SF 2438

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/18/2023 09:55am

A bill for an act
relating to state government; appropriating money for environment and natural
resources; modifying environment and natural resources provisions; modifying
commissioner's duties; modifying provisions for water and soil conservation;
prohibiting lead and cadmium in certain consumer products; modifying farmed
Cervidae provisions; modifying report requirements; requiring reports; requiring
rulemaking; amending Minnesota Statutes 2022, sections 35.155, subdivisions 1,
4, 10, 11, 12, by adding subdivisions; 35.156, by adding subdivisions; 84.415,
subdivision 3; 84.66, subdivision 7; 86B.313, subdivision 4; 97A.465, subdivisions
3, 8; 97A.475, subdivision 41; 97C.605, subdivisions 1, 2c, 3; 97C.611; 103B.101,
subdivisions 9, 16, by adding a subdivision; 103B.103; 103C.501, subdivisions 1,
4, 5, 6; 103D.605, subdivision 5; 103F.505; 103F.511, by adding a subdivision;
115.01, by adding subdivisions; 115.03, subdivision 1; 115A.1415; 115A.49;
115A.51; 115A.54, subdivisions 1, 2, 2a; 115A.565, subdivisions 1, 3; 116.07,
subdivision 6; 171.07, by adding a subdivision; 297A.94; 325F.072, subdivisions
1, 3, by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapters 86B; 103B; 103F; 103G; 116; 325E; repealing Minnesota Statutes 2022,
sections 35.155, subdivision 14; 86B.101; 86B.305; 86B.313, subdivisions 2, 3;
97C.605, subdivisions 2, 2a, 2b, 5; 103C.501, subdivisions 2, 3; 115.44, subdivision
9; 116.011; 325E.389; 325E.3891; Minnesota Rules, parts 6256.0500, subparts 2,
2a, 2b, 4, 5, 6, 7, 8; 8400.0500; 8400.0550; 8400.0600, subparts 4, 5; 8400.0900,
subparts 1, 2, 4, 5; 8400.1650; 8400.1700; 8400.1750; 8400.1800; 8400.1900.

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

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

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

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
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 2024 new text end		new text begin 2025 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 310,237,000 new text end

new text begin $ new text end

new text begin 258,986,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 185,420,000 new text end	new text begin 130,816,000 new text end
new text begin State Government Special Revenue new text end	new text begin 85,000 new text end	new text begin 90,000 new text end
new text begin Environmental new text end	new text begin 105,187,000 new text end	new text begin 107,833,000 new text end
new text begin Remediation new text end	new text begin 19,545,000 new text end	new text begin 20,247,000 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 The commissioner must present the agency's
biennial budget for fiscal years 2026 and 2027
to the legislature in a transparent way by
agency division, including the proposed
budget bill and presentations of the budget to
committees and divisions with jurisdiction
over the agency's budget.
new text end

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

new text begin 108,726,000 new text end

new text begin 106,910,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 89,353,000 new text end	new text begin 87,472,000 new text end
new text begin Environmental new text end	new text begin 19,174,000 new text end	new text begin 19,233,000 new text end
new text begin Remediation new text end	new text begin 199,000 new text end	new text begin 205,000 new text end

new text begin (a) $122,000 the first year and $125,000 the
second year are from the general fund for:
new text end

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

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

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

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

new text begin (b) $216,000 the first year and $219,000 the
second year are from the environmental fund
for a monitoring program under Minnesota
Statutes, section 116.454.
new text end

new text begin (c) $132,000 the first year and $137,000 the
second year are for monitoring water quality
and operating assistance programs.
new text end

new text begin (d) $390,000 the first year and $399,000 the
second year are from the environmental fund
for monitoring ambient air for hazardous
pollutants.
new text end

new text begin (e) $106,000 the first year and $109,000 the
second year are from the environmental fund
for duties related to harmful chemicals in
children's products under Minnesota Statutes,
sections 116.9401 to 116.9407. Of this
amount, $68,000 the first year and $70,000
the second year are transferred to the
commissioner of health.
new text end

new text begin (f) $128,000 the first year and $132,000 the
second year are from the environmental fund
for registering wastewater laboratories.
new text end

new text begin (g) $1,492,000 the first year and $1,519,000
the second year are from the environmental
fund to continue perfluorochemical
biomonitoring in eastern metropolitan
communities, as recommended by the
Environmental Health Tracking and
Biomonitoring Advisory Panel, and to address
other environmental health risks, including air
quality. The communities must include Hmong
and other immigrant farming communities.
Of this amount, up to $1,226,000 the first year
and $1,248,000 the second year are for transfer
to the commissioner of health.
new text end

new text begin (h) $61,000 the first year and $62,000 the
second year are from the environmental fund
for the listing procedures for impaired waters
required under this act.
new text end

new text begin (i) $72,000 the first year and $74,000 the
second year are from the remediation fund for
the leaking underground storage tank program
to investigate, clean up, and prevent future
releases from underground petroleum storage
tanks and for the petroleum remediation
program for vapor assessment and
remediation. These same annual amounts are
transferred from the petroleum tank fund to
the remediation fund.
new text end

new text begin (j) $500,000 the first year is to facilitate the
collaboration and modeling of greenhouse gas
impacts, costs, and benefits of strategies to
reduce statewide greenhouse gas emissions.
This is a onetime appropriation.
new text end

new text begin (k) $87,206,000 the first year and $87,210,000
the second year are to establish and implement
a local government water infrastructure grant
program for local governmental units and
Tribal governments. Of this amount,
$81,305,000 the first year and $86,380,000
the second year are for grants to support
communities in planning and implementing
projects that will allow for adaptation for a
changing climate; $5,000,000 the first year is
for a grant to St. Louis County to plan, design,
and construct one or more facilities, structures,
or other solutions to protect Lake Superior and
other waters in the Great Lakes watershed
from PFAS contamination from landfill
runoff; and $75,000 the first year is for a grant
to the city of Fergus Falls for a two-year water
improvement pilot project to address water
quality concerns at Lake Alice. The grant may
be used to contract for water quality
improvement services, testing, necessary
infrastructure, training, and maintenance. This
is a onetime appropriation and is available
until June 30, 2027.
new text end

new text begin (l) $715,000 the first year and $200,000 the
second year are from the environmental fund
to implement Minnesota Statutes, section
116.065, relating to cumulative impacts. The
base is $200,000 in fiscal year 2026 and
beyond.
new text end

new text begin (m) $907,000 the first year and $955,000 the
second year are from the environmental fund
to develop and implement a program related
to emerging issues, including Minnesota's
PFAS Blueprint.
new text end

new text begin (n) $1,320,000 the first year and $1,320,000
the second year are from the environmental
fund to support improved management of data
collected by the agency and its partners and
regulated parties.
new text end

new text begin (o) $393,000 the first year is from the general
fund to develop and implement the protocol
for the state response to fish kills under
Minnesota Statutes, section 103G.2165. The
commissioner may transfer money under this
paragraph to other agencies participating in
developing the protocol. This is a onetime
appropriation.
new text end

new text begin (p) $500,000 the first year is from the general
fund for a report on requirements and options
for eliminating or reducing PFAS in firefighter
turnout gear. The report must include
recommendations for future disposal of turnout
gear and protocols for PFAS biomonitoring
in firefighters. This is a onetime appropriation.
new text end

new text begin (q) $500,000 the first year is from the general
fund to develop protocols to be used by
agencies and departments for sampling and
testing groundwater, surface water, public
drinking water, and private wells for
microplastics and nanoplastics and to begin
implementation. The commissioner of the
Pollution Control Agency may transfer money
appropriated under this paragraph to the
commissioners of agriculture, natural
resources, and health to implement the
protocols developed under this paragraph. This
is a onetime appropriation and is available
until June 30, 2025.
new text end

new text begin (r) $1,163,000 the first year and $1,115,000
the second year are from the environmental
fund for implementing Minnesota Statutes,
section 116.943, relating to products
containing PFAS.
new text end

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

new text begin 41,953,000 new text end

new text begin 22,908,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 23,664,000 new text end	new text begin 3,964,000 new text end
new text begin Environmental new text end	new text begin 16,568,000 new text end	new text begin 17,171,000 new text end
new text begin Remediation new text end	new text begin 1,721,000 new text end	new text begin 1,773,000 new text end

new text begin (a) $1,621,000 the first year and $1,670,000
the second year are from the remediation fund
for the leaking underground storage tank
program to investigate, clean up, and prevent
future releases from underground petroleum
storage tanks and for the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.
new text end

new text begin (b) $448,000 the first year and $457,000 the
second year are from the environmental fund
to further evaluate the use and reduction of
trichloroethylene around Minnesota and
identify its potential health effects on
communities. Of this amount, $145,000 the
first year and $149,000 the second year are
transferred to the commissioner of health.
new text end

new text begin (c) $4,000 the first year and $4,000 the second
year are from the environmental fund to
purchase air emissions monitoring equipment
to support compliance and enforcement
activities.
new text end

new text begin (d) $3,200,000 the first year and $3,200,000
the second year are to provide air emission
reduction grants. Of this amount, $2,800,000
each year is for grants to reduce air pollution
at regulated facilities within environmental
justice areas. This appropriation is available
until June 30, 2027, and is a onetime
appropriation.
new text end

new text begin (e) $40,000 the first year and $40,000 the
second year are for air compliance equipment
maintenance.
new text end

new text begin (f) $19,100,000 the first year and $300,000
the second year are to support research on
innovative technologies to treat
difficult-to-manage pollutants and for
implementation grants based on this research
at taconite facilities. Of this amount the first
year, $2,100,000 is for research and
$16,700,000 is for grants. This appropriation
is available until June 30, 2027. This is a
onetime appropriation.
new text end

new text begin (g) $900,000 the first year is from the general
fund for a grant to the Board of Regents of the
University of Minnesota for academic and
applied research through the MnDRIVE
program at the Natural Resources Research
Institute to develop and demonstrate
technologies that enhance the long-term health
and management of Minnesota's water and
mineral resources. This appropriation is for
continued characterization of Minnesota's iron
resources and development of next-generation
process technologies for iron products and
reduced effluent. This research must be
conducted in consultation with the Mineral
Coordinating Committee established under
Minnesota Statutes, section 93.0015. This is
a onetime appropriation.
new text end

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

new text begin 10,555,000 new text end

new text begin 11,203,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 641,000 new text end	new text begin 647,000 new text end
new text begin State Government Special Revenue new text end	new text begin 85,000 new text end	new text begin 90,000 new text end
new text begin Environmental new text end	new text begin 9,829,000 new text end	new text begin 10,466,000 new text end

new text begin (a) $217,000 the first year and $223,000 the
second year are for:
new text end

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

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

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

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

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

new text begin (c) $1,240,000 the first year and $1,338,000
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, $350,000 each year is for
assistance to counties through grants for SSTS
program administration. A county receiving
a grant from this appropriation must submit
the results achieved with the grant to the
commissioner as part of its annual SSTS
report. Any unexpended balance in the first
year does not cancel but is available in the
second year.
new text end

new text begin (d) $944,000 the first year and $1,044,000 the
second year are from the environmental fund
to address the need for continued increased
activity in new technology review, technical
assistance for local governments, and
enforcement under Minnesota Statutes,
sections 115.55 to 115.58, and to complete the
requirements of Laws 2003, chapter 128,
article 1, section 165.
new text end

new text begin (e) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2025, as
grants or contracts for subsurface sewage
treatment systems, surface water and
groundwater assessments, storm water, and
water-quality protection in this subdivision
are available until June 30, 2028.
new text end

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

new text begin 31,218,000 new text end

new text begin 29,923,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 20,750,000 new text end	new text begin 19,359,000 new text end
new text begin Environmental new text end	new text begin 7,851,000 new text end	new text begin 8,073,000 new text end
new text begin Remediation new text end	new text begin 2,617,000 new text end	new text begin 2,491,000 new text end

new text begin (a) $1,154,000 the first year and $1,124,000
the second year are from the remediation fund
for the leaking underground storage tank
program to investigate, clean up, and prevent
future releases from underground petroleum
storage tanks and for the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.
new text end

new text begin (b) $3,000,000 the first year and $3,109,000
the second year are to support agency
information technology services provided at
the enterprise and agency level.
new text end

new text begin (c) $906,000 the first year and $919,000 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 (d) $2,000,000 the first year and $2,000,000
the second year are to provide technical
assistance to Tribal governments. This is a
onetime appropriation.
new text end

new text begin (e) $15,750,000 the first year and $14,250,000
the second year are to support modernizing
and automating agency environmental
programs and data systems and how the
agency provides services to regulated parties,
partners, and the public. This appropriation is
available until June 30, 2027. This is a onetime
appropriation.
new text end

new text begin (f) $1,100,000 the first year and $1,100,000
the second year are from the environmental
fund for workforce innovation.
new text end

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

new text begin 40,242,000 new text end

new text begin 16,022,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 25,000,000 new text end	new text begin -0- new text end
new text begin Environmental new text end	new text begin 607,000 new text end	new text begin 628,000 new text end
new text begin Remediation new text end	new text begin 14,635,000 new text end	new text begin 15,394,000 new text end

new text begin (a) All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise appropriated
is appropriated to the commissioners of the
Pollution Control Agency and agriculture for
purposes of Minnesota Statutes, section
115B.20, subdivision 2, clauses (1), (2), (3),
(6), and (7). At the beginning of each fiscal
year, the two commissioners must jointly
submit to the commissioner of management
and budget an annual spending plan that
maximizes resource use and appropriately
allocates the money between the two
departments. This appropriation is available
until June 30, 2025.
new text end

new text begin (b) $415,000 the first year and $426,000 the
second year are from the environmental fund
to manage contaminated sediment projects at
multiple sites identified in the St. Louis River
remedial action plan to restore water quality
in the St. Louis River Area of Concern.
new text end

new text begin (c) $4,476,000 the first year and $4,622,000
the second year are from the remediation fund
for the leaking underground storage tank
program to investigate, clean up, and prevent
future releases from underground petroleum
storage tanks and for the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.
new text end

new text begin (d) $308,000 the first year and $316,000 the
second year are from the remediation fund for
transfer to the commissioner of health for
private water-supply monitoring and health
assessment costs in areas contaminated by
unpermitted mixed municipal solid waste
disposal facilities and drinking water
advisories and public information activities
for areas contaminated by hazardous releases.
new text end

new text begin (e) $25,000,000 the first year is for grants to
support planning, designing, and preparing for
solutions for public water treatment systems
contaminated with PFAS. The grants are to
reimburse local public water supply operators
for source investigations, sampling and
treating private drinking water wells, and
evaluating solutions for treating private
drinking water wells. This appropriation is
available until June 30, 2027, and is a onetime
appropriation.
new text end

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

new text begin 64,500,000 new text end

new text begin 58,904,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 21,047,000 new text end	new text begin 14,850,000 new text end
new text begin Environmental new text end	new text begin 43,453,000 new text end	new text begin 44,054,000 new text end

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

new text begin (b) $1,000,000 the first year and $1,000,000
the second year are for competitive recycling
grants under Minnesota Statutes, section
115A.565. Of this amount, $300,000 the first
year and $300,000 the second year are from
the general fund, and $700,000 the first year
and $700,000 the second year are from the
environmental fund. This appropriation is
available until June 30, 2027.
new text end

new text begin (c) $694,000 the first year and $694,000 the
second year are from the environmental fund
for emission-reduction activities and grants to
small businesses and other
nonpoint-emission-reduction efforts. Of this
amount, $100,000 the first year and $100,000
the second year are to continue work with
Clean Air Minnesota, and the commissioner
may enter into an agreement with
Environmental Initiative to support this effort.
new text end

new text begin (d) $20,450,000 the first year and $20,450,000
the second year are from the environmental
fund for SCORE block grants to counties.
new text end

new text begin (e) $119,000 the first year and $119,000 the
second year are from the environmental fund
for environmental assistance grants or loans
under Minnesota Statutes, section 115A.0716.
new text end

new text begin (f) $400,000 the first year and $400,000 the
second year are from the environmental fund
for grants to develop and expand recycling
markets for Minnesota businesses.
new text end

new text begin (g) $767,000 the first year and $770,000 the
second year are from the environmental fund
for reducing and diverting food waste,
redirecting edible food for consumption, and
removing barriers to collecting and recovering
organic waste. Of this amount, $500,000 each
year is for grants to increase food rescue and
waste prevention. This appropriation is
available until June 30, 2027.
new text end

new text begin (h) $2,797,000 the first year and $2,811,000
the second year are from the environmental
fund for the purposes of Minnesota Statutes,
section 473.844.
new text end

new text begin (i) $318,000 the first year and $324,000 the
second year are from the environmental fund
to address chemicals in products, including to
implement and enforce flame retardant
provisions under Minnesota Statutes, section
325F.071, and perfluoroalkyl and
polyfluoroalkyl substances in food packaging
provisions under Minnesota Statutes, section
325F.075. Of this amount, $78,000 the first
year and $80,000 the second year are
transferred to the commissioner of health.
new text end

new text begin (j) $180,000 the first year and $140,000 the
second year are for quantifying climate-related
impacts from projects for environmental
review. This is a onetime appropriation.
new text end

new text begin (k) $1,790,000 the first year and $70,000 the
second year are for accelerating pollution
prevention at small businesses. Of this amount,
$1,720,000 the first year is for zero-interest
loans to phase out high-polluting equipment,
products, and processes and replace with new
options. This appropriation is available until
June 30, 2027. This is a onetime appropriation.
new text end

new text begin (l) $190,000 the first year and $190,000 the
second year are to support the Greenstep Cities
program. This is a onetime appropriation.
new text end

new text begin (m) $420,000 the first year is to complete a
study on the viability of recycling solar energy
equipment. This is a onetime appropriation.
new text end

new text begin (n) $17,000 the first year is for rulemaking for
the capital assistance program. This is a
onetime appropriation.
new text end

new text begin (o) $650,000 the first year and $650,000 the
second year are from the environmental fund
for Minnesota GreenCorps investment.
new text end

new text begin (p) $4,210,000 the first year and $210,000 the
second year are for PFAS reduction grants.
Of this amount, $4,000,000 the first year is
for grants to industry and public entities to
identify sources of PFAS entering facilities
and to develop pollution prevention and
reduction initiatives to reduce PFAS entering
facilities, prevent releases, and monitor the
effectiveness of these projects. This is a
ontetime appropriation and is available until
June 30, 2027.
new text end

new text begin (q) $13,940,000 the first year and $13,940,000
the second year are for a waste prevention and
reduction grants and loans program. This is a
onetime appropriation and is available until
June 30, 2027.
new text end

new text begin (r) Any unencumbered grant and loan balances
in the first year do not cancel but are available
for grants and loans in the second year.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2025, as contracts or grants
for environmental assistance awarded under
Minnesota Statutes, section 115A.0716;
technical and research assistance under
Minnesota Statutes, section 115A.152;
technical assistance under Minnesota Statutes,
section 115A.52; and pollution prevention
assistance under Minnesota Statutes, section
115D.04, are available until June 30, 2027.
new text end

new text begin (s) $150,000 the second year is from the
environmental fund for the lead and cadmium
in consumer products prohibition under
Minnesota Statutes, section 325E.3892.
new text end

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

new text begin 10,968,000 new text end

new text begin 11,477,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 3,111,000 new text end	new text begin 3,111,000 new text end
new text begin Environmental new text end	new text begin 7,484,000 new text end	new text begin 7,982,000 new text end
new text begin Remediation new text end	new text begin 373,000 new text end	new text begin 384,000 new text end

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

new text begin (b) $236,000 the first year and $241,000 the
second year are from the environmental fund
for the costs of implementing general
operating permits for feedlots over 1,000
animal units.
new text end

new text begin (c) $125,000 the first year and $129,000 the
second year are from the remediation fund for
the leaking underground storage tank program
to investigate, clean up, and prevent future
releases from underground petroleum storage
tanks and for the petroleum remediation
program for vapor assessment and
remediation. These same annual amounts are
transferred from the petroleum tank fund to
the remediation fund.
new text end

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

new text begin 2,075,000 new text end

new text begin 1,639,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 1,854,000 new text end	new text begin 1,413,000 new text end
new text begin Environmental new text end	new text begin 221,000 new text end	new text begin 226,000 new text end

new text begin $620,000 the first year and $140,000 the
second year are to develop a Minnesota-based
greenhouse gas sector and source-specific
guidance, including climate information, a
greenhouse gas calculator, and technical
assistance for users. This is a onetime
appropriation.
new text end

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

new text begin (a) The commissioner must transfer up to
$24,000,000 the first year and each fiscal year
thereafter from the environmental fund to the
remediation fund for purposes of the
remediation fund under Minnesota Statutes,
section 116.155, subdivision 2.
new text end

new text begin (b) By June 30, 2024, the commissioner of
management and budget must transfer
$12,000,000 from the general fund to the
metropolitan landfill contingency action trust
account in the remediation fund.
new text end

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

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

new text begin $ new text end

new text begin 517,592,000 new text end

new text begin $ new text end

new text begin 389,535,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 274,808,000 new text end	new text begin 149,840,000 new text end
new text begin Natural Resources new text end	new text begin 115,396,000 new text end	new text begin 114,516,000 new text end
new text begin Game and Fish new text end	new text begin 126,480,000 new text end	new text begin 124,360,000 new text end
new text begin Remediation new text end	new text begin 117,000 new text end	new text begin 117,000 new text end
new text begin Permanent School new text end	new text begin 791,000 new text end	new text begin 702,000 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 14,983,000 new text end

new text begin 9,328,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 10,083,000 new text end	new text begin 4,428,000 new text end
new text begin Natural Resources new text end	new text begin 4,338,000 new text end	new text begin 4,338,000 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 218,000 new text end	new text begin 218,000 new text end

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

new text begin (b) $3,383,000 the first year and $3,383,000
the second year are from the minerals
management account in the natural resources
fund for use as provided under Minnesota
Statutes, section 93.2236, paragraph (c), for
mineral resource management, projects to
enhance future mineral income, and projects
to promote new mineral-resource
opportunities.
new text end

new text begin (c) $218,000 the first year and $218,000 the
second year are transferred from the forest
suspense account to the permanent school fund
and are appropriated from the permanent
school fund to secure maximum long-term
economic return from the school trust lands
consistent with fiduciary responsibilities and
sound natural resources conservation and
management principles.
new text end

new text begin (d) $338,000 the first year and $338,000 the
second year are from the water management
account in the natural resources fund for
mining hydrology.
new text end

new text begin (e) $1,052,000 the first year and $242,000 the
second year are for modernizing utility
licensing for state lands and public waters.
The first year appropriation is available
through fiscal year 2026. This is a onetime
appropriation.
new text end

new text begin (f) $5,388,000 the first year is for costs,
including land acquisition, associated with the
transfer of state-owned land within the
boundaries of Upper Sioux Agency State Park
to the Upper Sioux Community. This is a
onetime appropriation and is available until
June 30, 2027.
new text end

new text begin (g) $1,000,000 in fiscal year 2023 is from the
general fund to address safety concerns at the
drill core library. This is a onetime
appropriation and is available until June 30,
2026.
new text end

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

new text begin 45,315,000 new text end

new text begin 44,413,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 25,949,000 new text end	new text begin 26,258,000 new text end
new text begin Natural Resources new text end	new text begin 12,431,000 new text end	new text begin 12,431,000 new text end
new text begin Game and Fish new text end	new text begin 6,935,000 new text end	new text begin 5,724,000 new text end

new text begin (a) $4,222,000 the first year and $4,222,000
the second year are from the invasive species
account in the natural resources fund and
$2,831,000 the first year and $2,831,000 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 (b) $5,556,000 the first year and $5,556,000
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 (c) $124,000 the first year and $124,000 the
second year are for a grant to the Mississippi
Headwaters Board for up to 50 percent of the
cost of implementing the comprehensive plan
for the upper Mississippi within areas under
the board's jurisdiction.
new text end

new text begin (d) $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 River.
new text end

new text begin (e) $300,000 the first year and $300,000 the
second year are for grants for up to 50 percent
of the cost of implementing the Red River
mediation agreement. The base for fiscal year
2026 and later is $264,000.
new text end

new text begin (f) $2,498,000 the first year and $2,498,000
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 (h), clause (1).
new text end

new text begin (g) $1,150,000 the first year and $1,150,000
the second year are from the nongame wildlife
management account in the natural resources
fund for 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 (h) Notwithstanding Minnesota Statutes,
section 84.943, $28,000 the first year and
$28,000 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 (i) $6,000,000 the first year and $6,000,000
the second year are 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 installing 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
irrigation use;
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 (j) $410,000 the first year and $410,000 the
second year are from the heritage enhancement
account in the game and fish fund and
$500,000 the first year and $500,000 the
second year are from the general fund for
grants to the Minnesota Aquatic Invasive
Species Research Center at the University of
Minnesota to prioritize, support, and develop
research-based solutions that can reduce the
effects of aquatic invasive species in
Minnesota by preventing spread, controlling
populations, and managing ecosystems and to
advance knowledge to inspire action by others.
new text end

new text begin (k) $134,000 the first year and $134,000 the
second year are for increased capacity for
broadband utility licensing for state lands and
public waters. This is a onetime appropriation.
new text end

new text begin (l) $998,000 the first year and $568,000 the
second year are for protecting and restoring
carbon storage in state-administered peatlands.
This is a onetime appropriation and is
available until June 30, 2028.
new text end

new text begin (m) $200,000 the first year is from the general
fund to the Board of Regents of the University
of Minnesota for the University of Minnesota
Water Council to develop a scope of work,
timeline, and budget for a plan to promote and
protect clean water in Minnesota for the next
50 years. The 50-year clean water plan must:
(1) provide a literature-based assessment of
the current status and trends regarding the
quality and quantity of all Minnesota waters,
both surface and subsurface; (2) identify gaps
in the data or understanding and provide
recommended action steps to address gaps;
(3) identify existing and potential future
threats to Minnesota's waters; and (4) propose
a road map of scenarios and policy
recommendations to allow the state to
proactively protect, remediate, and conserve
clean water for human use and biodiversity
for the next 50 years. The scope of work must
outline the steps and resources necessary to
develop the plan, including but not limited to
the data sets that are required and how the
University of Minnesota will obtain access;
the suite of proposed analysis methods; the
roles and responsibilities of project leaders,
key personnel, and stakeholders; the project
timeline with milestones; and a budget with
expected costs for tasks and milestones. By
December 1, 2023, the Board of Regents of
the University of Minnesota must submit the
scope of work to the chairs and ranking
minority members of the house of
representatives and senate committees and
divisions with jurisdiction over environment
and natural resources. This is a onetime
appropriation.
new text end

new text begin (n) $943,000 the first year is from the heritage
enhancement account in the game and fish
fund to examine the effects of neonicotinoid
exposure on the reproduction and survival of
Minnesota's game species, including deer and
prairie chicken. This is a onetime
appropriation and is available until June 30,
2027.
new text end

new text begin (o) $395,000 the first year is to expand
invasive carp surveys and carp removal from
the Mississippi River, measure the efficacy of
invasive carp management practices, and pay
for related staffing costs. This is a onetime
appropriation.
new text end

new text begin (p) $325,000 the first year is for a grant to the
Board of Regents of the University of
Minnesota to study the Mississippi River Lock
and Dam 5 spillway gate to optimize
management to reduce invasive carp passage.
This is a onetime appropriation.
new text end

new text begin (q) $268,000 the first year is from the heritage
enhancement account in the game and fish
fund for native fish conservation and
classification. By August 1, 2023, a written
update on the progress of identifying necessary
protection and conservation measures for
native fish currently defined as rough fish
under Minnesota Statutes, section 97A.015,
subdivision 43, including buffalo, sucker,
sheepshead, bowfin, gar, goldeye, and
bullhead, must be submitted to the chairs and
ranking minority members of the house of
representatives and senate committees and
divisions with jurisdiction over environment
and natural resources. By December 15, 2023,
a written report with recommendations for
statutory and rule changes to provide
necessary protection and conservation
measures and research needs for native fish
currently designated as rough fish must be
submitted to the chairs and ranking minority
members of the house of representatives and
senate committees and divisions with
jurisdiction over environment and natural
resources. The report must include
recommendations for amending Minnesota
Statutes to separately classify fish that are
native to Minnesota and that are currently
designated as rough fish and invasive fish that
are currently designated as rough fish. For the
purposes of this paragraph, native fish include
but are not limited to bowfin (Amia calva),
bigmouth buffalo (Ictiobus cyprinellus),
smallmouth buffalo (Ictiobus bubalus), burbot
(Lota lota), longnose gar (Lepisosteus osseus),
shortnose gar (Lepisosteus platostomus),
goldeye (Hiodon alosoides), mooneye (Hiodon
tergisus), white sucker (Catostomus
commersonii), and invasive fish include but
are not limited to bighead carp
(Hypophthalmichthys nobilis), grass carp
(Ctenopharyngodon idella), and silver carp
(Hypophthalmichthys molitrix). This is a
onetime appropriation.
new text end

new text begin (r) $40,000 the first year is for a grant to the
Stearns Coalition of Lake Associations to
manage aquatic invasive species. The
unencumbered balance of the general fund
appropriation in Laws 2021, First Special
Session chapter 6, article 1, section 3,
subdivision 3, paragraph (a), for the grant to
the Stearns Coalition of Lake Associations,
estimated to be $40,000, is canceled no later
than June 29, 2023.
new text end

new text begin (s) The total general fund base budget for the
ecological and water resources division for
fiscal year 2026 and later is $25,120,000.
new text end

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

new text begin 70,325,000 new text end

new text begin 71,667,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 52,672,000 new text end	new text begin 53,989,000 new text end
new text begin Natural Resources new text end	new text begin 16,161,000 new text end	new text begin 16,161,000 new text end
new text begin Game and Fish new text end	new text begin 1,492,000 new text end	new text begin 1,517,000 new text end

new text begin (a) $7,521,000 the first year and $7,521,000
the second year are for prevention,
presuppression, and suppression costs of
emergency firefighting and other costs
incurred under Minnesota Statutes, section
88.12. The amount necessary to pay for
presuppression and suppression costs during
the biennium is appropriated from the general
fund. By January 15 each year, the
commissioner of natural resources must 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 that
identifies all firefighting costs incurred and
reimbursements received in the prior fiscal
year. These appropriations may not be
transferred. Any reimbursement of firefighting
expenditures made to the commissioner from
any source other than federal mobilizations
must be deposited into the general fund.
new text end

new text begin (b) $15,386,000 the first year and $15,386,000
the second year are from the forest
management investment account in the natural
resources fund for only the purposes specified
in Minnesota Statutes, section 89.039,
subdivision 2.
new text end

new text begin (c) $1,492,000 the first year and $1,517,000
the second year are from the heritage
enhancement account in the game and fish
fund to advance ecological classification
systems (ECS), forest habitat, and invasive
species management.
new text end

new text begin (d) $906,000 the first year and $926,000 the
second year are for the Forest Resources
Council to implement the Sustainable Forest
Resources Act.
new text end

new text begin (e) $1,143,000 the first year and $1,143,000
the second year are for the Next Generation
Core Forestry data system. Of this
appropriation, $868,000 each year is from the
general fund and $275,000 each year is from
the forest management investment account in
the natural resources fund.
new text end

new text begin (f) $500,000 the first year and $500,000 the
second year are from the forest management
investment account in the natural resources
fund for forest road maintenance on state
forest roads.
new text end

new text begin (g) $500,000 the first year and $500,000 the
second year are for forest road maintenance
on county forest roads.
new text end

new text begin (h) $2,086,000 the first year and $2,086,000
the second year are to support forest
management, cost-share assistance, and
inventory on private woodlands. This is a
onetime appropriation.
new text end

new text begin (i) $400,000 the first year and $400,000 the
second year are to accelerate tree seed
collection to support a growing demand for
tree planting on public and private lands. This
is a onetime appropriation.
new text end

new text begin (j) $8,900,000 the first year and $8,900,000
the second year are for grants to local and
Tribal governments and nonprofit
organizations to enhance community forest
ecosystem health and sustainability under
Minnesota Statutes, section 88.82, the
Minnesota ReLeaf program. This
appropriation is available until June 30, 2027.
Money appropriated for grants under this
paragraph may be used to pay reasonable costs
incurred by the commissioner of natural
resources to administer the grants. The base
is $400,000 beginning in fiscal year 2026.
new text end

new text begin (k) $1,500,000 the first year and $1,500,000
the second year are for forest stand
improvement and to meet the reforestation
requirements of Minnesota Statutes, section
89.002, subdivision 2. This is a onetime
appropriation.
new text end

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

new text begin 102,687,000 new text end

new text begin 105,420,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 32,794,000 new text end	new text begin 36,507,000 new text end
new text begin Natural Resources new text end	new text begin 67,593,000 new text end	new text begin 66,613,000 new text end
new text begin Game and Fish new text end	new text begin 2,300,000 new text end	new text begin 2,300,000 new text end

new text begin (a) $8,985,000 the first year and $8,985,000
the second year are from the natural resources
fund for state trail, park, and recreation area
operations. This appropriation is from revenue
deposited in the natural resources fund under
Minnesota Statutes, section 297A.94,
paragraph (h), clause (2).
new text end

new text begin (b) $20,828,000 the first year and $20,828,000
the second year are from the state parks
account in the natural resources fund to
operate and maintain state parks and state
recreation areas.
new text end

new text begin (c) $1,140,000 the first year and $1,140,000
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 parks or trails. This
appropriation is from revenue deposited in the
natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (h),
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 (d) $9,624,000 the first year and $9,624,000
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 (e) $2,435,000 the first year and $2,435,000
the second year are from the natural resources
fund for the off-highway vehicle grants-in-aid
program. Of this amount, $1,960,000 each
year is from the all-terrain vehicle account;
$150,000 each year is from the off-highway
motorcycle account; and $325,000 each year
is from the off-road vehicle 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 (f) $2,250,000 the first year and $2,250,000
the second year are from the state land and
water conservation account in the natural
resources fund for priorities established by the
commissioner for eligible state projects and
administrative and planning activities
consistent with Minnesota Statutes, section
84.0264, and the federal Land and Water
Conservation Fund Act. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

new text begin (g) $250,000 the first year and $250,000 the
second year are for matching grants for local
parks and outdoor recreation areas under
Minnesota Statutes, section 85.019,
subdivision 2.
new text end

new text begin (h) $250,000 the first year and $250,000 the
second year are for matching grants for local
trail connections under Minnesota Statutes,
section 85.019, subdivision 4c.
new text end

new text begin (i) $500,000 the first year and $750,000 the
second year are from the natural resources
fund for parks and trails of regional
significance outside of the seven-county
metropolitan area under Minnesota Statutes,
section 85.535, based on the recommendations
from the Greater Minnesota Regional Parks
and Trails Commission. This appropriation is
from revenue deposited in the natural
resources fund under Minnesota Statutes,
section 297A.94, paragraph (i).
new text end

new text begin (j) $300,000 the first year and $350,000 the
second year are from the natural resources
fund for projects and activities that connect
diverse and underserved Minnesotans through
expanding cultural environmental experiences,
exploration of their environment, and outdoor
recreational activities. This appropriation is
from revenue deposited in the natural
resources fund under Minnesota Statutes,
section 297A.94, paragraph (j).
new text end

new text begin (k) $750,000 the first year is from the
all-terrain vehicle account in the natural
resources fund to the commissioner of natural
resources for a grant to St. Louis County to
match other funding sources for design,
right-of-way acquisition, permitting, and
construction of trails within the Voyageur
Country ATV trail system. This is a onetime
appropriation and is available until June 30,
2026. This appropriation may be used as a
local match to a 2023 state bonding award.
new text end

new text begin (l) $700,000 the first year is from the
all-terrain vehicle account in the natural
resources fund to the commissioner of natural
resources for a grant to St. Louis County to
match other funding sources for design,
right-of-way acquisition, permitting, and
construction of a new trail within the
Prospector trail system. This is a onetime
appropriation and is available until June 30,
2026. This appropriation may be used as a
local match to a 2023 state bonding award.
new text end

new text begin (m) $250,000 the first year and $250,000 the
second year are from the all-terrain vehicle
account in the natural resources fund to the
commissioner of natural resources for a grant
to Aitkin County, in cooperation with the
Northwoods Regional ATV Trail Alliance, to
maintain and repair the Northwoods Regional
ATV trail system. This is a onetime
appropriation and is available until June 30,
2026.
new text end

new text begin (n) The total general fund base budget for the
parks and trails division for fiscal year 2026
and later is $35,507,000.
new text end

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

new text begin 96,212,000 new text end

new text begin 90,186,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 11,143,000 new text end	new text begin 4,376,000 new text end
new text begin Natural Resources new text end	new text begin 1,982,000 new text end	new text begin 1,982,000 new text end
new text begin Game and Fish new text end	new text begin 83,087,000 new text end	new text begin 83,828,000 new text end

new text begin (a) $11,458,000 the first year and $11,658,000
the second year are from the heritage
enhancement account in the game and fish
fund only for activities specified under
Minnesota Statutes, section 297A.94,
paragraph (h), clause (1). Notwithstanding
Minnesota Statutes, section 297A.94, five
percent of this appropriation may be used for
expanding hunter and angler recruitment and
retention.
new text end

new text begin (b) $982,000 the first year and $982,000 the
second year are from the general fund and
$1,675,000 the first year and $1,675,000 the
second year are from the game and fish fund
for statewide response and management of
chronic wasting disease. The commissioner
and the Board of Animal Health must each
submit annual reports on chronic wasting
disease activities funded in this biennium to
the chairs and ranking minority members of
the legislative committees and divisions with
jurisdiction over environment and natural
resources and agriculture. The base for the
general fund portion of this appropriation in
fiscal year 2026 and later is $282,000.
new text end

new text begin (c) $8,546,000 the first year and $8,546,000
the second year are from the deer management
account for the purposes identified in
Minnesota Statutes, section 97A.075,
subdivision 1.
new text end

new text begin (d) $134,000 the first year and $134,000 the
second year are for increased capacity for
broadband utility licensing for state lands and
public waters. This is a onetime appropriation.
new text end

new text begin (e) $5,134,000 the first year is for enhancing
grasslands and restoring wetlands on
state-owned wildlife management areas to
sequester more carbon and enhance climate
resiliency. This is a onetime appropriation and
is available until June 30, 2027.
new text end

new text begin (f) $500,000 the first year and $500,000 the
second year are from the general fund and
$500,000 the first year and $500,000 the
second year are from the heritage enhancement
account in the game and fish fund for grants
for natural-resource-based education and
recreation programs serving youth under
Minnesota Statutes, section 84.976, and for
grant administration. The general fund amount
is onetime.
new text end

new text begin (g) $400,000 the first year and $400,000 the
second year are for the walk-in access program
under Minnesota Statutes, section 97A.126.
new text end

new text begin (h) $1,633,000 the first year is for a grant to
the Board of Regents of the University of
Minnesota for chronic wasting disease
contingency plans developed by the Center
for Infectious Disease Research and Policy.
This is a onetime appropriation.
new text end

new text begin (i) Notwithstanding Minnesota Statutes,
section 297A.94, $300,000 the first year and
$300,000 the second year are from the heritage
enhancement account in the game and fish
fund for shooting sports facility grants under
Minnesota Statutes, section 87A.10, including
grants for archery facilities. Grants must be
matched with a nonstate match, which may
include in-kind contributions. This is a
onetime appropriation and is available until
June 30, 2026. This appropriation must be
allocated as follows: (1) $200,000 each fiscal
year is for grants of $25,000 or less; and (2)
$100,000 each fiscal year is for grants in
excess of $25,000.
new text end

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

new text begin 63,472,000 new text end

new text begin 63,028,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 18,522,000 new text end	new text begin 19,653,000 new text end
new text begin Natural Resources new text end	new text begin 12,511,000 new text end	new text begin 12,611,000 new text end
new text begin Game and Fish new text end	new text begin 32,322,000 new text end	new text begin 30,647,000 new text end
new text begin Remediation new text end	new text begin 117,000 new text end	new text begin 117,000 new text end

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

new text begin (b) $2,080,000 the first year and $1,892,000
the second year are from the heritage
enhancement account in the game and fish
fund for only the purposes specified under
Minnesota Statutes, section 297A.94,
paragraph (h), clause (1).
new text end

new text begin (c) $1,442,000 the first year and $1,442,000
the second year are from the water recreation
account in the natural resources fund for grants
to counties for boat and water safety. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end

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

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

new text begin (f) $510,000 the first year and $510,000 the
second year are from the natural resources
fund for grants to county law enforcement
agencies for off-highway vehicle enforcement
and public education activities based on
off-highway vehicle use in the county. Of this
amount, $498,000 each year is from the
all-terrain vehicle account, $11,000 each year
is from the off-highway motorcycle account,
and $1,000 each year is from the off-road
vehicle account. The county enforcement
agencies may use money received under this
appropriation to make grants to other local
enforcement agencies within the county that
have a high concentration of off-highway
vehicle use. Of this appropriation, $25,000
each year is for administering the 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 (g) $2,250,000 the first year and $2,250,000
the second year are appropriated for
inspections, investigations, and enforcement
activities taken in conjunction with the Board
of Animal Health for the white-tailed deer
farm program and for statewide response and
management of chronic wasting disease.
new text end

new text begin (h) $3,050,000 the first year is for modernizing
the enforcement aviation fleet. This
appropriation is available until June 30, 2027.
new text end

new text begin (i) $360,000 the first year and $360,000 the
second year are for training department
enforcement officers and for maintaining and
storing equipment for conservation officer
public safety responses. This is a onetime
appropriation.
new text end

new text begin (j) The commissioner of natural resources shall
recruit and hire at least 2.5 full-time equivalent
positions to engage in outreach to members
of Southeast Asian communities in Minnesota
about hunting and fishing opportunities and
regulations in this state. No more than one
full-time equivalent position may be a
conservation officer and all positions filled
with this appropriation must be fluent in the
Hmong or Karen language.
new text end

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

new text begin 2,434,000 new text end

new text begin 1,408,000 new text end

new text begin (a) $1,684,000 the first year and $1,408,000
second year are for information technology
security and modernization. This is a onetime
appropriation.
new text end

new text begin (b) $750,000 the first year is for legal costs.
The unencumbered amount of the general fund
appropriation in Laws 2019, First Special
Session chapter 4, article 1, section 3,
subdivision 8, for legal costs, estimated to be
$750,000, is canceled no later than June 29,
2023.
new text end

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

new text begin 4,164,000 new text end

new text begin 4,085,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 3,211,000 new text end	new text begin 3,221,000 new text end
new text begin Natural Resources new text end	new text begin 380,000 new text end	new text begin 380,000 new text end
new text begin Permanent School new text end	new text begin 573,000 new text end	new text begin 484,000 new text end

new text begin (a) $380,000 the first year and $380,000 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
Lake Superior Zoo. This appropriation is from
revenue deposited to the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (h), clause (5).
new text end

new text begin (b) $211,000 the first year and $211,000 the
second year are for the Office of School Trust
Lands.
new text end

new text begin (c) $250,000 the first year and $150,000 the
second year are transferred from the forest
suspense account to the permanent school fund
and are appropriated from the permanent
school fund for transaction and project
management costs for divesting of school trust
lands within Boundary Waters Canoe Area
Wilderness.
new text end

new text begin (d) $323,000 the first year and $334,000 the
second year are transferred from the forest
suspense account to the permanent school fund
and are appropriated from the permanent
school fund for the Office of School Trust
Lands.
new text end

new text begin (e) $3,000,000 the first year and $3,000,000
the second year are for proportional payments
to Tribes receiving payments under Minnesota
Statutes, section 97A.165.
new text end

new text begin Subd. 10. new text end new text begin Get Out MORE (Modernizing Outdoor Recreation Experiences) new text end

new text begin 118,000,000 new text end

new text begin -0- new text end

new text begin $118,000,000 the first year is for modernizing
Minnesota's state-managed outdoor recreation
experiences. Of this amount:
new text end

new text begin (1) $28,000,000 is for enhancing access and
welcoming new users to public lands and
outdoor recreation facilities. Of this amount,
$400,000 is for a grant to the city of Silver
Bay for construction of the Silver Bay
Trailhead, and $500,000 is for a grant to the
city of Chisolm for trail development,
maintenance, and related amenities at Redhead
Mountain Bike Park;
new text end

new text begin (2) $5,000,000 is for modernizing camping
and related infrastructure;
new text end

new text begin (3) $35,000,000 is for modernizing boating
access. Of this amount, $1,900,000 is for the
construction of the Crane Lake Voyageurs
National Park Visitor Center and Campground
and for improvements and maintenance for
the state-operated boat ramp at Crane Lake;
new text end

new text begin (4) $35,000,000 is for modernizing fish
hatcheries and fishing infrastructure; and
new text end

new text begin (5) $15,000,000 is for restoring streams and
modernizing water-related infrastructure.
new text end

new text begin The commissioner may reallocate across these
purposes based on project readiness and
priority. This is a onetime appropriation and
is available until June 30, 2029.
new text end

new text begin Subd. 11. new text end new text begin Transfer new text end

new text begin By June 30, 2024, the commissioner of
management and budget must transfer $58,000
from the water recreation account in the
natural resources fund to the driver services
operating account under Minnesota Statutes,
section 299A.705.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 2, 3, and 8 are effective the day following final
enactment.
new text end

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

new text begin $ new text end

new text begin 58,766,000 new text end

new text begin $ new text end

new text begin 58,954,000 new text end

new text begin (a) $3,116,000 the first year and $3,116,000
the second year are for grants and payments
to soil and water conservation districts for
accomplishing the purposes of Minnesota
Statutes, chapter 103C, and for other general
purposes, nonpoint engineering, and
implementation and stewardship of the
reinvest in Minnesota reserve program.
Expenditures may be made from this
appropriation for supplies and services
benefiting soil and water conservation
districts. Any district receiving a payment
under this paragraph must maintain a website
that publishes, at a minimum, the district's
annual report, annual audit, annual budget,
and meeting notices.
new text end

new text begin (b) $761,000 the first year and $761,000 the
second year are to implement, enforce, and
provide oversight for the Wetland
Conservation Act, including administering the
wetland banking program and in-lieu fee
mechanism.
new text end

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

new text begin (1) $1,460,000 each year is for cost-sharing
programs of soil and water conservation
districts for accomplishing projects and
practices consistent with Minnesota Statutes,
section 103C.501, including perennially
vegetated riparian buffers, erosion control,
water retention and treatment, water quality
cost-sharing for feedlots under 500 animal
units and nutrient and manure management
projects in watersheds where there are
impaired waters, and other high-priority
conservation practices; and
new text end

new text begin (2) $100,000 each year is for county
cooperative weed management programs and
to restore native plants at selected invasive
species management sites.
new text end

new text begin (d) $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. The
board must coordinate the activities of the
Drainage Work Group according to Minnesota
Statutes, section 103B.101, subdivision 13.
new text end

new text begin (e) $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 program
administration. This appropriation must be
matched by nonstate funds.
new text end

new text begin (f) $190,000 the first year and $190,000 the
second year are for grants to Area II
Minnesota River Basin Projects for floodplain
management. The base for fiscal year 2026
and later is $140,000.
new text end

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

new text begin (h) $240,000 the first year and $240,000 the
second year are for a grant to the Lower
Minnesota River Watershed District to defray
the annual cost of operating and maintaining
sites for dredge spoil to sustain the state,
national, and international commercial and
recreational navigation on the lower Minnesota
River.
new text end

new text begin (i) $2,000,000 the first year and $2,000,000
the second year are for the lawns to legumes
program under Minnesota Statutes, section
103B.104. The board may enter into
agreements with local governments, Metro
Blooms, and other organizations to support
this effort. This is a onetime appropriation and
is available until June 30, 2029.
new text end

new text begin (j) $500,000 the first year and $500,000 the
second year are for the habitat-friendly utilities
program under Minnesota Statutes, section
103B.105. This is a onetime appropriation and
is available until June 30, 2029.
new text end

new text begin (k) $2,000,000 the first year and $2,000,000
the second year are for the habitat
enhancement landscape program under
Minnesota Statutes, section 103B.106. This is
a onetime appropriation and is available until
June 30, 2029.
new text end

new text begin (l) $13,380,000 the first year and $13,380,000
the second year are for soil health activities to
achieve water quality, soil productivity,
climate change resiliency, or carbon
sequestration benefits consistent with
Minnesota Statutes, section 103F.06. This is
a onetime appropriation and is available until
June 30, 2029. The board may use grants to
local governments, including soil and water
conservation districts, and agreements with
the United States Department of Agriculture;
the University of Minnesota, Office for Soil
Health; AgCentric, Minnesota State Northern
Center of Excellence; and other practitioners
and partners to accomplish this work.
new text end

new text begin (m) $8,000,000 the first year and $8,000,000
the second year are for conservation easements
and to restore and enhance grasslands and
adjacent lands consistent with Minnesota
Statutes, sections 103F.501 to 103F.531, for
the purposes of climate resiliency, adaptation,
carbon sequestration, and related benefits. Of
this amount, up to $422,500 is for deposit in
the water and soil conservation easement
stewardship account established under
Minnesota Statutes, section 103B.103. This is
a onetime appropriation and is available until
June 30, 2029.
new text end

new text begin (n) $7,500,000 the first year and $7,500,000
the second year are to acquire conservation
easements and to restore and enhance
peatlands and adjacent lands consistent with
Minnesota Statutes, sections 103F.501 to
103F.531, for the purposes of climate
resiliency, adaptation, carbon sequestration,
and related benefits. Of this amount, up to
$299,000 is for deposit in the water and soil
conservation easement stewardship account
established under Minnesota Statutes, section
103B.103. This is a onetime appropriation and
is available until June 30, 2029.
new text end

new text begin (o) $8,500,000 the first year and $8,500,000
the second year are for water quality and
storage practices and projects to protect
infrastructure, improve water quality and
related public benefits, and mitigate climate
change impacts consistent with Minnesota
Statutes, section 103F.05. This is a onetime
appropriation and is available until June 30,
2029.
new text end

new text begin (p) $4,673,000 the first year and $4,673,000
the second year are for natural resources block
grants to local governments to implement the
Wetland Conservation Act and shoreland
management program under Minnesota
Statutes, chapter 103F, and local water
management responsibilities under Minnesota
Statutes, chapter 103B. 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. The base for
fiscal year 2026 and later is $3,423,000.
new text end

new text begin (q) $129,000 the first year and $136,000 the
second year are to accomplish the objectives
of Minnesota Statutes, section 10.65, and
related Tribal government coordination. The
base for fiscal year 2026 and each year
thereafter is $144,000.
new text end

new text begin (r) The board may shift money 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 accountability, oversight, local
government performance, or high-priority
needs.
new text end

new text begin (s) Returned grants and payments are available
for two years after they are returned or
regranted, whichever is later. Funds must be
regranted consistent with the purposes of this
section. If an appropriation for grants in either
year is insufficient, the appropriation in the
other year is available for it.
new text end

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

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

new text begin $ new text end

new text begin 28,490,000 new text end

new text begin $ new text end

new text begin 10,990,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 20,040,000 new text end	new text begin 2,540,000 new text end
new text begin Natural Resources new text end	new text begin 8,450,000 new text end	new text begin 8,450,000 new text end

new text begin (a) $7,540,000 the first year and $2,540,000
the second year are for metropolitan-area
regional parks operation and maintenance
according to Minnesota Statutes, section
473.351.
new text end

new text begin (b) $8,450,000 the first year and $8,450,000
the second year are from the natural resources
fund for metropolitan-area regional parks and
trails maintenance and operations. This
appropriation is from revenue deposited in the
natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (h),
clause (3).
new text end

new text begin (c) $2,500,000 the first year is for developing
a decision-making support tool set to help
local partners quantify the risks of a changing
climate and prioritize strategies that mitigate
those risks. This is a onetime appropriation
and is available until June 30, 2027.
new text end

new text begin (d) $10,000,000 the first year is to modernize
regional parks and trails. This is a onetime
appropriation and is available until June 30,
2027.
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 2024 new text end	new text begin 2025 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 12,807,000 new text end

new text begin $ new text end

new text begin 11,957,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 12,617,000 new text end	new text begin 11,767,000 new text end
new text begin Natural Resources new text end	new text begin 190,000 new text end	new text begin 190,000 new text end

new text begin (a) $190,000 the first year and $190,000 the
second year are from the natural resources
fund from revenue deposited under Minnesota
Statutes, section 297A.94, paragraph (h),
clause (5).
new text end

new text begin (b) $850,000 the first year is to improve safety
and security at the Minnesota Zoo. This is a
onetime appropriation.
new text end

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

new text begin $ new text end

new text begin 1,200,000 new text end

new text begin $ new text end

new text begin 1,260,000 new text end

ARTICLE 2

ENVIRONMENT AND NATURAL RESOURCES MODIFICATIONS

Section 1.

Minnesota Statutes 2022, section 35.155, subdivision 1, is amended to read:

Subdivision 1.

Running at large prohibited.

(a) An owner may not allow farmed
Cervidae to run at large. The owner must make all reasonable efforts to return escaped
farmed Cervidae to their enclosures as soon as possible. The owner must new text begin immediately new text end notify
the commissioner of natural resources of the escape of farmed Cervidae if the farmed
Cervidae are not returned or captured by the owner within 24 hours of their escape.

(b) An owner is liable for expenses of another person in capturing, caring for, and
returning farmed Cervidae that have left their enclosures if the person capturing the farmed
Cervidae contacts the owner as soon as possible.

(c) If an owner is unwilling or unable to capture escaped farmed Cervidae, the
commissioner of natural resources may destroy the escaped farmed Cervidae. The
commissioner of natural resources must allow the owner to attempt to capture the escaped
farmed Cervidae prior to destroying the farmed Cervidae. Farmed Cervidae that are not
captured by 24 hours after escape may be destroyed.

new text begin (d) A hunter licensed by the commissioner of natural resources under chapter 97A may
kill and possess escaped farmed Cervidae in a lawful manner and is not liable to the owner
for the loss of the animal.
new text end

new text begin (e) Escaped farmed Cervidae killed by a hunter or destroyed by the commissioner of
natural resources must be tested for chronic wasting disease.
new text end

new text begin (f) The owner is responsible for proper disposal, as determined by the board, of farmed
Cervidae that are killed or destroyed under this subdivision and test positive for chronic
wasting disease.
new text end

new text begin (g) An owner is liable for any additional costs associated with escaped farmed Cervidae
that are infected with chronic wasting disease. This paragraph may be enforced by the
attorney general on behalf of any state agency affected.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2022, section 35.155, subdivision 4, is amended to read:

Subd. 4.

Fencing.

Farmed Cervidae must be confined in a manner designed to prevent
escape. All perimeter fences for farmed Cervidae must be at least 96 inches in height and
be constructed and maintained in a way that prevents the escape of farmed Cervidae deleted text begin or deleted text end new text begin , new text end
entry into the premises by free-roaming Cervidae new text begin , and physical contact between farmed
Cervidae and free-roaming Cervidae. The Board of Animal Health may determine whether
the construction and maintenance of fencing is adequate under this subdivision and may
compel corrective action where it determines fencing is inadequate new text end . deleted text begin After July 1, 2019, deleted text end All
new fencing installed and all fencing used to repair deficiencies must be high tensile. deleted text begin By
December 1, 2019, deleted text end All entry areas for farmed Cervidae enclosure areas must have two
redundant gates, which must be maintained to prevent the escape of animals through an
open gate. If a fence deficiency allows entry or exit by farmed or wild Cervidae, the owner
must new text begin immediately new text end repair the deficiency new text begin . All other deficiencies must be repaired new text end within a
reasonable time, as determined by the Board of Animal Health, not to exceed deleted text begin 45 deleted text end new text begin 14 new text end days.
If a fence deficiency is detected during an inspection, the facility must be reinspected at
least once in the subsequent three months. The farmed Cervidae owner must pay a
reinspection fee equal to one-half the applicable annual inspection fee under subdivision
7a for each reinspection related to a fence violation. If the facility experiences more than
one escape incident in any six-month period or fails to correct a deficiency found during
an inspection, the board may revoke the facility's registration and order the owner to remove
or destroy the animals as directed by the board. If the board revokes a facility's registration,
the commissioner of natural resources may seize and destroy animals at the facility.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2022, section 35.155, subdivision 10, is amended to read:

Subd. 10.

Mandatory registration.

(a) A person may not possess live Cervidae in
Minnesota unless the person is registered with the Board of Animal Health and meets all
the requirements for farmed Cervidae under this section. Cervidae possessed in violation
of this subdivision may be seized and destroyed by the commissioner of natural resources.

(b) A person whose registration is revoked by the board is ineligible for future registration
under this section unless the board determines that the person has undertaken measures that
make future escapes extremely unlikely.

new text begin (c) The board must not allow new registrations under this section for possessing
white-tailed deer. A valid registration may be sold or transferred only once under this
paragraph. Before the board approves a sale or transfer under this paragraph, the board must
verify that the herd is free from chronic wasting disease.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2022, section 35.155, subdivision 11, is amended to read:

Subd. 11.

Mandatory surveillance for chronic wasting disease; depopulation.

(a)
An inventory for each farmed Cervidae herd must be verified by an accredited veterinarian
and filed with the Board of Animal Health every 12 months.

(b) Movement of farmed Cervidae from any premises to another location must be reported
to the Board of Animal Health within 14 days of the movement on forms approved by the
Board of Animal Health. new text begin A person must not move farmed white-tailed deer from a herd that
tests positive for chronic wasting disease from any premises to another location.
new text end

(c) All animals from farmed Cervidae herds that are over deleted text begin 12 deleted text end new text begin six new text end months of age that die
or are slaughtered must be tested for chronic wasting disease.

(d) The owner of a premises where chronic wasting disease is detected must:

new text begin (1) allow and cooperate with inspections of the premises as determined by the Board of
Animal Health and Department of Natural Resources conservation officers and wildlife
managers;
new text end

deleted text begin (1) deleted text end new text begin (2) new text end depopulate the premises of Cervidae after the federal indemnification process
has been completed or, if an indemnification application is not submitted, within deleted text begin a reasonable
time determined by the board in consultation with the commissioner of natural resources deleted text end new text begin
30 days new text end ;

deleted text begin (2) deleted text end new text begin (3) new text end maintain the fencing required under subdivision 4 on the premises for deleted text begin five deleted text end new text begin ten new text end
years after the date of detection; deleted text begin and
deleted text end

deleted text begin (3) deleted text end new text begin (4) new text end post the fencing on the premises with biohazard signs as directed by the board deleted text begin . deleted text end new text begin ;
new text end

new text begin (5) not raise farmed Cervidae on the premises for at least ten years;
new text end

new text begin (6) before signing an agreement to sell or transfer the property, disclose in writing to
the buyer or transferee the date of depopulation and the requirements incumbent upon the
premises and the buyer or transferee under this paragraph; and
new text end

new text begin (7) record with the county recorder or registrar of titles as appropriate, in the county
where the premises is located, a notice, in the form required by the board that meets the
recording requirements of sections 507.093 and 507.24, and that includes the nearest address
and the legal description of the premises, the date of detection, the date of depopulation,
the landowner requirements under this paragraph, and any other information required by
the board. The legal description must be the legal description of record with the county
recorder or registrar of titles and must not otherwise be the real estate tax statement legal
description for the premises. The notice expires and has no effect ten years after the date
of detection stated in the notice. An expired notice must be omitted by the registrar of titles
from future certificates of title.
new text end

new text begin (e) An owner of farmed Cervidae that test positive for chronic wasting disease is
responsible for proper disposal of the animals, as determined by the board.
new text end

Sec. 5.

Minnesota Statutes 2022, section 35.155, is amended by adding a subdivision to
read:

new text begin Subd. 11a. new text end

new text begin Liability. new text end

new text begin (a) A herd owner is liable in a civil action to a person injured by
the owner's sale or unlawful disposal of farmed Cervidae if the herd owner knew or
reasonably should have known that the farmed Cervidae were infected with or exposed to
chronic wasting disease. Action may be brought in a county where the farmed Cervidae are
sold, delivered, or unlawfully disposed.
new text end

new text begin (b) A herd owner is liable to the state for costs associated with the owner's unlawful
disposal of farmed Cervidae infected with or exposed to chronic wasting disease. This
paragraph may be enforced by the attorney general on behalf of any state agency affected.
new text end

Sec. 6.

Minnesota Statutes 2022, section 35.155, subdivision 12, is amended to read:

Subd. 12.

Importation.

new text begin (a) new text end A person must not import new text begin live new text end Cervidae new text begin or Cervidae semen new text end
into the state from a herd that is new text begin :
new text end

new text begin (1) new text end infected new text begin with new text end or new text begin has been new text end exposed to chronic wasting disease new text begin ; new text end or

new text begin (2) new text end from a deleted text begin known deleted text end new text begin state or province where new text end chronic wasting disease deleted text begin endemic area, as
determined by the board deleted text end new text begin is present in farmed or wild Cervidae populations new text end .

new text begin (b) new text end A person may import new text begin live new text end Cervidae new text begin or Cervidae semen new text end into the state only from a
herd that new text begin :
new text end

new text begin (1) new text end is not deleted text begin in a known deleted text end new text begin located in a state or province where new text end chronic wasting disease deleted text begin endemic
area, as determined by the board, deleted text end new text begin is present in farmed or wild Cervidae populations; new text end and
deleted text begin the herd
deleted text end

new text begin (2) new text end has been subject to a deleted text begin state or provincial approved deleted text end new text begin state- or provincial-approved new text end
chronic wasting disease monitoring program for at least three years.

new text begin (c) new text end Cervidae new text begin or Cervidae semen new text end imported in violation of this section may be seized and
destroyed by the commissioner of natural resources.

new text begin (d) Nothing in this section prohibits a person from importing Cervidae semen from a
herd certified as low-risk for chronic wasting disease under the chronic wasting disease
voluntary herd certification program operated by the United States Department of
Agriculture's Animal and Plant Health Inspection Service.
new text end

new text begin (e) Nothing in this subdivision shall be construed to prevent:
new text end

new text begin (1) interstate transfer of animals between two facilities accredited by the Association of
Zoos and Aquariums; or
new text end

new text begin (2) importation of orphaned wild Cervidae for placement at an institution accredited by
the Association of Zoos and Aquariums when approved on a case-by-case basis by the
commissioner of natural resources.
new text end

Sec. 7.

Minnesota Statutes 2022, section 35.155, is amended by adding a subdivision to
read:

new text begin Subd. 15. new text end

new text begin Cooperation with Board of Animal Health. new text end

new text begin The commissioner of natural
resources may contract with the Board of Animal Health to administer some or all of sections
35.153 to 35.156 for farmed white-tailed deer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 8.

Minnesota Statutes 2022, section 35.156, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Consultation required. new text end

new text begin The Board of Animal Health and the commissioner
of natural resources must consult the Minnesota Center for Prion Research and Outreach
at the University of Minnesota and incorporate peer-reviewed scientific information when
administering and enforcing section 35.155 and associated rules pertaining to chronic wasting
disease and farmed Cervidae.
new text end

Sec. 9.

Minnesota Statutes 2022, section 35.156, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Notice required. new text end

new text begin The Board of Animal Health must promptly notify affected
local units of government and Tribal governments when an animal in a farmed Cervidae
herd tests positive for chronic wasting disease.
new text end

Sec. 10.

Minnesota Statutes 2022, section 35.156, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Annual testing required. new text end

new text begin (a) Once the United States Department of Agriculture
has determined that the RT-QuIC test is capable of accurately detecting chronic wasting
disease in white-tailed deer, the Board of Animal Health must have each farmed white-tailed
deer possessed by a person registered under section 35.155 annually tested for chronic
wasting disease using a real-time quaking-induced conversion (RT-QuIC) test offered by
a public or private diagnostic laboratory. Live-animal testing must consist of an ear biopsy,
the collection of which must be managed by the Board of Animal Health, with each laboratory
reporting RT-QuIC results to both the commissioner of natural resources and the Board of
Animal Health in the form required by both agencies. If a white-tailed deer tests positive,
the owner must have the animal tested a second time using an RT-QuIC test performed on
both a second ear biopsy and a tonsil or rectal biopsy.
new text end

new text begin (b) If a farmed white-tailed deer tests positive using an RT-QuIC test performed on both
a second ear biopsy and a tonsil or rectal biopsy, the owner must have the animal destroyed
and tested for chronic wasting disease using a postmortem test approved by the Board of
Animal Health.
new text end

new text begin (c) If a farmed white-tailed deer tests positive for chronic wasting disease under paragraph
(b), the owner must depopulate the premises of farmed Cervidae as required under section
35.155, subdivision 11.
new text end

Sec. 11.

Minnesota Statutes 2022, section 84.415, subdivision 3, is amended to read:

Subd. 3.

Application, form.

The application for license or permit deleted text begin shall be in
quadruplicate, and shall deleted text end new text begin must new text end include deleted text begin with each copy deleted text end a legal description of the lands or
waters affected, a metes and bounds description of the required right-of-way, a map showing
said features, and a detailed design of any structures necessary, or in lieu thereof shall be
in such other form, and include such other descriptions, maps or designs, as the commissioner
may require. The commissioner may at any time order such changes or modifications
respecting construction or maintenance of structures or other conditions of the license or
permit as the commissioner deems necessary to protect the public health and safety.

Sec. 12.

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

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

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

new text begin Subd. 2. new text end

new text begin Accompanying operator. new text end

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

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

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

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

new text begin Subd. 3. new text end

new text begin Adult operator. new text end

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

new text begin (1) effective July 1, 2025, born on or after July 1, 2004;
new text end

new text begin (2) effective July 1, 2026, born on or after July 1, 2000;
new text end

new text begin (3) effective July 1, 2027, born on or after July 1, 1996; and
new text end

new text begin (4) effective July 1, 2028, born on or after July 1, 1987.
new text end

new text begin Subd. 4. new text end

new text begin Exempt operator. new text end

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

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

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

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

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

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

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

new text begin Subd. 5. new text end

new text begin Motorboat rental business. new text end

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

new text begin Subd. 6. new text end

new text begin Young operator. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 13.

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

new text begin Subdivision 1. new text end

new text begin Generally. new text end

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

new text begin Subd. 2. new text end

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

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

new text begin Subd. 3. new text end

new text begin Personal possession required. new text end

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

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

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

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

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

new text begin Subd. 4. new text end

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 14.

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

new text begin Subdivision 1. new text end

new text begin Adult operators. new text end

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

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

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

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

new text begin Subd. 2. new text end

new text begin Young operators. new text end

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

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

new text begin Subd. 3. new text end

new text begin Accompanying operators. new text end

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

new text begin Subd. 4. new text end

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

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

new text begin Subd. 5. new text end

new text begin Exception for low-powered motorboats. new text end

new text begin Notwithstanding the other provisions
of this section, a person of any age may operate a motorboat that is not a personal watercraft
that is powered by a motor with a factory rating of 25 horsepower or less without possessing
a valid watercraft operator's permit and without an accompanying operator in the motorboat.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 15.

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 16.

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

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

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

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

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

new text begin Subd. 2. new text end

new text begin Authorized operators. new text end

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

new text begin Subd. 3. new text end

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

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

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

new text begin Subd. 4. new text end

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 17.

Minnesota Statutes 2022, section 86B.313, subdivision 4, is amended to read:

Subd. 4.

Dealers deleted text begin and rental operations deleted text end .

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

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

(2) the safe operation of personal watercraft.

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 18.

Minnesota Statutes 2022, section 97A.465, subdivision 3, is amended to read:

Subd. 3.

Nonresidents stationed in state new text begin ; spouses new text end .

new text begin (a) new text end The commissioner may issue a
resident license to take deleted text begin fish or deleted text end game to a person in the armed forces of the United States
that is stationed in the state. This deleted text begin subdivision deleted text end new text begin paragraph new text end does not apply to deleted text begin the deleted text end taking deleted text begin of deleted text end
moose or elk.

new text begin (b) The commissioner may issue a resident angling license to a person in the armed
forces of the United States that is stationed in the state and to the spouse of a person in the
armed forces of the United States that is stationed in the state.
new text end

Sec. 19.

Minnesota Statutes 2022, section 97A.465, subdivision 8, is amended to read:

Subd. 8.

Nonresident active members of National Guard new text begin ; spouses new text end .

new text begin (a) new text end A nonresident
that is deleted text begin an active deleted text end new text begin a new text end member of the deleted text begin state's deleted text end National Guard may obtain a resident license to
take deleted text begin fish or deleted text end game. This deleted text begin subdivision deleted text end new text begin paragraph new text end does not apply to deleted text begin the deleted text end taking deleted text begin of deleted text end moose or elk.

new text begin (b) A nonresident that is a member of the National Guard or that is the spouse of a
member of the National Guard may obtain a resident license to take fish.
new text end

new text begin (c) For purposes of this section, the term "member of the National Guard" means an
active member of the state's National Guard or an active member of another state's National
Guard who is temporarily stationed in this state.
new text end

Sec. 20.

Minnesota Statutes 2022, section 97A.475, subdivision 41, is amended to read:

Subd. 41.

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

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

deleted text begin (b) deleted text end The fee for a recreational turtle license to take, transport, and possess turtles for
personal use is deleted text begin $25 deleted text end new text begin $5 new text end .

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 21.

Minnesota Statutes 2022, section 97C.605, subdivision 1, is amended to read:

Subdivision 1.

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 22.

Minnesota Statutes 2022, section 97C.605, subdivision 2c, is amended to read:

Subd. 2c.

License exemptions.

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

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

new text begin (1) when buying turtles from a licensed aquatic farm or licensed private fish hatchery
for resale at a retail outlet or restaurant;
new text end

(2) when buying a turtle at a retail outlet;

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

deleted text begin (4) deleted text end new text begin (3) new text end to take, possess, and rent deleted text begin or sell deleted text end up to 25 turtles greater than four inches in length
for the purpose of providing the turtles to participants at a nonprofit turtle race, if the person
is a resident under age 18. The person is responsible for the well-being of the turtles deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) when possessing turtles if under 16 years of age. Notwithstanding any other law to
the contrary, a person under the age of 16 may possess, without a license, up to three snapping
or western painted turtles, provided the turtles are possessed for personal use and are within
the applicable length and width requirements.
new text end

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

new text begin (c) Turtles possessed under this subdivision may not be released back into the wild.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2022, section 97C.605, subdivision 3, is amended to read:

Subd. 3.

Taking; methods prohibited.

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

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

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

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

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

(5) firearms and ammunition;

(6) bow and arrow or crossbow; or

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 24.

Minnesota Statutes 2022, section 97C.611, is amended to read:

97C.611 TURTLE SPECIES; LIMITS.

Subdivision 1.

Snapping turtles.

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

Subd. 2.

Western painted turtles.

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

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

deleted text begin Subd. 3. deleted text end

deleted text begin Spiny softshell. deleted text end

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

Subd. 4.

Other species.

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 25.

Minnesota Statutes 2022, section 103B.101, subdivision 9, is amended to read:

Subd. 9.

Powers and duties.

(a) In addition to the powers and duties prescribed
elsewhere, the board shall:

(1) coordinate the water and soil resources planning and implementation activities of
counties, soil and water conservation districts, watershed districts, watershed management
organizations, and any other local units of government through its various authorities for
approval of local plans, administration of state grants, contracts and easements, and by other
means as may be appropriate;

(2) facilitate communication and coordination among state agencies in cooperation with
the Environmental Quality Board, and between state and local units of government, in order
to make the expertise and resources of state agencies involved in water and soil resources
management available to the local units of government to the greatest extent possible;

(3) coordinate state and local interests with respect to the study in southwestern Minnesota
under United States Code, title 16, section 1009;

(4) develop information and education programs designed to increase awareness of local
water and soil resources problems and awareness of opportunities for local government
involvement in preventing or solving them;

(5) provide a forum for the discussion of local issues and opportunities relating to water
and soil resources management;

(6) adopt an annual budget and work program that integrate the various functions and
responsibilities assigned to it by law; and

(7) report new text begin assessments new text end to the governor and the legislature deleted text begin by October 15 of each
even-numbered year with an assessment deleted text end of board programs and recommendations for any
program changes and board membership changes necessary to improve state and local efforts
in water and soil resources management.

(b) The board may accept grants, gifts, donations, or contributions in money, services,
materials, or otherwise from the United States, a state agency, or other source to achieve
an authorized or delegated purpose. The board may enter into a contract or agreement
necessary or appropriate to accomplish the transfer. The board may conduct or participate
in local, state, or federal programs or projects that have as one purpose or effect the
preservation or enhancement of water and soil resources and may enter into and administer
agreements with local governments or landowners or their designated agents as part of those
programs or projects. The board may receive and expend money to acquire conservation
easements, as defined in chapter 84C, on behalf of the state and federal government consistent
with deleted text begin the deleted text end Camp Ripley's Army Compatible Use Buffer Project new text begin , Sentinel Landscape program,
or related conservation programs new text end . new text begin The board may enter into agreements, including grant
agreements, with Tribal nations, federal agencies, higher education institutions, local
governments, and private sector organizations to carry out programs and other responsibilities
prescribed or allowed by statute.
new text end

(c) Any money received is hereby deposited in an account in a fund other than the general
fund and appropriated and dedicated for the purpose for which it is granted.

Sec. 26.

Minnesota Statutes 2022, section 103B.101, subdivision 16, is amended to read:

Subd. 16.

deleted text begin Water quality deleted text end new text begin Conservation new text end practices; standardized specifications.

new text begin (a)
new text end The board deleted text begin of Water and Soil Resources shall deleted text end new text begin must new text end work with state and federal agencies, new text begin
Tribal Nations, new text end academic institutions, local governments, practitioners, and stakeholders to
foster mutual understanding and provide recommendations for standardized specifications
for deleted text begin water quality and soil deleted text end conservation deleted text begin protection and improvement deleted text end practices deleted text begin and deleted text end new text begin , new text end projects deleted text begin . deleted text end new text begin ,
and systems for:
new text end

new text begin (1) erosion or sedimentation control;
new text end

new text begin (2) improvements to water quality or water quantity;
new text end

new text begin (3) habitat restoration and enhancement;
new text end

new text begin (4) energy conservation; and
new text end

new text begin (5) climate adaptation, resiliency, or mitigation.
new text end

new text begin (b) new text end The board may convene working groups or work teams to develop information,
education, and recommendations.

Sec. 27.

Minnesota Statutes 2022, section 103B.101, is amended by adding a subdivision
to read:

new text begin Subd. 18. new text end

new text begin Guidelines for establishing and enhancing native vegetation. new text end

new text begin (a) The board
must work with state and federal agencies, Tribal Nations, academic institutions, local
governments, practitioners, and stakeholders to foster mutual understanding and to provide
recommendations for standardized specifications to establish and enhance native vegetation
to provide benefits for:
new text end

new text begin (1) water quality;
new text end

new text begin (2) soil conservation;
new text end

new text begin (3) habitat enhancement;
new text end

new text begin (4) energy conservation; and
new text end

new text begin (5) climate adaptation, resiliency, or mitigation.
new text end

new text begin (b) The board may convene working groups or work teams to develop information,
education, and recommendations.
new text end

Sec. 28.

Minnesota Statutes 2022, section 103B.103, is amended to read:

103B.103 EASEMENT STEWARDSHIP ACCOUNTS.

Subdivision 1.

Accounts established; sources.

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

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

Subd. 2.

Appropriation; purposes of accounts.

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

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

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

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

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

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

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

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

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

Subd. 3.

Financial contributions.

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 29.

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

new text begin (a) The Board of Water and Soil Resources may provide financial and technical assistance
to plant residential landscapes and community spaces with native vegetation and
pollinator-friendly forbs and legumes to:
new text end

new text begin (1) protect a diversity of pollinators with declining populations; and
new text end

new text begin (2) provide additional benefits for water management, carbon sequestration, and landscape
and climate resiliency.
new text end

new text begin (b) The board must establish criteria for grants or payments awarded under this section.
Grants or payments awarded under this section may give priority consideration for proposals
in areas identified by the United States Fish and Wildlife Service as areas where there is a
high potential for rusty patched bumble bees and other priority species to be present.
new text end

new text begin (c) The board may collaborate with and enter into agreements with federal, state, and
local agencies; Tribal Nations; nonprofit organizations; and contractors to implement and
promote the program.
new text end

Sec. 30.

new text begin [103B.105] HABITAT-FRIENDLY UTILITIES PROGRAM.
new text end

new text begin (a) The Board of Water and Soil Resources may provide financial and technical assistance
to promote the successful establishment of native vegetation as part of utility projects,
including solar and wind projects, pipelines, and electrical transmission corridors, to:
new text end

new text begin (1) ensure the integrity and resiliency of Minnesota landscapes; and
new text end

new text begin (2) protect habitat and water resources.
new text end

new text begin (b) The board must establish criteria for grants or payments awarded under this section.
Grants or payments awarded under this section may prioritize proposals in areas identified
by state and federal agencies and conservation partners for protecting high-priority natural
resources and wildlife species.
new text end

new text begin (c) The board may collaborate with and enter into agreements with federal, state, and
local agencies; Tribal Nations; utility companies; nonprofit organizations; and contractors
to implement and promote the program.
new text end

Sec. 31.

new text begin [103B.106] HABITAT ENHANCEMENT LANDSCAPE PROGRAM.
new text end

new text begin (a) The Board of Water and Soil Resources may provide financial and technical assistance
to establish or enhance areas of diverse native vegetation to:
new text end

new text begin (1) support declining populations of bees, butterflies, dragonflies, birds, and other wildlife
species that are essential for ecosystems and food production across conservation lands,
open spaces, and natural areas; and
new text end

new text begin (2) provide additional benefits for water management, carbon sequestration, and landscape
and climate resiliency.
new text end

new text begin (b) The board must establish criteria for grants or payments awarded under this section.
Grants or payments awarded under this section may prioritize proposals in areas identified
by state and federal agencies and conservation partners as high priority for protecting
endangered or threatened pollinator and other species.
new text end

new text begin (c) The board may collaborate with and enter into agreements with federal, state, and
local agencies; Tribal Nations; nonprofit organizations; and contractors to implement and
promote the program.
new text end

Sec. 32.

Minnesota Statutes 2022, section 103C.501, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Cost-share deleted text end new text begin Program new text end authorization.

The state board may allocate
available funds to districts deleted text begin to share the cost of systems or deleted text end new text begin for new text end practices new text begin , projects, and systems new text end
for new text begin :
new text end

new text begin (1) new text end erosion or sedimentation control deleted text begin or deleted text end new text begin ;
new text end

new text begin (2) improvements to new text end water quality deleted text begin improvement that are designed to protect and improve
soil and water resources. deleted text end new text begin or water quantity;
new text end

new text begin (3) habitat enhancement;
new text end

new text begin (4) plant biodiversity;
new text end

new text begin (5) energy conservation; or
new text end

new text begin (6) climate adaptation, resiliency, or mitigation.
new text end

Sec. 33.

Minnesota Statutes 2022, section 103C.501, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Cost-sharing deleted text end new text begin Use of new text end funds.

deleted text begin (a) The state board shall allocate cost-sharing funds
to areas with high-priority erosion, sedimentation, or water quality problems or water quantity
problems due to altered hydrology. The areas must be selected based on priorities established
by the state board.
deleted text end

deleted text begin (b) deleted text end The allocated funds must be used deleted text begin for deleted text end new text begin :
new text end

new text begin (1) for new text end conservation deleted text begin practices for high-priority problems deleted text end new text begin activities, including technical
and financial assistance, new text end identified in deleted text begin the comprehensive and annual work plans of the
districts, for the technical assistance portion of the grant funds deleted text end new text begin state-approved plans that are
related to water and natural resources and established under chapters 103B, 103C, 103D,
103F, 103G, and 114D;
new text end

new text begin (2) new text end to leverage federal or other nonstate funds deleted text begin , deleted text end new text begin ; new text end or

new text begin (3) new text end to address high-priority needs identified deleted text begin in local water management plans or
comprehensive watershed management plans deleted text end new text begin by the district based on public input new text end .

Sec. 34.

Minnesota Statutes 2022, section 103C.501, subdivision 5, is amended to read:

Subd. 5.

Contracts by districts.

(a) A district deleted text begin board deleted text end may deleted text begin contract on a cost-share basis
to furnish financial aid to deleted text end new text begin provide technical and financial assistance to new text end a land occupier or
to a state new text begin or federal new text end agency for deleted text begin permanent systems deleted text end new text begin practices and projects new text end for new text begin :
new text end

new text begin (1) new text end erosion or sedimentation control deleted text begin or deleted text end new text begin ;
new text end

new text begin (2) improvements to new text end water quality or water quantity deleted text begin improvements that are consistent
with the district's comprehensive and annual work plans. deleted text end new text begin ;
new text end

new text begin (3) habitat enhancement;
new text end

new text begin (4) plant biodiversity;
new text end

new text begin (5) energy conservation; or
new text end

new text begin (6) climate adaptation, resiliency, or mitigation.
new text end

(b) A district deleted text begin board, with approval from the state board and deleted text end new text begin , new text end consistent with state board
rules and policies, may contract deleted text begin on a cost-share basis to furnish financial aid to a land
occupier for deleted text end new text begin to provide technical and financial assistance for structural and new text end nonstructural
deleted text begin land management deleted text end practices deleted text begin that are part of a planned erosion control or water quality
improvement plan deleted text end new text begin and projects new text end .

deleted text begin (c) The duration of the contract must, at a minimum, be the time required to complete
the planned systems. A contract must specify that the land occupier is liable for monetary
damages and penalties in an amount up to 150 percent of the financial assistance received
from the district, for failure to complete the systems or practices in a timely manner or
maintain the systems or practices as specified in the contract.
deleted text end

deleted text begin (d) A contract may provide for cooperation or funding with federal agencies. A land
occupier or state agency may provide the cost-sharing portion of the contract through services
in kind.
deleted text end

deleted text begin (e) deleted text end new text begin (c) new text end The state board or the district deleted text begin board deleted text end may not furnish any financial deleted text begin aid deleted text end new text begin assistance new text end
for practices designed only to increase land productivity.

deleted text begin (f) deleted text end new text begin (d) new text end When a district deleted text begin board deleted text end determines that long-term maintenance of a system or
practice is desirable, the new text begin district or the state new text end board may require that maintenance be made
a covenant upon the land for the effective life of the practice. A covenant under this
subdivision shall be construed in the same manner as a conservation restriction under section
84.65.

Sec. 35.

Minnesota Statutes 2022, section 103C.501, subdivision 6, is amended to read:

Subd. 6.

Policies and rules.

deleted text begin (a) deleted text end The state board may adopt rules and shall adopt policies
prescribing:

(1) procedures and criteria for allocating funds deleted text begin for cost-sharing contracts deleted text end ; new text begin and
new text end

(2) standards and guidelines for deleted text begin cost-sharing deleted text end new text begin implementing the conservation new text end contracts deleted text begin ; deleted text end new text begin
program.
new text end

deleted text begin (3) the scope and content of district comprehensive plans, plan amendments, and annual
work plans;
deleted text end

deleted text begin (4) standards and methods necessary to plan and implement a priority cost-sharing
program, including guidelines to identify high priority erosion, sedimentation, and water
quality problems and water quantity problems due to altered hydrology;
deleted text end

deleted text begin (5) the share of the cost of conservation practices to be paid from cost-sharing funds;
and
deleted text end

deleted text begin (6) requirements for districts to document their efforts to identify and contact land
occupiers with high priority problems.
deleted text end

deleted text begin (b) The rules may provide that cost sharing may be used for windbreaks and shelterbelts
for the purposes of energy conservation and snow protection.
deleted text end

Sec. 36.

Minnesota Statutes 2022, section 103D.605, subdivision 5, is amended to read:

Subd. 5.

Establishment order.

After the project hearing, if the managers find that the
project will be conducive to public health, new text begin will new text end promote the general welfare, and deleted text begin is in
compliance deleted text end new text begin complies new text end with the watershed management plan and the provisions of this chapter,
the deleted text begin board deleted text end new text begin managers new text end must, by order, establish the project. The establishment order must
include the findings of the managers.

Sec. 37.

new text begin [103F.06] SOIL HEALTH PRACTICES PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) In this section, the following terms have the meanings
given:
new text end

new text begin (1) "board" means the Board of Water and Soil Resources;
new text end

new text begin (2) "local units of government" has the meaning given under section 103B.305,
subdivision 5; and
new text end

new text begin (3) "soil health" has the meaning given under section 103C.101, subdivision 10a.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin (a) The board must administer a financial and technical support
program to produce soil health practices that achieve water quality, soil productivity, climate
change resiliency, or carbon sequestration benefits.
new text end

new text begin (b) The program must include but is not limited to no till, field borders, prairie strips,
cover crops, and other practices sanctioned by the board or the United States Department
of Agriculture's Natural Resources Conservation Service.
new text end

new text begin Subd. 3. new text end

new text begin Financial and technical assistance. new text end

new text begin (a) The board may provide financial and
technical support to local units of government, private sector organizations, and farmers to
establish soil health practices and related practices with climate and water-quality benefits.
new text end

new text begin (b) The board must establish practices and costs that are eligible for financial and technical
support under this section.
new text end

new text begin Subd. 4. new text end

new text begin Program implementation. new text end

new text begin (a) The board may employ staff or enter into external
agreements to implement this section.
new text end

new text begin (b) The board must assist local units of government in achieving the objectives of the
program, including assessing practice standards and program effectiveness.
new text end

new text begin Subd. 5. new text end

new text begin Federal aid availability. new text end

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

new text begin Subd. 6. new text end

new text begin Soil health practices. new text end

new text begin The board, in consultation with the commissioner of
agriculture, may cooperate with the United States Department of Agriculture, other federal
and state agencies, local governments, and private sector organizations to establish soil
health goals for the state that will achieve water quality, soil productivity, climate change
resiliency, and carbon sequestration benefits.
new text end

new text begin Subd. 7. new text end

new text begin Carbon market applicability. new text end

new text begin The board, in consultation with the commissioner
of agriculture, may cooperate with the United States Department of Agriculture, other federal
and state agencies, local governments, and private sector organizations to align or incorporate
soil health practices with carbon trading, mitigation, or offset markets and related tracking
or recognition efforts.
new text end

Sec. 38.

Minnesota Statutes 2022, section 103F.505, is amended to read:

103F.505 PURPOSE AND POLICY.

new text begin (a) new text end It is the purpose of sections 103F.505 to 103F.531 to restore certain marginal
agricultural land and protect environmentally sensitive areas to new text begin :
new text end

new text begin (1) new text end enhance soil and water quality deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end minimize damage to flood-prone areas deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) new text end sequester carbon deleted text begin , and deleted text end new text begin ;
new text end

new text begin (4) new text end support native plant, fish, and wildlife habitats deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) establish perennial vegetation.
new text end

new text begin (b) new text end It is state policy to encourage deleted text begin the deleted text end new text begin :
new text end

new text begin (1) new text end restoration of wetlands and riparian lands deleted text begin and promote the retirement deleted text end new text begin ;
new text end

new text begin (2) restoration and protection new text end of marginal, highly erodible land, particularly land adjacent
to public waters, drainage systems, wetlands, and locally designated priority waters deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) protection of environmentally sensitive areas, including wellhead protection areas,
grasslands, peatlands, shorelands, and forest lands in priority areas.
new text end

Sec. 39.

Minnesota Statutes 2022, section 103F.511, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Grasslands. new text end

new text begin "Grasslands" means landscapes that are or were formerly
dominated by grasses, that have a low percentage of trees and shrubs, and that provide
economic and ecosystem services such as grazing, wildlife habitat, carbon sequestration,
and water filtration and retention.
new text end

Sec. 40.

new text begin [103F.519] REINVEST IN MINNESOTA WORKING LANDS PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The board may establish and administer a reinvest in
Minnesota working lands program that is in addition to the program established under
section 103F.515. Selecting land for the program must be based on the land's potential for:
new text end

new text begin (1) protecting or improving water quality;
new text end

new text begin (2) reducing erosion;
new text end

new text begin (3) improving soil health;
new text end

new text begin (4) reducing chemical inputs;
new text end

new text begin (5) improving carbon storage; and
new text end

new text begin (6) increasing biodiversity and habitat for fish, wildlife, and native plants.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin Section 103F.515 applies to this section except as otherwise
provided in subdivisions 1, 3, and 4.
new text end

new text begin Subd. 3. new text end

new text begin Nature of property rights acquired. new text end

new text begin Notwithstanding section 103F.515,
subdivision 4, paragraph (a), the board may authorize haying and livestock grazing, perennial
or winter annual cover crop production, forest management, or other activities that the board
determines are consistent with section 103F.505 or appropriation conditions or criteria.
new text end

new text begin Subd. 4. new text end

new text begin Payments for easements. new text end

new text begin The board must establish payment rates for acquiring
easements and for related practices. The board must consider market factors as well as
easement terms, including length and allowable uses, when establishing rates.
new text end

Sec. 41.

new text begin [103G.216] REPORTING FISH KILLS IN PUBLIC WATERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section and section 103G.2165, "fish
kill" means an incident resulting in the death of 25 or more fish within one linear mile of a
flowing water or 25 or more fish within a square mile of a nonflowing water.
new text end

new text begin Subd. 2. new text end

new text begin Reporting requirement. new text end

new text begin A state or county staff person or official who learns
of a fish kill in public waters must report the location of the fish kill to the Minnesota state
duty officer within one hour of being notified of a fish kill or within four hours of first
observing the fish kill. The Minnesota state duty officer must alert the Departments of
Agriculture, Health, and Natural Resources and the Pollution Control Agency of the location
of the fish kill within one hour of being notified of the fish kill. When a fish kill is reported,
it must be posted to the EQB Monitor in the next scheduled posting.
new text end

Sec. 42.

new text begin [103G.2165] DEVELOPMENT OF FISH KILL RESPONSE PROTOCOL.
new text end

new text begin Subdivision 1. new text end

new text begin Development of protocol. new text end

new text begin By June 30, 2024, the commissioners of
agriculture, health, and natural resources and the commissioner of the Pollution Control
Agency must update the fish kill response guidance by developing a protocol. The protocol
must consist of steps that state agencies responding to a report of a fish kill under section
103G.216 must take to ascertain cause of or contributing factors to the fish kill based on
scientific data and information gathered through investigation, as well as a communication
plan to inform the public of potential hazards. The protocol must address:
new text end

new text begin (1) how to approach sampling for aquatic life in most fish kill situations;
new text end

new text begin (2) the types of locations from which samples described in clause (1) should be taken;
new text end

new text begin (3) the types of locations where water samples should be taken from the body of water
in which the fish kill occurred, as well as tributary streams and private wells with landowner
consent that should also be sampled;
new text end

new text begin (4) the types of locations from which soil and groundwater samples should be taken to
ascertain whether contaminants traveled overland or underground to reach the body of water
in which the fish kill occurred;
new text end

new text begin (5) where other sampling should occur to determine the presence of contaminants that
may have contributed to the fish kill;
new text end

new text begin (6) developing a comprehensive list of contaminants, including degradation products,
for which the materials sampled in clauses (3) to (5) should be tested;
new text end

new text begin (7) the appropriate concentration limits to be used in testing samples for the presence
of contaminants, allowing for the possibility that the fish kill may have resulted from the
interaction of two or more contaminants present at concentrations below the level associated
with toxic effects resulting from exposure to each individual chemical;
new text end

new text begin (8) proper handling, storage, and treatment necessary to preserve the integrity of the
samples described in this subdivision to maximize the information the samples can yield
regarding the cause of the fish kill;
new text end

new text begin (9) the organs and other parts of the fish and other aquatic creatures that should be
analyzed to maximize the information the samples can yield regarding the cause of the fish
kill;
new text end

new text begin (10) identifying a rapid response team of interagency staff or an independent contractor
with the necessary data collection equipment that can travel to the site of the fish kill to
collect samples within 24 to 48 hours of the incident;
new text end

new text begin (11) a communications plan with a health-risk assessment to notify potentially impacted
downstream users of the surface water of the potential hazards and those in the vicinity
whose public or private water supply, including surface water or groundwater, may be
impacted; and
new text end

new text begin (12) the proposed content and timing for investigation reports filed following fish kills.
Investigation reports should identify the probable causes and include recommendations to
prevent similar incidents in the future.
new text end

new text begin Subd. 2. new text end

new text begin Review of protocol. new text end

new text begin The Departments of Agriculture, Health, and Natural
Resources and the Pollution Control Agency must post the draft protocol to their websites
for a 60-day period for public review and comment. The Departments of Agriculture, Health,
and Natural Resources and the Pollution Control Agency must hold one or more public
informational meetings on the draft protocol. The Departments of Agriculture, Health, and
Natural Resources and the Pollution Control Agency must consider comments submitted
during the public comment period before posting the final protocol to their websites.
new text end

new text begin Subd. 3. new text end

new text begin Implementation. new text end

new text begin Once the protocol has been published, the relevant state
agencies must follow the protocol and must maintain data related to each fish kill response
documenting the extent to which the protocol was followed and any reasons why it was not.
Once the protocol is in effect, investigation reports for fish kills must be posted to the EQB
Monitor.
new text end

new text begin Subd. 4. new text end

new text begin Updating protocol. new text end

new text begin The updated protocol must be reviewed by the
commissioners of agriculture, health, and natural resources, and the commissioner of the
Pollution Control Agency at least every five years according to the procedures in this section.
new text end

Sec. 43.

Minnesota Statutes 2022, section 115.01, is amended by adding a subdivision to
read:

new text begin Subd. 8a. new text end

new text begin Microplastics. new text end

new text begin "Microplastics" means particles of plastic less than 500
micrometers in size.
new text end

Sec. 44.

Minnesota Statutes 2022, section 115.01, is amended by adding a subdivision to
read:

new text begin Subd. 8b. new text end

new text begin Nanoplastics. new text end

new text begin "Nanoplastics" means plastic particles less than or equal to 100
nanometers in size.
new text end

Sec. 45.

Minnesota Statutes 2022, section 115.01, is amended by adding a subdivision to
read:

new text begin Subd. 10a. new text end

new text begin Plastic. new text end

new text begin "Plastic" means a synthetic material made from linking monomers
through a chemical reaction to create a polymer chain that can be molded or extruded at
high heat into various solid forms that retain their defined shapes during their life cycle and
after disposal. Plastic does not mean natural polymers that have not been chemically
modified.
new text end

Sec. 46.

Minnesota Statutes 2022, section 115.03, subdivision 1, is amended to read:

Subdivision 1.

Generally.

new text begin (a) new text end The deleted text begin agency deleted text end new text begin commissioner new text end is deleted text begin hereby deleted text end given and charged
with the following powers and duties:

deleted text begin (a) deleted text end new text begin (1) new text end to administer and enforce all laws relating to the pollution of any of the waters
of the state;

deleted text begin (b) deleted text end new text begin (2) new text end to investigate the extent, character, and effect of the pollution of the waters of
this state and to gather data and information necessary or desirable in the administration or
enforcement of pollution laws, and to make such classification of the waters of the state as
it may deem advisable;

deleted text begin (c) deleted text end new text begin (3) new text end to establish and alter such reasonable pollution standards for any waters of the
state in relation to the public use to which they are or may be put as it shall deem necessary
for the purposes of this chapter and, with respect to the pollution of waters of the state,
chapter 116;

deleted text begin (d) deleted text end new text begin (4) new text end to encourage waste treatment, including advanced waste treatment, instead of
stream low-flow augmentation for dilution purposes to control and prevent pollution;

deleted text begin (e) deleted text end new text begin (5) new text end to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
orders, permits, variances, standards, rules, schedules of compliance, and stipulation
agreements, under such conditions as it may prescribe, in order to prevent, control or abate
water pollution, or for the installation or operation of disposal systems or parts thereof, or
for other equipment and facilities:

deleted text begin (1) deleted text end new text begin (i) new text end requiring the discontinuance of the discharge of sewage, industrial waste or other
wastes into any waters of the state resulting in pollution in excess of the applicable pollution
standard established under this chapter;

deleted text begin (2) deleted text end new text begin (ii) new text end prohibiting or directing the abatement of any discharge of sewage, industrial
waste, or other wastes, into any waters of the state or the deposit thereof or the discharge
into any municipal disposal system where the same is likely to get into any waters of the
state in violation of this chapter and, with respect to the pollution of waters of the state,
chapter 116, or standards or rules promulgated or permits issued pursuant thereto, and
specifying the schedule of compliance within which such prohibition or abatement must be
accomplished;

deleted text begin (3) deleted text end new text begin (iii) new text end prohibiting the storage of any liquid or solid substance or other pollutant in a
manner which does not reasonably assure proper retention against entry into any waters of
the state that would be likely to pollute any waters of the state;

deleted text begin (4) deleted text end new text begin (iv) new text end requiring the construction, installation, maintenance, and operation by any person
of any disposal system or any part thereof, or other equipment and facilities, or the
reconstruction, alteration, or enlargement of its existing disposal system or any part thereof,
or the adoption of other remedial measures to prevent, control or abate any discharge or
deposit of sewage, industrial waste or other wastes by any person;

deleted text begin (5) deleted text end new text begin (v) new text end establishing, and from time to time revising, standards of performance for new
sources taking into consideration, among other things, classes, types, sizes, and categories
of sources, processes, pollution control technology, cost of achieving such effluent reduction,
and any nonwater quality environmental impact and energy requirements. Said standards
of performance for new sources shall encompass those standards for the control of the
discharge of pollutants which reflect the greatest degree of effluent reduction which the
agency determines to be achievable through application of the best available demonstrated
control technology, processes, operating methods, or other alternatives, including, where
practicable, a standard permitting no discharge of pollutants. New sources shall encompass
buildings, structures, facilities, or installations from which there is or may be the discharge
of pollutants, the construction of which is commenced after the publication by the agency
of proposed rules prescribing a standard of performance which will be applicable to such
source. Notwithstanding any other provision of the law of this state, any point source the
construction of which is commenced after May 20, 1973, and which is so constructed as to
meet all applicable standards of performance for new sources shall, consistent with and
subject to the provisions of section 306(d) of the Amendments of 1972 to the Federal Water
Pollution Control Act, not be subject to any more stringent standard of performance for new
sources during a ten-year period beginning on the date of completion of such construction
or during the period of depreciation or amortization of such facility for the purposes of
section 167 or 169, or both, of the Federal Internal Revenue Code of 1954, whichever period
ends first. Construction shall encompass any placement, assembly, or installation of facilities
or equipment, including contractual obligations to purchase such facilities or equipment, at
the premises where such equipment will be used, including preparation work at such
premises;

deleted text begin (6) deleted text end new text begin (vi) new text end establishing and revising pretreatment standards to prevent or abate the discharge
of any pollutant into any publicly owned disposal system, which pollutant interferes with,
passes through, or otherwise is incompatible with such disposal system;

deleted text begin (7) deleted text end new text begin (vii) new text end requiring the owner or operator of any disposal system or any point source to
establish and maintain such records, make such reports, install, use, and maintain such
monitoring equipment or methods, including where appropriate biological monitoring
methods, sample such effluents in accordance with such methods, at such locations, at such
intervals, and in such a manner as the agency shall prescribe, and providing such other
information as the agency may reasonably require;

deleted text begin (8) deleted text end new text begin (viii) new text end notwithstanding any other provision of this chapter, and with respect to the
pollution of waters of the state, chapter 116, requiring the achievement of more stringent
limitations than otherwise imposed by effluent limitations in order to meet any applicable
water quality standard by establishing new effluent limitations, based upon section 115.01,
subdivision 13, clause (b), including alternative effluent control strategies for any point
source or group of point sources to insure the integrity of water quality classifications,
whenever the agency determines that discharges of pollutants from such point source or
sources, with the application of effluent limitations required to comply with any standard
of best available technology, would interfere with the attainment or maintenance of the
water quality classification in a specific portion of the waters of the state. Prior to
establishment of any such effluent limitation, the agency shall hold a public hearing to
determine the relationship of the economic and social costs of achieving such limitation or
limitations, including any economic or social dislocation in the affected community or
communities, to the social and economic benefits to be obtained and to determine whether
or not such effluent limitation can be implemented with available technology or other
alternative control strategies. If a person affected by such limitation demonstrates at such
hearing that, whether or not such technology or other alternative control strategies are
available, there is no reasonable relationship between the economic and social costs and
the benefits to be obtained, such limitation shall not become effective and shall be adjusted
as it applies to such person;

deleted text begin (9) deleted text end new text begin (ix) new text end modifying, in its discretion, any requirement or limitation based upon best
available technology with respect to any point source for which a permit application is filed
after July 1, 1977, upon a showing by the owner or operator of such point source satisfactory
to the agency that such modified requirements will represent the maximum use of technology
within the economic capability of the owner or operator and will result in reasonable further
progress toward the elimination of the discharge of pollutants; and

deleted text begin (10) deleted text end new text begin (x) new text end requiring that applicants for wastewater discharge permits evaluate in their
applications the potential reuses of the discharged wastewater;

deleted text begin (f) deleted text end new text begin (6) new text end to require to be submitted and to approve plans and specifications for disposal
systems or point sources, or any part thereof and to inspect the construction thereof for
compliance with the approved plans and specifications thereof;

deleted text begin (g) deleted text end new text begin (7) new text end to prescribe and alter rules, not inconsistent with law, for the conduct of the
agency and other matters within the scope of the powers granted to and imposed upon it by
this chapter and, with respect to pollution of waters of the state, in chapter 116, provided
that every rule affecting any other department or agency of the state or any person other
than a member or employee of the agency shall be filed with the secretary of state;

deleted text begin (h) deleted text end new text begin (8) new text end to conduct such investigations, issue such notices, public and otherwise, and hold
such hearings as are necessary or which it may deem advisable for the discharge of its duties
under this chapter and, with respect to the pollution of waters of the state, under chapter
116, including, but not limited to, the issuance of permits, and to authorize any member,
employee, or agent appointed by it to conduct such investigations or, issue such notices and
hold such hearings;

deleted text begin (i) deleted text end new text begin (9) new text end for the purpose of water pollution control planning by the state and pursuant to
the Federal Water Pollution Control Act, as amended, to establish and revise planning areas,
adopt plans and programs and continuing planning processes, including, but not limited to,
basin plans and areawide waste treatment management plans, and to provide for the
implementation of any such plans by means of, including, but not limited to, standards, plan
elements, procedures for revision, intergovernmental cooperation, residual treatment process
waste controls, and needs inventory and ranking for construction of disposal systems;

deleted text begin (j) deleted text end new text begin (10) new text end to train water pollution control personnel deleted text begin , deleted text end and charge deleted text begin such deleted text end new text begin training new text end fees deleted text begin therefor deleted text end
as are necessary to cover the agency's costs. All such fees received deleted text begin shall deleted text end new text begin must new text end be paid into
the state treasury and credited to the Pollution Control Agency training account;

new text begin (11) to provide chloride reduction training and charge training fees as necessary to cover
the agency's costs not to exceed $350. All training fees received must be paid into the state
treasury and credited to the Pollution Control Agency training account;
new text end

deleted text begin (k) deleted text end new text begin (12) new text end to impose as additional conditions in permits to publicly owned disposal systems
appropriate measures to insure compliance by industrial and other users with any pretreatment
standard, including, but not limited to, those related to toxic pollutants, and any system of
user charges ratably as is hereby required under state law or said Federal Water Pollution
Control Act, as amended, or any regulations or guidelines promulgated thereunder;

deleted text begin (l) deleted text end new text begin (13) new text end to set a period not to exceed five years for the duration of any national pollutant
discharge elimination system permit or not to exceed ten years for any permit issued as a
state disposal system permit only;

deleted text begin (m) deleted text end new text begin (14) new text end to require each governmental subdivision identified as a permittee for a
wastewater treatment works to evaluate in every odd-numbered year the condition of its
existing system and identify future capital improvements that will be needed to attain or
maintain compliance with a national pollutant discharge elimination system or state disposal
system permit; and

deleted text begin (n) deleted text end new text begin (15) new text end to train subsurface sewage treatment system personnel, including persons who
design, construct, install, inspect, service, and operate subsurface sewage treatment systems,
and charge fees as necessary to pay the agency's costs. All fees received must be paid into
the state treasury and credited to the agency's training account. Money in the account is
appropriated to the agency to pay expenses related to training.

new text begin (b) new text end The information required in new text begin paragraph (a), new text end clause deleted text begin (m) deleted text end new text begin (14), new text end must be submitted in
every odd-numbered year to the commissioner on a form provided by the commissioner.
The commissioner shall provide technical assistance if requested by the governmental
subdivision.

new text begin (c) new text end The powers and duties given the agency in this subdivision also apply to permits
issued under chapter 114C.

Sec. 47.

Minnesota Statutes 2022, section 115A.1415, is amended to read:

115A.1415 ARCHITECTURAL PAINT; PRODUCT STEWARDSHIP PROGRAM;
STEWARDSHIP PLAN.

Subdivision 1.

Definitions.

For purposes of this section, the following terms have the
meanings given:

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

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

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

(4) "producer" means a person that:

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

(ii) imports architectural paint branded by a producer that meets item (i) when the
producer has no physical presence in the United States;

(iii) if items (i) and (ii) do not apply, makes unbranded architectural paint that is sold in
the state; or

(iv) sells architectural paint at wholesale or retail, does not have legal ownership of the
brand, and elects to fulfill the responsibilities of the producer for the architectural paint by
certifying that election in writing to the commissioner;

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

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

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

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

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

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

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

Subd. 2.

Product stewardship program.

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

Subd. 3.

Participation required to sell.

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

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

Subd. 4.

Stewardship plan required.

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

(b) deleted text begin An deleted text end new text begin A proposed new text end amendment to the plan, if determined necessary by the commissioner,
must be submitted new text begin to the commissioner for review and approval or rejection new text end every five
years.

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

Subd. 5.

Plan content.

A stewardship plan must contain:

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

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

(3) a description of the methods by which the discarded paint will be collected in all
areas in the state without relying on end-of-life fees, including an explanation of how the
collection system will be convenient and adequate to serve the needs of small businesses
and residents in both urban and rural areas on an ongoing basis and a discussion of how the
existing household hazardous waste infrastructure will be considered when selecting
collection sites;

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

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

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

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

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

(9) the proposed stewardship assessment deleted text begin . The producer or stewardship organization
shall propose a uniform stewardship assessment for any architectural paint sold in the state.
The proposed stewardship assessment shall be reviewed by an independent auditor to ensure
that the assessment does not exceed the costs of the product stewardship program and the
independent auditor shall recommend an amount for the stewardship assessment. The agency
must approve the stewardship assessment deleted text end new text begin established according to subdivision 5a new text end ;

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

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

(i) the most recent collection data available for the state;

(ii) the estimated amount of architectural paint disposed of annually;

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

(iv) actual collection data from other existing stewardship programs.

The stewardship plan must state the methodology used to determine these goals; and

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

new text begin Subd. 5a. new text end

new text begin Stewardship assessment. new text end

new text begin The producer or stewardship organization must
propose a uniform stewardship assessment for any architectural paint sold in the state that
covers but does not exceed the costs of developing the stewardship plan, operating and
administering the program in accordance with the stewardship plan and the requirements
of this section, and maintaining a financial reserve. A stewardship organization or producer
must not maintain a financial reserve in excess of 75 percent of the organization's annual
operating expenses. The producer or stewardship organization must retain an independent
auditor to review the proposed stewardship assessment to ensure that the assessment meets
the requirements of this section. The independent auditor must recommend an amount for
the stewardship assessment. If the financial reserve exceeds 75 percent of the producer or
stewardship organization's annual operating expenses, the producer or stewardship
organization must submit a proposed plan amendment according to subdivision 4, paragraph
(c), to comply with this subdivision. The commissioner must review and approve or reject
the stewardship assessment according to subdivision 7.
new text end

Subd. 6.

Consultation required.

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

Subd. 7.

deleted text begin Agency deleted text end new text begin Commissioner new text end review and approval.

(a) Within 90 days after deleted text begin receipt
of deleted text end new text begin receiving new text end a proposed stewardship plan, the deleted text begin agency shall deleted text end new text begin commissioner must new text end determine
whether the plan complies with deleted text begin subdivision 4 deleted text end new text begin this section new text end . If the deleted text begin agency deleted text end new text begin commissioner new text end
approves a plan, the deleted text begin agency shall deleted text end new text begin commissioner must new text end notify the applicant of the plan approval
in writing. If the deleted text begin agency deleted text end new text begin commissioner new text end rejects a plan, the deleted text begin agency shall deleted text end new text begin commissioner must new text end
notify the applicant in writing of the reasons for rejecting the plan.

new text begin (b) new text end An applicant whose plan is rejected by the deleted text begin agency deleted text end new text begin commissioner new text end must submit a
revised new text begin stewardship new text end plan to the deleted text begin agency deleted text end new text begin commissioner new text end within 60 days after receiving notice
of rejection. new text begin A stewardship organization may submit a revised stewardship plan to the
commissioner on not more than two consecutive occasions. If, after the second consecutive
submission, the commissioner determines that the revised stewardship plan still does not
meet the requirements of this section, the commissioner must modify the stewardship plan
as necessary to meet the requirements of this section and approve the stewardship plan.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Any proposed deleted text begin changes deleted text end new text begin amendment new text end to a stewardship plan must be new text begin reviewed and
new text end approved new text begin or rejected new text end by the deleted text begin agency deleted text end new text begin commissioner new text end in writing new text begin according to this subdivision new text end .

Subd. 8.

Plan availability.

All deleted text begin draft deleted text end new text begin proposed stewardship plans and amendments new text end and
approved stewardship plans deleted text begin shall deleted text end new text begin and amendments must new text end be placed on the agency's website
for at least 30 days and made available at the agency's headquarters for public review and
comment.

Subd. 9.

Conduct authorized.

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

Subd. 10.

Producer responsibilities.

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

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

Subd. 11.

Retailer responsibilities.

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

(b) On and after the implementation date of a product stewardship program according
to this section, each retailer or distributor, as applicable, must ensure that the full amount
of the stewardship assessment added to the cost of architectural paint by producers under
subdivision 10 is included in the purchase price of all architectural paint sold in the state.

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

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

Subd. 12.

Stewardship reports.

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

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

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

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

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

(5) an independent financial audit.

Subd. 13.

Data classification.

Trade secret and sales information, as defined under
section 13.37, submitted to the deleted text begin agency deleted text end new text begin commissioner new text end under this section are private or
nonpublic data under section 13.37.

Subd. 14.

deleted text begin Agency deleted text end new text begin Commissioner new text end responsibilities.

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

Subd. 15.

Local government responsibilities.

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

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

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

Subd. 16.

Administrative fee.

(a) The stewardship organization or individual producer
submitting a stewardship plan deleted text begin shall deleted text end new text begin must new text end pay an annual administrative fee to the
commissioner. The deleted text begin agency deleted text end new text begin commissioner new text end may establish a variable fee based on relevant
factors, including deleted text begin , deleted text end but not limited to deleted text begin , deleted text end the portion of architectural paint sold in the state by
members of the organization compared to the total amount of architectural paint sold in the
state by all organizations submitting a stewardship plan.

(b) deleted text begin Prior to July 1, 2014, and deleted text end Before July 1 deleted text begin annually thereafter deleted text end new text begin each year new text end , the deleted text begin agency
shall deleted text end new text begin commissioner must new text end identify the costs deleted text begin it deleted text end new text begin the agency new text end incurs under this section. The
deleted text begin agency shall deleted text end new text begin commissioner must new text end set the fee at an amount that, when paid by every
stewardship organization or individual producer that submits a stewardship plan, is adequate
to reimburse the agency's full costs of administering this section. The total amount of annual
fees collected under this subdivision must not exceed the amount necessary to reimburse
costs incurred by the agency to administer this section.

(c) A stewardship organization or individual producer subject to this subdivision must
pay the deleted text begin agency's deleted text end new text begin commissioner's new text end administrative fee under paragraph (a) on or before July
1 deleted text begin , 2014, and annually thereafter deleted text end new text begin each year new text end . Each year after the initial payment, the annual
administrative fee may not exceed five percent of the aggregate stewardship assessment
added to the cost of all architectural paint sold by producers in the state for the preceding
calendar year.

(d) All fees received under this section deleted text begin shall deleted text end new text begin must new text end be deposited in the state treasury and
credited to a product stewardship account in the special revenue fund. deleted text begin For fiscal years 2014,
2015, 2016, and 2017, deleted text end The amount collected under this section is annually appropriated to
the deleted text begin agency deleted text end new text begin commissioner new text end to implement and enforce this section.

new text begin Subd. 17. new text end

new text begin Duty to provide information. new text end

new text begin Upon request of the commissioner for purposes
of determining compliance with this section, a person must furnish to the commissioner
any information that the person has or may reasonably obtain.
new text end

Sec. 48.

Minnesota Statutes 2022, section 115A.49, is amended to read:

115A.49 deleted text begin SOLID deleted text end WASTE MANAGEMENT deleted text begin PROJECTS deleted text end new text begin CAPITAL ASSISTANCE
PROGRAM new text end .

new text begin (a) new text end There is established a program to encourage and assist cities, counties, solid waste
management districts, and sanitary districts in the development and implementation of solid
waste management projects and to transfer the knowledge and experience gained from such
projects to other communities in the state.

new text begin (b) new text end The program must be administered to encourage local communities to develop
feasible and prudent alternatives to disposal, including new text begin :
new text end

new text begin (1) new text end waste reduction;

new text begin (2) reuse;
new text end

new text begin (3) recycling;
new text end

new text begin (4) composting source-separated compostable materials or yard waste;
new text end

new text begin (5) resource recovery;
new text end

new text begin (6) new text end waste separation by generators, collectors, and other persons; and

new text begin (7) new text end waste processing.

new text begin (c) new text end The commissioner shall administer the program deleted text begin in accordance with the requirements
of deleted text end new text begin according to new text end sections 115A.49 to 115A.54 and rules deleted text begin promulgated deleted text end new text begin adopted new text end under chapter
14. In administering the program, the commissioner shall give priority to projects in the
order of preference of the waste management practices listed in section 115A.02. The
commissioner shall give special consideration to areas where natural geologic and soil
conditions are especially unsuitable for land disposal of solid waste; areas where the capacity
of existing solid waste disposal facilities is determined by the commissioner to be less than
five years; and projects serving more than one local government unit.

Sec. 49.

Minnesota Statutes 2022, section 115A.51, is amended to read:

115A.51 APPLICATION REQUIREMENTS.

(a) Applications for assistance under the program must demonstrate:

(1) that the project is conceptually and technically feasible;

(2) that affected political subdivisions are committed to implement the project, to provide
necessary local financing, and to accept and exercise the government powers necessary to
the project;

(3) that operating revenues from the project, considering the availability and security of
sources of solid waste and of markets for recovered resources new text begin or the availability of materials
for waste reduction or reuse new text end , together with any proposed federal, state, or local financial
assistance, will be sufficient to pay all costs over the projected life of the project;

(4) that the applicant has evaluated the feasible and prudent alternatives to disposal,
including using existing solid waste management facilities new text begin and facilities conducting waste
reduction or reuse new text end with reasonably available capacity sufficient to accomplish the goals of
the proposed project, and has compared and evaluated the costs of the alternatives, including
capital and operating costs, and the effects of the alternatives on the cost to generators;

(5) that the applicant has identified:

(i) waste management objectives in applicable county and regional solid waste
management plans consistent with section 115A.46, subdivision 2, paragraphs (e) and (f),
or 473.149, subdivision 1; and

(ii) other solid waste new text begin management new text end facilities new text begin and facilities conducting waste reduction or
reuse new text end identified in the county and regional plans; deleted text begin and
deleted text end

(6) that the applicant has conducted a comparative analysis of the project against existing
public and private solid waste new text begin management new text end facilities new text begin and facilities conducting waste reduction
or reuse new text end , including an analysis of potential displacement of those facilities, to determine
whether the project is the most appropriate alternative to achieve the identified waste
management objectives that considers:

(i) conformity with approved county or regional solid waste management plans;

(ii) consistency with the state's solid waste hierarchy and section 115A.46, subdivision
2, paragraphs (e) and (f), or 473.149, subdivision 1; and

(iii) environmental standards related to public health, air, surface water, and groundwater deleted text begin . deleted text end new text begin ;
new text end

new text begin (7) that the applicant has evaluated the project's environmental impact on climate change,
including greenhouse gas emissions; and
new text end

new text begin (8) that the applicant has reviewed the project's impact on overburdened areas, conducted
stakeholder engagement, and assessed community input.
new text end

(b) The commissioner deleted text begin may deleted text end new text begin must new text end require completion of a comprehensive solid waste
management plan conforming to the requirements of section 115A.46, before accepting an
application. Within five days of filing an application with the agency, the applicant must
submit a copy of the application to each solid waste management facility new text begin , including each
facility used for waste reduction or reuse, new text end mentioned in the portion of the application
addressing the requirements of paragraph (a), clauses (5) and (6).

Sec. 50.

Minnesota Statutes 2022, section 115A.54, subdivision 1, is amended to read:

Subdivision 1.

Purposes; public interest; declaration of policy.

The legislature finds
that deleted text begin the establishment of waste processing deleted text end new text begin acquiring, establishing, and improving new text end facilities
new text begin that conduct waste reduction, reuse, recycling, composting source-separated compostable
materials or yard waste, resource recovery, and waste processing new text end and transfer stations serving
such facilities is needed to new text begin reduce and new text end manage properly the solid waste generated in the
state and to conserve and protect the natural resources in the state and the health, safety,
and welfare of its citizens; that opportunities to new text begin acquire, new text end establish new text begin , and improve new text end the facilities
and transfer stations are not being fully realized by individual political subdivisions or by
agreements among subdivisions; and that therefore it is necessary to provide capital assistance
to stimulate and encourage the acquisition new text begin , establishment, new text end and deleted text begin betterment deleted text end new text begin improvement new text end of
the facilities and transfer stations.

Sec. 51.

Minnesota Statutes 2022, section 115A.54, subdivision 2, is amended to read:

Subd. 2.

Administration; assurance of funds.

The commissioner shall provide technical
and financial assistance deleted text begin for the acquisition and betterment of deleted text end new text begin to acquire, establish, and
improve new text end the facilities and transfer stations from revenues derived from deleted text begin the issuance of deleted text end new text begin
issuing new text end bonds authorized by section 115A.58. Facilities for deleted text begin the incineration of deleted text end new text begin incinerating new text end
solid waste without resource recovery are not eligible for assistance. Money appropriated
for the purposes of the deleted text begin demonstration deleted text end program may be distributed as grants or loans. An
individual project may receive assistance totaling up to 100 percent of the capital cost of
the project and grants up to deleted text begin 50 deleted text end new text begin 75 new text end percent of the capital cost of the project. No grant or loan
shall be disbursed to any recipient until the commissioner has determined the total estimated
capital cost of the project and ascertained that financing of the cost is assured by funds
provided by the state, by an agency of the federal government within the amount of funds
then appropriated to that agency and allocated by it to projects within the state, by any
person, or by the appropriation of proceeds of bonds or other funds of the recipient to a fund
for deleted text begin the construction of deleted text end new text begin constructing new text end the project.

Sec. 52.

Minnesota Statutes 2022, section 115A.54, subdivision 2a, is amended to read:

Subd. 2a.

Solid waste management projects.

(a) The commissioner shall provide
technical and financial assistance deleted text begin for the acquisition and betterment of deleted text end new text begin to acquire, establish,
and improve new text end solid waste management projects as provided in this subdivision and section
115A.52. Money appropriated for the purposes of this subdivision must be distributed as
grants.

(b) Except as provided in paragraph (c), a project may receive grant assistance up to 25
percent of the capital cost of the project or deleted text begin $2,000,000 deleted text end new text begin $5,000,000 new text end , whichever is less, except
that projects constructed as a result of intercounty cooperative agreements may receive new text begin the
lesser of:
new text end

(1) grant assistance up to 25 percent of the capital cost of the project; or

(2) deleted text begin $2,000,000 deleted text end new text begin $5,000,000 new text end times the number of participating counties deleted text begin , whichever is less deleted text end .

(c) A recycling project deleted text begin or deleted text end new text begin , new text end a project to compost deleted text begin or cocompost deleted text end new text begin source-separated
compostable material or yard new text end waste new text begin , or a project to manage household hazardous waste new text end may
receive grant assistance up to 50 percent of the capital cost of the project or deleted text begin $2,000,000 deleted text end new text begin
$5,000,000 new text end , whichever is less, except that projects completed as a result of intercounty
cooperative agreements may receive new text begin the lesser of:
new text end

(1) grant assistance up to 50 percent of the capital cost of the project; or

(2) deleted text begin $2,000,000 deleted text end new text begin $5,000,000 new text end times the number of participating counties deleted text begin , whichever is less deleted text end .

new text begin (d) new text end The following projects may also receive grant assistance in the amounts specified
in deleted text begin this deleted text end paragraph new text begin (c) new text end :

(1) a project to improve control of or reduce air emissions at an existing resource recovery
facility; and

(2) a project to substantially increase the recovery of materials or energy, substantially
reduce the amount or toxicity of waste processing residuals, or expand the capacity of an
existing resource recovery facility to meet the resource recovery needs of an expanded
region if each county from which waste is or would be received has achieved a recycling
rate in excess of the goals in section 115A.551, and is implementing aggressive waste
reduction and household hazardous waste management programs.

new text begin (e) A waste reduction project or reuse project may receive grant assistance up to 75
percent of the capital cost of the project or $5,000,000, whichever is less, except that projects
completed as a result of intercounty cooperative agreements may receive the lesser of:
new text end

new text begin (1) grant assistance up to 75 percent of the capital cost of the project; or
new text end

new text begin (2) $5,000,000 times the number of participating counties.
new text end

deleted text begin (d) deleted text end new text begin (f) new text end Notwithstanding paragraph deleted text begin (e) deleted text end new text begin (g) new text end , the commissioner may award grants for transfer
stations that will initially transfer waste to landfills if the transfer stations are part of a
planned resource recovery project, the county where the planned resource recovery facility
will be located has a comprehensive solid waste management plan approved by the
commissioner, and the solid waste management plan proposes the development of the
resource recovery facility. If the proposed resource recovery facility is not in place and
operating within 16 years of the date of the grant award, the recipient shall repay the grant
amount to the state.

deleted text begin (e) deleted text end new text begin (g) new text end Projects without new text begin waste reduction, reuse, recycling, composting source-separated
compostable material or yard waste, or new text end resource recovery are not eligible for assistance. new text begin
Solid waste disposal facilities and equipment are not eligible for assistance.
new text end

deleted text begin (f) deleted text end new text begin (h) new text end In addition to any assistance received under paragraph (b) deleted text begin or deleted text end new text begin , new text end (c), new text begin (d), or (e), new text end a
project may receive grant assistance for the cost of tests necessary to determine the
appropriate pollution control equipment for the project or the environmental effects of the
use of any product or material produced by the project.

deleted text begin (g) deleted text end new text begin (i) new text end In addition to the application requirements of section 115A.51, an application for
a project serving eligible jurisdictions in only a single county must demonstrate that
cooperation with jurisdictions in other counties to develop the project is not needed or not
feasible. Each application must also demonstrate that the project is not financially prudent
without the state assistance, because of the applicant's financial capacity and the problems
inherent in the waste management situation in the area, particularly transportation distances
and limited waste supply and markets for resources recovered.

deleted text begin (h) deleted text end new text begin (j) new text end For the purposes of this subdivision, deleted text begin a deleted text end "project" means new text begin acquisition, establishment,
or improvement of new text end a deleted text begin processing deleted text end facility deleted text begin , deleted text end new text begin that conducts waste reduction, reuse, recycling,
composting source-separated compostable materials or yard waste, resource recovery, or
waste processing, new text end together with any transfer stations, transmission facilities, and other related
and appurtenant facilities primarily serving the deleted text begin processing deleted text end facility.

new text begin (k) new text end The commissioner shall adopt rules for the program deleted text begin by July 1, 1985 deleted text end .

deleted text begin (i) deleted text end new text begin (l) new text end Notwithstanding anything in this subdivision to the contrary, a project to construct
a new deleted text begin mixed municipal deleted text end solid waste transfer station that has an enforceable commitment of
at least ten years, or of sufficient length to retire bonds sold for the facility, to serve an
existing resource recovery facility may receive grant assistance up to 75 percent of the
capital cost of the project if addition of the transfer station will increase substantially the
geographical area served by the resource recovery facility and the ability of the resource
recovery facility to operate more efficiently on a regional basis and the facility meets the
criteria in paragraph deleted text begin (c) deleted text end new text begin (d) new text end , deleted text begin the second deleted text end clause (2). A transfer station eligible for assistance
under this paragraph is not eligible for assistance under any other paragraph of this
subdivision.

Sec. 53.

Minnesota Statutes 2022, section 115A.565, subdivision 1, is amended to read:

Subdivision 1.

Grant program established.

The commissioner must make competitive
grants to political subdivisions or federally recognized Tribes deleted text begin to establish curbside recycling
or composting, increase deleted text end new text begin for waste reduction, reuse, new text end recycling deleted text begin or deleted text end new text begin , and new text end composting deleted text begin , reduce
the amount of recyclable materials entering disposal facilities, or reduce the costs associated
with hauling waste by locating collection sites as close as possible to the site where the
waste is generated deleted text end new text begin of source-separated compostable materials or yard waste new text end . To be eligible
for grants under this section, a political subdivision or federally recognized Tribe must be
located outside the seven-county metropolitan area and a city must have a population of
less than 45,000.

Sec. 54.

Minnesota Statutes 2022, section 115A.565, subdivision 3, is amended to read:

Subd. 3.

Priorities; eligible projects.

(a) If applications for grants exceed the available
appropriations, grants must be made for projects that, in the commissioner's judgment,
provide the highest return in public benefits.

(b) To be eligible to receive a grant, a project must:

(1) be locally administered;

(2) have an educational component and measurable outcomes;

(3) request $250,000 or less;

(4) demonstrate local direct and indirect matching support of at least a quarter amount
of the grant request; deleted text begin and
deleted text end

(5) include at least one of the following elements:

deleted text begin (i) transition to residential recycling through curbside or centrally located collection
sites;
deleted text end

deleted text begin (ii) development of local recycling systems to support curbside recycling; or
deleted text end

deleted text begin (iii) development or expansion of local recycling systems to support recycling bulk
materials, including, but not limited to, electronic waste.
deleted text end

new text begin (i) waste reduction;
new text end

new text begin (ii) reuse;
new text end

new text begin (iii) recycling; or
new text end

new text begin (iv) composting of source-separated compostable materials or yard waste; and
new text end

new text begin (6) demonstrate that the project will reduce waste generation through waste reduction
or reuse or that the project will increase the amount of recyclable materials or
source-separated compostable materials diverted from a disposal facility.
new text end

Sec. 55.

new text begin [116.065] CUMULATIVE IMPACTS ANALYSIS; PERMIT DECISIONS
IN ENVIRONMENTAL JUSTICE AREAS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

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

new text begin (c) "Cumulative impacts" means the impacts of aggregated levels of past and current
air, water, and land pollution in a defined geographic area to which current residents are
exposed.
new text end

new text begin (d) "Environmental justice" means:
new text end

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

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

new text begin (e) "Environmental justice area" means one or more census tracts in Minnesota:
new text end

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

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

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

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

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

new text begin (f) "Environmental stressors" mean factors that may make residents of an environmental
justice area particularly sensitive to exposure to pollutants. Environmental stressors include
social and environmental factors, including but not limited to poverty, substandard housing,
food insecurity, elevated rates of disease, and poor access to health insurance and medical
care.
new text end

new text begin Subd. 2. new text end

new text begin Cumulative impacts analysis; when required. new text end

new text begin (a) Except as provided in
paragraph (b), this subdivision applies to the following permit applications for the
construction of a new facility or the expansion of an existing facility within the seven-county
metropolitan area or within Indian Country, as defined in United States Code, title 18,
section 1151:
new text end

new text begin (1) a major source air permit, as defined in Minnesota Rules, part 7007.0200, subpart
2;
new text end

new text begin (2) a state air permit required under Minnesota Rules, part 7007.0250, subpart 6;
new text end

new text begin (3) an individual permit for a solid waste disposal facility proposing to receive or increase
capacity by 100,000 cubic yards or more of waste annually; and
new text end

new text begin (4) a permit required for the treatment, storage, or disposal of hazardous waste.
new text end

new text begin (b) This section does not apply to the construction of a new facility or the expansion of
an existing facility by a person acting under a permit to mine iron, taconite, or nonferrous
metallic minerals, or to a permit application for the construction of a new facility or the
expansion of an existing facility in the Taconite Assistance Area, as defined in section
273.1341.
new text end

new text begin (c) The owner or operator of a facility subject to paragraph (a), clause (1), must conduct
a cumulative impacts analysis if the facility is located in or, as determined by the
commissioner, may affect the environment or health of residents in an environmental justice
area and:
new text end

new text begin (1) the proposed facility or expansion exceeds the benchmarks established in rules
adopted under subdivision 5 for requiring a cumulative impacts analysis; or
new text end

new text begin (2) a petition signed by at least 100 persons residing or owning property in the affected
environmental justice area is submitted to the commissioner and supported by material
evidence demonstrating, to the satisfaction of the commissioner, that a potential adverse
cumulative impact on the environment or health of the residents of the environmental justice
area may result if the permit is issued.
new text end

new text begin In making this determination, the commissioner may consider material evidence submitted
by the owner or operator of the facility seeking the permit that issuance of the permit will
not result in a potential adverse cumulative impact in the environmental justice area.
new text end

new text begin (d) The commissioner may require an owner or operator of a facility described in
paragraph (a), clauses (1) to (4), that is seeking reissuance of a permit to conduct a cumulative
impacts analysis if the commissioner has material evidence that demonstrates that a potential
adverse cumulative impact on the environment or health of the residents of the environmental
justice area may result if the permit is issued and:
new text end

new text begin (1) the facility is located within one mile of the boundary of an environmental justice
area within the seven-county metropolitan area;
new text end

new text begin (2) the facility is located within one mile of Indian Country, as defined in United States
Code, title 18, section 1151; or
new text end

new text begin (3) the proposed facility does not exceed the benchmarks established in rules adopted
under subdivision 5 for requiring a cumulative impacts analysis.
new text end

new text begin In making this determination, the commissioner may consider material evidence submitted
by the owner or operator of the facility seeking the permit that reissuance of the permit will
not result in a potential adverse cumulative effect in the environmental justice area.
new text end

new text begin Subd. 3. new text end

new text begin Cumulative impacts analysis; public meeting requirements. new text end

new text begin (a) Any owner
or operator required to conduct a cumulative impacts analysis under subdivision 2 must
hold at least two public meetings in the affected environmental justice area before the
commissioner issues or denies a permit. The first public meeting must be held before
conducting a cumulative impacts analysis, and the second must be held after conducting
the analysis.
new text end

new text begin (b) The owner or operator must:
new text end

new text begin (1) publish notice containing the date, time, and location of the public meetings and a
brief description of the permit or project in a newspaper of general circulation in the
environmental justice area at least 30 days before the meetings;
new text end

new text begin (2) post physical signage in the environmental justice area impacted, as directed by the
commissioner; and
new text end

new text begin (3) provide the commissioner with notice of the public meeting and a copy of the
cumulative impacts analysis at least 45 days before the second public meeting.
new text end

new text begin (c) The commissioner must post the notice and cumulative impacts analysis on the
agency website at least 30 days before the second public meeting.
new text end

new text begin (d) The permit applicant or permit holder must:
new text end

new text begin (1) provide an opportunity for robust public and Tribal engagement at the public meetings;
new text end

new text begin (2) accept written and oral comments, as directed by the commissioner, from any
interested party; and
new text end

new text begin (3) provide an electronic copy of all written comments and a transcript of oral comments
to the agency within 30 days of the public meetings.
new text end

new text begin (e) If the permit applicant or permit holder is applying for more than one permit that
may affect the same environmental justice area, the permit applicant or permit holder may
request that the commissioner require that the facility hold two public meetings that address
all of the permits sought. The commissioner may approve or deny the request.
new text end

new text begin (f) The commissioner may incorporate conditions in a permit for a facility located in or
affecting an environmental justice area to hold multiple in-person meetings with residents
of the environmental justice area affected by the facility to share information and discuss
community concerns.
new text end

new text begin Subd. 4. new text end

new text begin Environmental justice area; permit decisions. new text end

new text begin (a) In determining whether to
issue or deny a permit, the commissioner must consider the testimony presented and
comments submitted in public meetings held under subdivision 3. The permit may be issued
no earlier than 30 days following the last public meeting.
new text end

new text begin (b) The commissioner must deny an application for a permit subject to this section for
a facility in an environmental justice area if the commissioner finds that issuing the permit
in combination with the environmental stressors present in the environmental justice area
would contribute to adverse cumulative environmental stressors in the environmental justice
area, unless:
new text end

new text begin (1) the commissioner enters into a community benefit agreement with the facility owner
or operator, in consultation with community-based organizations representing the interests
of residents of the environmental justice area; and
new text end

new text begin (2) there is a compelling public interest to issue the permit, as determined by the
commissioner, based on criteria established in rules adopted under subdivision 5.
new text end

new text begin (c) If the commissioner determines that a compelling public interest exists and the
commissioner enters into a community benefit agreement with the facility owner or operator,
the commissioner may grant a permit that imposes conditions on the construction and
operation of the facility to protect public health and the environment.
new text end

new text begin (d) Issuance of a permit under this section must include a requirement that the facility
provide information to the community describing the health risks that the facility poses.
new text end

new text begin (e) A community benefit agreement must be signed on or before the date a new permit
or major source permit amendment is issued in an environmental justice area.
new text end

new text begin (f) The commissioner must publish and maintain on the agency website a list of
environmental justice areas in the state.
new text end

new text begin Subd. 5. new text end

new text begin Rulemaking. new text end

new text begin (a) The commissioner must adopt rules under chapter 14 to
implement and govern the cumulative impacts analysis and issuance or denial of permits
for facilities that impact environmental justice areas as provided in this section.
Notwithstanding section 14.125, the agency must publish notice of intent to adopt rules
within 36 months of the effective date of this section, or the authority for the rules expires.
new text end

new text begin (b) During the rulemaking process, the Pollution Control Agency must engage in robust
public engagement, including public meetings, and Tribal consultation.
new text end

new text begin (c) Rules adopted under this section must:
new text end

new text begin (1) define conditions, criteria, or circumstances that qualify as a compelling public
interest, which:
new text end

new text begin (i) must consider whether the economic benefit considered will directly or substantially
benefit residents of the affected environmental justice area;
new text end

new text begin (ii) must include noneconomic considerations; and
new text end

new text begin (iii) must take into account public comments made at public meetings held under
subdivision 3;
new text end

new text begin (2) establish benchmarks to assist the commissioner's determination regarding the need
for a cumulative impacts analysis;
new text end

new text begin (3) establish the content of a community benefit agreement and procedures for entering
into community benefit agreements, which must include consultation with members of the
public and community-based organizations or coalitions representing the interests of residents
within the environmental justice area;
new text end

new text begin (4) establish a petition process and form submitted to the agency by environmental
justice area residents to support the need for a cumulative impact analysis;
new text end

new text begin (5) establish and define criteria for requiring a cumulative impact analysis; and
new text end

new text begin (6) establish a process for conducting a cumulative impacts analysis.
new text end

new text begin (d) The agency must provide translation services and translated materials upon request
during rulemaking meetings.
new text end

new text begin (e) The agency must use multiple communication methods to inform residents of
environmental justice areas in the public meetings held for the rulemaking.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1 and 5 are effective the day following final
enactment. The remainder of this section is effective on January 1, 2027.
new text end

Sec. 56.

Minnesota Statutes 2022, section 116.07, subdivision 6, is amended to read:

Subd. 6.

Pollution Control Agency; exercise of powers.

In exercising all its powers
the Pollution Control Agency deleted text begin shall give due consideration to deleted text end new text begin must:
new text end

new text begin (1) consider new text end the establishment, maintenance, operation and expansion of business,
commerce, trade, industry, traffic, and other economic factors and other material matters
affecting the feasibility and practicability of any proposed action, including, but not limited
to, the burden on a municipality of any tax which may result therefrom, and deleted text begin shall deleted text end new text begin must new text end take
or provide for such action as may be reasonable, feasible, and practical under the
circumstances new text begin ; and
new text end

new text begin (2) to the extent reasonable, feasible, and practical under the circumstances:
new text end

new text begin (i) ensure that actions or programs that have a direct, indirect, or cumulative impact on
environmental justice areas incorporate community-focused practices and procedures in
agency processes, including communication, outreach, engagement, and education to enhance
meaningful, timely, and transparent community access;
new text end

new text begin (ii) collaborate with other state agencies to identify, develop, and implement means to
eliminate and reverse environmental and health inequities and disparities;
new text end

new text begin (iii) promote the utility and availability of environmental data and analysis for
environmental justice areas, other agencies, federally recognized Tribal governments, and
the public;
new text end

new text begin (iv) encourage coordination and collaboration with residents of environmental justice
areas to address environmental and health inequities and disparities; and
new text end

new text begin (v) ensure environmental justice values are represented to the agency from a
commissioner-appointed environmental justice advisory committee that is composed of
diverse members and that is developed and operated in a manner open to the public and in
accordance with the duties described in the bylaws and charter adopted and maintained by
the commissioner new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 57.

new text begin [116.943] PRODUCTS CONTAINING PFAS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Adult mattress" means a mattress other than a crib mattress or toddler mattress.
new text end

new text begin (c) "Air care product" means a chemically formulated consumer product labeled to
indicate that the purpose of the product is to enhance or condition the indoor environment
by eliminating odors or freshening the air.
new text end

new text begin (d) "Automotive maintenance product" means a chemically formulated consumer product
labeled to indicate that the purpose of the product is to maintain the appearance of a motor
vehicle, including products for washing, waxing, polishing, cleaning, or treating the exterior
or interior surfaces of motor vehicles. Automotive maintenance product does not include
automotive paint or paint repair products.
new text end

new text begin (e) "Carpet or rug" means a fabric marketed or intended for use as a floor covering.
new text end

new text begin (f) "Cleaning product" means a finished product used primarily for domestic, commercial,
or institutional cleaning purposes, including but not limited to an air care product, an
automotive maintenance product, a general cleaning product, or a polish or floor maintenance
product.
new text end

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

new text begin (h) "Cookware" means durable houseware items used to prepare, dispense, or store food,
foodstuffs, or beverages. Cookware includes but is not limited to pots, pans, skillets, grills,
baking sheets, baking molds, trays, bowls, and cooking utensils.
new text end

new text begin (i) "Cosmetic" means articles, excluding soap:
new text end

new text begin (1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise
applied to the human body or any part thereof for the purpose of cleansing, beautifying,
promoting attractiveness, or altering the appearance; and
new text end

new text begin (2) intended for use as a component of any such article.
new text end

new text begin (j) "Currently unavoidable use" means a use of PFAS that the commissioner has
determined by rule under this section to be essential for health, safety, or the functioning
of society and for which alternatives are not reasonably available.
new text end

new text begin (k) "Fabric treatment" means a substance applied to fabric to give the fabric one or more
characteristics, including but not limited to stain resistance or water resistance.
new text end

new text begin (l) "Intentionally added" means PFAS deliberately added during the manufacture of a
product where the continued presence of PFAS is desired in the final product or one of the
product's components to perform a specific function.
new text end

new text begin (m) "Juvenile product" means a product designed or marketed for use by infants and
children under 12 years of age:
new text end

new text begin (1) including but not limited to a baby or toddler foam pillow; bassinet; bedside sleeper;
booster seat; changing pad; child restraint system for use in motor vehicles and aircraft;
co-sleeper; crib mattress; highchair; highchair pad; infant bouncer; infant carrier; infant
seat; infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot; nursing
pad; nursing pillow; play mat; playpen; play yard; polyurethane foam mat, pad, or pillow;
portable foam nap mat; portable infant sleeper; portable hook-on chair; soft-sided portable
crib; stroller; and toddler mattress; and
new text end

new text begin (2) not including a children's electronic product such as a personal computer, audio and
video equipment, calculator, wireless phone, game console, handheld device incorporating
a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit,
or power cord; a medical device; or an adult mattress.
new text end

new text begin (n) "Manufacturer" means the person that creates or produces a product or whose brand
name is affixed to the product. In the case of a product imported into the United States,
manufacturer includes the importer or first domestic distributor of the product if the person
that manufactured or assembled the product or whose brand name is affixed to the product
does not have a presence in the United States.
new text end

new text begin (o) "Medical device" has the meaning given "device" under United States Code, title
21, section 321, subsection (h).
new text end

new text begin (p) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of
fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
new text end

new text begin (q) "Product" means an item manufactured, assembled, packaged, or otherwise prepared
for sale to consumers, including but not limited to its product components, sold or distributed
for personal, residential, commercial, or industrial use, including for use in making other
products.
new text end

new text begin (r) "Product component" means an identifiable component of a product, regardless of
whether the manufacturer of the product is the manufacturer of the component.
new text end

new text begin (s) "Ski wax" means a lubricant applied to the bottom of snow runners, including but
not limited to skis and snowboards, to improve their grip or glide properties. Ski wax includes
related tuning products.
new text end

new text begin (t) "Textile" means an item made in whole or part from a natural or synthetic fiber, yarn,
or fabric. Textile includes but is not limited to leather, cotton, silk, jute, hemp, wool, viscose,
nylon, and polyester.
new text end

new text begin (u) "Textile furnishings" means textile goods of a type customarily used in households
and businesses, including but not limited to draperies, floor coverings, furnishings, bedding,
towels, and tablecloths.
new text end

new text begin (v) "Upholstered furniture" means an article of furniture that is designed to be used for
sitting, resting, or reclining and that is wholly or partly stuffed or filled with any filling
material.
new text end

new text begin Subd. 2. new text end

new text begin Information required. new text end

new text begin (a) On or before January 1, 2026, a manufacturer of a
product sold, offered for sale, or distributed in the state that contains intentionally added
PFAS must submit to the commissioner information that includes:
new text end

new text begin (1) a brief description of the product, including a universal product code (UPC), stock
keeping unit (SKU), or other numeric code assigned to the product;
new text end

new text begin (2) the purpose for which PFAS are used in the product, including in any product
components;
new text end

new text begin (3) the amount of each PFAS, identified by its chemical abstracts service registry number,
in the product, reported as an exact quantity determined using commercially available
analytical methods or as falling within a range approved for reporting purposes by the
commissioner;
new text end

new text begin (4) the name and address of the manufacturer and the name, address, and phone number
of a contact person for the manufacturer; and
new text end

new text begin (5) any additional information requested by the commissioner as necessary to implement
the requirements of this section.
new text end

new text begin (b) With the approval of the commissioner, a manufacturer may supply the information
required in paragraph (a) for a category or type of product rather than for each individual
product.
new text end

new text begin (c) A manufacturer must submit the information required under this subdivision whenever
a new product that contains intentionally added PFAS is sold, offered for sale, or distributed
in the state and update and revise the information whenever there is significant change in
the information or when requested to do so by the commissioner.
new text end

new text begin (d) A person may not sell, offer for sale, or distribute for sale in the state a product
containing intentionally added PFAS if the manufacturer has failed to provide the information
required under this subdivision and the person has received notification under subdivision
4.
new text end

new text begin Subd. 3. new text end

new text begin Information requirement waivers; extensions. new text end

new text begin (a) The commissioner may
waive all or part of the information requirement under subdivision 2 if the commissioner
determines that substantially equivalent information is already publicly available. The
commissioner may grant a waiver under this paragraph to a manufacturer or a group of
manufacturers for multiple products or a product category.
new text end

new text begin (b) The commissioner may enter into an agreement with one or more other states or
political subdivisions of a state to collect information and may accept information to a shared
system as meeting the information requirement under subdivision 2.
new text end

new text begin (c) The commissioner may extend the deadline for submission by a manufacturer of the
information required under subdivision 2 if the commissioner determines that more time is
needed by the manufacturer to comply with the submission requirement.
new text end

new text begin Subd. 4. new text end

new text begin Testing required and certificate of compliance. new text end

new text begin (a) If the commissioner has
reason to believe that a product contains intentionally added PFAS and the product is being
offered for sale in the state, the commissioner may direct the manufacturer of the product
to, within 30 days, provide the commissioner with testing results that demonstrate the amount
of each of the PFAS, identified by its chemical abstracts service registry number, in the
product, reported as an exact quantity determined using commercially available analytical
methods or as falling within a range approved for reporting purposes by the commissioner.
new text end

new text begin (b) If testing demonstrates that the product does not contain intentionally added PFAS,
the manufacturer must provide the commissioner a certificate attesting that the product does
not contain intentionally added PFAS, including testing results and any other relevant
information.
new text end

new text begin (c) If testing demonstrates that the product contains intentionally added PFAS, the
manufacturer must provide the commissioner with the testing results and the information
required under subdivision 2.
new text end

new text begin (d) A manufacturer must notify persons who sell or offer for sale a product prohibited
under subdivision 2 or 5 that the sale of that product is prohibited in this state and provide
the commissioner with a list of the names and addresses of those notified.
new text end

new text begin (e) The commissioner may notify persons who sell or offer for sale a product prohibited
under subdivision 2 or 5 that the sale of that product is prohibited in this state.
new text end

new text begin Subd. 5. new text end

new text begin Prohibitions. new text end

new text begin (a) Beginning January 1, 2025, a person may not sell, offer for
sale, or distribute for sale in this state the following products if the product contains
intentionally added PFAS:
new text end

new text begin (1) carpets or rugs;
new text end

new text begin (2) cleaning products;
new text end

new text begin (3) cookware;
new text end

new text begin (4) cosmetics;
new text end

new text begin (5) dental floss;
new text end

new text begin (6) fabric treatments;
new text end

new text begin (7) juvenile products;
new text end

new text begin (8) menstruation products;
new text end

new text begin (9) textile furnishings;
new text end

new text begin (10) ski wax; or
new text end

new text begin (11) upholstered furniture.
new text end

new text begin (b) The commissioner may by rule identify additional products by category or use that
may not be sold, offered for sale, or distributed for sale in this state if they contain
intentionally added PFAS and designate effective dates. A prohibition adopted under this
paragraph must be effective no earlier than January 1, 2025, and no later than January 1,
2032. The commissioner must prioritize the prohibition of the sale of product categories
that, in the commissioner's judgment, are most likely to contaminate or harm the state's
environment and natural resources if they contain intentionally added PFAS.
new text end

new text begin (c) Beginning January 1, 2032, a person may not sell, offer for sale, or distribute for sale
in this state any product that contains intentionally added PFAS, unless the commissioner
has determined by rule that the use of PFAS in the product is a currently unavoidable use.
The commissioner may specify specific products or product categories for which the
commissioner has determined the use of PFAS is a currently unavoidable use. The
commissioner may not determine that the use of PFAS in a product is a currently unavoidable
use if the product is listed in paragraph (a).
new text end

new text begin Subd. 6. new text end

new text begin Fees. new text end

new text begin The commissioner may establish by rule a fee payable by a manufacturer
to the commissioner upon submission of the information required under subdivision 2 to
cover the agency's reasonable costs to implement this section. Fees collected under this
subdivision must be deposited in an account in the environmental fund.
new text end

new text begin Subd. 7. new text end

new text begin Enforcement. new text end

new text begin (a) The commissioner may enforce this section under sections
115.071 and 116.072. The commissioner may coordinate with the commissioners of
commerce and health in enforcing this section.
new text end

new text begin (b) When requested by the commissioner, a person must furnish to the commissioner
any information that the person may have or may reasonably obtain that is relevant to show
compliance with this section.
new text end

new text begin Subd. 8. new text end

new text begin Exemptions. new text end

new text begin This section does not apply to:
new text end

new text begin (1) a product for which federal law governs the presence of PFAS in the product in a
manner that preempts state authority;
new text end

new text begin (2) a product regulated under section 325F.072 or 325F.075; or
new text end

new text begin (3) the sale or resale of a used product.
new text end

new text begin Subd. 9. new text end

new text begin Rules. new text end

new text begin The commissioner may adopt rules necessary to implement this section.
Section 14.125 does not apply to the commissioner's rulemaking authority under this section.
new text end

Sec. 58.

Minnesota Statutes 2022, section 171.07, is amended by adding a subdivision to
read:

new text begin Subd. 20. new text end

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 59.

Minnesota Statutes 2022, section 297A.94, is amended to read:

297A.94 DEPOSIT OF REVENUES.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin (i) Two percent of the revenues, including interest and penalties, transmitted to the
commissioner under section 297A.65 must be deposited in a regional parks and trails account
in the natural resources fund and may only be spent for parks and trails of regional
significance outside of the seven-county metropolitan area under section 85.535, based on
recommendations from the Greater Minnesota Regional Parks and Trails Commission under
section 85.536.
new text end

new text begin (j) One percent of the revenues, including interest and penalties, transmitted to the
commissioner under section 297A.65 must be deposited in an outdoor recreational
opportunities for underserved communities account in the natural resources fund and may
only be spent on projects and activities that connect diverse and underserved Minnesotans
through expanding cultural environmental experiences, exploration of their environment,
and outdoor recreational activities.
new text end

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

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

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

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

(3) the remainder to the general fund.

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 60.

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

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (1) jewelry;
new text end

new text begin (2) toys;
new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

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

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

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

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

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

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

Sec. 61.

Minnesota Statutes 2022, section 325F.072, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

(b) "Class B firefighting foam" means foam designed deleted text begin for flammable liquid fires deleted text end new text begin to
prevent or extinguish a fire in flammable liquids, combustible liquids, petroleum greases,
tars, oils, oil-based paints, solvents, lacquers, alcohols, and flammable gases new text end .

(c) "PFAS chemicals" or "perfluoroalkyl and polyfluoroalkyl substances" means deleted text begin , for
the purposes of firefighting agents, deleted text end a class of fluorinated organic chemicals containing at
least one fully fluorinated carbon atom deleted text begin and designed to be fully functional in class B
firefighting foam formulations deleted text end .

(d) "Political subdivision" means a county, city, town, or a metropolitan airports
commission organized and existing under sections 473.601 to 473.679.

(e) "State agency" means an agency as defined in section 16B.01, subdivision 2.

(f) "Testing" means calibration testing, conformance testing, and fixed system testing.

Sec. 62.

Minnesota Statutes 2022, section 325F.072, subdivision 3, is amended to read:

Subd. 3.

Prohibition deleted text begin of testing and training deleted text end .

(a) deleted text begin Beginning July 1, 2020, deleted text end No person,
political subdivision, or state agency shall deleted text begin discharge class B firefighting foam that contains
intentionally added deleted text end new text begin manufacture or knowingly sell, offer for sale, distribute for sale, or
distribute for use in this state, and no person shall use in this state, class B firefighting foam
containing new text end PFAS chemicals deleted text begin : deleted text end new text begin .
new text end

deleted text begin (1) for testing purposes, unless the testing facility has implemented appropriate
containment, treatment, and disposal measures to prevent releases of foam to the environment;
or
deleted text end

deleted text begin (2) for training purposes, unless otherwise required by law, and with the condition that
the training event has implemented appropriate containment, treatment, and disposal measures
to prevent releases of foam to the environment. For training purposes, class B foam that
contains intentionally added PFAS chemicals shall not be used.
deleted text end

deleted text begin (b) This section does not restrict:
deleted text end

deleted text begin (1) the manufacture, sale, or distribution of class B firefighting foam that contains
intentionally added PFAS chemicals; or
deleted text end

deleted text begin (2) the discharge or other use of class B firefighting foams that contain intentionally
added PFAS chemicals in emergency firefighting or fire prevention operations.
deleted text end

new text begin (b) This subdivision does not apply to the manufacture, sale, distribution, or use of class
B firefighting foam for which the inclusion of PFAS chemicals is required by federal law,
including but not limited to Code of Federal Regulations, title 14, section 139.317. If a
federal requirement to include PFAS chemicals in class B firefighting foam is revoked after
January 1, 2024, class B firefighting foam subject to the revoked requirements is no longer
exempt under this paragraph effective one year after the day of revocation.
new text end

new text begin (c) This subdivision does not apply to the manufacture, sale, distribution, or use of class
B firefighting foam for purposes of use at an airport, as defined under section 360.013,
subdivision 39, until the state fire marshal makes a determination that:
new text end

new text begin (1) the Federal Aviation Administration has provided policy guidance on the transition
to fluorine-free firefighting foam;
new text end

new text begin (2) a fluorine-free firefighting foam product is included in the Federal Aviation
Administration's Qualified Product Database; and
new text end

new text begin (3) a firefighting foam product included in the database under clause (2) is commercially
available in quantities sufficient to reliably meet the requirements under Code of Federal
Regulations, title 14, part 139.
new text end

new text begin (d) Until the state fire marshal makes a determination under paragraph (c), the operator
of an airport using class B firefighting foam containing PFAS chemicals must, on or before
December 31 each calendar year, submit a report to the state fire marshal regarding the
status of the airport's conversion to class B firefighting foam products without intentionally
added PFAS, the disposal of class B firefighting foam products with intentionally added
PFAS, and an assessment of the factors listed in paragraph (c) as applied to the airport.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 63.

Minnesota Statutes 2022, section 325F.072, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Discharge for testing and training. new text end

new text begin A person, political subdivision, or state
agency exempted from the prohibitions under subdivision 3 may not discharge class B
firefighting foam that contains intentionally added PFAS chemicals for:
new text end

new text begin (1) testing purposes, unless the testing facility has implemented appropriate containment,
treatment, and disposal measures to prevent releases of foam to the environment; or
new text end

new text begin (2) training purposes, unless otherwise required by law, and with the condition that the
training event has implemented appropriate containment, treatment, and disposal measures
to prevent releases of foam to the environment.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 64. new text begin 50-YEAR CLEAN WATER PLAN SCOPE OF WORK.
new text end

new text begin (a) The University of Minnesota Water Council is requested to develop a scope of work,
timeline, and budget for a plan to promote and protect clean water in Minnesota for the next
50 years. The 50-year clean water plan must:
new text end

new text begin (1) provide a literature-based assessment of the current status and trends regarding the
quality and quantity of all Minnesota waters, both surface and subsurface;
new text end

new text begin (2) identify gaps in the data or understanding and provide recommended action steps to
address gaps;
new text end

new text begin (3) identify existing and potential future threats to Minnesota's waters; and
new text end

new text begin (4) propose a road map of scenarios and policy recommendations to allow the state to
proactively protect, remediate, and conserve clean water for human use and biodiversity
for the next 50 years.
new text end

new text begin (b) The scope of work must outline the steps and resources necessary to develop the
plan, including but not limited to:
new text end

new text begin (1) the data sets that are required and how the University of Minnesota will obtain access;
new text end

new text begin (2) the suite of proposed analysis methods;
new text end

new text begin (3) the roles and responsibilities of project leaders, key personnel, and stakeholders;
new text end

new text begin (4) the project timeline with milestones; and
new text end

new text begin (5) a budget with expected costs for tasks and milestones.
new text end

new text begin (c) By December 1, 2023, the Board of Regents of the University of Minnesota is
requested to submit the scope of work to the chairs and ranking minority members of the
house of representatives and senate committees and divisions with jurisdiction over
environment and natural resources.
new text end

Sec. 65. new text begin REPORT REQUIRED; RECYCLING AND REUSING SOLAR
PHOTOVOLTAIC MODULES AND INSTALLATION COMPONENTS.
new text end

new text begin (a) The commissioner of the Pollution Control Agency, in consultation with the
commissioners of commerce and employment and economic development, must coordinate
preparation of a report on developing a statewide system to reuse and recycle solar
photovoltaic modules and installation components in the state.
new text end

new text begin (b) The report must include options for a system to collect, reuse, and recycle solar
photovoltaic modules and installation components at end of life. Any system option included
in the report must be convenient and accessible throughout the state, recover 100 percent
of discarded components, and maximize value and materials recovery. Any system option
developed must include analysis of:
new text end

new text begin (1) the reuse and recycling values of solar photovoltaic modules, installation components,
and recovered materials;
new text end

new text begin (2) system infrastructure and technology needs;
new text end

new text begin (3) how to maximize in-state employment and economic development;
new text end

new text begin (4) net costs for the program; and
new text end

new text begin (5) potential benefits and negative impacts of the plan on environmental justice and
Tribal communities.
new text end

new text begin (c) The report must include a survey of solar photovoltaic modules and installation
components that are currently coming out of service and those projected to come out of
service in the future in Minnesota. The report must include a description of how solar
photovoltaic modules and installation components are currently being managed at end of
life and how they would likely be managed in the future without the proposed reuse and
recycling system.
new text end

new text begin (d) After completing the report, the commissioner must convene a working group to
advise on developing policy recommendations for a statewide system to manage solar
photovoltaic modules and installation components. The working group must include but is
not limited to:
new text end

new text begin (1) the commissioners of commerce and employment and economic development or
their designees;
new text end

new text begin (2) representatives of the solar industry and electric utilities;
new text end

new text begin (3) representatives of state, local, and Tribal governments; and
new text end

new text begin (4) other relevant stakeholders.
new text end

new text begin (e) By January 15, 2025, the commissioner must submit the report and the policy
recommendations developed under this section to the chairs and ranking minority members
of the legislative committees and divisions with jurisdiction over environment and natural
resources policy and finance and energy policy and finance.
new text end

Sec. 66. new text begin STATUTORY AND RULE REVISIONS TO PREVENT FISH KILLS IN
DRIFTLESS AREA.
new text end

new text begin By January 15, 2024, the commissioners of agriculture, health, and natural resources
and the commissioner of the Pollution Control Agency must make recommendations to the
legislature for statutes and rules that should be amended to prevent fish kills within the
boundaries of the Department of Natural Resources Paleozoic Plateau ecological section.
new text end

Sec. 67. new text begin TEMPORARY EXEMPTION FOR TERMINALS AND OIL REFINERIES.
new text end

new text begin Subdivision 1. new text end

new text begin Temporary exemption. new text end

new text begin Minnesota Statutes, section 325F.072, subdivision
3, does not apply to the manufacture, sale, distribution, or use of class B firefighting foam
for the purposes of use at a terminal or oil refinery until January 1, 2026.
new text end

new text begin Subd. 2. new text end

new text begin Extension; waiver. new text end

new text begin (a) A person who operates a terminal or oil refinery may
apply to the state fire marshal for a waiver to extend the exemption under subdivision 1
beyond January 1, 2026, as provided in this subdivision.
new text end

new text begin (b) The state fire marshal may grant a waiver to extend the exemption under subdivision
1 for a specific use if the applicant provides all of the following:
new text end

new text begin (1) clear and convincing evidence that there is no commercially available replacement
that does not contain intentionally added PFAS chemicals and that is capable of suppressing
fire for that specific use;
new text end

new text begin (2) information on the amount of firefighting foam containing intentionally added PFAS
chemicals stored, used, or released on-site on an annual basis;
new text end

new text begin (3) a detailed plan, with timelines, for the operator of the terminal or oil refinery to
transition to firefighting foam that does not contain intentionally added PFAS chemicals
for that specific use; and
new text end

new text begin (4) a plan for meeting the requirements under subdivision 3.
new text end

new text begin (c) The state fire marshal must ensure there is an opportunity for public comment during
the waiver process. The state fire marshal must consider both information provided by the
applicant and information provided through public comment when making a decision on
whether to grant a waiver. The term of a waiver must not exceed two years. The state fire
marshal must not grant a waiver for a specific use if any other terminal or oil refinery is
known to have transitioned to commercially available class B firefighting foam that does
not contain intentionally added PFAS chemicals for that specific use. All waivers must
expire by January 1, 2028. A person that anticipates applying for a waiver for a terminal or
oil refinery must submit a notice of intent to the state fire marshal by January 1, 2025, in
order to be considered for a waiver beyond January 1, 2026. The state fire marshal must
notify the waiver applicant of a decision within six months of the waiver submission date.
new text end

new text begin (d) The state fire marshal must provide an applicant for a waiver under this subdivision
an opportunity to:
new text end

new text begin (1) correct deficiencies when applying for a waiver; and
new text end

new text begin (2) provide evidence to dispute a determination that another terminal or oil refinery is
known to have transitioned to commercially available class B firefighting foam that does
not contain intentionally added PFAS chemicals for that specific use, including evidence
that the specific use is different.
new text end

new text begin Subd. 3. new text end

new text begin Use requirements. new text end

new text begin (a) A person that uses class B firefighting foam containing
intentionally added PFAS chemicals under this section must:
new text end

new text begin (1) implement tactics that have been demonstrated to prevent release directly to the
environment, such as to unsealed ground, soakage pits, waterways, or uncontrolled drains;
new text end

new text begin (2) attempt to fully contain all firefighting foams with PFAS on-site using demonstrated
practices designed to contain all PFAS releases;
new text end

new text begin (3) implement containment measures such as bunds and ponds that are controlled, are
impervious to PFAS chemicals, and do not allow fire water, wastewater, runoff, and other
wastes to be released to the environment, such as to soils, groundwater, waterways, or
stormwater; and
new text end

new text begin (4) dispose of all fire water, wastewater, runoff, impacted soils, and other wastes in a
way that prevents releases to the environment.
new text end

new text begin (b) A terminal or oil refinery that has received a waiver under this section may provide
and use class B firefighting foam containing intentionally added PFAS chemicals in the
form of mutual aid to another terminal or oil refinery at the request of authorities only if
the other terminal or oil refinery also has a waiver.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 68. new text begin TRANSFER OF DUTIES; FARMED WHITE-TAILED DEER.
new text end

new text begin (a) Responsibility for administering and enforcing the statutes and rules listed in clauses
(1) and (2) for farmed white-tailed deer are, except as provided in paragraph (c), transferred
pursuant to Minnesota Statutes, section 15.039, from the Board of Animal Health to the
commissioner of natural resources:
new text end

new text begin (1) Minnesota Statutes, sections 35.153 to 35.156; and
new text end

new text begin (2) Minnesota Rules, parts 1721.0370 to 1721.0420.
new text end

new text begin (b) The Board of Animal Health retains responsibility for administering and enforcing
the statutes and rules listed in paragraph (a), clauses (1) and (2), for all other farmed Cervidae.
new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 15.039, subdivision 7, the transfer of
personnel will not take place. The commissioner of natural resources may contract with the
Board of Animal Health for any veterinary services required to administer this program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 69. new text begin TURTLE SELLER'S LICENSES; TRANSFER AND RENEWAL.
new text end

new text begin The commissioner of natural resources must not renew or transfer a turtle seller's license
after the effective date of this section.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 70. new text begin UPPER SIOUX AGENCY STATE PARK; LAND TRANSFER.
new text end

new text begin (a) The commissioner of natural resources must convey for no consideration all
state-owned land within the boundaries of Upper Sioux Agency State Park to the Upper
Sioux Community. By September 15, 2023, the commissioner must identify all state-owned
land within Upper Sioux Agency State Park and any funding restrictions or other legal
barriers to conveying the land. Lands without restrictions or barriers to being conveyed
must be conveyed to the Upper Sioux Community by December 1, 2023.
new text end

new text begin (b) By December 15, 2023, the commissioner must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over environment
and natural resources that identifies all barriers to conveying land within Upper Sioux
Agency State Park and recommendations for addressing those barriers, including any
legislation needed to eliminate those barriers.
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. 71. new text begin WHITE BEAR LAKE AREA WATER-USE STAKEHOLDER GROUP.
new text end

new text begin The commissioner of natural resources must convene a group of stakeholders to advise
the commissioner and the legislature on options for ensuring communities in the White Bear
Lake area have access to sufficient safe drinking water to allow for municipal growth while
simultaneously ensuring the sustainability of surface water and groundwater sources to
supply the needs of future generations. By March 1, 2024, the commissioner must report
any recommendations of the stakeholder group to the chairs and ranking minority members
of the house of representatives and senate committees and divisions with jurisdiction over
environment and natural resources.
new text end

Sec. 72. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must recodify the relevant sections in Minnesota Statutes, chapter
35, and Minnesota Rules, chapter 1721, as necessary to conform with section 68. The revisor
must also change the responsible agency, remove obsolete language, and make necessary
cross-reference changes consistent with section 68 and the renumbering.
new text end

Sec. 73. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, sections 103C.501, subdivisions 2 and 3; 115.44, subdivision
9; 116.011; 325E.389; and 325E.3891, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 8400.0500; 8400.0550; 8400.0600, subparts 4 and 5;
8400.0900, subparts 1, 2, 4, and 5; 8400.1650; 8400.1700; 8400.1750; 8400.1800; and
8400.1900, new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2022, sections 35.155, subdivision 14; 86B.101; 86B.305; and
86B.313, subdivisions 2 and 3, new text end new text begin are repealed.
new text end

new text begin (d) new text end new text begin Minnesota Statutes 2022, section 97C.605, subdivisions 2, 2a, 2b, and 5, new text end new text begin are repealed.
new text end

new text begin (e) new text end new text begin Minnesota Rules, part 6256.0500, subparts 2, 2a, 2b, 4, 5, 6, 7, and 8, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (c) is effective July 1, 2025. Paragraphs (d) and (e)
are effective January 1, 2024.
new text end

ARTICLE 3

STATE LANDS

Section 1.

Minnesota Statutes 2022, section 84.66, subdivision 7, is amended to read:

Subd. 7.

Landowner responsibilities.

The commissioner may enroll eligible land in
the program by signing an easement in recordable form with a landowner in which the
landowner agrees to:

(1) convey to the state a permanent easement that is not subject to any prior title, lien,
or encumbrance new text begin , except for preexisting easements that are acceptable to the commissioner new text end ;
and

(2) manage the land in a manner consistent with the purposes for which the land was
selected for the program and not convert the land to other uses.

Sec. 2. new text begin ADDITIONS TO STATE PARKS.
new text end

new text begin Subdivision 1. new text end

new text begin [85.012] [Subd. 21.] Frontenac State Park, Goodhue County. new text end

new text begin The
following area is added to Frontenac State Park, Goodhue County:
new text end

new text begin That part of the Southeast Quarter of Section 10, Township 112 North, Range 13 West,
and that part of the Southwest Quarter of Section 11, Township 112 North, Range 13
West, Goodhue County, Minnesota, described as follows: Commencing at the northeast
corner of the Southeast Quarter of said Section 10; thence southerly on an assumed
azimuth from North of 189 degrees 34 minutes 33 seconds, along the east line of the
Southeast Quarter of said Section 10, a distance of 1,100.31 feet; thence westerly 269
degrees 34 minutes 33 seconds azimuth, a distance of 80.53 feet to the point of beginning
of the land to be described; thence northerly 340 degrees 42 minutes 19 seconds azimuth,
a distance of 300.00 feet; thence easterly 100 degrees 22 minutes 46 seconds azimuth,
a distance of 286.97 feet to the centerline of County Road Number 2, as now located
and established; thence southerly and southwesterly, along said centerline, to the
intersection with a line drawn southerly 160 degrees 42 minutes 19 seconds azimuth
from the point of beginning; thence northerly 340 degrees 42 minutes 19 seconds azimuth,
a distance of 51.66 feet to the point of beginning.
new text end

new text begin EXCEPT the following described premises:
new text end

new text begin Part of the Northeast Quarter of the Southeast Quarter of Section 10, Township 112
North, Range 13 West, Goodhue County, shown as Parcel 6 on the plat designated as
Goodhue County Right-of-Way Plat No. 23 on file and of record in the Office of the
County Recorder in and for Goodhue County, Minnesota.
new text end

new text begin ALSO EXCEPT the following:
new text end

new text begin Part of the Northwest Quarter of the Southwest Quarter of Section 11, Township 112
North, Range 13 West, Goodhue County, shown as Parcel 1 on the plat designated as
Goodhue County Highway Right-Of-Way Plat No. 24 on file and of record in the Office
of the County Recorder in and for Goodhue County, Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin [85.012] [Subd. 60.] William O'Brien State Park, Washington County. new text end

new text begin The
following area is added to William O'Brien State Park, Washington County:
new text end

new text begin The South Half of the Northwest Quarter, except the East 2 rods thereof, Section 25,
Township 32, Range 20.
new text end

Sec. 3. new text begin ADDITION TO STATE FOREST.
new text end

new text begin [89.021] [Subd. 42a.] Riverlands State Forest. new text end new text begin Those parts of St. Louis County
described as follows are added to Riverlands State Forest:
new text end

new text begin That part of Government Lot 8, Section 30, Township 51 North, Range 19, St. Louis
County, Minnesota, lying northwesterly of the railroad right-of-way.
new text end

Sec. 4. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUPLIC
WATER; AITKIN COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering public
water that is described in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Aitkin County and is described as:
new text end

new text begin The West 16.25 feet of that part of the 32.50-foot-wide road, as delineated on the Plat
of Sugar Lake Addition, according to the plat of record and on file in the Office of the
County Recorder in and for Aitkin County, Minnesota lying northerly of the following
described line: Commencing at the iron monument at the southwest corner of Section
2, Township 45, Range 25, said Aitkin County, Minnesota; thence North 0 degrees 00
minutes 23 seconds West, assumed bearing, 2,020.36 feet along the west line of said
Section 2 to the point of beginning of the line to be described; thence North 89 degrees
59 minutes 37 seconds East 32.50 feet to the west line of Lot 1 said Sugar Lake Addition
and said line there terminating.
new text end

new text begin (d) The land borders Sugar Lake. The Department of Natural Resources has determined
that the land is not needed for natural resource purposes and that the state's land management
interests would best be served if the land was returned to private ownership.
new text end

Sec. 5. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; BECKER COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by public sale the surplus land bordering public
water that is described in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Becker County and is described as:
new text end

new text begin All that part of Government Lot 2, Section 12, Township 139 North, Range 40 West of
the 5th P.M., bounded by the water's edge of Cotton Lake and the following described
lines: Commencing at the North quarter corner of said Section 12, from which the
northwest corner of said section bears North 90 degrees 00 minutes West; thence South
00 degrees 00 minutes East, 325.0 feet; thence North 90 degrees 00 minutes East, 72.0
feet to the point of beginning and the centerline of County State-Aid Highway No. 29;
thence South 25 degrees 52 minutes East, 222.27 feet along the centerline of said
highway; thence North 90 degrees 00 minutes West, 284.0 feet, more or less, to the
water's edge of Cotton Lake and there terminating; and from the point of beginning,
North 90 degrees 00 minutes West, 249.1 feet, more or less, to the water's edge of Cotton
Lake and there terminating.
new text end

new text begin (d) The land borders Cotton Lake and is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would best be served if
the land was returned to private ownership.
new text end

Sec. 6. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; BECKER COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by public sale the surplus land bordering public
water that is described in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Becker County and is described as:
new text end

new text begin Lot 1, Pearl Hill, according to the certified plat on file and of record in the Office of the
Register of Deeds in and for Becker County, Minnesota, and being a part of Government
Lots 2 and 3, Section 13, Township 138 North, Range 42 West.
new text end

new text begin (d) The land borders Pearl Lake and is not contiguous to other state lands. The Department
of Natural Resources has determined that the land is not needed for natural resource purposes
and that the state's land management interests would best be served if the land was returned
to private ownership.
new text end

Sec. 7. new text begin PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER;
CROW WING COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land that is described
in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be conveyed is located in Crow Wing County and is described as:
new text end

new text begin That part of Government Lot 2, Section 11, Township 44, Range 28, Crow Wing County,
Minnesota, described as follows: Commencing at the southeast corner of said Government
Lot 2; thence South 89 degrees 08 minutes 05 seconds West, assumed bearing along the
south line of said Government Lot 2 a distance of 203.73 feet to the westerly right-of-way
of State Highway No. 18; thence North 24 degrees 13 minutes 27 seconds West, along
said westerly right-of-way 692.40 feet, to the point of beginning; thence continuing
North 24 degrees 13 minutes 27 seconds West along said westerly right-of-way 70.31
feet; thence North 89 degrees 25 minutes 27 seconds West 90.00 feet; thence South 11
degrees 16 minutes 29 seconds East 87.00 feet; thence North 78 degrees 43 minutes 31
seconds East 103.84 feet to the point of beginning. Said parcel contains 0.17 acres of
land, more or less, and is subject to existing easements of record.
new text end

new text begin (d) The tax parcel from which the land will be split borders Borden Lake, but the land
to be sold does not border Borden Lake. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes and that the state's land
management interests would best be served if the land were returned to private ownership.
new text end

Sec. 8. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ITASCA COUNTY.
new text end

new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, Itasca County may sell by private sale the tax-forfeited land
described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end

new text begin (c) The land to be sold is located in Itasca County and is described as: the Northwest
Quarter of the Southeast Quarter, Section 25, Township 56, Range 25 (parcel identification
number 02-025-4200).
new text end

new text begin (d) The county has determined that the county's land management interests would best
be served if the lands were returned to private ownership.
new text end

Sec. 9. new text begin PUBLIC OR PRIVATE SALE OF SURPLUS STATE LAND BORDERING
PUBLIC WATER; KANDIYOHI COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by public or private sale the surplus land that
is described in paragraph (c), subject to the state's reservation of a perpetual flowage
easement.
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Kandiyohi County and is described as:
new text end

new text begin Lots 18 and 19 of First Addition to Walleye Beach, according to the plat thereof on file
and of record in the Office of the Register of Deeds in and for Kandiyohi County,
Minnesota.
new text end

new text begin (d) The land borders Florida Lake and is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would best be served if
the land was returned to private ownership.
new text end

Sec. 10. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; KOOCHICHING
COUNTY.
new text end

new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
any other law to the contrary, Koochiching County may sell by private sale the tax-forfeited
lands described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end

new text begin (c) The land to be sold is located in Koochiching County and is described as:
new text end

new text begin That part of Lot 53, Plat of Riverview Acres, according to the recorded plat thereof on
file in the Office of the County Recorder, Koochiching County, Minnesota, lying
northwesterly of the following described line: Commencing at the northwest corner of
said Lot 53; thence South 89 degrees 59 minutes 47 seconds East 31.00 feet along the
north line of said Lot 53 to the point of beginning of the line to be described; thence
South 67 degrees 10 minutes 42 seconds West 33.51 feet to the west line of said Lot 53
and there terminating. Said parcel contains 200 square feet, more or less.
new text end

new text begin (d) The county has determined that the county's land management interests would best
be served if the lands were returned to private ownership.
new text end

Sec. 11. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, St. Louis County may sell by private sale the tax-forfeited land
described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end

new text begin (c) The land to be sold is located in St. Louis County and is described as:
new text end

new text begin Lot 6, Block 12, Chambers First Division of Duluth (parcel number 010-0460-00660).
new text end

new text begin (d) The county has determined that the county's land management interests would best
be served if the land was returned to private ownership to resolve a structure encroachment.
new text end

Sec. 12. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, St. Louis County may sell by private sale the tax-forfeited land
described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end

new text begin (c) The land to be sold is located in St. Louis County and is described as:
new text end

new text begin The West 3 feet of the North 20 feet of Lot 87, Block 75, Duluth Proper Third Division
(parcel number 010-1310-01945).
new text end

new text begin (d) The county has determined that the county's land management interests would best
be served if the land was returned to private ownership to resolve a structure encroachment.
new text end

Sec. 13. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, St. Louis County may sell by private sale the tax-forfeited land
described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end

new text begin (c) The land to be sold is located in St. Louis County and is described as:
new text end

new text begin Lot 90, except the North 100 feet and except the East Half of the South 50 feet of Lot
90 and except the West 6 feet of the South 50 feet of the West Half of Lot 90, Block 75,
Duluth Proper Third Division (parcel number 010-1310-02125).
new text end

new text begin (d) The county has determined that the county's land management interests would best
be served if the land was returned to private ownership to resolve a structure encroachment.
new text end

Sec. 14. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, St. Louis County may sell by private sale the tax-forfeited land
described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end

new text begin (c) The land to be sold is located in St. Louis County and is described as:
new text end

new text begin Block 11, Endion Park Division of Duluth (parcel number 010-1490-00860).
new text end

new text begin (d) The county has determined that the county's land management interests would best
be served if the land was returned to private ownership to resolve a structure encroachment.
new text end

Sec. 15. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, St. Louis County may sell by private sale the tax-forfeited lands
described in paragraph (c).
new text end

new text begin (b) The conveyances must be in a form approved by the attorney general. The attorney
general may make changes to the land descriptions to correct errors and ensure accuracy.
new text end

new text begin (c) The lands to be sold are located in St. Louis County and are described as:
new text end

new text begin (1) Lots 52, 54, and 56, Fond Du Lac Fourth Street Duluth (parcel number
010-1620-01260);
new text end

new text begin (2) Lots 58 and 60, Fond Du Lac Fourth Street Duluth (parcel number 010-1620-01290);
new text end

new text begin (3) Lots 21 thru 39, odd numbers, and Lot 41 except the North 52 feet, and except the
North 52 feet of Lots 43, 45, and 47, and Lots 49 and 51 except that part lying North of a
line drawn from a point on the westerly line of Lot 49 and 52 feet South of the northwest
corner to a point on the easterly line of Lot 51 38.1 feet South of the northeast corner, and
all of Lots 53, 55, 57, and 59, and except that part of Lots 21 thru 39, odd numbered lots,
lying 20 feet northerly and 20 feet southerly of a line beginning at a point on the west line
of Lot 21 13.56 feet South of the northwest corner of Lot 21; thence to a point 54.83 feet
South of the northeast corner along the east line of Lot 39, and except the southerly 46 feet
of the northerly 98 feet of Lots 41, 43, and 45, and except that part of Lots 47 thru 57, odd
numbered lots, described as beginning at a point on the west line of Lot 47 52 feet South
of the northwest corner of Lot 47; thence easterly 40 feet to a point on the east line of Lot
47 52 feet South of the northeast corner of Lot 47; thence northeasterly 81.22 feet to a point
on the east line of Lot 51 38.1 feet South of the northeast corner of Lot 51; thence North
17.3 feet to a point on the east line of Lot 51 20.8 feet South of the northeast corner of Lot
51; thence northeasterly 82.68 feet to the northwest corner of Lot 57; thence East 40 feet
to the northeast corner of Lot 57; thence South 64.1 feet along the east line of Lot 57; thence
southwesterly 242.22 feet to a point on the west line of Lot 47 98 feet South of the northwest
corner of Lot 47; thence North 46 feet along the west line of Lot 47 to the point of beginning,
and except Lot 59, and except that part of Lots 25, 27, 29, 31, 33, 35, 37, and 39 lying
southerly of a line run parallel with and distant 20 feet southerly of the following described
line: beginning at a point on the west line of Lot 21, distant 13.56 feet South of the northwest
corner thereof; thence southeasterly to a point on the east line of said Lot 39, distant 54.83
feet South of the northeast corner thereof and there terminating, Fond Du Lac Fourth Street
Duluth (parcel number 010-1620-00290); and
new text end

new text begin (4) that part of Lots 21 thru 39, odd numbered lots, lying 20 feet northerly and 20 feet
southerly of a line beginning at a point on the west line of Lot 21 13.56 feet South of the
northwest corner of Lot 21; thence to a point 54.83 feet South of the northeast corner along
the east line of Lot 39 and the southerly 46 feet of the northerly 98 feet of Lots 41, 43, and
45, and that part of Lots 47 thru 57, odd numbered lots, described as beginning at a point
on the west line of Lot 47 52 feet South of the northwest corner of Lot 47; thence easterly
40 feet to a point on the east line of Lot 47 52 feet South of the northeast corner of Lot 47;
thence northeasterly 81.22 feet to a point on the east line of Lot 51 38.1 feet South of the
northeast corner of Lot 51; thence North 17.3 feet to a point on the east line of Lot 51 20.8
feet South of the northeast corner of Lot 51; thence northeasterly 82.68 feet to the northwest
corner of Lot 57; thence East 40 feet to the northeast corner of Lot 57; thence South 64.1
feet along the east line of Lot 57; thence southwesterly 242.22 feet to a point on the west
line of Lot 47 98 feet South of the northwest corner of Lot 47; thence North 46 feet along
the west line of Lot 47 to the point of beginning, and Lot 59, Fond Du Lac Fourth Street
Duluth (parcel number 010-1620-00291).
new text end

new text begin (d) The county has determined that the county's land management interests would best
be served if the lands were returned to private ownership for the Mission Creek Cemetery.
new text end

Sec. 16. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, St. Louis County may sell by private sale the tax-forfeited lands
described in paragraph (c).
new text end

new text begin (b) The conveyances must be in a form approved by the attorney general. The attorney
general may make changes to the land descriptions to correct errors and ensure accuracy.
new text end

new text begin (c) The lands to be sold are located in St. Louis County and are described as:
new text end

new text begin (1) Lot 28, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01140);
new text end

new text begin (2) Lot 30, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01150);
new text end

new text begin (3) Lot 32, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01160);
new text end

new text begin (4) Lot 34, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01170);
new text end

new text begin (5) Lot 36, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01180);
new text end

new text begin (6) Lot 38, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01190);
new text end

new text begin (7) Lots 40 thru 48, even numbered lots, Fond Du Lac Fourth Street Duluth (part of
parcel number 010-1620-01200); and
new text end

new text begin (8) Lot 50, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01250).
new text end

new text begin (d) The county has determined that the county's land management interests would best
be served if the lands were returned to private ownership for the Mission Creek Cemetery.
new text end

Sec. 17. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, St. Louis County may sell by private sale the tax-forfeited land
described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end

new text begin (c) The land to be sold is located in St. Louis County and is described as:
new text end

new text begin The South Half of Section 31, Township 50, Range 20, Town of Fine Lakes (part of
parcel number 355-0010-04960).
new text end

new text begin (d) The county has determined that the county's land management interests would best
be served if the land was returned to private ownership to resolve a structure encroachment.
new text end

Sec. 18. new text begin PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER;
SHERBURNE COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering public
water that is described in paragraph (c) for less than market value.
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be conveyed is located in Sherburne County and is described as:
new text end

new text begin That part of Government Lot 6, Section 31, Township 34 North, Range 27 West,
Sherburne County, Minnesota, described as follows: Commencing at the most northerly
corner of Outlot A, Eagle Lake Estates, according to the plat thereof on file and of record
in the Office of the County Recorder in and for Sherburne County, Minnesota, being an
existing iron monument with an aluminum cap stamped "Judicial Landmark 16095"
(JLM); thence southwesterly 146.20 feet along the easterly line of said Outlot A on a
curve concave to the southeast, having a central angle of 14 degrees 41 minutes 15
seconds, radius of 570.32 feet, and a chord bearing of South 29 degrees 12 minutes 20
seconds West, to a JLM; thence South 21 degrees 51 minutes 43 seconds West, along
said easterly line, 196.53 feet to the point of beginning; thence continuing South 21
degrees 51 minutes 43 seconds West, along said easterly line, 35.00 feet to a JLM; thence
South 89 degrees 38 minutes 17 seconds East, along the northerly line of said Outlot A,
87 feet, more or less, to the water's edge of Eagle Lake; thence northerly along said
water's edge, 45 feet, more or less, to a line bearing North 80 degrees 55 minutes 20
seconds East from the point of beginning; thence South 80 degrees 55 minutes 20 seconds
West 70 feet, more or less, to the point of beginning.
new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would best be
served if the land were returned to private ownership.
new text end

Sec. 19. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 11 to 18 are effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: S2438-1

35.155 FARMED CERVIDAE.

Subd. 14.

Concurrent authority; regulating farmed white-tailed deer.

(a) The commissioner of natural resources and the Board of Animal Health possess concurrent authority to regulate farmed white-tailed deer under this section, sections 35.92 to 35.96, and any administrative rules adopted pursuant to this section or sections 35.92 to 35.96. This does not confer to the commissioner any additional authorities under chapter 35, other than those set forth in sections 35.155 and 35.92 to 35.96, and any administrative rules adopted thereto.

(b) By February 1, 2022, the commissioner of natural resources, in conjunction with the Board of Animal Health, must submit a report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over the environment and natural resources and agriculture on the implementation of the concurrent authority under this section. The report must include:

(1) a summary of how the agencies worked together under this section, including identification of any challenges;

(2) an assessment of ongoing challenges to managing chronic wasting disease in this state; and

(3) recommendations for statutory and programmatic changes to help the state better manage the disease.

86B.101 WATERCRAFT SAFETY PROGRAM.

Subdivision 1.

Safety program.

The commissioner shall continue and expand the comprehensive boat safety and education program. The commissioner shall cooperate with boaters, governmental subdivisions, state agencies, other states, and the federal government in the operation of the program.

Subd. 2.

Youth watercraft safety course.

(a) The commissioner shall establish an educational course and a testing program for personal watercraft and watercraft operators and for persons age 12 or older but younger than age 18 required to take the watercraft safety course. The commissioner shall prescribe a written test as part of the course. A personal watercraft educational course and testing program that emphasizes safe and legal operation must be required for persons age 13 or older but younger than age 18 operating personal watercraft.

(b) The commissioner shall issue a watercraft operator's permit to a person age 12 or older but younger than age 18 who successfully completes the educational program and the written test.

Subd. 3.

Operator's permit.

The commissioner shall issue a watercraft operator's permit to a person who successfully qualifies for a watercraft operator's permit under the boat safety education program.

Subd. 4.

Boat safety education program; reciprocity with other states.

The commissioner may enter into reciprocity agreements or otherwise certify boat safety education programs from other states that are substantially similar to in-state programs. The commissioner shall issue a watercraft operator's permit to a person who provides proof of completion of a program subject to a reciprocity agreement or certified as substantially similar.

86B.305 YOUTH OPERATORS.

Subdivision 1.

Under age 12.

(a) Except in case of an emergency, a person under age 12 may not operate or be allowed to operate a watercraft propelled by a motor with a factory rating of more than 25 horsepower unless there is present in the watercraft, in addition to the operator, at least one person age 21 or older who is within immediate reach of the controls of the motor. For purposes of section 169A.20, the person age 21 or older, as well as the actual operator, is in physical control of the motorboat.

(b) A person under age 12 may not operate or be allowed to operate a watercraft propelled by a motor with a factory rating of more than 75 horsepower.

Subd. 2.

Age 12 to 17; permit required.

Except as provided in this subdivision, a person age 12 or older and younger than age 18 may not operate a motorboat powered by a motor over 25 horsepower without possessing a valid watercraft operator's permit from this state or from the operator's state of residence unless there is a person age 21 or older in the motorboat who is within immediate reach of the controls of the motor. For purposes of section 169A.20, the person age 21 or older, as well as the actual operator, is in physical control of the motorboat.

Subd. 3.

Owners may not allow certain uses.

An owner of a watercraft may not allow a watercraft to be operated contrary to the provisions of subdivision 2.

86B.313 PERSONAL WATERCRAFT; REGULATIONS.

Subd. 2.

Age of operator.

Except in the case of an emergency, a person under the age of 13 years may not operate or be permitted to operate a personal watercraft, regardless of horsepower. It is unlawful for the owner of a personal watercraft to permit the personal watercraft to be operated contrary to this subdivision.

Subd. 3.

Operator's permit; adult supervision.

Except in the case of an emergency, a person 13 years of age or over but less than 18 years of age may not operate a personal watercraft, regardless of horsepower, without possessing a valid watercraft operator's permit as required by section 86B.305, unless there is a person 21 years of age or older on board the craft. In addition to the permit requirement, a person 13 years of age operating a personal watercraft must remain under visual supervision by a person who is 21 years of age or older. An owner of a personal watercraft may not permit the personal watercraft to be operated contrary to this subdivision.

97C.605 TURTLES.

Subd. 2.

Turtle seller's license.

(a) A person may not take, possess, buy, or transport turtles for sale; sell turtles; or take turtles for sale using commercial equipment without a turtle seller's license, except as provided in subdivision 2c.

(b) Except for renewals, no new turtle seller's licenses may be issued after August 1, 2002.

(c) A turtle seller's license is transferable by the turtle seller licensee by making application to the commissioner. A turtle seller's license may be transferred only once under this paragraph and the transfer must be to a child of the person holding the turtle seller's license.

Subd. 2a.

Recreational turtle license.

A person who does not possess a turtle seller's license must obtain a recreational turtle license to take turtles for personal use with commercial equipment.

Subd. 2b.

Turtle seller's apprentice license.

(a) A person with a turtle seller's license may list one person as an apprentice on the license. A person acting as an apprentice for a turtle seller licensee must have an apprentice license and may assist the turtle licensee in all licensed activities.

(b) The turtle seller licensee or turtle seller's apprentice licensee must be present at all turtle operations conducted under the turtle seller's license. Turtle operations include going to and from turtle harvest locations; setting, lifting, and removing commercial turtle equipment; taking turtles out of equipment; and transporting turtles from harvest locations.

(c) A turtle seller's apprentice license is transferable by the turtle seller licensee by making application to the commissioner. A person listed as an apprentice by a turtle seller licensee must not be listed as an apprentice by another turtle seller licensee nor may an apprentice possess a turtle seller's license or a recreational turtle license.

Subd. 5.

Interfering with commercial or recreational turtle operations.

A person may not:

(1) knowingly place or maintain an obstruction that will hinder, prevent, or interfere with a licensed turtle operation;

(2) remove turtles, other wild animals, or fish from a floating or submerged trap licensed under the game and fish laws; or

(3) knowingly damage, disturb, or interfere with a licensed turtle operation.

103C.501 COST-SHARING CONSERVATION CONTRACTS FOR EROSION CONTROL AND WATER MANAGEMENT.

Subd. 2.

Request by district board.

A district board requesting funds of the state board must submit an application in a form prescribed by the board containing:

(1) a comprehensive plan;

(2) an annual work plan; and

(3) an application for cost-sharing funds.

Subd. 3.

Approving application.

If the state board approves the comprehensive plan, including the plan's most recent amendment, the annual work plan, and the application of the district, the state board shall determine the specific amount of funds to allocate to the district for cost-sharing contracts.

115.44 CLASSIFICATION OF WATERS; STANDARDS OF QUALITY AND PURITY.

Subd. 9.

Annual report.

(a) By January 15 each year, the commissioner shall post on the Pollution Control Agency's website a report on the agency's activities the previous calendar year to implement standards and classification requirements into national pollutant discharge elimination system and state disposal system permits held by municipalities. The report must include:

(1) a summary of permits issued or reissued over the previous calendar year, including any changes to permitted effluent limits due to water quality standards adopted or revised during the previous permit term;

(2) highlights of innovative approaches employed by the agency and municipalities to develop and achieve permit requirements in a cost-effective manner;

(3) a summary of standards development and water quality rulemaking activities over the previous calendar year, including economic analyses;

(4) a summary of standards development and water quality rulemaking activities anticipated for the next three years, including economic analyses;

(5) a process and timeframe for municipalities to provide input to the agency regarding their needs based on the information provided in the report; and

(6) a list of anticipated permitting initiatives in the next calendar year that may impact municipalities and the agency's plan for involving the municipalities throughout the planning and decision-making process. The plan must include opportunities for input and public comment from municipalities on rulemaking initiatives prior to preparation of a statement of need and reasonableness required under section 14.131. The commissioner must ensure the agency's plan under this clause is implemented.

(b) For the purposes of this section, "economic analyses" must include assessments of the potential costs to regulated municipalities associated with water quality standards or rules proposed by the agency.

116.011 POLLUTION REPORT.

A goal of the Pollution Control Agency is to reduce the amount of pollution that is emitted in the state. By April 1 of each even-numbered year, the Pollution Control Agency shall report the best estimate of the agency of the total volume of water and air pollution that was emitted in the state in the previous two calendar years for which data are available. The agency shall report its findings for both water and air pollution:

(1) in gross amounts, including the percentage increase or decrease over the previously reported two calendar years; and

(2) in a manner which will demonstrate the magnitude of the various sources of water and air pollution.

325E.389 ITEMS CONTAINING LEAD PROHIBITED.

Subdivision 1.

Definitions.

For purposes of this section, the following definitions apply.

(a) "Body piercing jewelry" means any part of jewelry that is manufactured or sold for placement in a new piercing or a mucous membrane, but does not include any part of that jewelry that is not placed within a new piercing or a mucous membrane.

(b) "Children" means children age six and younger.

(c) "Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to children. For purposes of this section, children's jewelry includes, but is not limited to, jewelry that meets any of the following conditions:

(1) is represented in its packaging, display, or advertising as appropriate for use by children;

(2) is sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children;

(3) is sized for children and not intended for use by adults; or

(4) is sold in any of the following:

(i) a vending machine;

(ii) retail store, catalog, or website in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or

(iii) a discrete portion of a retail store, catalog, or website in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.

(d) "Class 1 material" means any of the following materials:

(1) stainless or surgical steel;

(2) karat gold;

(3) sterling silver;

(4) platinum, palladium, iridium, ruthenium, rhodium, or osmium;

(5) natural or cultured pearls;

(6) glass, ceramic, or crystal decorative components including cat's eye; cubic zirconia, including cubic zirconium or CZ; rhinestones; and cloisonne;

(7) a gemstone that is cut and polished for ornamental purposes, except that the following gemstones are not Class 1 materials: aragonite, bayldonite, boleite, cerussite, crocoite, ekanite, linarite, mimetite, phosgenite, samarskite, vanadinite, and wulfenite;

(8) elastic, fabric, ribbon, rope, or string, unless it contains intentionally added lead and is listed as a Class 2 material;

(9) all natural decorative material including amber, bone, coral, feathers, fur, horn, leather, shell, and wood that is in its natural state and is not treated in a way that adds lead; or

(10) adhesive.

(e) "Class 2 material" means any of the following materials:

(1) electroplated metal that meets the following standards:

(i) on and before August 30, 2009, a metal alloy with less than ten percent lead by weight that is electroplated with suitable under and finish coats; or

(ii) on and after August 31, 2009, a metal alloy with less than six percent lead by weight that is electroplated with suitable under and finish coats;

(2) unplated metal with less than 1.5 percent lead that is not otherwise listed as a Class 1 material;

(3) plastic or rubber including acrylic, polystyrene, plastic beads and stones, and polyvinyl chloride (PVC) that meets the following standards:

(i) on and before August 30, 2009, less than 0.06 percent (600 parts per million) lead by weight; and

(ii) on and after August 31, 2009, less than 0.02 percent (200 parts per million) lead by weight; and

(4) a dye or surface coating containing less than 0.06 percent (600 parts per million) lead by weight.

(f) "Class 3 material" means any portion of jewelry that meets both of the following criteria:

(1) is not a Class 1 or Class 2 material; and

(2) contains less than 0.06 percent (600 parts per million) lead by weight.

(g) "Component" means any part of jewelry.

(h) "EPA reference methods 3050B (Acid Digestion of Sediments, Sludges, and Soils) or 3051 (Microwave Assisted Digestion/Sludge, Soils)" means those test methods incorporated by reference in Code of Federal Regulations, title 40, section 260.11, paragraph (11), subdivision (a).

(i) "Jewelry" means:

(1) any of the following ornaments worn by a person: anklet, arm cuff, bracelet, brooch, chain, crown, cuff link, decorated hair accessories, earring, necklace, pin, ring, or body piercing jewelry; or

(2) any bead, chain, link, pendant, or other component of such an ornament.

(j) "Surface coating" means a fluid, semifluid, or other material, with or without a suspension of finely divided coloring matter, that changes to a solid film when a thin layer is applied to a metal, wood, stone, paper, leather, cloth, plastic, or other surface. Surface coating does not include a printing ink or a material that actually becomes a part of the substrate including, but not limited to, pigment in a plastic article or a material that is actually bonded to the substrate, such as by electroplating or ceramic glazing.

Subd. 2.

Sale prohibited.

(a) No person shall manufacture any jewelry that is offered for sale in Minnesota unless the jewelry is made entirely from a Class 1, Class 2, or Class 3 material, or any combination thereof.

(b) No person shall offer for sale, sell, label, or distribute for free any jewelry represented to contain safe levels of lead, unless the jewelry is made entirely from a Class 1, Class 2, or Class 3 material, or any combination thereof.

(c) Notwithstanding paragraph (a), no person shall manufacture any children's jewelry that is offered for sale in Minnesota unless the children's jewelry is made entirely from one or more of the following materials:

(1) a nonmetallic material that is a Class 1 material;

(2) a nonmetallic material that is a Class 2 material;

(3) a metallic material that is either a Class 1 material or contains less than 0.06 percent (600 parts per million) lead by weight;

(4) glass or crystal decorative components that weigh in total no more than one gram, excluding any glass or crystal decorative component that contains less than 0.02 percent (200 parts per million) lead by weight and has no intentionally added lead;

(5) printing ink or ceramic glaze that contains less than 0.06 percent (600 parts per million) lead by weight; or

(6) Class 3 material that contains less than 0.02 percent (200 parts per million) lead by weight.

(d) Notwithstanding paragraph (b), no person shall offer for sale, sell, distribute for free, or label any jewelry as children's jewelry represented to contain safe levels of lead, unless the jewelry is made entirely from one or more of the following materials:

(1) a nonmetallic material that is a Class 1 material;

(2) a nonmetallic material that is a Class 2 material;

(3) a metallic material that is either a Class 1 material or contains less than 0.06 percent (600 parts per million) lead by weight;

(4) glass or crystal decorative components that weigh in total no more than one gram, excluding any glass or crystal decorative component that contains less than 0.02 percent (200 parts per million) lead by weight and has no intentionally added lead;

(5) printing ink or ceramic glaze that contains less than 0.06 percent (600 parts per million) lead by weight; or

(6) Class 3 material that contains less than 0.02 percent (200 parts per million) lead by weight.

(e) Notwithstanding paragraph (a), no person shall manufacture any body piercing jewelry that is offered for sale in Minnesota unless the body piercing jewelry is made of one or more of the following materials:

(1) surgical implant stainless steel; or

(2) surgical implant grade of titanium, niobium (Nb), solid 14-karat or higher white or yellow nickel-free gold, solid platinum, or a dense low-porosity plastic including, but not limited to, Tygon or polytetrafluoroethylene (PTFE), if the plastic contains no intentionally added lead.

(f) No person shall offer for sale, sell, label, or distribute for free any body piercing jewelry represented to contain safe levels of lead unless the body piercing jewelry is made of one or more of the following materials:

(1) surgical implant stainless steel; or

(2) surgical implant grade of titanium, niobium (Nb), solid 14-karat or higher white or yellow nickel-free gold, solid platinum, or a dense low-porosity plastic including, but not limited to, Tygon or polytetrafluoroethylene (PTFE), if the plastic contains no intentionally added lead.

(g) The prohibitions under this section do not apply to sales or free distribution of jewelry by a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code or to isolated and occasional sales of jewelry not made in the normal course of business.

Subd. 3.

Testing methods.

(a) The testing methods for determining compliance with this section must be conducted using EPA reference method 3050B or 3051 for the material being tested, except as otherwise provided in subdivision 4 and in accordance with all of the following procedures:

(1) when preparing a sample, the laboratory shall make every effort to ensure that the sample removed from a jewelry piece is representative of the component to be tested, and is free of contamination from extraneous dirt and material not related to the component to be tested;

(2) all component samples must be washed before testing using standard laboratory detergent, rinsed with laboratory reagent-grade deionized water, and dried in a clean ambient environment;

(3) if a component is required to be cut or scraped to obtain a sample, the metal snips, scissors, or other cutting tools used for the cutting or scraping must be made of stainless steel and washed and rinsed before each use and between samples;

(4) a sample must be digested in a container that is known to be free of lead and with the use of an acid that is not contaminated by lead, including analytical reagent-grade digestion acids and reagent-grade deionized water;

(5) method blanks, consisting of all reagents used in sample preparation handled, digested, and made to volume in the same exact manner and in the same container type as samples, must be tested with each group of 20 or fewer samples tested; and

(6) the results for the method blanks must be reported with each group of sample results and must be below the stated reporting limit for sample results to be considered valid.

(b) A material does not meet an applicable lead standard set forth in this section if any of the following occurs:

(1) the mean lead level of one or two samples of the material exceeds 300 percent of the applicable limit for a component;

(2) the mean lead level of three samples of the material exceeds 200 percent of the applicable limit for a component; or

(3) the mean lead level of four or more samples of the material exceeds the applicable limit for a component.

Subd. 4.

Additional testing procedures.

In addition to the requirements of subdivision 3, the following procedures must be used for testing the following materials:

(1) for testing a metal plated with suitable undercoats and finish coats, the following protocols must be observed:

(i) digestion must be conducted using hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide;

(ii) the sample size must be 0.050 gram to one gram;

(iii) the digested sample may require dilution prior to analysis;

(iv) the digestion and analysis must achieve a reported detection limit no greater than 0.1 percent for samples; and

(v) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument;

(2) for testing unplated metal and metal substrates that are not a Class 1 material, the following protocols must be observed:

(i) digestion must be conducted using hot concentrated nitric acid with the option of using hydrochloric acid and hydrogen peroxide;

(ii) the sample size must be 0.050 gram to one gram;

(iii) the digested sample may require dilution prior to analysis;

(iv) the digestion and analysis must achieve a reported detection limit no greater than 0.01 percent for samples; and

(v) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument;

(3) for testing polyvinyl chloride (PVC), the following protocols must be observed:

(i) the digestion must be conducted using hot concentrated nitric acid with the option of using hydrochloric acid and hydrogen peroxide;

(ii) the sample size must be a minimum of 0.05 gram if using microwave digestion or 0.5 gram if using hotplate digestion, and must be chopped or comminuted prior to digestion;

(iii) digested samples may require dilution prior to analysis;

(iv) digestion and analysis must achieve a reported detection limit no greater than 0.001 percent (10 parts per million) for samples; and

(v) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument;

(4) for testing plastic or rubber that is not polyvinyl chloride (PVC), including acrylic, polystyrene, plastic beads, or plastic stones, the following protocols must be observed:

(i) the digestion must be conducted using hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide;

(ii) the sample size must be a minimum of 0.05 gram if using microwave digestion or 0.5 gram if using hotplate digestion, and must be chopped or comminuted prior to digestion;

(iii) plastic beads or stones must be crushed prior to digestion;

(iv) digested samples may require dilution prior to analysis;

(v) digestion and analysis must achieve a reported detection limit no greater than 0.001 percent (10 parts per million) for samples; and

(vi) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument;

(5) for testing coatings on glass and plastic pearls, the following protocols must be observed:

(i) the coating of glass or plastic beads must be scraped onto a surface free of dust, including a clean weighing paper or pan, using a clean stainless steel razor blade or other clean sharp instrument that will not contaminate the sample with lead. The substrate pearl material must not be included in the scrapings;

(ii) the razor blade or sharp instrument must be rinsed with deionized water, wiped to remove particulate matter, rinsed again, and dried between samples;

(iii) the scrapings must be weighed and not less than 50 micrograms of scraped coating must be used for analysis. If less than 50 micrograms of scraped coating is obtained from an individual pearl, multiple pearls from that sample must be scraped and composited to obtain a sufficient sample amount;

(iv) the number of pearls used to make the composite must be noted;

(v) the scrapings must be digested according to EPA reference method 3050B or 3051 or an equivalent procedure for hot acid digestion in preparation for trace lead analysis;

(vi) the digestate must be diluted in the minimum volume practical for analysis;

(vii) the digested sample must be analyzed according to specification of an approved and validated methodology for inductively coupled plasma mass spectrometry;

(viii) a reporting limit of 0.001 percent (10 parts per million) in the coating must be obtained for the analysis; and

(ix) the sample result must be reported within the calibrated range of the instrument. If the initial test of the sample is above the highest calibration standard, the sample must be diluted and reanalyzed within the calibrated range of the instrument;

(6) for testing dyes, paints, coatings, varnish, printing inks, ceramic glazes, glass, or crystal, the following testing protocols must be observed:

(i) the digestion must use hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide;

(ii) the sample size must be not less than 0.050 gram, and must be chopped or comminuted prior to digestion;

(iii) the digested sample may require dilution prior to analysis;

(iv) the digestion and analysis must achieve a reported detection limit no greater than 0.001 percent (10 parts per million) for samples; and

(v) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument; and

(7) for testing glass and crystal used in children's jewelry, the following testing protocols for determining weight must be used:

(i) a component must be free of any extraneous material, including adhesive, before it is weighed;

(ii) the scale used to weigh a component must be calibrated immediately before the components are weighed using S-class weights of one and two grams, as certified by the National Institute of Standards and Technology (NIST) of the United States Department of Commerce; and

(iii) the calibration of the scale must be accurate to within 0.01 gram.

325E.3891 CADMIUM IN CHILDREN'S JEWELRY.

Subdivision 1.

Definitions.

(a) As used in this section, the term:

(1) "accessible" has the meaning given in section 3.1.2 of the ASTM International Safety Specification on Toy Safety, F-963;

(2) "child" means an individual who is six years of age or younger; and

(3) "children's jewelry" shall have the meaning set forth in section 325E.389, subdivision 1, paragraph (c).

Subd. 2.

Prohibitions.

Cadmium in any surface coating or accessible substrate material of metal or plastic components of children's jewelry shall not exceed 75 parts per million, as determined through solubility testing for heavy metals defined in the ASTM International Safety Specification on Toy Safety, ASTM standard F-963 and subsequent versions of this standard, if the product is sold in this state unless this requirement is superseded by a federal standard regulating cadmium in children's jewelry. This section shall not regulate any product category for which an existing federal standard regulates cadmium exposure in surface coatings and accessible substrate materials as required under ASTM F-963.

Subd. 3.

Manufacturer or wholesaler.

No manufacturer or wholesaler may sell or offer for sale in this state children's jewelry that fails to meet the requirements of subdivision 2.

Subd. 4.

Retailer.

No retailer may sell or offer for sale in this state children's jewelry that fails to meet the requirements of subdivision 2. This subdivision does not apply to sales or free distribution of jewelry by a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code or to isolated and occasional sales of jewelry not made in the normal course of business.

Subd. 5.

Enforcement.

The attorney general shall enforce this section under section 8.31.

Repealed Minnesota Rule: S2438-1

6256.0500 TAKING TURTLES.

Subp. 2.

Equipment.

Turtles may be taken by a person possessing a turtle seller's, turtle seller's apprentice, or recreational turtle license by means of floating or submerged turtle traps, turtle hooks, and other commercial fishing gear authorized by the commissioner. Traps must not exceed five feet in width, four feet in height, and eight feet in length.

Subp. 2a.

Submerged turtle traps.

Submerged traps must be constructed of either flexible webbing or wire. Flexible webbing traps must be of mesh size not less than 3-1/2 inches bar measure or seven inches stretch measure. Wire traps must be of mesh size not less than two inches by four inches bar measure and must have at least one square opening in the top panel measuring at least four inches on a side and two of the same dimension on each of the side panels near the top of the trap. A trap must be set in water shallow enough so that the top of the trap is at least level with the water surface.

Subp. 2b.

Floating turtle traps.

Floating traps must have: (1) one or more openings above the water surface that measure at least ten inches by four inches; and (2) a mesh size of not less than one-half inch bar measure.

Subp. 4.

Operation of turtle trap.

Each submerged trap must be checked and emptied at intervals not exceeding 48 hours and each floating trap must be checked and emptied at intervals not exceeding 120 hours. A turtle seller licensee or turtle seller's apprentice operating under a turtle seller's license may not operate more than 40 submerged turtle traps. A turtle seller's apprentice is not entitled to any traps in addition to those of the turtle seller. A recreational turtle licensee may not operate more than three turtle traps.

Subp. 5.

Required marking of turtle traps.

A.

When in use, each turtle trap must have affixed on it a tag of permanent material visible from above, legibly bearing the name, address, and license number of the operator. This information must be recorded in an indelible manner on the tag. The tag must be of dimensions not less than 2-1/2 inches in length by five-eighths inch in width.

B.

The commissioner shall issue 40 submerged turtle trap identification tags to a turtle seller licensee and three recreational turtle trap identification tags to a recreational turtle licensee. Tags must be attached to submerged and recreational traps at all times. Lost tags must be reported within 48 hours to the local conservation officer or the commercial fisheries program consultant. The commissioner may reissue tags upon request.

Subp. 6.

Turtles taken incidental to other operations.

Turtles listed in subpart 1 that are taken incidental to other commercial fishing operations may be possessed, transported, and sold, provided the operator is a holder of a turtle seller's license.

Subp. 7.

Required reporting by turtle seller; record keeping.

A.

A holder of a turtle seller's license must submit reports, on forms provided by the commissioner, to the address identified on the form by the tenth day of each month for the preceding month for the months of March through November, whether or not any equipment was used to take turtles.

B.

In the report required in item A, the licensee must record daily operations, including separate entries for each water body. The records must include water body location, equipment used, numbers and pounds of each species of turtles taken, numbers of each species of turtles released at that water body, and other information about the operation as specified on the form provided by the commissioner. The records must be kept current within 48 hours of the last daily operation.

C.

A license shall not be renewed until all of the licensee's monthly reports for the previous calendar year are submitted and received at the address identified on the form.

Subp. 8.

Report on buying turtles for resale.

A licensee who buys turtles for resale or for processing and resale must keep a correct and complete book record of all transactions and activities covered in the license, not inconsistent with Minnesota Statutes, section 97A.425. Copies of the shipping documents for turtles being sent out of state must be part of and included with the monthly reports required under subpart 7.

8400.0500 MAXIMUM COST-SHARE RATES.

The maximum cost-share rates established by the state board represent the maximum percent or amount of the total cost of a conservation practice that may be funded using state cost-share funds.

8400.0550 RECORDING CONSERVATION PRACTICES.

The state board may determine that long-term maintenance of a conservation practice is desirable and may require that maintenance be made a covenant upon the land for the effective life of the practice. A covenant under this part shall be construed in the same manner as a conservation restriction under Minnesota Statutes, section 84.65.

8400.0600 STATE BOARD ALLOCATION OF FUNDS TO DISTRICTS.

Subp. 4.

Grants to districts.

The state board shall allocate cost-share funds to district boards that have fully complied with Minnesota Statutes, section 103C.501, subdivision 3; all erosion control and water management program rules; and program policies.

Subp. 5.

Other funds.

Other funds received by the state board may be allocated to districts for the treatment of erosion, sedimentation, water quality problems, or water quantity problems due to altered hydrology. These additional funds may be incorporated with existing erosion control and water management program funds and their use may be governed by the program policy or may be subject to other policies or guidelines required to fully implement the intent for which these additional funds were appropriated.

8400.0900 DISTRICT ADMINISTRATION OF PROGRAM FUNDS.

Subpart 1.

General.

Following receipt of grant funds from the state board, a district is responsible for administration of the funds in accordance with Minnesota Statutes, chapter 103C, parts 8400.0050 to 8400.1900, program policies, and all other applicable laws. All funds allocated to districts must be used for the purposes designated by the state board.

Subp. 2.

Maximum cost-share rate.

Prior to considering any applications from land occupiers for cost-share assistance, the district board shall establish cost-share rates for conservation practices to be installed under the program, up to the maximum rates established by the state board.

Subp. 4.

Criteria for district board review.

The district board shall use the factors in items A to D to determine practice eligibility and to review applications for conservation practice funding.

A.

The application must be signed by the land occupier and the landowner, if different, indicating their agreement to:

(1)

grant the district's representatives access to the parcel where the conservation practice will be located;

(2)

obtain all permits required in conjunction with the installation and establishment of the practice prior to starting construction of the practice; and

(3)

be responsible for operation and maintenance of conservation practices applied under this program according to an operation and maintenance plan prepared or approved by a district technical representative or the district's delegate.

B.

Costs to repair damage to conservation practices installed with state cost-share dollars are eligible if the damage was caused by reasons beyond the control of the land occupier.

C.

If the practice has fully met or exceeded its designed effective life, the cost to reconstruct the practice is eligible for cost-share assistance.

D.

Conservation practices where construction has begun prior to district approval are ineligible for financial assistance. The board may waive this requirement for emergency needs.

Subp. 5.

Entering into contract.

After review of practice eligibility, the district board, or its delegate, shall approve or deny the application. If the application is approved, the district board, or its delegate, may enter into a contract with the land occupier.

8400.1650 RECORDING CONSERVATION PRACTICES.

When a district board, or its delegate, determines that long-term maintenance of a conservation practice is desirable, the board, or its delegate, may require that maintenance be made a covenant upon the land for the effective life of the conservation practice. A covenant under this part shall be construed in the same manner as a conservation restriction under Minnesota Statutes, section 84.65.

8400.1700 MAINTENANCE.

Subpart 1.

Land occupier maintenance responsibilities.

The land occupier is responsible for operation and maintenance of conservation practices applied under this program to ensure that their conservation objective is met and the effective life is achieved. Should the land occupier fail to maintain the conservation practices during their effective life, the land occupier is liable to the district for up to 150 percent of financial assistance received to install and establish the conservation practice. The land occupier is not liable for cost-share assistance received if the failure was caused by reasons beyond the land occupier's control, or if conservation practices are applied at the land occupier's expense which provide equivalent protection of the soil and water resources.

Subp. 2.

Reapplication of conservation practices.

In no case shall a district provide cost-share assistance to a land occupier for the reapplication of conservation practices which were removed by the land occupier during their effective life or that failed due to improper maintenance.

8400.1750 PRACTICE SITE INSPECTIONS.

The district or the district's delegate shall conduct site inspections of conservation practices installed with cost-share funds to determine if the land occupier is in compliance with the operation and maintenance requirements under part 8400.1700 and the policy, guidelines, and requirements of the state board.

8400.1800 APPEALS.

Land occupiers may appeal a district's action within 60 days of receiving notice of the action by submitting a written request to the district board asking the board to reconsider its decision. Should the land occupier and the district board reach an impasse, the land occupier may petition to appeal the district board's decision to the state board within 60 days of receiving notice of the district board's final decision. The state board or its executive director, as delegated, shall review and grant the petition, unless it is deemed without sufficient merit, within 30 days of the receipt of the petition. The state board shall make its decision on the appeal, if granted, within 60 days of a hearing date. The state board's decision may uphold, remand, reverse, or amend the decision of the district board.

8400.1900 REPORTS TO STATE BOARD.

For the purpose of reporting and monitoring the progress of the program and use of funds, each district shall submit an accomplishments report according to the guidelines and requirements established by the state board.