicable fees as required under subdivisions 4 to 10.
new text end

Sec. 39.

Minnesota Statutes 2014, section 28A.08, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Food handler license account; appropriation. new text end

new text begin A food handler license
fee account is created in the agricultural fund. Fees and penalties paid under this section
must be deposited in the food handler license fee account. Money in the account,
including interest accrued, is appropriated to the commissioner for the costs of the food
handler inspection program.
new text end

Sec. 40.

Minnesota Statutes 2014, section 28A.082, subdivision 1, is amended to read:

Subdivision 1.

Fees; application.

The fees for review of food handler facility floor
plans under the Minnesota Food Code are based upon the square footage of the structure
being newly constructed, remodeled, or converted. The fees for the review shall be:

	square footage		review fee
	0 - 4,999 .	$	deleted text begin 200.00 deleted text end new text begin 600.00 new text end
	5,000 - 24,999 .	$	deleted text begin 275.00 deleted text end new text begin 825.00 new text end
	25,000 plus .	$	deleted text begin 425.00 deleted text end new text begin 1,275.00 new text end

The applicant must submit the required fee, review application, plans, equipment
specifications, materials lists, and other required information on forms supplied by the
department at least 30 days prior to commencement of construction, remodeling, or
conversion. The commissioner may waive this fee after determining that the facility's
principal mode of business is not the sale of food and that the facility sells only
prepackaged foods.

Sec. 41.

Minnesota Statutes 2014, section 31.39, subdivision 1, is amended to read:

Subdivision 1.

Assessments.

The commissioner is hereby authorized and directed to
collect from each commercial cannery an assessment for inspection and services furnished,
and for maintaining a bacteriological laboratory and employing such bacteriologists
and trained and qualified sanitarians as the commissioner may deem necessary. The
assessment to be made on each commercial cannery, for each and every packing season,
shall not exceed one-half cent per case on all foods packed, canned, or preserved therein,
nor shall the assessment in any one calendar year to any one cannery exceed deleted text begin $6,000 deleted text end new text begin
$12,000 new text end , and the minimum assessment to any cannery in any one calendar year shall be
$100. The commissioner shall provide appropriate deductions from assessments for the
net weight of meat, chicken, or turkey ingredients which have been inspected and passed
for wholesomeness by the United States Department of Agriculture. The commissioner
may, when the commissioner deems it advisable, graduate and reduce the assessment to
such sum as is required to furnish the inspection and laboratory services rendered. The
amount of the assessment shall be due and payable on or before December 31, of each
year, and if not paid on or before February 15 following, shall bear interest after that date
at the rate of seven percent per annum, and a penalty of ten percent on the amount of the
assessment shall also be added and collected.

Sec. 42.

Minnesota Statutes 2014, section 32.394, subdivision 8, is amended to read:

Subd. 8.

Grade A inspection fees.

A processor or marketing organization of milk,
milk products, sheep milk, or goat milk who wishes to market Grade A milk or use the
Grade A label must apply for Grade A inspection service from the commissioner. A
pasteurization plant requesting Grade A inspection service must hold a Grade A permit
and pay an annual inspection fee of no more than $500. For Grade A farm inspection
service, the fee must be no more than deleted text begin $50 deleted text end new text begin $150 new text end per farm, paid annually by the processor
or by the marketing organization on behalf of its patrons. For a farm requiring a
reinspection in addition to the required biannual inspections, an additional fee must be
paid by the processor or by the marketing organization on behalf of its patrons. The fee
for reinspection of a farm with fewer than 100 cows is $60 per reinspection. The fee for
reinspection of a farm with 100 or more cows is $150 per reinspection.

Sec. 43.

Minnesota Statutes 2014, section 32.394, subdivision 8b, is amended to read:

Subd. 8b.

Manufacturing grade farm certification.

A processor or marketing
organization of milk, milk products, sheep milk, or goat milk who wishes to market other
than Grade A milk must apply for a manufacturing grade farm certification inspection
from the commissioner. A manufacturing plant that pasteurizes milk or milk by-products
must pay an annual fee based on the number of pasteurization units. This fee must not
exceed $140 per unit. The fee for farm certification inspection must not be more than deleted text begin $25 deleted text end new text begin
$75 new text end per farm to be paid annually by the processor or by the marketing organization on
behalf of its patrons. For a farm requiring more than the one inspection for certification, a
reinspection fee of $45 must be paid by the processor or by the marketing organization
on behalf of its patrons.

Sec. 44.

Minnesota Statutes 2014, section 41B.03, subdivision 6, is amended to read:

Subd. 6.

Application fee.

The authority may impose a reasonable nonrefundable
application fee for each application submitted for a beginning farmer loan or a
seller-sponsored loan. The application fee is initially $50. The authority may review the
fee annually and make adjustments as necessary. The fee must be deposited in the state
treasury and credited to deleted text begin an account in the special revenue fund. Money in the account is
appropriated to the commissioner for administrative expenses of the beginning farmer
and seller-sponsored loan programs deleted text end new text begin the Rural Finance Authority administrative account
established in subdivision 7 new text end .

Sec. 45.

Minnesota Statutes 2014, section 41B.03, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Rural Finance Authority administrative account. new text end

new text begin There is established
in the special revenue fund a Rural Finance Authority administrative account. Money in
the account, including interest, is appropriated to the commissioner for the administrative
expenses of the loan programs administered by the Rural Finance Authority.
new text end

Sec. 46.

Minnesota Statutes 2014, section 41B.04, subdivision 17, is amended to read:

Subd. 17.

Application and origination fee.

The authority may impose a reasonable
nonrefundable application fee for each application and an origination fee for each loan
issued under the loan restructuring program. The origination fee is 1.5 percent of the
authority's participation interest in the loan and the application fee is $50. The authority
may review the fees annually and make adjustments as necessary. The fees must be
deposited in the state treasury and credited to deleted text begin an account in the special revenue fund.
Money in the account is appropriated to the commissioner for administrative expenses
of the loan restructuring program deleted text end new text begin the Rural Finance Authority administrative account
established in section 41B.03 new text end .

Sec. 47.

Minnesota Statutes 2014, section 41B.043, subdivision 3, is amended to read:

Subd. 3.

Application and origination fee.

The authority may impose a reasonable
nonrefundable application fee for each application submitted for a participation issued
under the agricultural improvement loan program. The application fee is initially $50. The
authority may review the fees annually and make adjustments as necessary. The fees must
be deposited in the state treasury and credited to deleted text begin an account in the special revenue fund.
Money in this account is appropriated to the commissioner for administrative expenses of
the agricultural improvement loan program deleted text end new text begin the Rural Finance Authority administrative
account established in section 41B.03 new text end .

Sec. 48.

Minnesota Statutes 2014, section 41B.045, subdivision 3, is amended to read:

Subd. 3.

Specifications.

deleted text begin No loan may be made to refinance an existing debt. deleted text end Each
loan participation must be secured by a mortgage on real property and such other security
as the authority may require.

Sec. 49.

Minnesota Statutes 2014, section 41B.045, subdivision 4, is amended to read:

Subd. 4.

Application and origination fee.

The authority may impose a reasonable
nonrefundable application fee for each application for a loan participation and an
origination fee for each loan issued under the livestock expansion loan program. The
origination fee initially shall be set at 1.5 percent and the application fee at $50. The
authority may review the fees annually and make adjustments as necessary. The fees must
be deposited in the state treasury and credited to deleted text begin an account in the special revenue fund.
Money in this account is appropriated to the commissioner for administrative expenses of
the livestock expansion loan program deleted text end new text begin the Rural Finance Authority administrative account
established in section 41B.03 new text end .

Sec. 50.

Minnesota Statutes 2014, section 41B.046, subdivision 5, is amended to read:

Subd. 5.

Loans.

(a) The authority may participate in a stock loan with an eligible
lender to a farmer who is eligible under subdivision 4. Participation is limited to 45
percent of the principal amount of the loan or $40,000, whichever is less. The interest
rates and repayment terms of the authority's participation interest may differ from the
interest rates and repayment terms of the lender's retained portion of the loan, but the
authority's interest rate must not exceed 50 percent of the lender's interest rate.

(b) No more than 95 percent of the purchase price of the stock may be financed
under this program.

(c) Security for stock loans must be the stock purchased, a personal note executed by
the borrower, and whatever other security is required by the eligible lender or the authority.

(d) The authority may impose a reasonable nonrefundable application fee for each
application for a stock loan. The authority may review the fee annually and make
adjustments as necessary. The application fee is initially $50. Application fees received
by the authority must be deposited in the deleted text begin revolving loan account established in section
41B.06 deleted text end new text begin Rural Finance Authority administrative account established in section 41B.03 new text end .

(e) Stock loans under this program will be made using money in the revolving
loan account established in section 41B.06.

(f) The authority may not grant stock loans in a cumulative amount exceeding
$2,000,000 for the financing of stock purchases in any one cooperative.

(g) Repayments of financial assistance under this section, including principal and
interest, must be deposited into the revolving loan account established in section 41B.06.

Sec. 51.

Minnesota Statutes 2014, section 41B.047, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The authority shall establish and implement a
disaster recovery loan program to help farmers:

(1) clean up, repair, or replace farm structures and septic and water systems, as well
as replace seed, other crop inputs, feed, and livestock, when damaged by high winds,
hail, tornado, or flood; deleted text begin or
deleted text end

(2) purchase watering systems, irrigation systems, and other drought mitigation
systems and practices when drought is the cause of the purchase deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) restore farmland.
new text end

Sec. 52.

Minnesota Statutes 2014, section 41B.047, subdivision 4, is amended to read:

Subd. 4.

Loans.

(a) The authority may participate in a disaster recovery loan with
an eligible lender to a farmer who is eligible under subdivision 3. Participation is limited
to 45 percent of the principal amount of the loan or $50,000, whichever is less. The
interest rates and repayment terms of the authority's participation interest may differ from
the interest rates and repayment terms of the lender's retained portion of the loan, but the
authority's interest rate must not exceed four percent.

(b) Standards for loan amortization shall be set by the Rural Finance Authority
not to exceed ten years.

(c) Security for the disaster recovery loans must be a personal note executed by the
borrower and whatever other security is required by the eligible lender or the authority.

(d) The authority may impose a reasonable nonrefundable application fee for a
disaster recovery loan. The authority may review the fee annually and make adjustments
as necessary. The application fee is initially $50. Application fees received by the
authority must be deposited in the deleted text begin revolving loan account established under section
41B.06 deleted text end new text begin Rural Finance Authority administrative account established in section 41B.03 new text end .

(e) Disaster recovery loans under this program will be made using money in the
revolving loan account established under section 41B.06.

(f) Repayments of financial assistance under this section, including principal and
interest, must be deposited into the revolving loan account established under section
41B.06.

Sec. 53.

Minnesota Statutes 2014, section 41B.048, subdivision 6, is amended to read:

Subd. 6.

Loans.

(a) The authority may disburse loans through a fiscal agent to
farmers and agricultural landowners who are eligible under subdivision 5. The total
accumulative loan principal must not exceed $75,000 per loan.

(b) The fiscal agent may impose a loan origination fee in the amount of one percent
of the total approved loan. This fee is to be paid by the borrower to the fiscal agent at
the time of loan closing.

(c) The loan may be disbursed over a period not to exceed 12 years.

(d) A borrower may receive loans, depending on the availability of funds, for planted
areas up to 160 acres for up to:

(1) the total amount necessary for establishment of the crop;

(2) the total amount of maintenance costs, including weed control, during the first
three years; and

(3) 70 percent of the estimated value of one year's growth of the crop for years
four through 12.

(e) Security for the loan must be the crop, a personal note executed by the borrower, an
interest in the land upon which the crop is growing, and whatever other security is required
by the fiscal agent or the authority. All recording fees must be paid by the borrower.

(f) The authority may prescribe forms and establish an application process for
applicants to apply for a loan.

(g) The authority may impose a reasonable, nonrefundable application fee for each
application for a loan under this program. The application fee is initially $50. Application
fees received by the authority must be deposited in the deleted text begin revolving loan account established
under section 41B.06 deleted text end new text begin Rural Finance Authority administrative account established in
section 41B.03 new text end .

(h) Loans under the program must be made using money in the revolving loan
account established under section 41B.06.

(i) All repayments of financial assistance granted under this section, including
principal and interest, must be deposited into the revolving loan account established
under section 41B.06.

(j) The interest payable on loans made by the authority for the agroforestry loan
program must, if funded by revenue bond proceeds, be at a rate not less than the rate on the
revenue bonds, and may be established at a higher rate necessary to pay costs associated
with the issuance of the revenue bonds and a proportionate share of the cost of administering
the program. The interest payable on loans for the agroforestry loan program funded from
sources other than revenue bond proceeds must be at a rate determined by the authority.

(k) Loan principal balance outstanding plus all assessed interest must be repaid
within 120 days of harvest, but no later than 15 years from planting.

Sec. 54.

Minnesota Statutes 2014, section 41B.049, subdivision 4, is amended to read:

Subd. 4.

Loans.

(a) The authority may make a direct loan or participate in a loan
with an eligible lender to a farmer who is eligible under subdivision 3. Repayment terms
of the authority's participation interest may differ from repayment terms of the lender's
retained portion of the loan. Loans made under this section must be no-interest loans.

(b) Application for a direct loan or a loan participation must be made on forms
prescribed by the authority.

(c) Standards for loan amortization shall be set by the Rural Finance Authority
not to exceed ten years.

(d) Security for the loans must be a personal note executed by the borrower and
whatever other security is required by the eligible lender or the authority.

(e) No loan proceeds may be used to refinance a debt existing prior to application.

(f) The authority may impose a reasonable nonrefundable application fee for
each application for a direct loan or a loan participation. The authority may review the
application fees annually and make adjustments as necessary. The application fee is
initially set at $100 for a loan under subdivision 1. The fees received by the authority must
be deposited in the deleted text begin revolving loan account established in section 41B.06 deleted text end new text begin Rural Finance
Authority administrative account established in section 41B.03 new text end .

Sec. 55.

Minnesota Statutes 2014, section 41B.055, subdivision 3, is amended to read:

Subd. 3.

Loans.

(a) The authority may participate in a livestock equipment loan
equal to 90 percent of the purchased equipment value with an eligible lender to a farmer
who is eligible under subdivision 2. Participation is limited to 45 percent of the principal
amount of the loan or $40,000, whichever is less. The interest rates and repayment terms
of the authority's participation interest may differ from the interest rates and repayment
terms of the lender's retained portion of the loan, but the authority's interest rate must
not exceed three percent. The authority may review the interest annually and make
adjustments as necessary.

(b) Standards for loan amortization must be set by the Rural Finance Authority
and must not exceed ten years.

(c) Security for a livestock equipment loan must be a personal note executed by the
borrower and whatever other security is required by the eligible lender or the authority.

(d) Refinancing of existing debt is not an eligible purpose.

(e) The authority may impose a reasonable, nonrefundable application fee for
a livestock equipment loan. The authority may review the fee annually and make
adjustments as necessary. The initial application fee is $50. Application fees received
by the authority must be deposited in the deleted text begin revolving loan account established in section
41B.06 deleted text end new text begin Rural Finance Authority administrative account established in section 41B.03 new text end .

(f) Loans under this program must be made using money in the revolving loan
account established in section 41B.06.

Sec. 56.

Minnesota Statutes 2014, section 41B.056, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Intermediary" means any lending institution or other organization of a for-profit
or nonprofit nature that is in good standing with the state of Minnesota that has the
appropriate business structure and trained personnel suitable to providing efficient
disbursement of loan funds and the servicing and collection of loans.

(c) "Specialty crops" means agricultural crops, such as annuals, flowers, perennials,
and other horticultural products, that are intensively cultivated.

(d) "Eligible livestock" means deleted text begin poultry that has been allowed access to the outside,
sheep, or goats deleted text end new text begin beef cattle, dairy cattle, swine, poultry, goats, mules, farmed cervidae,
ratitae, bison, sheep, horses, and llamas new text end .

Sec. 57.

new text begin [41B.057] FARM OPPORTUNITY LOAN PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of agriculture shall establish a
farm opportunity loan program to provide loans that enable farmers to:
new text end

new text begin (1) add value to crops or livestock produced in Minnesota;
new text end

new text begin (2) adopt best management practices that emphasize sufficiency and self-sufficiency;
new text end

new text begin (3) reduce or improve management of agricultural inputs resulting in environmental
improvements; or
new text end

new text begin (4) increase production of on-farm energy.
new text end

new text begin Subd. 2. new text end

new text begin Loan criteria. new text end

new text begin (a) The farm opportunity loan program shall provide loans
for purchase of new or used equipment and installation of equipment for projects that
make environmental improvements and enhance farm profitability. The loan program
shall also be used to add value to crops or livestock produced in Minnesota by, but not
limited to, initiating or expanding livestock product processing; purchasing equipment to
initiate, upgrade, or modernize value-added agricultural businesses; or increasing farmers'
processing and aggregating capacity facilitating entry into farm-to-institution and other
markets. Eligible loan uses do not include expenses related to seeds, fertilizer, fuel, or
other operating expenses.
new text end

new text begin (b) The authority may impose a reasonable, nonrefundable application fee for a farm
opportunity loan. The authority may review the fee annually and make adjustments as
necessary. The initial application fee is $50. Application fees received by the authority
must be deposited in the Rural Finance Authority administrative account established
in section 41B.03.
new text end

new text begin (c) Loans may only be made to Minnesota residents engaged in farming. Standards
for loan amortization must be set by the Rural Finance Authority and must not exceed
ten years.
new text end

new text begin (d) The borrower must show the ability to repay the loan.
new text end

new text begin (e) Refinancing of existing debt is not an eligible expense.
new text end

new text begin (f) Loans under this program must be made using money in the revolving loan
account established in section 41B.06.
new text end

new text begin Subd. 3. new text end

new text begin Loan participation. new text end

new text begin The authority may participate in a farm opportunity
loan with an eligible lender, as defined in section 41B.02, subdivision 8, to a farmer or a
group of farmers on joint projects who are eligible under subdivision 2, paragraph (c),
and who are actively engaged in farming. Participation is limited to 45 percent of the
principal amount of the loan or $45,000 per individual, whichever is less. For loans to a
group made up of four or more individuals, participation is limited to 45 percent of the
principal amount of the loan or $180,000, whichever is less. The interest rate on the
loans must not exceed six percent.
new text end

Sec. 58.

Minnesota Statutes 2014, section 41B.06, is amended to read:

41B.06 RURAL FINANCE AUTHORITY REVOLVING LOAN ACCOUNT.

There is established in the rural finance administration fund a Rural Finance
Authority revolving loan account that is eligible to receive appropriations and the transfer
of loan funds from other programs. All repayments of financial assistance granted from
this account, including principal and interest, must be deposited into this account. Interest
earned on money in the account accrues to the account, and the money in the account is
appropriated to the commissioner of agriculture for purposes of the Rural Finance Authority
livestock equipment, methane digester, disaster recovery, value-added agricultural
product, agroforestry, deleted text begin and deleted text end agricultural microloan new text begin , and farm opportunity new text end loan programs,
including costs incurred by the authority to establish and administer the programs.

Sec. 59.

Minnesota Statutes 2014, section 500.24, subdivision 4, is amended to read:

Subd. 4.

Reports.

(a) The chief executive officer of every pension or investment
fund, corporation, limited partnership, limited liability company, or entity that is seeking
to qualify for an exemption from the commissioner, and the trustee of a family farm trust
that holds any interest in agricultural land or land used for the breeding, feeding, pasturing,
growing, or raising of livestock, dairy or poultry, or products thereof, or land used for
the production of agricultural crops or fruit or other horticultural products, other than a
bona fide encumbrance taken for purposes of security, or which is engaged in farming
or proposing to commence farming in this state after May 20, 1973, shall file with the
commissioner a report containing the following information and documents:

(1) the name of the pension or investment fund, corporation, limited partnership, or
limited liability company and its place of incorporation, certification, or registration;

(2) the address of the pension or investment plan headquarters or of the registered
office of the corporation in this state, the name and address of its registered agent in this state
and, in the case of a foreign corporation, limited partnership, or limited liability company,
the address of its principal office in its place of incorporation, certification, or registration;

(3) the acreage and location listed by quarter-quarter section, township, and county
of each lot or parcel of agricultural land or land used for the keeping or feeding of poultry
in this state owned or leased by the pension or investment fund, limited partnership,
corporation, or limited liability company;

(4) the names and addresses of the officers, administrators, directors, or trustees of
the pension or investment fund, or of the officers, shareholders owning more than ten
percent of the stock, including the percent of stock owned by each such shareholder, the
members of the board of directors of the corporation, and the members of the limited
liability company, and the general and limited partners and the percentage of interest in
the partnership by each partner;

(5) the farm products which the pension or investment fund, limited partnership,
corporation, or limited liability company produces or intends to produce on its agricultural
land;

(6) with the first report, a copy of the title to the property where the farming operations
are or will occur indicating the particular exception claimed under subdivision 3; and

(7) with the first or second report, a copy of the conservation plan proposed by the
soil and water conservation district, and with subsequent reports a statement of whether
the conservation plan was implemented.

The report of a corporation, trust, limited liability company, or partnership seeking
to qualify hereunder as a family farm corporation, an authorized farm corporation, an
authorized livestock farm corporation, a family farm partnership, an authorized farm
partnership, a family farm limited liability company, an authorized farm limited liability
company, or a family farm trust or under an exemption from the commissioner shall
contain the following additional information: the number of shares, partnership interests,
or governance and financial rights owned by persons or current beneficiaries of a family
farm trust residing on the farm or actively engaged in farming, or their relatives within
the third degree of kindred according to the rules of the civil law or their spouses; the
name, address, and number of shares owned by each shareholder, partnership interests
owned by each partner or governance and financial rights owned by each member, and a
statement as to percentage of gross receipts of the corporation derived from rent, royalties,
dividends, interest, and annuities. No pension or investment fund, limited partnership,
corporation, or limited liability company shall commence farming in this state until the
commissioner has inspected the report and certified that its proposed operations comply
with the provisions of this section.

(b) Every pension or investment fund, limited partnership, trust, corporation, or
limited liability company as described in paragraph (a) shall, prior to April 15 of each
year, file with the commissioner a report containing the information required in paragraph
(a), based on its operations in the preceding calendar year and its status at the end of the
year. A pension or investment fund, limited partnership, corporation, or limited liability
company that does not file the report by April 15 must pay a $500 civil penalty. The
penalty is a lien on the land being farmed under subdivision 3 until the penalty is paid.

(c) The commissioner may, for good cause shown, issue a written waiver or
reduction of the civil penalty for failure to make a timely filing of the annual report
required by this subdivision. The waiver or reduction is final and conclusive with respect
to the civil penalty, and may not be reopened or modified by an officer, employee, or
agent of the state, except upon a showing of fraud or malfeasance or misrepresentation
of a material fact. The report required under paragraph (b) must be completed prior to a
reduction or waiver under this paragraph. The commissioner may enter into an agreement
under this paragraph only once for each corporation or partnership.

new text begin (d) All reports required by paragraph (a) shall include a filing fee of $15. The fee
must be deposited in the state treasury and credited to an account in the special revenue
fund. Money in the account, including interest, is appropriated to the commissioner for
the administrative expenses of this section.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end Failure to file a required report or the willful filing of false information is a
gross misdemeanor.

Sec. 60. new text begin BALANCES TRANSFERRED; ACCOUNTS ABOLISHED.
new text end

new text begin The balances in the accounts created under sections 41B.03, subdivision 6; 41B.04,
subdivision 17; 41B.043, subdivision 3; and 41B.045, subdivision 4, are transferred to
the Rural Finance Authority administrative account established under section 41B.03,
subdivision 7, and the original accounts are abolished.
new text end

new text begin The balance in the account created under section 17.115 is transferred to the Rural
Finance Authority revolving loan account established under section 41B.06, and the
original account is abolished.
new text end

Sec. 61. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 17.115; 28A.08, subdivision 3; and 41A.12,
subdivision 4, new text end new text begin are repealed.
new text end

ARTICLE 3

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

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

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2016" and "2017" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2016, or
June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal
year 2017. "The biennium" is fiscal years 2016 and 2017. Appropriations for the fiscal
year ending June 30, 2015, 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 2016 new text end		new text begin 2017 new text end

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

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

new text begin $ new text end

new text begin 92,087,000 new text end

new text begin $ new text end

new text begin 93,615,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 6,468,000 new text end	new text begin 6,758,000 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 73,930,000 new text end	new text begin 74,998,000 new text end
new text begin Remediation new text end	new text begin 11,614,000 new text end	new text begin 11,784,000 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 25,838,000 new text end

new text begin 26,231,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 3,757,000 new text end	new text begin 3,777,000 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 22,006,000 new text end	new text begin 22,379,000 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 $753,000 the first year and $765,000 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 $673,000 the first year and $683,000 the
second year are from the environmental
fund for subsurface sewage treatment
system (SSTS) program administration
and community technical assistance and
education, including grants and technical
assistance to communities for water quality
protection. Of this amount, $129,000 each
year is for assistance to counties through
grants for SSTS program administration.
A county receiving a grant from this
appropriation shall submit the results
achieved with the grant to the commissioner
as part of its annual SSTS report. Any
unexpended balance in the first year does not
cancel but is available in the second year.
new text end

new text begin $107,000 the first year and $109,000 the
second year are from the environmental fund
for registration of wastewater laboratories.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2017, 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,
2020.
new text end

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

new text begin 15,640,000 new text end

new text begin 16,087,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin Environmental new text end	new text begin 15,640,000 new text end	new text begin 16,087,000 new text end

new text begin $202,000 the first year and $204,000 the
second year are from the environmental fund
for a monitoring program under Minnesota
Statutes, section 116.454.
new text end

new text begin 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 $126,000 the first year and $127,000 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 $214,000 the first year and $219,000 the
second year are from the environmental
fund for systematic, localized monitoring
efforts in the state that sample ambient air
to determine whether significant localized
differences exist. The commissioner, when
selecting areas to monitor, shall give priority
to areas where low income, indigenous
American Indians, and communities of
color are disproportionately impacted by
pollution from highway traffic, air traffic,
and industrial sources.
new text end

new text begin $691,000 the first year and $693,000 the
second year are from the environmental
fund for emission reduction activities and
grants to small businesses and other nonpoint
emission reduction efforts. 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 18,645,000 new text end

new text begin 18,934,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin Environmental new text end	new text begin 7,031,000 new text end	new text begin 7,150,000 new text end
new text begin Remediation new text end	new text begin 11,614,000 new text end	new text begin 11,784,000 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, 2017.
new text end

new text begin $4,279,000 the first year and $4,343,000 the
second year are from the remediation fund
for purposes of the leaking underground
storage tank program to investigate, clean up,
and prevent future releases from underground
petroleum storage tanks, and to the petroleum
remediation program for purposes of vapor
assessment and remediation. These same
annual amounts are transferred from the
petroleum tank fund to the remediation fund.
new text end

new text begin $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 31,964,000 new text end

new text begin 32,363,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin Environmental new text end	new text begin 29,253,000 new text end	new text begin 29,382,000 new text end
new text begin General new text end	new text begin 2,711,000 new text end	new text begin 2,981,000 new text end

new text begin $17,250,000 the first year and $17,250,000
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 $90,000 the first year and $90,000 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 $203,000 the first year and $207,000 the
second year are from the environmental
fund for the costs of implementing general
operating permits for feedlots over 1,000
animal units.
new text end

new text begin $566,000 the first year and $579,000 the
second year are from the general fund and
$192,000 the first year and $192,000 the
second year are from the environmental fund
for Environmental Quality Board operations
and support.
new text end

new text begin $500,000 the first year from the general
fund is a onetime appropriation to
the Environmental Quality Board for
development of a Web-based environmental
review tool.
new text end

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

new text begin $503,000 the first year and $507,000 the
second year are from the general fund for
the Environmental Quality Board to lead
an interagency team to provide technical
assistance regarding the mining, processing,
and transporting of silica sand.
new text end

new text begin $900,000 the first year and $900,000 the
second year are from the environmental fund
to develop and maintain systems to support
permitting and regulatory business processes
and agency data.
new text end

new text begin $380,000 the first year and $855,000 the
second year are from the general fund
for transfer to the Office of the Revisor
of Statutes to develop and maintain a
Web-based rulemaking system. The base
in fiscal year 2018 and fiscal year 2019 is
$430,000 from the general fund for transfer
to the Office of the Revisor of Statutes.
new text end

new text begin $543,000 the first year and $826,000 the
second year are from the general fund to
enhance awareness of and reduce priority
chemicals in consumer products. Of this
amount, $104,000 the first year and $124,000
the second year are for transfer to the
Department of Commerce and $104,000 the
first year and $104,000 the second year are
for transfer to the Department of Health.
This is a onetime appropriation from the
general fund.
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, 2017, 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, 2019.
new text end

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

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

new text begin $ new text end

new text begin 262,250,000 new text end

new text begin $ new text end

new text begin 263,798,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 74,245,000 new text end	new text begin 74,307,000 new text end
new text begin Natural Resources new text end	new text begin 85,973,000 new text end	new text begin 86,933,000 new text end
new text begin Game and Fish new text end	new text begin 101,732,000 new text end	new text begin 102,258,000 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 5,451,000 new text end

new text begin 5,521,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 1,575,000 new text end	new text begin 1,585,000 new text end
new text begin Natural Resources new text end	new text begin 3,332,000 new text end	new text begin 3,392,000 new text end
new text begin Game and Fish new text end	new text begin 344,000 new text end	new text begin 344,000 new text end
new text begin Permanent School new text end	new text begin 200,000 new text end	new text begin 200,000 new text end

new text begin $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 $2,755,000 the first year and $2,815,000
the second year are from the minerals
management account in the natural resources
fund for use as provided in Minnesota
Statutes, section 93.2236, paragraph (c),
for mineral resource management, projects
to enhance future mineral income, and
projects to promote new mineral resource
opportunities.
new text end

new text begin $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
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 33,155,000 new text end

new text begin 33,443,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 16,920,000 new text end	new text begin 17,025,000 new text end
new text begin Natural Resources new text end	new text begin 11,445,000 new text end	new text begin 11,504,000 new text end
new text begin Game and Fish new text end	new text begin 4,790,000 new text end	new text begin 4,914,000 new text end

new text begin $4,200,000 the first year and $4,200,000 the
second year are from the invasive species
account in the natural resources fund and
$3,206,000 the first year and $3,206,000 the
second year are from the general fund for
management, public awareness, assessment
and monitoring research, and water access
inspection to prevent the spread of invasive
species; management of invasive plants in
public waters; and management of terrestrial
invasive species on state-administered lands.
new text end

new text begin $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 $103,000 the first year and $103,000 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 $10,000 the first year and $10,000 the second
year are for payment to the Leech Lake Band
of Chippewa Indians to implement the band's
portion of the comprehensive plan for the
upper Mississippi.
new text end

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

new text begin $2,393,000 the first year and $2,393,000
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 $950,000 the first year and $950,000 the
second year are from the nongame wildlife
management account in the natural resources
fund for the purpose of nongame wildlife
management. Notwithstanding Minnesota
Statutes, section 290.431, $100,000 the first
year and $100,000 the second year may
be used for nongame wildlife information,
education, and promotion.
new text end

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

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

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

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

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

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

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

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

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

new text begin 38,656,000 new text end

new text begin 39,060,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 26,246,000 new text end	new text begin 26,650,000 new text end
new text begin Natural Resources new text end	new text begin 11,123,000 new text end	new text begin 11,123,000 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 $11,123,000 the first year and $11,123,000
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 heritage
enhancement account in 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 73,273,000 new text end

new text begin 74,025,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 23,577,000 new text end	new text begin 23,777,000 new text end
new text begin Natural Resources new text end	new text begin 47,430,000 new text end	new text begin 47,975,000 new text end
new text begin Game and Fish new text end	new text begin 2,266,000 new text end	new text begin 2,273,000 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 park and trail grants to local units of
government on land to be maintained for at
least 20 years for the purposes of the grants.
This appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (4). Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

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

new text begin The base for parks and trails operations in
fiscal year 2018 and thereafter is $47,750,000.
new text end

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

new text begin 70,820,000 new text end

new text begin 71,503,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin Natural Resources new text end	new text begin 1,908,000 new text end	new text begin 1,912,000 new text end
new text begin Game and Fish new text end	new text begin 68,912,000 new text end	new text begin 69,591,000 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 The game and fish fund base for fish and
wildlife management in fiscal year 2018 and
thereafter is $66,409,000.
new text end

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

new text begin 39,575,000 new text end

new text begin 38,926,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 4,927,000 new text end	new text begin 4,270,000 new text end
new text begin Natural Resources new text end	new text begin 10,415,000 new text end	new text begin 10,707,000 new text end
new text begin Game and Fish new text end	new text begin 24,133,000 new text end	new text begin 23,849,000 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 $870,000 the first year and $130,000 the
second year from the general fund and
$1,330,000 the first year and $220,000 the
second year from the game and fish fund are
for aviation services. This appropriation is
onetime.
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 $1,537,000 the first year and $1,580,000
the second year are from the heritage
enhancement account in the game and
fish fund for only the purposes specified
in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1). The base for these
purposes in fiscal year 2018 and thereafter is
$1,590,000.
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 The natural resources fund base for
enforcement in fiscal year 2018 and
thereafter is $10,834,000. The game and fish
fund base for enforcement in fiscal year 2018
and thereafter is $23,988,000.
new text end

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

new text begin 1,320,000 new text end

new text begin 1,320,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 1,000,000 new text end	new text begin 1,000,000 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 The base is $500,000 each year from the
general fund starting in fiscal year 2018.
new text end

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

new text begin $ new text end

new text begin 12,795,000 new text end

new text begin $ new text end

new text begin 12,769,000 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 to soil and water
conservation districts for general purposes,
nonpoint engineering, and implementation of
the reinvest in Minnesota reserve program.
Expenditures may be made from these
appropriations for supplies and services
benefiting soil and water conservation
districts. Any district receiving a grant under
this paragraph shall maintain a Web page that
publishes, at a minimum, its annual report,
annual audit, annual budget, and meeting
notices.
new text end

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

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

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

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

new text begin $386,000 the first year and $386,000
the second year are for implementation,
enforcement, 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 technical
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. This
appropriation must be matched by nonstate
funds. If the appropriation in either year is
insufficient, the appropriation in the other
year is available for it.
new text end

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

new text begin $ new text end

new text begin 6,653,000 new text end

new text begin $ new text end

new text begin 6,653,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 2,236,000 new text end	new text begin 2,236,000 new text end
new text begin Natural Resources new text end	new text begin 4,417,000 new text end	new text begin 4,417,000 new text end

new text begin $2,236,000 the first year and $2,236,000 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 $4,417,000 the first year and $4,417,000 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

new text begin Notwithstanding Minnesota Statutes, section
473.351, none of the appropriations under
this section may be distributed to the
Minneapolis Park and Recreation Board
under section 473.351, subdivision 3. For
purposes of allocating appropriations under
this section, the term "implementing agency,"
as defined in section 473.351, subdivision
1, paragraph (a), does not include the
Minneapolis Park and Recreation Board.
new text end

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

new text begin $ new text end

new text begin 945,000 new text end

new text begin $ new text end

new text begin 945,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 455,000 new text end	new text begin 455,000 new text end
new text begin Natural Resources new text end	new text begin 490,000 new text end	new text begin 490,000 new text end

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

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

new text begin $ new text end

new text begin 8,410,000 new text end

new text begin $ new text end

new text begin 8,410,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2016 new text end	new text begin 2017 new text end
new text begin General new text end	new text begin 8,250,000 new text end	new text begin 8,250,000 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

ARTICLE 4

ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES

Section 1.

Minnesota Statutes 2014, section 13.7411, subdivision 8, is amended to read:

Subd. 8.

Pollution Control Agency.

new text begin (a) Hazardous waste generators. new text end
Information provided by hazardous waste generators under section 473.151 and for which
confidentiality is claimed is governed by section 116.075, subdivision 2.

new text begin (b) Priority chemicals. Trade secret information and other information submitted
to the Pollution Control Agency related to priority chemicals in children's products are
classified under sections 116.9403 to 116.9411.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2014, section 14.365, is amended to read:

14.365 OFFICIAL RULEMAKING RECORD.

new text begin (a) new text end The agency shall maintain the official rulemaking record for every rule adopted
under sections 14.05 to 14.389. The record must be available for public inspection. The
record required by this section constitutes the official and exclusive agency rulemaking
record with respect to agency action on or judicial review of the rule. The record must
contain:

(1) copies of all publications in the State Register pertaining to the rule;

deleted text begin (2) all written petitions, and all requests, submissions, or comments received by the
agency or the administrative law judge after publication of the notice of intent to adopt or
the notice of hearing in the State Register pertaining to the rule;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the statement of need and reasonableness for the rule;

deleted text begin (4) the official transcript of the hearing if one was held, or the tape recording of the
hearing if a transcript was not prepared;
deleted text end

deleted text begin (5) deleted text end new text begin (3) new text end the report of the administrative law judge, if any;

deleted text begin (6) deleted text end new text begin (4) new text end the rule in the form last submitted to the administrative law judge under
sections 14.14 to 14.20 or first submitted to the administrative law judge under sections
14.22 to 14.28;

deleted text begin (7) deleted text end new text begin (5) new text end the administrative law judge's written statement of required modifications and
of approval or disapproval by the chief administrative law judge, if any;

deleted text begin (8) any documents required by applicable rules of the Office of Administrative
Hearings;
deleted text end

deleted text begin (9) deleted text end new text begin (6) new text end the agency's order adopting the rule;

deleted text begin (10) deleted text end new text begin (7) new text end the revisor's certificate approving the form of the rule; deleted text begin and
deleted text end

deleted text begin (11) deleted text end new text begin (8) new text end a copy of the adopted rule as filed with the secretary of state deleted text begin . deleted text end new text begin ;
new text end

new text begin (9) all written petitions and requests, submissions, or comments pertaining to the
rule received by the agency or the administrative law judge after publication of the notice
of intent to adopt or the notice of hearing in the State Register;
new text end

new text begin (10) the official transcript of the hearing, if one was held, or the recording of the
hearing if a transcript was not prepared; and
new text end

new text begin (11) any other document required by applicable rules of the Office of Administrative
Hearings.
new text end

new text begin (b) The agency shall permanently maintain the documents described in paragraph
(a), clauses (1) to (7). The agency shall maintain for at least seven years the documents
described in paragraph (a), clauses (8) to (10). The agency may fulfill this duty by
providing the documents to the revisor of statutes in the form and manner required by the
revisor. The official rulemaking record must be available for public inspection. The
official rulemaking record constitutes the official and exclusive agency rulemaking record
with respect to agency action on or judicial review of the rule.
new text end

Sec. 3.

new text begin [84.69] NATURAL RESOURCES CONSERVATION EASEMENT
STEWARDSHIP 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 natural resources conservation
easement stewardship account is created in the special revenue fund. The account consists
of money credited to the account and interest and other earnings on money in the account.
The State Board of Investment must manage the account to maximize long-term gain. The
following revenue must be deposited in the natural resources conservation easement
stewardship account:
new text end

new text begin (1) contributions to the account or specified for any purpose of the account;
new text end

new text begin (2) contributions under subdivision 3; section 84.66, subdivision 11; or other
applicable law;
new text end

new text begin (3) money appropriated for any of the purposes described in subdivision 2;
new text end

new text begin (4) money appropriated for monitoring and enforcement of easements and earnings
on the money appropriated that revert to the state under section 97A.056, subdivision
17, or other applicable law; and
new text end

new text begin (5) gifts under section 84.085 for conservation easement stewardship.
new text end

new text begin Subd. 2. new text end

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

new text begin Five percent of the balance on
July 1 of each year in the natural resources conservation easement stewardship account
is annually appropriated to the commissioner of natural resources and may be spent
only to cover the costs of managing conservation easements held by the Department of
Natural Resources, including costs associated with monitoring, landowner contracts,
records storage and management, processing landowner notices, requests for approval
or amendments, enforcement, and legal services associated with conservation easement
management activities.
new text end

new text begin Subd. 3. new text end

new text begin Financial contributions. new text end

new text begin The commissioner shall seek a financial
contribution to the natural resources conservation easement stewardship account for each
conservation easement acquired by or assigned to the Department of Natural Resources.
Unless otherwise provided by law, the commissioner shall determine the amount of the
contribution, which must be an amount calculated to earn sufficient money to meet
the costs of managing the conservation easement at a level that neither significantly
overrecovers nor underrecovers the costs. In determining the amount of the financial
contribution, the commissioner shall consider:
new text end

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

new text begin (2) the average hourly wages for the class or classes of employees expected to
manage the conservation easement;
new text end

new text begin (3) the estimated annual travel expenses to manage the conservation easement;
new text end

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1 and 2 of this section are effective the day
following final enactment. Subdivision 3 of this section is effective for conservation
easements acquired with money appropriated on or after July 1, 2015, and for acquisitions
of conservation easements by gift that are initiated on or after July 1, 2015.
new text end

Sec. 4.

Minnesota Statutes 2014, section 85.055, subdivision 1, is amended to read:

Subdivision 1.

Fees.

The fee for state park permits for:

(1) an annual use of state parks is deleted text begin $25 deleted text end new text begin $30 new text end ;

(2) a second or subsequent vehicle state park permit is $18;

(3) a state park permit valid for one day is deleted text begin $5 deleted text end new text begin $6 new text end ;

(4) a daily vehicle state park permit for groups is $3;

(5) an annual permit for motorcycles is $20;

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

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

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

Sec. 5.

Minnesota Statutes 2014, section 86B.415, subdivision 7, is amended to read:

Subd. 7.

Watercraft surcharge.

A deleted text begin $5 deleted text end new text begin $10 new text end surcharge is placed on each watercraft
licensed under subdivisions 1 to 5 for control, public awareness, law enforcement,
monitoring, and research of aquatic invasive species such as zebra mussel, purple
loosestrife, and Eurasian water milfoil in public waters and public wetlands.

Sec. 6.

new text begin [103B.103] EASEMENT STEWARDSHIP ACCOUNTS.
new text end

new text begin Subdivision 1. new text end

new text begin Accounts established; sources. new text end

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

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

new text begin Subd. 2. new text end

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

new text begin Five percent of the balance on
July 1 each year in the water and soil conservation easement stewardship account and
five percent of the balance on July 1 each year in the mitigation easement stewardship
account are annually appropriated to the board and may be spent only to cover the costs
of managing easements held by the board, including costs associated with monitoring,
landowner contracts, records storage and management, processing landowner notices,
requests for approval or amendments, enforcement, and legal services associated with
easement management activities.
new text end

new text begin Subd. 3. new text end

new text begin Financial contributions. new text end

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

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

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

new text begin (3) the estimated annual travel expenses to manage the easement;
new text end

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1 and 2 of this section are effective the day
following final enactment. Subdivision 3 of this section is effective for conservation
easements acquired with money appropriated on or after July 1, 2015, and for acquisitions
of conservation easements by gift or as a condition of approval for wetland mitigation as
provided in Minnesota Rules, chapter 8420, that are initiated on or after July 1, 2015.
new text end

Sec. 7.

Minnesota Statutes 2014, section 116.07, subdivision 4d, is amended to read:

Subd. 4d.

Permit fees.

(a) The agency may collect permit fees in amounts not greater
than those necessary to cover the reasonable costs of developing, reviewing, and acting
upon applications for agency permits and implementing and enforcing the conditions of
the permits pursuant to agency rules. Permit fees shall not include the costs of litigation.
The fee schedule must reflect reasonable and routine direct and indirect costs associated
with permitting, implementation, and enforcement. The agency may impose an additional
enforcement fee to be collected for a period of up to two years to cover the reasonable costs
of implementing and enforcing the conditions of a permit under the rules of the agency.
Any money collected under this paragraph shall be deposited in the environmental fund.

(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from
the owner or operator of all stationary sources, emission facilities, emissions units, air
contaminant treatment facilities, treatment facilities, potential air contaminant storage
facilities, or storage facilities subject to deleted text begin the requirement to obtain a permit deleted text end new text begin a notification,
permit, or license requirement new text end under deleted text begin subchapter deleted text end new text begin this chapter, subchapters I and new text end V of
the federal Clean Air Act, United States Code, title 42, section 7401 et seq., deleted text begin or section
116.081 deleted text end new text begin or rules adopted thereunder new text end . The annual fee shall be used to pay for all direct
and indirect reasonable costs, including deleted text begin attorney general deleted text end new text begin legal new text end costs, required to develop
and administer the new text begin notification, new text end permit new text begin , or license new text end program requirements of deleted text begin subchapter deleted text end new text begin
this chapter, subchapters I and new text end V of the federal Clean Air Act, United States Code, title
42, section 7401 et seq., deleted text begin and sections of this chapter and the deleted text end new text begin or new text end rules adopted deleted text begin under
this chapter related to air contamination and noise deleted text end new text begin thereunder new text end . Those costs include the
reasonable costs of reviewing and acting upon an application for a permit; implementing
and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient,
and deposition monitoring; preparing generally applicable regulations; responding to
federal guidance; modeling, analyses, and demonstrations; preparing inventories and
tracking emissions; and providing information to the public about these activities.

(c) The agency shall set fees that:

(1) will result in the collection, in the aggregate, from the sources listed in paragraph
(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112
of the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a
national primary ambient air quality standard has been promulgated;

(2) may result in the collection, in the aggregate, from the sources listed in paragraph
(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
regulated under this chapter or air quality rules adopted under this chapter; and

(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the
amount needed to match grant funds received by the state under United States Code, title
42, section 7405 (section 105 of the federal Clean Air Act).

The agency must not include in the calculation of the aggregate amount to be collected
under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
from a source. The increase in air permit fees to match federal grant funds shall be a
surcharge on existing fees. The commissioner may not collect the surcharge after the grant
funds become unavailable. In addition, the commissioner shall use nonfee funds to the
extent practical to match the grant funds so that the fee surcharge is minimized.

new text begin (d) Notwithstanding paragraphs (a) to (c), the agency shall collect an annual fee
from all owners or operators of facilities subject to a notification, permit, or license
requirement under chapter 115 or rules adopted thereunder. The annual fee shall be used
to pay for all direct and indirect reasonable costs, including legal costs, required to
develop and administer the notification, permit, or license requirements under chapter
115 or rules adopted thereunder.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end To cover the reasonable costs described in deleted text begin paragraph deleted text end new text begin paragraphs new text end (b) new text begin and
(d) new text end , the agency shall provide in the rules promulgated deleted text begin under paragraph (c) deleted text end new text begin to implement
paragraphs (b) to (d) new text end for an increase in the fee collected in each year by the percentage,
if any, by which the Consumer Price Index for the most recent calendar year ending
before the beginning of the year the fee is collected exceeds the Consumer Price Index
for the calendar year 1989. For purposes of this paragraph the Consumer Price Index for
any calendar year is the average of the Consumer Price Index for all-urban consumers
published by the United States Department of Labor, as of the close of the 12-month period
ending on August 31 of each calendar year. The revision of the Consumer Price Index that
is most consistent with the Consumer Price Index for calendar year 1989 shall be used.

deleted text begin (e) deleted text end new text begin (f) new text end Any money collected under deleted text begin paragraphs (b) to (d) deleted text end new text begin this subdivision new text end must be
deposited in the environmental fund and must be used solely for the activities listed in
deleted text begin paragraph deleted text end new text begin paragraphs new text end (b) new text begin and (d) new text end .

deleted text begin (f) deleted text end new text begin (g) new text end Permit applicants who wish to construct, reconstruct, or modify a facility may
offer to reimburse the agency for the costs of staff time or consultant services needed to
expedite the permit development process, including the analysis of environmental review
documents. The reimbursement shall be in addition to permit application fees imposed by
law. When the agency determines that it needs additional resources to develop the permit
application in an expedited manner, and that expediting the development is consistent with
permitting program priorities, the agency may accept the reimbursement. Reimbursements
accepted by the agency are appropriated to the agency for the purpose of developing
the permit or analyzing environmental review documents. Reimbursement by a permit
applicant shall precede and not be contingent upon issuance of a permit; shall not affect
the agency's decision on whether to issue or deny a permit, what conditions are included
in a permit, or the application of state and federal statutes and rules governing permit
determinations; and shall not affect final decisions regarding environmental review.

deleted text begin (g) deleted text end new text begin (h) new text end The fees under this subdivision are exempt from section 16A.1285.

Sec. 8.

Minnesota Statutes 2014, section 116.9401, is amended to read:

116.9401 DEFINITIONS.

(a) For the purposes of sections 116.9401 to deleted text begin 116.9407 deleted text end new text begin 116.9411 new text end , the following terms
have the meanings given them.

(b) "Agency" means the Pollution Control Agency.

(c) "Alternative" means a substitute process, product, material, chemical, strategy,
or combination of these that is technically feasible and serves a functionally equivalent
purpose to a chemical in a children's product.

(d) "Chemical" means a substance with a distinct molecular composition or a group
of structurally related substances and includes the breakdown products of the substance or
substances that form through decomposition, degradation, or metabolism.

(e) "Chemical of high concern" means a chemical identified on the basis of credible
scientific evidence by a state, federal, or international agency as being known or suspected
with a high degree of probability to:

(1) harm the normal development of a fetus or child or cause other developmental
toxicity;

(2) cause cancer, genetic damage, or reproductive harm;

(3) disrupt the endocrine or hormone system;

(4) damage the nervous system, immune system, or organs, or cause other systemic
toxicity;

(5) be persistent, bioaccumulative, and toxic; or

(6) be very persistent and very bioaccumulative.

(f) "Child" means a person under 12 years of age.

(g) "Children's product" means a consumer product intended for use by children,
such as baby products, toys, car seats, personal care products, and clothing.

(h) "Commissioner" means the commissioner of the Pollution Control Agency.

(i) new text begin "Contaminant" means a trace amount of a chemical that is incidental to
manufacturing and serves no intended function in the product component. Contaminant
includes, but is not limited to, unintended by-products of chemical reactions that
occur during the manufacture of the product component, trace impurities in feedstock,
incompletely reacted chemical mixtures, and degradation products.
new text end

new text begin (j) new text end "Department" means the Department of Health.

deleted text begin (j) deleted text end new text begin (k) new text end "Distributor" means a person who sells consumer products to retail
establishments on a wholesale basis.

deleted text begin (k) deleted text end new text begin (l) new text end "Green chemistry" means an approach to designing and manufacturing
products that minimizes the use and generation of toxic substances.

deleted text begin (l) deleted text end new text begin (m) new text end "Manufacturer" means any person who manufactures a final consumer
product sold at retail or whose brand name is affixed to the consumer product. In the
case of a consumer product imported into the United States, manufacturer includes the
importer or domestic distributor of the consumer product if the person who manufactured
or assembled the consumer product or whose brand name is affixed to the consumer
product does not have a presence in the United States.

new text begin (n) "Practical quantification limit" means the lowest concentration of a chemical that
can be reliably measured within specified limits of precision, accuracy, representativeness,
completeness, and comparability under routine laboratory operating conditions, the value
of which:
new text end

new text begin (1) is based on scientifically defensible, standard analytical methods;
new text end

new text begin (2) may vary depending on the matrix and analytical method used; and
new text end

new text begin (3) will be determined jointly by the agency and the department, taking into
consideration practical quantification limits established by federal or state agencies.
new text end

deleted text begin (m) deleted text end new text begin (o) new text end "Priority chemical" means a chemical identified by the Department of Health
as a chemical of high concern that meets the criteria in section 116.9403.

deleted text begin (n) deleted text end new text begin (p) "Product category" means the brick level of the GS1 Global Product
Classification (GPC) standard, which identifies products that serve a common purpose, are
of a similar form and material, and share the same set of category attributes.
new text end

new text begin (q) new text end "Safer alternative" means an alternative whose potential to harm human health is
less than that of the use of a priority chemical that it could replace.

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2014, section 116.9402, is amended to read:

116.9402 IDENTIFICATION OF CHEMICALS OF HIGH CONCERN.

(a) By July 1, 2010, the department shall, after consultation with the agency,
generate a list of chemicals of high concern.

(b) The department must periodically review and revise the list of chemicals of
high concern at least every three years. The department may add chemicals to the list if
the chemical meets one or more of the criteria in section 116.9401, paragraph (e). new text begin Any
changes to the list of chemicals of high concern must be published on the department's
Web site and in the State Register when a change is made.
new text end

(c) The department shall consider chemicals listed as a suspected carcinogen,
reproductive or developmental toxicant, or as being persistent, bioaccumulative, and
toxic, or very persistent and very bioaccumulative by a state, federal, or international
agency. These agencies may include, but are not limited to, the California Environmental
Protection Agency, the Washington Department of Ecology, the United States Department
of Health, the United States Environmental Protection Agency, the United Nation's World
Health Organization, and European Parliament Annex XIV concerning the Registration,
Evaluation, Authorisation, and Restriction of Chemicals.

(d) The department may consider chemicals listed by another state as harmful to
human health or the environment for possible inclusion in the list of chemicals of high
concern.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2014, section 116.9403, is amended to read:

116.9403 IDENTIFICATION OF PRIORITY CHEMICALS.

(a) The department, after consultation with the agency, may designate a chemical of
high concern as a priority chemical if the department finds that the chemical:

(1) has been identified as a high-production volume chemical by the United States
Environmental Protection Agency; and

(2) meets any of the following criteria:

(i) the chemical has been found through biomonitoring to be present in human blood,
including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;

(ii) the chemical has been found through sampling and analysis to be present in
household dust, indoor air, drinking water, or elsewhere in the home environment; or

(iii) the chemical has been found through monitoring to be present in fish, wildlife,
or the natural environment.

(b) By February 1, 2011, the department shall publish a list of priority chemicals in
the State Register and on the department's Internet Web site and shall update the published
list whenever a new priority chemical is designated. new text begin Any proposed changes to the list of
priority chemicals must be published on the department's Web site and in the State Register
and is subject to a minimum 60-day public comment period. After the department's
review and consideration of public comments, a final list of changes to the list of priority
chemicals must be published on the department's Web site and in the State Register.
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. 11.

Minnesota Statutes 2014, section 116.9405, is amended to read:

116.9405 APPLICABILITY.

The requirements of sections 116.9401 to deleted text begin 116.9407 deleted text end new text begin 116.9411 new text end do not apply to:

(1) chemicals in used children's products;

(2) priority chemicals used in the manufacturing process, but that are not present
in the final product;

(3) priority chemicals used in agricultural production;

(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter
86B or their component parts, except that the use of priority chemicals in detachable
car seats is not exempt;

(5) priority chemicals generated solely as combustion by-products or that are present
in combustible fuels;

(6) retailers;

(7) pharmaceutical products or biologics;

(8) a medical device as defined in the federal Food, Drug, and Cosmetic Act, United
States Code, title 21, section 321(h);

(9) deleted text begin food and food or beverage packaging, except a container containing baby food
or infant formula;
deleted text end

deleted text begin (10) deleted text end consumer electronics products and electronic components, including but not
limited to personal computers; audio and video equipment; calculators; digital displays;
wireless phones; cameras; game consoles; printers; and handheld electronic and electrical
devices used to access interactive software or their associated peripherals; or products that
comply with the provisions of directive 2002/95/EC of the European Union, adopted by
the European Parliament and Council of the European Union now or hereafter in effect; deleted text begin or
deleted text end

deleted text begin (11) deleted text end new text begin (10) new text end outdoor sport equipment, including snowmobiles as defined in section
84.81, subdivision 3; all-terrain vehicles as defined in section 84.92, subdivision 8;
personal watercraft as defined in section 86B.005, subdivision 14a; watercraft as defined
in section 86B.005, subdivision 18; and off-highway motorcycles, as defined in section
84.787, subdivision 7, and all attachments and repair parts for all of this equipment new text begin ;
new text end

new text begin (11) a manufacturer or distributor of a children's product whose annual aggregate
gross sales, both within and outside this state, as reported in the manufacturer's or
distributor's most recently filed federal tax return, is below $100,000; or
new text end

new text begin (12) a children's product if the annual production of the children's product is less
than 3,000 units new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2014, section 116.9406, is amended to read:

116.9406 DONATIONS TO THE STATE.

The commissioner may accept donations, grants, and other funds to carry out the
purposes of sections 116.9401 to deleted text begin 116.9407 deleted text end new text begin 116.9411 new text end . All donations, grants, and other
funds must be accepted without preconditions regarding the outcomes of the regulatory
oversight processes set forth in sections 116.9401 to deleted text begin 116.9407 deleted text end new text begin 116.9411 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. 13.

new text begin [116.9408] CHILDREN'S PRODUCTS; REPORTING INFORMATION
ON PRIORITY CHEMICALS.
new text end

new text begin Subdivision 1. new text end

new text begin Reporting; content. new text end

new text begin A manufacturer or distributor of a children's
product offered for sale in this state that contains one or more priority chemicals
designated under section 116.9403 must, unless the children's product is exempt under
section 116.9405, provide the following information to the agency, on a form developed by
the agency, for each priority chemical that is intentionally added to the children's product
and present at or above the practical quantification limit or that is a contaminant present in
a component of the children's product at a concentration above 100 parts per million:
new text end

new text begin (1) the name of the priority chemical;
new text end

new text begin (2) the Chemical Abstracts Service Registry number of the priority chemical;
new text end

new text begin (3) the concentration of each priority chemical contained in a children's product, a
description of how the concentration was determined, and an evaluation of the accuracy
of the determination. Concentrations at or above the practical quantification limit must
be reported, but may be reported in the following ranges:
new text end

new text begin (i) greater than or equal to the practical quantification limit but less than 100 parts
per million (ppm);
new text end

new text begin (ii) greater than or equal to 100 ppm but less than 500 ppm;
new text end

new text begin (iii) greater than or equal to 500 ppm but less than 1,000 ppm;
new text end

new text begin (iv) greater than or equal to 1,000 ppm but less than 5,000 ppm;
new text end

new text begin (v) greater than or equal to 5,000 ppm but less than 10,000 ppm; and
new text end

new text begin (vi) greater than or equal to 10,000 ppm;
new text end

new text begin (4) the product category of the children's product;
new text end

new text begin (5) the number of units of the children's product sold in Minnesota or nationally in
the most recently completed calendar year;
new text end

new text begin (6) information that the agency determines is necessary to determine the extent to
which a child is likely to be exposed to the priority chemical through normal use of the
product;
new text end

new text begin (7) any assessment conducted by the manufacturer or distributor of the children's
product or others regarding the use of safer alternatives to the priority chemical contained
in the children's product; and
new text end

new text begin (8) any additional information requested by the agency.
new text end

new text begin Subd. 2. new text end

new text begin Report timing. new text end

new text begin (a) A manufacturer or distributor subject to this section
must report the information required under this section to the agency no later than one
year after a priority chemical has been designated under section 116.9403 or, for a priority
chemical designated under section 116.9403 before July 1, 2011, on the following
schedule based on the manufacturer's or distributor's annual aggregate gross sales, both
within and outside the state, as reported in the manufacturer's or distributor's most recently
filed federal tax return:
new text end

new text begin (1) for a manufacturer or distributor with gross sales exceeding $1,000,000,000, by
July 1, 2017;
new text end

new text begin (2) for a manufacturer or distributor with gross sales exceeding $250,000,000 but
less than or equal to $1,000,000,000, by January 1, 2018;
new text end

new text begin (3) for a manufacturer or distributor with gross sales exceeding $100,000,000 but
less than or equal to $250,000,000, by July 1, 2018;
new text end

new text begin (4) for a manufacturer or distributor with gross sales exceeding $5,000,000 but less
than or equal to $100,000,000, by July 1, 2019; and
new text end

new text begin (5) for a manufacturer or distributor with gross sales exceeding $100,000 but less
than or equal to $5,000,000, by July 1, 2020.
new text end

new text begin (b) Two years after submitting an initial report to the agency under this section,
a manufacturer or distributor of a children's product offered for sale in this state that
continues to contain one or more priority chemicals must submit an updated report
containing the information required under subdivision 1 and the 12-digit Universal
Product Code for the children's product. If the children's product continues to be offered
for sale in this state and to contain the priority chemical, the information required under
this paragraph must be submitted to the agency every two years.
new text end

new text begin Subd. 3. new text end

new text begin Public data. new text end

new text begin Notwithstanding section 13.37, subdivision 2, the presence
and concentration of a priority chemical in a specific children's product reported to the
agency under subdivision 1 are classified as public data.
new text end

new text begin Subd. 4. new text end

new text begin Not misappropriation of trade secret. new text end

new text begin Notwithstanding section 325C.01,
subdivision 3, publication by the agency of the presence and concentration of a priority
chemical in a specific children's product reported to the agency under subdivision 1 is not
misappropriation of a trade secret.
new text end

new text begin Subd. 5. new text end

new text begin Removal of priority chemical; reporting. new text end

new text begin A manufacturer or distributor
who removes a priority chemical from a children's product reported under this section
must notify the agency of the removal at the earliest possible date. If the priority
chemical removed is replaced by a safer alternative, the manufacturer or distributor
must provide, on a form developed by the agency, the name of the safer alternative
and its Chemical Abstracts Service Registry number or, if not replaced by a chemical
alternative, a description of the techniques or design changes implemented. The safer
alternative or nonchemical techniques or design changes may be designated as trade
secrets. Upon verification that all priority chemicals in the product have been replaced by
safer alternatives, the commissioner must promptly remove from state agency Web sites
any reference to the relevant children's product of the manufacturer, and the manufacturer
will no longer report or pay fees on that children's product.
new text end

new text begin Subd. 6. new text end

new text begin Failure to report. new text end

new text begin If the information required in subdivision 1 is not
submitted in a timely fashion or is incomplete or otherwise unacceptable as determined
by the agency, the agency may contract with an independent third party of the agency's
choice to provide the information and may assess a fee on the manufacturer or distributor
to pay the costs specified under section 116.9409.
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. 14.

new text begin [116.9409] FEES.
new text end

new text begin (a) The agency shall collect a fee of $1,000 for each priority chemical initially
reported under section 116.9408. The fee doubles for each report subsequently filed
with the agency under section 116.9408 for the same chemical contained in the same
children's product.
new text end

new text begin (b) The agency shall collect a fee equal to the costs billed by the independent
contractor plus the agency's actual incurred costs to bid and administer the contract for
each contract issued under section 116.9408, subdivision 6.
new text end

new text begin (c) The commissioner shall deposit all fees received under this section in an account
in the special revenue fund.
new text end

new text begin (d) Fees collected under this section are exempt from section 16A.1285.
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. 15.

new text begin [116.9410] ENFORCEMENT.
new text end

new text begin The agency shall enforce sections 116.9401 to 116.9409 in the manner provided by
section 115.071, subdivisions 1, 3, 4, 5, and 6. Section 115.071, subdivision 2, does not
apply to violations of sections 116.9401 to 116.9409.
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. 16.

new text begin [116.9411] STATE AGENCY DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Safer alternative grants. new text end

new text begin If there is fee revenue collected under
section 116.9409, paragraph (a), in excess of program implementation costs, the
commissioner, in consultation with the commissioners of commerce and health, may
use that fee revenue to offer grants awarded competitively to manufacturers or other
researchers to develop safer alternatives to priority chemicals in children's products,
to establish alternatives as safer alternatives, or to accelerate the commercialization of
safer alternatives.
new text end

new text begin Subd. 2. new text end

new text begin Education and outreach. new text end

new text begin The commissioners of health and commerce
shall develop and implement an education and outreach effort regarding priority chemicals
in children's products.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin By January 15, 2018, and every three years thereafter, the
commissioners of the Pollution Control Agency, health, and commerce shall report to
the legislative committees with jurisdiction over environment and natural resources,
commerce, and public health on the implementation of sections 116.9401 to 116.9411.
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. 17. new text begin TRANSFERS.
new text end

new text begin (a) On June 30, 2015, the commissioner of management and budget shall transfer
to the natural resources conservation easement stewardship account, established in
Minnesota Statutes, section 84.69, the remaining balance:
new text end

new text begin (1) in the forests for the future conservation easement account under section 84.68;
and
new text end

new text begin (2) of all appropriations to the Department of Natural Resources from the outdoor
heritage fund for the establishment of conservation easement monitoring and enforcement
accounts.
new text end

new text begin (b) On June 30, 2015, the commissioner of management and budget shall transfer to
the water and soil conservation easement stewardship account, established in Minnesota
Statutes, section 103B.103, the remaining balance of all appropriations to the board from
the outdoor heritage fund for the establishment of conservation easement monitoring
and enforcement accounts.
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. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 84.68, new text end new text begin is repealed.
new text end

ARTICLE 5

PARKS AND TRAILS FUND

Section 1. new text begin PARKS AND TRAILS FUND 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
parks and trails fund and are available for the fiscal years indicated for each purpose. The
figures "2016" and "2017" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively.
"The first year" is fiscal year 2016. "The second year" is fiscal year 2017. "The biennium"
is fiscal years 2016 and 2017. All appropriations in this article are onetime.
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 2016 new text end		new text begin 2017 new text end

Sec. 2. new text begin PARKS AND TRAILS 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 43,183,000 new text end

new text begin $ new text end

new text begin 45,151,000 new text end

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

new text begin Subd. 2. new text end new text begin Availability of Appropriation new text end

new text begin Money appropriated in this article may
not be spent on activities unless they are
directly related to and necessary for a
specific appropriation. Money appropriated
in this article must be spent in accordance
with Minnesota Management and Budget's
Guidance to Agencies on Legacy Fund
Expenditure. Notwithstanding Minnesota
Statutes, section 16A.28, and unless
otherwise specified in this article, fiscal year
2016 appropriations are available until June
30, 2018, and fiscal year 2017 appropriations
are available until June 30, 2019. If a project
receives federal funds, the time period of
the appropriation is extended to equal the
availability of federal funding.
new text end

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

new text begin $ new text end

new text begin 26,122,000 new text end

new text begin $ new text end

new text begin 27,310,000 new text end

new text begin (a) $17,061,000 the first year and
$17,841,000 the second year are for state
parks, recreation areas, and trails to:
new text end

new text begin (1) connect people to the outdoors;
new text end

new text begin (2) acquire land and create opportunities;
new text end

new text begin (3) maintain existing holdings; and
new text end

new text begin (4) improve cooperation by coordinating
with partners to implement the 25-year
long-range parks and trails legacy plan.
new text end

new text begin (b) $8,530,000 the first year and $8,920,000
the second year are for grants in accordance
with Minnesota Statutes, section 85.535,
for parks and trails of regional or statewide
significance outside of the metropolitan area,
as defined in Minnesota Statutes, section
473.121, subdivision 2. Up to 2.5 percent of
the total appropriation may be used by the
department for administering the grants. Up
to 4.5 percent of the total appropriation is for
a grant to the Greater Minnesota Regional
Parks and Trails Commission for operating
costs.
new text end

new text begin (c) $531,000 the first year and $549,000 the
second year are for coordination and projects
between the department, Metropolitan
Council, and the Greater Minnesota Regional
Parks and Trails Commission; enhanced
Web-based information for park and trail
users; and support of activities of the Parks
and Trails Legacy Advisory Committee.
new text end

new text begin (d) The commissioner shall contract for
services with Conservation Corps Minnesota
for restoration, maintenance, and other
activities under this section for at least
$1,000,000 the first year and $1,000,000 the
second year.
new text end

new text begin (e) The implementing agencies receiving
appropriations under this section shall
give consideration to contracting with
Conservation Corps Minnesota for
restoration, maintenance, and other activities.
new text end

Sec. 4. new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end

new text begin 17,061,000 new text end

new text begin $ new text end

new text begin 17,841,000 new text end

new text begin (a) $17,061,000 the first year and
$17,841,000 the second year are for
distribution according to Minnesota Statutes,
section 85.53, subdivision 3.
new text end

new text begin (b) Money appropriated under this section
and distributed to implementing agencies
must be used to fund the list of recommended
projects in the report submitted pursuant to
Laws 2013, chapter 137, article 3, section
4, paragraph (o). Projects funded by the
money appropriated under this section must
be substantially consistent with the project
descriptions and dollar amounts in the report.
Any funds remaining after completion of
the listed projects may be spent by the
implementing agencies on projects to support
parks and trails.
new text end

new text begin (c) Grant agreements entered into by the
Metropolitan Council and recipients of
money appropriated under this section must
ensure that the funds are used to supplement
and not substitute for traditional sources of
funding.
new text end

new text begin (d) The implementing agencies receiving
appropriations under this section shall
give consideration to contracting with
Conservation Corps Minnesota for
restoration, maintenance, and other activities.
new text end

ARTICLE 6

CLEAN WATER FUND

Section 1. new text begin CLEAN WATER FUND 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
clean water fund and are available for the fiscal years indicated for allowable activities
under the Minnesota Constitution, article XI, section 15. The figures "2016" and "2017"
used in this article mean that the appropriations listed under them are available for the
fiscal year ending June 30, 2016, or June 30, 2017, respectively. "The first year" is fiscal
year 2016. "The second year" is fiscal year 2017. "The biennium" is fiscal years 2016
and 2017. The appropriations in this article are onetime.
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 2016 new text end		new text begin 2017 new text end

Sec. 2. new text begin CLEAN WATER 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 110,849,000 new text end

new text begin $ new text end

new text begin 110,849,000 new text end

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

new text begin Subd. 2. new text end new text begin Availability of Appropriation new text end

new text begin Money appropriated in this article may
not be spent on activities unless they are
directly related to and necessary for a
specific appropriation. Money appropriated
in this article must be spent in accordance
with Minnesota Management and Budget's
Guidance to Agencies on Legacy Fund
Expenditure. Notwithstanding Minnesota
Statutes, section 16A.28, and unless
otherwise specified in this article, fiscal year
2016 appropriations are available until June
30, 2017, and fiscal year 2017 appropriations
are available until June 30, 2018. If a project
receives federal funds, the time period of
the appropriation is extended to equal the
availability of federal funding.
new text end

Sec. 3. new text begin DEPARTMENT OF AGRICULTURE new text end

new text begin $ new text end

new text begin 8,360,000 new text end

new text begin $ new text end

new text begin 8,560,000 new text end

new text begin (a) $350,000 the first year and $350,000 the
second year are to increase monitoring for
pesticides and pesticide degradates in surface
water and groundwater and to use data
collected to assess pesticide use practices.
new text end

new text begin (b) $2,600,000 the first year and $2,700,000
the second year are for monitoring and
evaluating trends in the concentration of
nitrate in groundwater in areas vulnerable
to groundwater degradation; monitoring
for pesticides when nitrate is detected;
promoting, developing, and evaluating
regional and crop-specific nutrient best
management practices; assessing best
management practice adoption; education
and technical support from University of
Minnesota Extension; and other actions to
protect groundwater from degradation from
nitrate. This appropriation is available until
June 30, 2018.
new text end

new text begin (c) $75,000 the first year and $75,000 the
second year are for administering clean water
funds managed through the agriculture best
management practices loan program. Any
unencumbered balance at the end of the
second year shall be added to the corpus of
the loan fund.
new text end

new text begin (d) $1,500,000 the first year and $1,500,000
the second year are for technical assistance,
research, and demonstration projects on
proper implementation of best management
practices and more precise information on
nonpoint contributions to impaired waters.
This appropriation is available until June 30,
2020.
new text end

new text begin (e) $1,000,000 the first year and $1,100,000
the second year are for research to quantify
and reduce agricultural contributions to
impaired waters and for development and
evaluation of best management practices to
protect and restore water resources. This
appropriation is available until June 30, 2020.
new text end

new text begin (f) $50,000 the first year and $50,000 the
second year are for a research inventory
database containing water-related research
activities. Costs for information technology
development or support for this research
inventory database may be paid to the Office
of MN.IT Services. This appropriation is
available until June 30, 2018.
new text end

new text begin (g) $2,500,000 the first year and $2,500,000
the second year are to implement the
Minnesota agricultural water quality
certification program statewide. This
appropriation is available until June 30, 2020.
new text end

new text begin (h) $110,000 the first year and $110,000 the
second year are to provide funding for a
regional irrigation water quality specialist
through University of Minnesota Extension.
new text end

new text begin (i) $175,000 the first year and $175,000
the second year are to evaluate market
opportunities and develop markets for
crops that can be profitable for farmers and
beneficial for water quality and soil health.
This appropriation is available until June 30,
2018.
new text end

Sec. 4. new text begin PUBLIC FACILITIES AUTHORITY new text end

new text begin $ new text end

new text begin 9,250,000 new text end

new text begin $ new text end

new text begin 9,250,000 new text end

new text begin (a) $9,000,000 the first year and $9,000,000
the second year are for the point source
implementation grants program under
Minnesota Statutes, section 446A.073. This
appropriation is available until June 30, 2020.
new text end

new text begin (b) $250,000 the first year and $250,000
the second year are for small community
wastewater treatment grants and loans under
Minnesota Statues, section 446A.075. This
appropriation is available until June 30, 2020.
new text end

new text begin (c) If there are any uncommitted funds at
the end of each fiscal year under paragraph
(a) or (b), the Public Facilities Authority
may transfer the remaining funds to eligible
projects under any of the programs listed
in this section based on their priority rank
on the Pollution Control Agency's project
priority list.
new text end

Sec. 5. new text begin POLLUTION CONTROL AGENCY new text end

new text begin $ new text end

new text begin 29,325,000 new text end

new text begin $ new text end

new text begin 29,325,000 new text end

new text begin (a) $8,450,000 the first year and $8,450,000
the second year are for completion of 20
percent of the needed statewide assessments
of surface water quality and trends. Of this
amount, $500,000 each year is to monitor and
assess contaminants of emerging concern in
groundwater and surface water. If the amount
in the first year is insufficient, the amount in
the second year is available in the first year.
new text end

new text begin (b) $10,600,000 the first year and
$10,600,000 the second year are to develop
watershed restoration and protection
strategies (WRAPS), which include total
maximum daily load (TMDL) studies and
TMDL implementation plans for waters
listed on the Unites States Environmental
Protection Agency approved impaired waters
list in accordance with Minnesota Statutes,
chapter 114D. The agency shall complete an
average of ten percent of the TMDLs each
year over the biennium.
new text end

new text begin (c) $1,450,000 the first year and $1,450,000
the second year are for groundwater
assessment, including enhancing the
ambient monitoring network, modeling, and
evaluating trends, including the reassessment
of groundwater that was assessed ten to 15
years ago and found to be contaminated.
new text end

new text begin (d) $750,000 the first year and $750,000
the second year are for water quality
improvements in the lower St. Louis River
and Duluth harbor within the St. Louis River
System Area of Concern. This appropriation
must be matched at a rate of 65 percent
nonstate money to 35 percent state money.
new text end

new text begin (e) $1,500,000 the first year and $1,500,000
the second year are for the clean water
partnership program to provide grants
to protect and improve the basins and
watersheds of the state and provide financial
and technical assistance to study waters
with nonpoint source pollution problems.
Priority must be given to projects preventing
impairments and degradation of lakes, rivers,
streams, and groundwater in accordance
with Minnesota Statutes, section 114D.20,
subdivision 2, clause (4). Any balance
remaining in the first year does not cancel
and is available for the second year.
new text end

new text begin (f) $275,000 the first year and $275,000 the
second year are for storm water research and
guidance.
new text end

new text begin (g) $1,150,000 the first year and $1,150,000
the second year are for TMDL research and
database development.
new text end

new text begin (h) $950,000 the first year and $950,000
the second year are for national pollutant
discharge elimination system wastewater and
storm water TMDL implementation efforts.
new text end

new text begin (i) $3,750,000 the first year and $3,750,000
the second year are for enhancing the
county-level delivery systems for subsurface
sewage treatment system (SSTS) activities
necessary to implement Minnesota Statutes,
sections 115.55 and 115.56, for protection
of groundwater, including base grants
for all counties with SSTS programs and
competitive grants to counties with specific
plans to significantly reduce water pollution
by reducing the number of systems that
are an imminent threat to public health or
safety or are otherwise failing. Counties that
receive base grants must report the number
of sewage noncompliant properties upgraded
through SSTS replacement, connection
to a centralized sewer system, or other
means, including property abandonment
or buy-out. Counties also must report
the number of existing SSTS compliance
inspections conducted in areas under county
jurisdiction. These required reports are to
be part of established annual reporting for
SSTS programs. Counties that conduct SSTS
inventories or those with an ordinance in
place that requires an SSTS to be inspected
as a condition of transferring property or as a
condition of obtaining a local permit must be
given priority for competitive grants under
this paragraph. Of this amount, $750,000
each year is available to counties for grants to
low-income landowners to address systems
that pose an imminent threat to public health
or safety or fail to protect groundwater. A
grant awarded under this paragraph may not
exceed $500,000 for the biennium. A county
receiving a grant under this paragraph must
submit a report to the agency listing the
projects funded, including an account of the
expenditures.
new text end

new text begin (j) $400,000 the first year and $400,000 the
second year are for developing wastewater
treatment system designs and practices
and providing technical assistance. The
commissioner may provide financial support
to the Board of Regents of the University of
Minnesota for design teams with scientific
and technical expertise pertaining to
wastewater management and treatment.
Design teams will include representatives
from the University of Minnesota, Pollution
Control Agency, and municipal wastewater
utilities and other wastewater engineering
experts. The design teams shall promote the
use of new technology, designs, and practices
to address existing and emerging wastewater
treatment challenges, including the treatment
of wastewater for reuse and the emergence
of new and other unregulated contaminants.
This appropriation is available until June 30,
2018.
new text end

new text begin (k) $50,000 the first year and $50,000 the
second year are to support activities of the
Clean Water Council according to Minnesota
Statutes, section 114D.30, subdivision 1.
new text end

new text begin (l) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations in this
section encumbered on or before June 30,
2017, as grants or contracts are available
until June 30, 2020.
new text end

Sec. 6. new text begin DEPARTMENT OF NATURAL RESOURCES new text end

new text begin $ new text end

new text begin 9,475,000 new text end

new text begin $ new text end

new text begin 9,475,000 new text end

new text begin (a) $2,000,000 the first year and $2,000,000
the second year are for stream flow
monitoring.
new text end

new text begin (b) $1,300,000 the first year and $1,300,000
the second year are for lake Index of
Biological Integrity (IBI) assessments.
new text end

new text begin (c) $135,000 the first year and $135,000
the second year are for assessing mercury
and other contaminants of fish, including
monitoring to track the status of impaired
waters over time.
new text end

new text begin (d) $1,940,000 the first year and $1,940,000
the second year are for developing targeted,
science-based watershed restoration and
protection strategies.
new text end

new text begin (e) $1,375,000 the first year and $1,375,000
the second year are for water supply planning,
aquifer protection, and monitoring activities.
new text end

new text begin (f) $1,300,000 the first year and $1,300,000
the second year are for technical assistance
to support local implementation of nonpoint
source restoration and protection activities,
including water quality protection in forested
watersheds.
new text end

new text begin (g) $850,000 the first year and $850,000 the
second year are for applied research and tools,
including watershed hydrologic modeling;
maintaining and updating spatial data for
watershed boundaries, streams, and water
bodies and integrating high-resolution digital
elevation data; assessing effectiveness of
forestry best management practices for water
quality; and developing a biomonitoring
database.
new text end

new text begin (h) $250,000 the first year and $250,000
the second year are for developing county
geologic atlases.
new text end

new text begin (i) $325,000 the first year and $325,000 the
second year are for color infrared imagery
and analysis to determine the extent of
permanent vegetation in riparian areas.
new text end

Sec. 7. new text begin BOARD OF WATER AND SOIL RESOURCES new text end

new text begin $ new text end

new text begin 48,134,000 new text end

new text begin $ new text end

new text begin 48,134,000 new text end

new text begin (a) $6,000,000 the first year and $6,000,000
the second year are for grants to local
government units organized for the
management of water in a watershed or
subwatershed that have multiyear plans
that will result in a significant reduction in
water pollution in a selected subwatershed.
The grants may be used for establishment
of riparian buffers; practices to store
water for natural treatment and infiltration,
including rain gardens; capturing storm
water for reuse; stream bank, shoreland, and
ravine stabilization; enforcement activities;
and implementation of best management
practices for feedlots within riparian areas
and other practices demonstrated to be
most effective in protecting, enhancing, and
restoring water quality in lakes, rivers, and
streams and protecting groundwater from
degradation. Grant recipients must identify
a nonstate match and may use other legacy
funds to supplement projects funded under
this paragraph. Grants awarded under this
paragraph are available for four years and
priority must be given to the best designed
plans each year.
new text end

new text begin (b) $12,250,000 the first year and
$12,250,000 the second year are for grants
to protect and restore surface water and
drinking water; to keep water on the land; to
protect, enhance, and restore water quality
in lakes, rivers, and streams; and to protect
groundwater and drinking water, including
feedlot water quality and subsurface sewage
treatment system projects and stream bank,
stream channel, shoreline restoration,
and ravine stabilization projects. The
projects must use practices demonstrated
to be effective, be of long-lasting public
benefit, include a match, and be consistent
with total maximum daily load (TMDL)
implementation plans, watershed restoration
and protection strategies (WRAPS), or local
water management plans or their equivalents.
new text end

new text begin (c) $6,000,000 the first year and $6,000,000
the second year are for targeted local
resource protection and enhancement grants
and statewide program enhancements for
technical assistance, citizen and community
outreach, and training and certification, as
well as projects, practices, and programs that
supplement or otherwise exceed current state
standards for protection, enhancement, and
restoration of water quality in lakes, rivers,
and streams or that protect groundwater from
degradation, including compliance.
new text end

new text begin (d) $950,000 the first year and $950,000
the second year are to provide state
oversight and accountability, evaluate
results, provide implementation tools, and
measure the value of conservation program
implementation by local governments,
including submission to the legislature by
March 1 each even-numbered year a biennial
report prepared by the board, in consultation
with the commissioners of natural resources,
health, agriculture, and the Pollution Control
Agency, detailing the recipients, the projects
funded under this section, and the amount of
pollution reduced.
new text end

new text begin (e) $1,000,000 the first year and $1,000,000
the second year are for grants to local units
of government to enhance compliance
with Minnesota Statutes, sections 103F.401
to 103F.455, and Minnesota Rules, part
6120.3300, subpart 7, including enforcement
efforts.
new text end

new text begin (f) $6,000,000 the first year and $6,000,000
the second year are to restore or preserve
permanent conservation on riparian buffers
adjacent to lakes, rivers, streams, and
tributaries, to keep water on the land in order
to decrease sediment, pollutant, and nutrient
transport; reduce hydrologic impacts to
surface waters; and increase infiltration for
groundwater recharge. This appropriation
may be used for restoration of riparian
buffers permanently protected by easements
purchased with this appropriation or contracts
to achieve permanent protection for riparian
buffers or stream bank restorations when the
riparian buffers have been restored. Up to
$344,000 is for deposit in a monitoring and
enforcement account.
new text end

new text begin (g) $1,750,000 the first year and $1,750,000
the second year are for permanent
conservation easements on wellhead
protection areas under Minnesota Statutes,
section 103F.515, subdivision 2, paragraph
(d), or for grants to local units of government
for fee title acquisition to permanently
protect groundwater supply sources on
wellhead protection areas or for otherwise
assuring long-term protection of groundwater
supply sources as described under alternative
management tools in the Department
of Agriculture's Nitrogen Fertilizer
Management Plan, including low nitrogen
cropping systems or implementing nitrogen
fertilizer best management practices. Priority
must be placed on land that is located where
the vulnerability of the drinking water supply
is designated as high or very high by the
commissioner of health and where drinking
water protection plans have identified
specific activities that will achieve long-term
protection. Up to $52,500 is for deposit in a
monitoring and enforcement account.
new text end

new text begin (h) $750,000 the first year and $750,000
the second year are for community partner
grants to local units of government for:
(1) structural or vegetative management
practices that reduce storm water runoff
from developed or disturbed lands to reduce
the movement of sediment, nutrients, and
pollutants for restoration, protection, or
enhancement of water quality in lakes, rivers,
and streams and to protect groundwater
and drinking water; and (2) installation
of proven and effective water retention
practices including, but not limited to, rain
gardens and other vegetated infiltration
basins and sediment control basins in order
to keep water on the land. The projects must
be of long-lasting public benefit, include a
local match, and be consistent with TMDL
implementation plans, watershed restoration
and protection strategies (WRAPS), or local
water management plans or their equivalents.
Local government unit costs may be used as
a match.
new text end

new text begin (i) $84,000 the first year and $84,000 the
second year are for a technical evaluation
panel to conduct ten restoration evaluations
under Minnesota Statutes, section 114D.50,
subdivision 6.
new text end

new text begin (j) $2,100,000 the first year and $2,100,000
the second year are for assistance, oversight,
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 (k) $750,000 the first year and $750,000
the second year are for technical assistance
and grants for the conservation drainage
program in consultation with the Drainage
Work Group, coordinated under Minnesota
Statutes, section 103B.101, subdivision
13, that includes projects to improve
multipurpose water management under
Minnesota Statutes, section 103E.015.
new text end

new text begin (l) $9,000,000 the first year and $9,000,000
the second year are to purchase and restore
permanent conservation sites via easements
or contracts to treat and store water on the
land for water quality improvement purposes.
This work must be done in cooperation with
the United States Department of Agriculture
with a first priority use to accomplish
a conservation reserve enhancement
program, or equivalent, in the state. Up to
$1,285,000 is for deposit in a monitoring and
enforcement account.
new text end

new text begin (m) $1,000,000 the first year and $1,000,000
the second year are to purchase permanent
conservation easements to protect lands
adjacent to public waters with good water
quality but threatened with degradation. Up
to $190,000 is for deposit in a monitoring
and enforcement account.
new text end

new text begin (n) $500,000 the first year and $500,000
the second year are for a program to
systematically collect data and produce
county, watershed, and statewide estimates
of soil erosion caused by water and wind
along with tracking adoption of conservation
measures to address erosion.
new text end

new text begin (o) The board shall contract for delivery
of services with Conservation Corps
Minnesota for restoration, maintenance, and
other activities under this section for up to
$500,000 the first year and up to $500,000
the second year.
new text end

new text begin (p) The board may shift grant or cost-share
funds in this section and may adjust the
technical and administrative assistance
portion of the funds to leverage federal or
other nonstate funds or to address oversight
responsibilities or high-priority needs
identified in local water management plans.
new text end

new text begin (q) The board shall require grantees to
specify the outcomes that will be achieved
by the grants prior to any grant awards.
new text end

new text begin (r) The appropriations in this section are
available until June 30, 2020. Returned grant
funds are available until expended and shall
be regranted consistent with the purposes of
this section.
new text end

Sec. 8. new text begin DEPARTMENT OF HEALTH new text end

new text begin $ new text end

new text begin 4,805,000 new text end

new text begin $ new text end

new text begin 4,605,000 new text end

new text begin (a) $1,250,000 the first year and $1,250,000
the second year are for addressing public
health concerns related to contaminants
found in Minnesota drinking water for which
no health-based drinking water standards
exist, including accelerating the development
of health risk limits and improving the
capacity of the department's laboratory to
analyze unregulated contaminants.
new text end

new text begin (b) $1,900,000 the first year and $1,900,000
the second year are for protection of drinking
water sources.
new text end

new text begin (c) $275,000 the first year and $275,000 the
second year are for cost-share assistance to
public and private well owners for up to 50
percent of the cost of sealing unused wells.
new text end

new text begin (d) $450,000 the first year and $450,000
the second year are to develop and deliver
groundwater restoration and protection
strategies for use on a watershed scale for use
in local water planning efforts and to provide
resources to local governments for drinking
water source protection activities.
new text end

new text begin (e) $375,000 the first year and $375,000 the
second year are for studying the occurrence
and magnitude of contaminants in private
wells and developing guidance to ensure
that new well placement minimizes the
potential for risks, in cooperation with the
commissioner of agriculture.
new text end

new text begin (f) $105,000 the first year and $105,000 the
second year are for monitoring recreational
beaches on Lake Superior for pollutants that
may pose a public health risk and mitigating
sources of bacterial contamination that are
identified.
new text end

new text begin (g) $275,000 the first year and $75,000
the second year are for development
and implementation of a groundwater
virus monitoring plan, including an
epidemiological study to determine the
association between groundwater virus
concentration and community illness rates.
new text end

new text begin (h) $175,000 the first year and $175,000 the
second year are to prepare a comprehensive
study of and recommendations for regulatory
and nonregulatory approaches to water reuse
for use in the development of state policy for
water reuse in Minnesota.
new text end

new text begin (i) Unless otherwise specified, the
appropriations in this section are available
until June 30, 2019.
new text end

Sec. 9. new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end

new text begin 1,500,000 new text end

new text begin $ new text end

new text begin 1,500,000 new text end

new text begin (a) $1,000,000 the first year and $1,000,000
the second year are to implement projects
that address emerging drinking water supply
threats, provide cost-effective regional
solutions, leverage interjurisdictional
coordination, support local implementation
of water supply reliability projects, and
prevent degradation of groundwater
resources in the metropolitan area. These
projects will provide to communities:
new text end

new text begin (1) potential solutions to leverage regional
water use through utilization of surface water,
storm water, wastewater, and groundwater;
new text end

new text begin (2) an analysis of infrastructure requirements
for different alternatives;
new text end

new text begin (3) development of planning level cost
estimates, including capital cost and
operation cost;
new text end

new text begin (4) identification of funding mechanisms
and an equitable cost-sharing structure
for regionally beneficial water supply
development projects; and
new text end

new text begin (5) development of subregional groundwater
models.
new text end

new text begin (b) $500,000 the first year and $500,000
the second year are for the water demand
reduction grant program to encourage
implementation of water demand reduction
measures by municipalities in the
metropolitan area to ensure the reliability and
protection of drinking water supplies.
new text end

Sec. 10.

Laws 2013, chapter 137, article 2, section 6, is amended to read:

Sec. 6. DEPARTMENT OF NATURAL RESOURCES

$

12,635,000

$

9,450,000

(a) $2,000,000 the first year and $2,000,000
the second year are for stream flow
monitoring, including the installation of
additional monitoring gauges, and monitoring
necessary to determine the relationship
between stream flow and groundwater.

(b) $1,300,000 the first year and $1,300,000
the second year are for lake Index of
Biological Integrity (IBI) assessments.

(c) $135,000 the first year and $135,000
the second year are for assessing mercury
deleted text begin contamination deleted text end new text begin and other contaminants new text end of
fish, including monitoring to track the status
of waters impaired by mercury and mercury
reduction efforts over time.

(d) $1,850,000 the first year and $1,850,000
the second year are for developing targeted,
science-based watershed restoration and
protection strategies, including regional
technical assistance for TMDL plans and
development of a watershed assessment tool,
in cooperation with the commissioner of the
Pollution Control Agency. By January 15,
2016, the commissioner shall submit a report
to the chairs and ranking minority members
of the senate and house of representatives
committees and divisions with jurisdiction
over environment and natural resources
policy and finance providing the outcomes
to lakes, rivers, streams, and groundwater
achieved with this appropriation and
recommendations.

(e) $1,375,000 the first year and $1,375,000
the second year are for water supply planning,
aquifer protection, and monitoring activities.

(f) $1,000,000 the first year and $1,000,000
the second year are for technical assistance
to support local implementation of nonpoint
source restoration and protection activities,
including water quality protection in forested
watersheds.

(g) $675,000 the first year and $675,000
the second year are for applied research
and tools, including watershed hydrologic
modeling; maintaining and updating spatial
data for watershed boundaries, streams, and
water bodies and integrating high-resolution
digital elevation data; assessing effectiveness
of forestry best management practices for
water quality; and developing an ecological
monitoring database.

(h) $615,000 the first year and $615,000
the second year are for developing county
geologic atlases.

(i) $85,000 the first year is to develop design
standards and best management practices
for public water access sites to maintain and
improve water quality by avoiding shoreline
erosion and runoff.

(j) $3,000,000 the first year is for beginning
to develop and designate groundwater
management areas under Minnesota Statutes,
section 103G.287, subdivision 4. The
commissioner, in consultation with the
commissioners of the Pollution Control
Agency, health, and agriculture, shall
establish a uniform statewide hydrogeologic
mapping system that will include designated
groundwater management areas. The
mapping system must include wellhead
protection areas, special well construction
areas, groundwater provinces, groundwater
recharge areas, and other designated or
geographical areas related to groundwater.
This mapping system shall be used to
implement all groundwater-related laws
and for reporting and evaluations. This
appropriation is available until June 30, 2017.

(k) $500,000 the first year and $500,000
the second year are for deleted text begin grants deleted text end new text begin a grant
program new text end to new text begin help new text end counties and other local
units of government to adopt and implement
advanced shoreland protection deleted text begin measures deleted text end new text begin
standards new text end . The grants awarded under this
paragraph shall be for up to $100,000 and
must be used to deleted text begin restore and enhance riparian
areas deleted text end new text begin cover the costs of developing and
adopting ordinances with advanced shoreland
protection standards or implementing
advanced shoreland protection standards new text end to
protect, enhance, and restore water quality in new text begin
public water new text end lakes, new text begin public water wetlands,
and public water new text end rivers deleted text begin , deleted text end and streams. Grant
recipients must submit a report to the
commissioner on the outcomes achieved
with the grant. deleted text begin To be eligible for a grant
under this paragraph, a county or other local
unit of government must be adopting or have
adopted an ordinance for the subdivision,
use, redevelopment, and development of
shoreland that has been approved by the
commissioner of natural resources as having
advanced shoreland protection measures. An
ordinance deleted text end new text begin Recipients will be reimbursed for
eligible costs upon adoption of ordinances
and completion of implementation activities
as provided in this paragraph and as
stipulated in the grant agreement. Ordinances
adopted under this grant program new text end must new text begin be
approved by the commissioner and new text end meet or
exceed the following standards:

(1) requires new sewage treatment systems
to be set back at least 100 feet from the
ordinary high water level for recreational
development new text begin lake new text end shorelands and 75 feet for
general development lake shorelands;

(2) requires redevelopment and new
development on shoreland to have at least
a 50-foot vegetative buffer. An access path
and recreational use area may be allowed;

(3) requires mitigation when any variance to
standards designed to protect new text begin public water new text end
lakes, new text begin public water wetlands, and public
water new text end rivers deleted text begin , deleted text end and streams is granted;

(4) requires best management practices to be
used to control storm water and sediment as
part of a land alteration;

(5) includes other deleted text begin criteria deleted text end new text begin standards new text end
developed by the commissioner; and

(6) has been adopted by July 1, deleted text begin 2015 deleted text end new text begin 2017 new text end .

An ordinance that does not exceed all the
standards in clauses (1) to (5) is considered
to meet the requirement if the commissioner
determines that the ordinance provides
significantly greater protection for both new text begin
public new text end waters and deleted text begin shoreland deleted text end new text begin shorelands new text end than
those standards. new text begin Implementation activities
funded under this grant program must meet
the advanced shoreland protection standards
and criteria described above. Grants awarded
under this program may not be used to
reimburse ordinance adoption or shoreland
protection implementation expenses incurred
prior to the date of a fully executed grant
agreement.
new text end

The commissioner of natural resources may
develop additional criteria for the grants
awarded under this deleted text begin paragraph deleted text end new text begin program new text end . In
developing the criteria, the commissioner
shall consider the proposed changes to
the department's shoreland rules discussed
during the rulemaking process authorized
under Laws 2007, chapter 57, article 1,
section 4, subdivision 3.

This appropriation is available until spent.

(l) $100,000 the first year is for the
commissioner of natural resources for
rulemaking under Minnesota Statutes,
section 116G.15, subdivision 7.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11. new text begin CANCELLATION OF PRIOR APPROPRIATIONS.
new text end

new text begin (a) The unspent balance of the appropriation to the Public Facilities Authority for the
clean water legacy phosphorus reduction grant program under Minnesota Statutes, section
446A.074, in Laws 2009, chapter 172, article 2, section 3, paragraph (b), is canceled.
new text end

new text begin (b) The unspent balance of the appropriation to the Public Facilities Authority for
the clean water legacy phosphorus reduction grant program under Minnesota Statutes,
section 446A.074, in Laws 2011, First Special Session chapter 6, article 2, section 4,
paragraph (b), is canceled.
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