SF 4062

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/21/2022 04:18pm

A bill for an act
relating to state government; appropriating money for environment and natural
resources and tourism; modifying previous appropriations; establishing new
programs and modifying existing programs; modifying fees; creating accounts;
authorizing sales and conveyances of certain land; modifying environmental laws;
modifying game and fish laws; modifying water laws; modifying natural resource
and environment laws; modifying mining laws; requiring reports; making technical
corrections; amending Minnesota Statutes 2020, sections 84.027, subdivision 14a,
by adding a subdivision; 84.632; 84.788, subdivision 5; 84.82, subdivision 2, by
adding a subdivision; 84.821, subdivision 2; 84.84; 84.86, subdivision 1; 84.922,
subdivision 4; 85.015, subdivision 10; 90.181, subdivision 2; 97A.015, subdivisions
29, 51; 97A.126, as amended; 97A.137, subdivisions 3, 5; 97A.405, subdivision
5; 97B.031, subdivision 1, by adding a subdivision; 97B.071; 97B.311; 97B.415;
97B.645, subdivision 9; 97B.668; 97C.211, subdivision 2a; 97C.315, subdivision
1; 97C.515, subdivision 2; 103G.201; 103G.211; 103G.223; 103G.271, subdivision
7, by adding a subdivision; 103G.285, by adding a subdivision; 103G.287,
subdivisions 4, 5, by adding subdivisions; 103G.289; 115.03, subdivision 1;
115.455; 115.55, by adding a subdivision; 115.77, subdivision 1; 115.84,
subdivisions 2, 3; 115A.03, subdivision 35, by adding subdivisions; 115B.52,
subdivision 4; 116.03, subdivision 2b; 116.07, subdivision 4d, by adding a
subdivision; 116B.03, subdivision 1; 116B.10, by adding a subdivision; 116D.04,
subdivision 2a; 116U.55, by adding a subdivision; 127A.353, subdivision 2; 282.04,
subdivision 1, by adding a subdivision; 282.08; 297A.94; Minnesota Statutes 2021
Supplement, sections 84.63; 84.631; 84.92, subdivision 8; 85.052, subdivision 6;
92.502; 103G.271, subdivision 4a; 127A.353, subdivision 4; Laws 2021, First
Special Session chapter 6, article 1, section 2, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapters 93; 115A; repealing Minnesota Statutes
2020, sections 97B.318; 97C.515, subdivisions 4, 5; Laws 2012, chapter 236,
section 28, subdivision 9, as amended; Laws 2013, chapter 121, section 53;
Minnesota Rules, parts 6100.5000, subparts 3, 4, 5; 6100.5700, subpart 4;
6232.0350.

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

ARTICLE 1

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 "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023. Appropriations for the fiscal year ending June 30, 2022, are
effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2022 new text end		new text begin 2023 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 -0- new text end

new text begin $ new text end

new text begin 4,093,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin Environmental new text end	new text begin -0- new text end	new text begin 2,593,000 new text end
new text begin Remediation new text end	new text begin -0- new text end	new text begin 1,500,000 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 Agency Appropriations new text end

new text begin (a) $86,000 the second year is from the
environmental fund for a grant to Laketown
Township in Carver County to prepare
preliminary system design and cost estimates
for connecting wastewater systems around
Pierson Lake to municipal wastewater
treatment systems. This is a onetime
appropriation.
new text end

new text begin (b) $700,000 the second year is from the
environmental fund for additional SCORE
block grants to counties.
new text end

new text begin (c) $671,000 the second year is from the
environmental fund for whole effluent toxicity
rulemaking. This is a onetime appropriation.
new text end

new text begin (d) $96,000 the second year is from the
environmental fund for agency oversight of
the mattress recycling program.
new text end

new text begin (e) $50,000 the second year is from the
environmental fund to conduct an analysis of
how states within Environmental Protection
Agency Region 5 fund their air permitting
programs. By January 15, 2024, the
commissioner must report the results of the
analysis 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: (1)
identification of all sources of funding for
Minnesota's air permitting program and those
of each of the other states within Region 5;
(2) a summary of how the funding sources
have changed during the last 20 years; (3) an
analysis of the cost that Minnesota's air
permitting program and those of each state
within Region 5 imposes on permittees; (4) a
summary of how the costs identified in clause
(3) have changed in the last 20 years and how
they relate to total permittee emissions; (5)
identification of potential alternatives to
Minnesota's current practice of increasing the
per-ton air emission fee as emissions are
reduced; and (6) an assessment of what policy
changes, legal changes, and funding changes
would be required to successfully implement
a program that did not increase permittee cost
as air emissions are reduced. This is a onetime
appropriation.
new text end

new text begin (f) $1,500,000 the second year is from the
remediation fund for a contamination cleanup
grant to Lake of the Woods County to
demolish the abandoned state-owned Williams
School building in the city of Williams and to
abate and remediate petroleum, pollutants, or
contaminants at the school site. This is a
onetime appropriation and is available until
June 30, 2025.
new text end

new text begin (g) $250,000 the second year is from the
environmental fund for a grant to the Red
River Basin Commission to facilitate
development of a feasibility assessment of
adaptive phosphorus management for the Red
River of the North. This is a onetime
appropriation and is available until December
31, 2023.
new text end

new text begin Subd. 3. new text end new text begin Environmental Quality Board Appropriations new text end

new text begin $740,000 the second year is from the
environmental fund to develop and assemble
the material required under Code of Federal
Regulations, title 40, section 233.10, for the
state to assume the section 404 permitting
program of the federal Clean Water Act. The
board must prepare the materials in
cooperation with the commissioners of natural
resources, the Board of Water and Soil
Resources, and the Pollution Control Agency
and may execute contracts or interagency
agreements to facilitate developing the
required materials. By December 31, 2024,
the board must submit a report that includes
a detailed summary of the necessary
programmatic changes, drafts of pertinent
application materials, the required statute
changes, final cost estimates, the remaining
steps necessary for the state to secure
assumption, and recommendations for
implementing a state-assumed program to the
chairs and ranking minority members of the
legislative committees and divisions with
jurisdiction over the environment and natural
resources. This is a onetime appropriation, is
available until June 30, 2025, and may be used
to match federal funding for a similar purpose.
The Board of Water and Soil Resources and
the commissioner of natural resources, in
consultation with the commissioner of the
Pollution Control Agency, must make
application for assumption to the United States
Environmental Protection Agency by June 30,
2025.
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 -0- new text end

new text begin $ new text end

new text begin 2,520,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin Natural Resources new text end	new text begin -0- new text end	new text begin 1,487,000 new text end
new text begin Game and Fish new text end	new text begin -0- new text end	new text begin 1,033,000 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 Appropriations new text end

new text begin (a) $447,000 the second year is from the
all-terrain vehicle account in the natural
resources fund for a grant to the Roseau Lake
of the Woods Sportsman's Club, in
cooperation with the Northstar Trail Alliance,
to resurface 13 miles of the former railroad
right-of-way between Roseau and Warroad.
This is a onetime appropriation and is
available until June 30, 2025.
new text end

new text begin (b) $500,000 the second year is from the
all-terrain vehicle account in the natural
resources fund 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,
2025. This appropriation may be used as a
local match to a 2022 state bonding award.
new text end

new text begin (c) $500,000 the second year is from the
all-terrain vehicle account in the natural
resources fund 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,
2025. This appropriation may be used as a
local match to a 2022 state bonding award.
new text end

new text begin (d) $40,000 the second year is from the
off-road vehicle account in the natural
resources fund for grants to qualifying off-road
vehicle 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 amount, $4,000 is for administering the
grants.
new text end

new text begin (e) $150,000 the second year is from the
heritage enhancement account in the game and
fish fund for additional shooting sports facility
grants under Minnesota Statutes, section
87A.10. This is a onetime appropriation and
is available until June 30, 2024.
new text end

new text begin (f) Notwithstanding Minnesota Statutes,
section 297A.94, $387,000 the second year is
from the heritage enhancement account in the
game and fish fund for additional costs
associated with hydrological analyses for
proposed water appropriation permit
applications that have been denied due to the
effects to a calcareous fen.
new text end

new text begin (g) Notwithstanding Minnesota Statutes,
section 297A.94, $496,000 the second year is
from the heritage enhancement account in the
game and fish fund for costs associated with
citizen engagement and water supply
development engineering for ensuring
sustainable groundwater levels in White Bear
Lake. Of this amount, $102,000 is transferred
to the commissioner of health. This is a
onetime appropriation and is available until
June 30, 2024.
new text end

Sec. 4. new text begin EXPLORE MINNESOTA TOURISM 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 -0- new text end

new text begin $ new text end

new text begin 1,450,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin General new text end	new text begin -0- new text end	new text begin 1,000,000 new text end
new text begin Natural Resources new text end	new text begin -0- new text end	new text begin 450,000 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 Appropriations new text end

new text begin (a) $1,000,000 the second year is from the
general fund for a grant to Minnesota Sports
and Events to attract and promote large-scale
sporting and other events to the state of
Minnesota. This is a onetime appropriation.
new text end

new text begin (b) $450,000 the second year is from the
events promotion account in the natural
resources fund for a grant to Minnesota Sports
and Events to attract and promote large-scale
sporting and other events to the state of
Minnesota. At least 50 percent of the money
appropriated under this paragraph must be to
attract and promote large-scale sporting and
other events outside of the metropolitan area.
new text end

Sec. 5.

Laws 2021, First Special Session chapter 6, article 1, section 2, subdivision 2, is
amended to read:

Subd. 2. Environmental Analysis and Outcomes

14,962,000

14,140,000

Appropriations by Fund
	2022	2023
General	1,292,000	224,000
Environmental	13,469,000	13,715,000
Remediation	201,000	201,000

(a) $99,000 the first year and $109,000 the
second year are from the general fund for:

(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;

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

(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

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

(b) $205,000 the first year and $205,000 the
second year are from the environmental fund
for a monitoring program under Minnesota
Statutes, section 116.454.

(c) $115,000 the first year and $115,000 the
second year are for monitoring water quality
and operating assistance programs.

(d) $347,000 the first year and $347,000 the
second year are from the environmental fund
for monitoring ambient air for hazardous
pollutants.

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

(f) $109,000 the first year and $109,000 the
second year are from the environmental fund
for registering wastewater laboratories.

(g) $926,000 the first year and $926,000 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
$689,000 the first year and $689,000 the
second year are for transfer to the Department
of Health.

(h) $51,000 the first year and $51,000 the
second year are from the environmental fund
for the listing procedures for impaired waters
required under this act.

(i) $350,000 the first year is for completing
the St. Louis River mercury total maximum
daily load study. This is a onetime
appropriation new text begin and is available until June 30,
2023 new text end .

(j) $141,000 the first year and $141,000 the
second year are from the environmental fund
to implement and enforce Minnesota Statutes,
section 325F.071. Of this amount, up to
$65,000 each year may be transferred to the
commissioner of health.

(k) $600,000 the first year is to develop and
implement an initiative to reduce sources of
perfluoroalkyl and polyfluoroalkyl substances
(PFAS) in the environment that are eventually
conveyed to municipal wastewater treatment
facilities. In developing and implementing the
initiative, the commissioner must work in
cooperation with the Department of Health
and with an advisory group consisting of one
representative designated by each of the
following: the League of Minnesota Cities;
the Coalition of Greater Minnesota Cities; the
Minnesota Environmental Science and
Economic Review Board; the Minnesota
Municipal Utilities Association; Metropolitan
Council Environmental Services; Minnesota
Association of Small Cities; National Waste
and Recycling Association; Minnesota Rural
Water Association; Association of Minnesota
Counties; Solid Waste Administrators
Association; Partnership on Waste and Energy;
Minnesota Resource Recovery Association;
Minnesota InterCounty Association;
Minnesota Manufacturer's Coalition; and the
Association of Metropolitan Municipalities.
In developing and implementing the municipal
initiative, the commissioner must:

(1) identify sources of PFAS introduced into
the environment that are eventually conveyed
to municipal wastewater treatment facilities
and contained in solid waste that are disposed
at solid waste facilities;

(2) identify source reduction strategies that
can effectively reduce the amount of PFAS
entering the environment that are eventually
conveyed to municipal wastewater treatment
facilities or are disposed at solid waste
facilities;

(3) publish and distribute throughout the state
guidance documents for local governments
that include education materials about
effective strategies to reduce PFAS sources;

(4) identify issues for future study; and

(5) by January 31, 2023, report to the chairs
and ranking minority members of the house
of representatives and senate committees and
divisions with jurisdiction over the
environment and natural resources on the
development and implementation of the
initiative. This is a onetime appropriation.

(l) $104,000 the second year is from the
environmental fund for the purposes of the
perfluoroalkyl and polyfluoroalkyl substances
food packaging provisions under Minnesota
Statutes, section 325F.075. The base for this
appropriation in fiscal year 2024 and later is
$144,000.

(m) $128,000 the first year is for an analysis
of the Green Tier program. This is a onetime
appropriation.

(n) $250,000 the first year and $250,000 the
second year are from the environmental fund
for identifying potential sources of per- and
poly-fluoroalkyl substances contamination.
This is a onetime appropriation.

ARTICLE 2

ENVIRONMENT AND NATURAL RESOURCES POLICY

Section 1.

Minnesota Statutes 2020, section 84.027, subdivision 14a, is amended to read:

Subd. 14a.

Permitting efficiency; public notice.

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

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

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

(d) Within 30 business days of application for a permit subject to paragraph (a), the
commissioner of natural resources shall notify the permit applicant, in writing, whether the
application is complete or incomplete. If the commissioner determines that an application
is incomplete, the notice to the applicant must enumerate all deficiencies, citing specific
provisions of the applicable rules and statutes, and advise the applicant on how the
deficiencies can be remedied. If the commissioner determines that the application is complete,
the notice must confirm the application's tier 1 or tier 2 permit status. If the commissioner
believes that a complete application for a tier 2 construction permit cannot be issued within
the 150-day goal, the commissioner must provide notice to the applicant with the
commissioner's notice that the application is complete and, upon request of the applicant,
provide the permit applicant with a schedule estimating when the agency will begin drafting
the permit and issue the public notice of the draft permit. This paragraph does not apply to
an application for a permit that is subject to a grant or loan agreement under chapter 446A.

(e) When public notice of a draft individual tier 2 permit is required, the commissioner
must provide the applicant a draft permit for review by the applicant within 30 days after
determining the proposal conforms to all federal and state laws and rules, unless the permit
applicant and the commissioner mutually agree to a different date. The commissioner must
consider all comments submitted by the applicant before issuing the permit.

Sec. 2.

Minnesota Statutes 2020, section 84.027, is amended by adding a subdivision to
read:

new text begin Subd. 14c. new text end

new text begin Unadopted rules. new text end

new text begin The commissioner of natural resources must not enforce
or attempt to enforce an unadopted rule. For purposes of this subdivision, "unadopted rule"
means a guideline, bulletin, criterion, manual standard, interpretive statement, policy plan,
or similar pronouncement if the guideline, bulletin, criterion, manual standard, interpretive
statement, policy plan, or similar pronouncement has not been adopted according to the
rulemaking process provided under chapter 14. If an unadopted rule is challenged under
section 14.381, the commissioner must cease enforcement of the unadopted rule and
overcome a presumption that the unadopted rule must be adopted according to the rulemaking
process provided under chapter 14.
new text end

Sec. 3.

Minnesota Statutes 2020, section 84.788, subdivision 5, is amended to read:

Subd. 5.

Report of ownership transfers; fee.

(a) Application for transfer of ownership
of an off-highway motorcycle registered under this section must be made to the commissioner
within 15 days of the date of transfer.

(b) An application for transfer must be executed by the deleted text begin registered deleted text end new text begin current new text end owner and the
purchaser using a bill of sale that includes the vehicle serial number.

(c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser
fails to apply for transfer of ownership as provided under this subdivision.

Sec. 4.

Minnesota Statutes 2020, section 84.82, subdivision 2, is amended to read:

Subd. 2.

Application, issuance, issuing fee.

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

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

(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy
registrar shall issue to the applicant, or provide to the dealer, an assigned registration number
or a commissioner or deputy registrar temporary 21-day permit. new text begin The registration number
must be printed on a registration decal issued by the commissioner or deputy registrar. new text end Once
issued, the registration deleted text begin number deleted text end new text begin decal new text end must be affixed to the snowmobile in a clearly visible
and permanent manner for enforcement purposes deleted text begin as the commissioner of natural resources
shall prescribe deleted text end new text begin according to subdivision 3b new text end . A dealer subject to paragraph (b) shall provide
the registration materials or temporary permit to the purchaser within the temporary 21-day
permit period. The registration is not valid unless signed by at least one owner.

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

(e) In addition to other fees prescribed by law, an issuing fee of $4.50 is charged for
each snowmobile registration renewal, duplicate or replacement registration card, and
replacement decal, and an issuing fee of $7 is charged for each snowmobile registration and
registration transfer issued by:

(1) a registrar or a deputy registrar and must be deposited in the manner provided in
section 168.33, subdivision 2; or

(2) the commissioner and must be deposited in the state treasury and credited to the
snowmobile trails and enforcement account in the natural resources fund.

Sec. 5.

Minnesota Statutes 2020, section 84.82, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin Display of registration decal. new text end

new text begin (a) A person must not operate a snowmobile
in the state or allow another to operate the person's snowmobile in the state unless the
snowmobile has its unexpired registration decal affixed to each side of the snowmobile and
the decal is legible.
new text end

new text begin (b) The registration decal must be affixed:
new text end

new text begin (1) for snowmobiles made after June 30, 1972, in the area provided by the manufacturer
under section 84.821, subdivision 2; and
new text end

new text begin (2) for all other snowmobiles, on each side of the cowling on the upper half of the
snowmobile.
new text end

new text begin (c) When any previously affixed registration decal is destroyed or lost, a duplicate must
be affixed in the same manner as provided in paragraph (b).
new text end

Sec. 6.

Minnesota Statutes 2020, section 84.821, subdivision 2, is amended to read:

Subd. 2.

Area for registration number.

All snowmobiles made after June 30, 1972,
and sold in Minnesota, shall be designed and made to provide an area on which to affix the
registration deleted text begin number deleted text end new text begin decal new text end . deleted text begin This area shall be at a location and of dimensions prescribed by
rule of the commissioner. deleted text end new text begin A clear area must be provided on each side of the cowling with
a minimum size of 3-1/2 square inches and at least 12 inches from the ground when the
machine is resting on a hard surface.
new text end

Sec. 7.

Minnesota Statutes 2020, section 84.84, is amended to read:

84.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP.

(a) Within 15 days after the transfer of ownership, or any part thereof, other than a
security interest, or the destruction or abandonment of any snowmobile, written notice of
the transfer or destruction or abandonment shall be given to the commissioner in such form
as the commissioner shall prescribe.

(b) An application for transfer must be executed by the deleted text begin registered deleted text end new text begin current new text end owner and the
purchaser using a bill of sale that includes the vehicle serial number.

(c) The purchaser is subject to the penalties imposed by section 84.88 if the purchaser
fails to apply for transfer of ownership as provided under this subdivision. Every owner or
part owner of a snowmobile shall, upon failure to give notice of destruction or abandonment,
be subject to the penalties imposed by section 84.88.

Sec. 8.

Minnesota Statutes 2020, section 84.86, subdivision 1, is amended to read:

Subdivision 1.

Required rules new text begin , fees, and reports new text end .

new text begin (a) new text end With a view of achieving maximum
use of snowmobiles consistent with protection of the environment the commissioner of
natural resources shall adopt rules in the manner provided by chapter 14, for the following
purposes:

(1) registration of snowmobiles deleted text begin and display of registration numbers. deleted text end new text begin ;
new text end

(2) use of snowmobiles insofar as game and fish resources are affected deleted text begin . deleted text end new text begin ;
new text end

(3) use of snowmobiles on public lands and waters, or on grant-in-aid trails deleted text begin . deleted text end new text begin ;
new text end

(4) uniform signs to be used by the state, counties, and cities, which are necessary or
desirable to control, direct, or regulate the operation and use of snowmobiles deleted text begin . deleted text end new text begin ;
new text end

(5) specifications relating to snowmobile mufflers deleted text begin . deleted text end new text begin ; and
new text end

(6) a comprehensive snowmobile information and safety education and training program deleted text begin ,
including deleted text end new text begin that includes new text end but new text begin is new text end not limited to deleted text begin the preparation and dissemination of deleted text end new text begin preparing
and disseminating new text end snowmobile information and safety advice to the public, deleted text begin the deleted text end training deleted text begin of deleted text end
snowmobile operators, and deleted text begin the issuance of deleted text end new text begin issuing new text end snowmobile safety certificates to
snowmobile operators who successfully complete the snowmobile safety education and
training course.

new text begin (b) new text end For the purpose of administering deleted text begin such deleted text end new text begin the new text end program new text begin under paragraph (a), clause (6), new text end
and to defray expenses of training and certifying snowmobile operators, the commissioner
shall collect a fee from each person who receives the youth or adult training. The
commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing
a duplicate snowmobile safety certificate. The commissioner shall establish both fees in a
manner that neither significantly overrecovers nor underrecovers costs, including overhead
costs, involved in providing the services. The fees are not subject to the rulemaking provisions
of chapter 14 and section 14.386 does not apply. The fees may be established by the
commissioner notwithstanding section 16A.1283. The fees, except for the issuing fee for
licensing agents under this subdivision, shall be deposited in the snowmobile trails and
enforcement account in the natural resources fund and the amount thereof, except for the
electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated
annually to the Enforcement Division of the Department of Natural Resources for deleted text begin the
administration of such deleted text end new text begin administering the new text end programs. In addition to the fee established by the
commissioner, instructors may charge each person any fee paid by the instructor for the
person's online training course and up to the established fee amount for class materials and
expenses. The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the program
established under deleted text begin this deleted text end new text begin paragraph (a), new text end clause new text begin (6) new text end . School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom portion of the
training. The commissioner shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that leads to the certification of
snowmobile operators.

deleted text begin (7) deleted text end new text begin (c) new text end The operator of any snowmobile involved in an accident resulting in injury
requiring medical attention or hospitalization to or death of any person or total damage to
an extent of $500 or more, shall forward a written report of the accident to the commissioner
on deleted text begin such deleted text end new text begin a new text end form deleted text begin as deleted text end new text begin prescribed by new text end the commissioner deleted text begin shall prescribe deleted text end . If the operator is killed
or is unable to file a report due to incapacitation, any peace officer investigating the accident
shall file the accident report within ten business days.

Sec. 9.

Minnesota Statutes 2021 Supplement, section 84.92, subdivision 8, is amended to
read:

Subd. 8.

All-terrain vehicle or vehicle.

(a) "All-terrain vehicle" or "vehicle" means a
motorized vehicle with: (1) not less than three, but not more than six deleted text begin low pressure or
non-pneumatic deleted text end tires; (2) a total dry weight of deleted text begin 2,000 deleted text end new text begin 3,000 new text end pounds or less; and (3) a total
width from outside of tire rim to outside of tire rim that is 65 inches or less. All-terrain
vehicle includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.

(b) All-terrain vehicle does not include an electric-assisted bicycle as defined in section
169.011, subdivision 27, golf cart, mini-truck, dune buggy, or go-cart or a vehicle designed
and used specifically for lawn maintenance, agriculture, logging, or mining purposes.

Sec. 10.

Minnesota Statutes 2020, section 84.922, subdivision 4, is amended to read:

Subd. 4.

Report of transfers.

(a) Application for transfer of ownership must be made
to the commissioner within 15 days of the date of transfer.

(b) An application for transfer must be executed by the deleted text begin registered deleted text end new text begin current new text end owner and the
purchaser using a bill of sale that includes the vehicle serial number.

(c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser
fails to apply for transfer of ownership as provided under this subdivision.

Sec. 11.

Minnesota Statutes 2020, section 85.015, subdivision 10, is amended to read:

Subd. 10.

Luce Line Trail, Hennepin, McLeod, and Meeker Counties.

(a) The trail
shall originate at Gleason Lake in Plymouth Village, Hennepin County, deleted text begin and shall deleted text end follow
the route of the Chicago Northwestern Railroad new text begin , and include a connection to Greenleaf Lake
State Recreation Area new text end .

(b) The trail shall be developed for multiuse wherever feasible. The department shall
cooperate in maintaining its integrity for modes of use consistent with local ordinances.

(c) In establishing, developing, maintaining, and operating the trail, the commissioner
shall cooperate with local units of government and private individuals and groups. Before
acquiring any parcel of land for the trail, the commissioner of natural resources shall develop
a management program for the parcel and conduct a public hearing on the proposed
management program in the vicinity of the parcel to be acquired. The management program
of the commissioner shall include but not be limited to the following:

deleted text begin (a) deleted text end new text begin (1) new text end fencing deleted text begin of deleted text end portions of the trail where necessary to protect adjoining landowners;
and

deleted text begin (b) the maintenance of deleted text end new text begin (2) maintaining new text end the trail in a deleted text begin litter free deleted text end new text begin litter-free new text end condition to the
extent practicable.

(d) The commissioner shall not acquire any of the right-of-way of the Chicago
Northwestern Railway Company until the abandonment of the line described in this
subdivision has been approved by the Surface Transportation Board or the former Interstate
Commerce Commission. Compensation, in addition to the value of the land, shall include
improvements made by the railroad, including but not limited to, bridges, trestles, public
road crossings, or any portion thereof, it being the desire of the railroad that such
improvements be included in the conveyance. The fair market value of the land and
improvements shall be recommended by two independent appraisers mutually agreed upon
by the parties. The fair market value thus recommended shall be reviewed by a review
appraiser agreed to by the parties, and the fair market value thus determined, and supported
by appraisals, may be the purchase price. The commissioner may exchange lands with
landowners abutting the right-of-way described in this section to eliminate diagonally shaped
separate fields.

Sec. 12.

Minnesota Statutes 2021 Supplement, section 85.052, subdivision 6, is amended
to read:

Subd. 6.

State park reservation system.

(a) The commissioner may, by written order,
develop reasonable reservation policies for deleted text begin campsites and other deleted text end new text begin using camping, new text end lodging new text begin ,
and day-use facilities and for tours, educational programs, seminars, events, and rentals new text end .
The policies are exempt from the rulemaking provisions under chapter 14, and section
14.386 does not apply.

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

Sec. 13.

Minnesota Statutes 2020, section 90.181, subdivision 2, is amended to read:

Subd. 2.

Deferred payments.

(a) If the amount of the statement is not paid new text begin or payment
is not postmarked new text end within 30 days of the new text begin statement new text end date deleted text begin thereof, it shall bear deleted text end new text begin , the amount
bears new text end interest at the rate determined pursuant to section 16A.124, except that the purchaser
deleted text begin shall not be deleted text end new text begin is not new text end required to pay interest that totals $1 or less. If the amount is not paid
within 60 days, the commissioner shall place the account in the hands of the commissioner
of revenue according to chapter 16D, who shall proceed to collect the deleted text begin same deleted text end new text begin amount due new text end .
When deemed in the best interests of the state, the commissioner shall take possession of
the timber for which an amount is due wherever it may be found and sell the deleted text begin same deleted text end new text begin timber new text end
informally or at public auction after giving reasonable notice.

(b) The proceeds of the sale deleted text begin shall deleted text end new text begin must new text end be applied, first, to the payment of the expenses
of seizure and sale deleted text begin ; deleted text end and, second, to the payment of the amount due for the timber, with
interest deleted text begin ; and deleted text end new text begin . new text end The surplus, if any, deleted text begin shall belong deleted text end new text begin belongs new text end to the state deleted text begin ; and, deleted text end new text begin . new text end In case a sufficient
amount is not realized to pay these amounts in full, the balance deleted text begin shall deleted text end new text begin must new text end be collected by
the attorney general. deleted text begin Neither deleted text end Payment of the amount, deleted text begin nor the deleted text end recovery of judgment deleted text begin therefor deleted text end new text begin
for the amount new text end , deleted text begin nor deleted text end satisfaction of the judgment, deleted text begin nor the deleted text end new text begin or new text end seizure and sale of timber deleted text begin , shall deleted text end new text begin
does not:
new text end

new text begin (1) new text end release the sureties on any security deposit given pursuant to this chapter deleted text begin , or deleted text end new text begin ;
new text end

new text begin (2) new text end preclude the state from afterwards claiming that the timber was cut or removed
contrary to law and recovering damages for the trespass thereby committed deleted text begin , deleted text end new text begin ; new text end or

new text begin (3) preclude the state new text end from prosecuting the offender criminally.

Sec. 14.

new text begin [93.70] ENSURING TIMELY ENVIRONMENTAL REVIEW OF
METALLIC MINING PROJECTS.
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 terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of natural resources.
new text end

new text begin (c) "Covered mining project" means a proposed metallic mineral mining project or a
modification to an existing metallic mining project for which an environmental assessment
worksheet or an environmental impact statement must be or is being prepared according to
chapter 116D.
new text end

new text begin (d) "Submission date" means the date on which a project proposer of a covered mining
project submits the completed data portion of an environmental assessment worksheet to
the responsible governmental unit for environmental review under chapter 116D.
new text end

new text begin Subd. 2. new text end

new text begin Environmental review goals. new text end

new text begin To ensure an environmental review process that
is both timely and environmentally responsible, the responsible governmental unit for a
covered mining project must attempt to ensure that all environmental reviews, permits, and
approvals, including those at the federal level to the extent practicable, are completed in
accordance with the following timelines:
new text end

new text begin (1) when an environmental assessment worksheet is prepared for a project for which an
environmental impact statement is not required, the decision on the need for an environmental
impact statement must be made no later than 18 months after the environmental assessment
worksheet submission date; and
new text end

new text begin (2) when an environmental impact statement is prepared for a project, the decision on
the adequacy of the final environmental impact statement must be made no later than three
years after the environmental assessment worksheet submission date.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin If a responsible governmental unit fails to meet a goal set forth in
subdivision 2, it must within five days report to the project proposer and to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
mining to explain the reason for the failure and must provide an estimate of the additional
time that will be required to determine whether an environmental impact statement is required
or whether the final environmental impact statement is adequate, as applicable.
new text end

Sec. 15.

Minnesota Statutes 2020, section 97A.015, subdivision 29, is amended to read:

Subd. 29.

Minnows.

"Minnows" means: (1) members of the minnow family, Cyprinidae,
except carp and goldfish; (2) members of the mudminnow family, Umbridae; (3) members
of the sucker family, Catostomidae deleted text begin , not over 12 inches in length deleted text end ; (4) bullheads, ciscoes,
lake whitefish, goldeyes, and mooneyes, not over seven inches long; (5) leeches; and (6)
tadpole madtoms (willow cats) and stonecats.

Sec. 16.

Minnesota Statutes 2020, section 97A.015, subdivision 51, is amended to read:

Subd. 51.

Unloaded.

"Unloaded" means, with reference to a firearm, without ammunition
in the barrels and magazine, if the magazine is in the firearm. A muzzle-loading firearm
deleted text begin with deleted text end new text begin is unloaded if:
new text end

new text begin (1) for new text end a flintlock ignition deleted text begin is unloaded if deleted text end new text begin , new text end it does not have priming powder in a pan deleted text begin . A
muzzle-loading firearm with deleted text end new text begin ;
new text end

new text begin (2) for a new text end percussion ignition deleted text begin is unloaded if deleted text end new text begin , new text end it does not have a percussion cap on a nipple deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) for an electronic ignition system, the battery is removed and is disconnected from
the firearm; and
new text end

new text begin (4) for an encapsulated powder charge ignition system, the primer and powder charge
are removed from the firearm.
new text end

Sec. 17.

Minnesota Statutes 2020, section 97A.126, as amended by Laws 2021, First
Special Session chapter 6, article 2, section 52, is amended to read:

97A.126 WALK-IN ACCESS PROGRAM.

Subdivision 1.

Establishment.

A walk-in access program is established to provide public
access to wildlife habitat on private land for hunting, new text begin bird-watching, nature photography,
and similar compatible uses, new text end excluding trapping, as provided under this section. The
commissioner may enter into agreements with other units of government and landowners
to provide private land hunting access.

Subd. 2.

Use of enrolled lands.

(a) From September 1 to May 31, a person must have
a walk-in access deleted text begin hunter deleted text end validation in possession to hunt new text begin , photograph, and watch wildlife new text end on
private lands, including agricultural lands, that are posted as being enrolled in the walk-in
access program.

(b) Hunting new text begin , bird-watching, nature photography, and similar compatible uses new text end on private
lands that are posted as enrolled in the walk-in access program is allowed from one-half
hour before sunrise to one-half hour after sunset.

(c) deleted text begin Hunter deleted text end Access on private lands that are posted as enrolled in the walk-in access
program is restricted to nonmotorized use, except by deleted text begin hunters deleted text end new text begin persons new text end with disabilities
operating motor vehicles on established trails or field roads who deleted text begin possess a valid permit to
shoot from a stationary vehicle under section deleted text begin 97B.055, subdivision 3 deleted text end deleted text end new text begin provide credible
assurance to the commissioner that the device or motor boat is used because of a disability new text end .

(d) The general provisions for use of wildlife management areas adopted under sections
86A.06 and 97A.137, relating to overnight use, alcoholic beverages, use of motorboats,
firearms and target shooting, hunting stands, abandonment of trash and property, destruction
or removal of property, introduction of plants or animals, and animal trespass, apply to
deleted text begin hunters on deleted text end new text begin use of new text end lands enrolled in the walk-in access program.

(e) Any use of enrolled lands other than deleted text begin hunting according to deleted text end new text begin use authorized under new text end this
section is prohibited, including:

(1) harvesting bait, including minnows, leeches, and other live bait;

(2) training dogs or using dogs for activities other than hunting; and

(3) constructing or maintaining any building, dock, fence, billboard, sign, hunting blind,
or other structure, unless constructed or maintained by the landowner.

Subd. 3.

Walk-in-access deleted text begin hunter deleted text end validation; fee.

The fee for a walk-in-access deleted text begin hunter deleted text end
validation is $3.

Sec. 18.

Minnesota Statutes 2020, section 97A.137, subdivision 3, is amended to read:

Subd. 3.

Use of motorized vehicles by deleted text begin disabled hunters deleted text end new text begin people with disabilities new text end .

The
commissioner may deleted text begin issue deleted text end new text begin provide an accommodation by issuing new text end a special permit, without a
fee, authorizing a deleted text begin hunter deleted text end new text begin person new text end with a deleted text begin permanent physical deleted text end disability to use deleted text begin a snowmobile,
highway-licensed vehicle, all-terrain vehicle, deleted text end new text begin an other power-driven mobility device, as
defined under Code of Federal Regulations, title 28, section 35.104, new text end or new text begin a new text end motor boat in
wildlife management areas. To qualify for a permit under this subdivision, the deleted text begin disabled deleted text end
person must deleted text begin possess:
deleted text end

deleted text begin (1) the required hunting licenses; and
deleted text end

deleted text begin (2) a permit to shoot from a stationary vehicle under section 97B.055, subdivision 3. deleted text end new text begin
provide credible assurance to the commissioner that the device or motor boat is used because
of a disability.
new text end

Sec. 19.

Minnesota Statutes 2020, section 97A.137, subdivision 5, is amended to read:

Subd. 5.

Portable stands.

(a) Prior to the Saturday on or nearest September 16, a portable
stand may be left overnight in a wildlife management area by a person with a valid bear
license who is hunting within 100 yards of a bear bait site that is legally tagged and registered
as prescribed under section 97B.425. Any person leaving a portable stand overnight under
this subdivision must affix a tag with: (1) the person's name and address; (2) the licensee's
driver's license number; or (3) the "MDNR#" license identification number issued to the
licensee. The tag must be affixed to the stand in a manner that it can be read from the ground.

(b) From November 1 through December 31, a portable stand may be left overnight by
a person possessing a license to take deer in a wildlife management area located in whole
or in part north and west of a line described as follows:

State Trunk Highway 1 from the west boundary of the state to State Trunk Highway 89;
then north along State Trunk Highway 89 to Fourtown; then north on County State-Aid
Highway 44, Beltrami County, to County Road 704, Beltrami County; then north on County
Road 704 to Dick's Parkway State Forest Road; then north on Dick's Parkway to County
State-Aid Highway 5, Roseau County; then north on County State-Aid Highway 5 to
Warroad; then north on State Trunk Highway 11 to State Trunk Highway 313; then north
on State Trunk Highway 313 to the north boundary of the state.

A person leaving a portable stand overnight under this paragraph must affix a tag with: (1)
the person's name and address; (2) the licensee's driver's license number; or (3) the "MDNR#"
license identification number issued to the licensee. The tag must be affixed to the stand so
that it can be read from the ground and must be made of a material sufficient to withstand
weather conditions. A person leaving a portable stand overnight in a wildlife management
area under this paragraph may not leave more than two portable stands in any one wildlife
management area. Unoccupied portable stands left overnight under this paragraph may be
used by any member of the public. deleted text begin This paragraph expires December 31, 2019.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2019, and
Minnesota Statutes, section 97A.137, subdivision 5, paragraph (b), is revived and reenacted
as of that date.
new text end

Sec. 20.

Minnesota Statutes 2020, section 97A.405, subdivision 5, is amended to read:

Subd. 5.

Resident licenses.

new text begin (a) new text end To obtain a resident license, deleted text begin a resident deleted text end new text begin an individual new text end 21
years of age or older must new text begin be a resident and new text end :

(1) possess a current Minnesota driver's license new text begin or a valid application receipt for a driver's
license that is at least 60 days past the issuance date new text end ;

(2) possess a current identification card issued by the commissioner of public safety new text begin or
a valid application receipt for an identification card that is at least 60 days past the issuance
date new text end ; deleted text begin or
deleted text end

(3) present evidence showing proof of residency in cases when clause (1) or (2) would
violate the Religious Freedom Restoration Act of 1993, Public Law 103-141 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) possess a Tribal identification card as provided in paragraph (b).
new text end

new text begin (b) For purposes of this subdivision, "Tribal identification card" means an unexpired
identification card as provided under section 171.072, paragraphs (b) and (c). The Tribal
identification card:
new text end

new text begin (1) must contain the enrolled Tribal member's Minnesota residence address; and
new text end

new text begin (2) may be used to obtain a resident license under paragraph (a) only if the Tribal member
does not have a current driver's license or state identification card in any state.
new text end

new text begin (c) A person must not have applied for, purchased, or accepted a resident hunting, fishing,
or trapping license issued by another state or foreign country within 60 days before applying
for a resident license under this section.
new text end

Sec. 21.

Minnesota Statutes 2020, section 97B.031, subdivision 1, is amended to read:

Subdivision 1.

Permissible firearms and ammunition; big game and wolves.

A person
may take big game and wolves with a firearm only if:

(1) deleted text begin the deleted text end new text begin any new text end rifle, shotgun, deleted text begin and deleted text end new text begin or new text end handgun used is a caliber of at least .22 inches and deleted text begin with deleted text end new text begin
has new text end centerfire ignition;

(2) the firearm is loaded only with single projectile ammunition;

(3) a projectile used is a caliber of at least .22 inches and has a soft point or is an
expanding bullet type;

(4) deleted text begin the deleted text end new text begin any new text end muzzleloader used deleted text begin is incapable of being deleted text end new text begin has the projectile new text end loaded new text begin only new text end at the
deleted text begin breech deleted text end new text begin muzzle new text end ;

(5) deleted text begin the deleted text end new text begin any new text end smooth-bore muzzleloader used is a caliber of at least .45 inches; and

(6) deleted text begin the deleted text end new text begin any new text end rifled muzzleloader used is a caliber of at least .40 inches.

Sec. 22.

Minnesota Statutes 2020, section 97B.031, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Regular firearms deer season. new text end

new text begin During the regular firearms deer season, all
legal firearms may be used statewide.
new text end

Sec. 23.

Minnesota Statutes 2020, section 97B.071, is amended to read:

97B.071 CLOTHING new text begin AND GROUND BLIND new text end REQUIREMENTS; BLAZE
ORANGE OR BLAZE PINK.

(a) Except as provided in rules adopted under paragraph deleted text begin (c) deleted text end new text begin (d) new text end , a person may not hunt
or trap during the open season where deer may be taken by firearms under applicable laws
and ordinances, unless the visible portion of the person's cap and outer clothing above the
waist, excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze
pink includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within
each foot square. This section does not apply to migratory-waterfowl hunters on waters of
this state or in a stationary shooting location or to trappers on waters of this state.

new text begin (b) Except as provided in rules adopted under paragraph (d) and in addition to the
requirements under paragraph (a), during the open season where deer may be taken by
firearms under applicable laws and ordinances, a person in a fabric or synthetic ground
blind on public land must have:
new text end

new text begin (1) a blaze orange or blaze pink safety covering on the top of the blind visible for 360
degrees around the blind; or
new text end

new text begin (2) at least 144 square inches of blaze orange or blaze pink material on each side of the
blind.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Except as provided in rules adopted under paragraph deleted text begin (c) deleted text end new text begin (d) new text end , and in addition to
the deleted text begin requirement deleted text end new text begin requirements new text end in deleted text begin paragraph deleted text end new text begin paragraphs new text end (a) new text begin and (b) new text end , a person may not take
small game other than turkey, migratory birds, raccoons, and predators, except while trapping,
unless a visible portion of at least one article of the person's clothing above the waist is
blaze orange or blaze pink. This paragraph does not apply to a person when in a stationary
location while hunting deer by archery or when hunting small game by falconry.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner may, by rule, prescribe an alternative color in cases where
deleted text begin paragraph (a) or (b) deleted text end new text begin paragraphs (a) to (c) new text end would violate the Religious Freedom Restoration
Act of 1993, Public Law 103-141.

deleted text begin (d) deleted text end new text begin (e) new text end A violation of paragraph deleted text begin (b) shall deleted text end new text begin (c) does new text end not result in a penalty, but is punishable
only by a safety warning.

Sec. 24.

Minnesota Statutes 2020, section 97B.311, is amended to read:

97B.311 DEER SEASONS AND RESTRICTIONS.

(a) new text begin Except as provided under paragraph (c), new text end the commissioner may, by rule, prescribe
restrictions and designate areas where deer may be taken, including hunter selection criteria
for special hunts established under section 97A.401, subdivision 4. The commissioner may,
by rule, prescribe the open seasons for deer within the following periods:

(1) taking with firearms, other than muzzle-loading firearms, between November 1 and
December 15;

(2) taking with muzzle-loading firearms between September 1 and December 31; and

(3) taking by archery between September 1 and December 31.

(b) Notwithstanding paragraph (a), the commissioner may establish special seasons
within designated areas at any time of year.

new text begin (c) The commissioner may not impose an antler point restriction other than that imposed
under Minnesota Rules, part 6232.0200, subpart 6.
new text end

Sec. 25.

Minnesota Statutes 2020, section 97B.415, is amended to read:

97B.415 TAKING BEAR TO PROTECT PROPERTY new text begin ; SPECIAL PERMIT FOR
TAKING NUISANCE BEAR new text end .

new text begin (a) new text end A person may take a bear at any time to protect the person's property. The person
must report the bear taken to a conservation officer within 48 hours. The bear may be
disposed of as prescribed by the commissioner.

new text begin (b) The commissioner must issue a bear control special permit according to section
97A.401 for wildlife control operators to take nuisance bear by live trapping and relocating
the bear. When a bear is trapped and released, an enforcement officer or a wildlife manager
must approve the release location. The commissioner must provide specific training to
wildlife control operators who are issued a permit under this paragraph, including a refresher
course every five years. The commissioner may not charge a fee for the bear control special
permit or training. A wildlife control operator with a special permit issued under this
paragraph may use remote surveillance equipment to monitor live traps.
new text end

Sec. 26.

Minnesota Statutes 2020, section 97B.645, subdivision 9, is amended to read:

Subd. 9.

Open season.

There shall be no open season for wolves until after the wolf is
delisted under the federal Endangered Species Act of 1973. After that time, the commissioner
deleted text begin may deleted text end new text begin must annually new text end prescribe new text begin one or more new text end open seasons deleted text begin and deleted text end new text begin for taking wolves by hunting,
trapping, and bow and arrow. The commissioner may also prescribe new text end restrictions for taking
wolves but must provide opportunity for public comment.

Sec. 27.

Minnesota Statutes 2020, section 97B.668, is amended to read:

97B.668 deleted text begin GAME BIRDS deleted text end new text begin ANIMALS new text end CAUSING DAMAGE.

new text begin Subdivision 1. new text end

new text begin Game birds causing damage. new text end

Notwithstanding sections 97B.091 and
97B.805, subdivisions 1 and 2, a person or agent of that person on lands and nonpublic
waters owned or operated by the person may nonlethally scare, haze, chase, or harass game
birds that are causing property damage or to protect a disease risk at any time or place that
a hunting season for the game birds is not open. This section does not apply to public waters
as defined under section 103G.005, subdivision 15. This section does not apply to migratory
waterfowl on nests and other federally protected game birds on nests, except ducks and
geese on nests when a permit is obtained under section 97A.401.

new text begin Subd. 2. new text end

new text begin Deer and elk causing damage. new text end

new text begin (a) Notwithstanding section 97B.091, a property
owner, the property owner's immediate family member, or an agent of the property owner
may nonlethally scare, haze, chase, or harass deer or elk that are causing damage to
agricultural crops propagated under generally accepted agricultural practices.
new text end

new text begin (b) Paragraph (a) applies only:
new text end

new text begin (1) in the immediate area of the crop damage; and
new text end

new text begin (2) during the closed season for taking deer or elk.
new text end

new text begin (c) Paragraph (a) does not allow:
new text end

new text begin (1) using poisons;
new text end

new text begin (2) using dogs;
new text end

new text begin (3) conduct that drives a deer or elk to the point of exhaustion;
new text end

new text begin (4) activities requiring a permit under section 97A.401; or
new text end

new text begin (5) causing the death of a deer or elk or actions likely to cause the death of a deer or elk.
new text end

new text begin (d) A property owner or the owner's agent must report the death of any deer or elk to
Division of Fish and Wildlife staff within 24 hours of the death if the death resulted from
actions taken under paragraph (a).
new text end

Sec. 28.

Minnesota Statutes 2020, section 97C.211, subdivision 2a, is amended to read:

Subd. 2a.

Acquiring fish.

(a) A private fish hatchery may not obtain fish outside of the
state unless the fish or the source of the fish are approved by the commissioner. The
commissioner may apply more stringent requirements to fish or a source of fish from outside
the state than are applied to fish and sources of fish from within the state. The commissioner
must either approve or deny the acquisition within 30 days after receiving a written request
for approval. deleted text begin Minnows acquired must be processed and not released into public waters,
except as provided in section 97C.515, subdivision 4. deleted text end A request may be for annual
acquisition.

(b) If the commissioner denies approval, a written notice must be submitted to the
applicant stating the reasons for the denial and the commissioner must:

(1) designate approved sources to obtain the desired fish or fish eggs; or

(2) sell the fish or fish eggs from state fish hatcheries at fair market value.

Sec. 29.

Minnesota Statutes 2020, section 97C.315, subdivision 1, is amended to read:

Subdivision 1.

Lines.

An angler may not use more than one line except:

(1) two lines may be used to take fish through the ice; deleted text begin and
deleted text end

(2) the commissioner may, by rule, authorize the use of two lines in areas designated by
the commissioner in Lake Superior deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) two lines may be used in the Minnesota River downstream of the Granite Falls dam
and in the Mississippi River downstream of St. Anthony Falls.
new text end

Sec. 30.

Minnesota Statutes 2020, section 97C.515, subdivision 2, is amended to read:

Subd. 2.

Permit for deleted text begin transportation deleted text end new text begin importation new text end .

(a) A person may deleted text begin transport deleted text end new text begin import new text end
live minnows deleted text begin through deleted text end new text begin into new text end the state with a permit from the commissioner. deleted text begin The permit must
state the name and address of the person, the number and species of minnows, the point of
entry into the state, the destination, and the route through the state. The permit is not valid
for more than 12 hours after it is issued. deleted text end new text begin A person must not import minnows into the state
except as provided in this section.
new text end

deleted text begin (b) Minnows transported under this subdivision must be in a tagged container. The tag
number must correspond with tag numbers listed on the minnow transportation permit.
deleted text end

deleted text begin (c) The commissioner may require the person transporting minnow species found on
the official list of viral hemorrhagic septicemia susceptible species published by the United
States Department of Agriculture, Animal and Plant Health Inspection Services, to provide
health certification for viral hemorrhagic septicemia. The certification must disclose any
incidentally isolated replicating viruses, and must be dated within the 12 months preceding
transport.
deleted text end

new text begin (b) Minnows must be certified as healthy according to standards of the World
Organisation for Animal Health or the Fish Health Section Blue Book of the American
Fisheries Society.
new text end

new text begin (c) Minnows must be certified free of viral hemorrhagic septicemia, infectious
hematopoietic necrosis, infectious pancreatic necrosis, spring viremia of carp virus, fathead
minnow nidovirus, and Heterosporis within the past 12 months.
new text end

new text begin (d) Minnows must originate from a biosecure facility that has tested negative for invasive
species in the past 12 months.
new text end

new text begin (e) Only a person that holds a minnow dealer's license issued under section 97C.501,
subdivision 2, may obtain a permit to import minnows.
new text end

new text begin (f) The following information must be available to the commissioner upon request for
each load of imported minnows:
new text end

new text begin (1) the date minnows were imported;
new text end

new text begin (2) the number of pounds or gallons imported;
new text end

new text begin (3) the facility name from which the minnows originated; and
new text end

new text begin (4) a fish health certificate for the minnows.
new text end

new text begin (g) Minnows may be imported to feed hatchery fish if the requirements in paragraphs
(a) to (f) are met.
new text end

Sec. 31.

Minnesota Statutes 2020, section 103G.201, is amended to read:

103G.201 PUBLIC WATERS INVENTORY.

(a) The commissioner deleted text begin shall deleted text end new text begin must new text end maintain a public waters inventory map of each county
that shows the waters of this state that are designated as public waters under the public
waters inventory and classification procedures prescribed under Laws 1979, chapter 199,
and deleted text begin shall deleted text end new text begin must new text end provide access to a copy of the maps. As county public waters inventory
maps are revised according to this section, the commissioner deleted text begin shall deleted text end new text begin must new text end send a notification
or a copy of the maps to the auditor of each affected county.

(b) The commissioner is authorized to revise the map of public waters established under
Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously identified
as public waters wetlands under Laws 1979, chapter 199, as public waters or as wetlands
under section 103G.005, subdivision 19. The commissioner may only reclassify public
waters wetlands as public waters if:

(1) they are assigned a shoreland management classification by the commissioner under
sections 103F.201 to 103F.221;

(2) they are classified as lacustrine wetlands or deepwater habitats according to
Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, et al.,
1979 edition); or

(3) the state or federal government has become titleholder to any of the beds or shores
of the public waters wetlands, subsequent to the preparation of the public waters inventory
map filed with the auditor of the county, pursuant to paragraph (a), and the responsible state
or federal agency declares that the water is necessary for the purposes of the public
ownership.

(c) The commissioner must provide notice of deleted text begin the deleted text end new text begin a new text end reclassification new text begin under paragraph (b)
or a revision under paragraph (e) new text end to the local government unit, the county board, the
watershed district, if one exists for the area, and the soil and water conservation district.
Within 60 days of receiving notice from the commissioner, a party required to receive the
notice may provide a resolution stating objections to the reclassification new text begin or revision new text end . If the
commissioner receives an objection from a party required to receive the notice, the
reclassification new text begin or revision new text end is not effective. If the commissioner does not receive an objection
from a party required to receive the notice, the reclassification of a wetland under paragraph
(b) new text begin or revision under paragraph (e) new text end is effective 60 days after the notice is received by all of
the parties.

(d) The commissioner deleted text begin shall deleted text end new text begin must new text end give priority to the reclassification of public waters
wetlands that are or have the potential to be affected by public works projects.

(e) The commissioner may revise the public waters inventory map of each county:

(1) to reflect the changes authorized in paragraph (b); and

(2) as needed, to:

(i) correct errors in the original inventory;

(ii) add or subtract trout stream tributaries within sections that contain a designated trout
stream following written notice to the landowner;

(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds 50
acres and the shoreland has been zoned for residential development; and

(iv) add or subtract public waters that have been created or eliminated as a requirement
of a permit authorized by the commissioner under section 103G.245.

Sec. 32.

Minnesota Statutes 2020, section 103G.211, is amended to read:

103G.211 DRAINING PUBLIC WATERS PROHIBITED WITHOUT
REPLACEMENT.

new text begin (a) new text end Except as provided in sections 103G.221 to 103G.235, public waters may not be
drained, and a permit authorizing drainage of public waters may not be issued, unless the
public waters to be drained are replaced by public waters that will have equal or greater
public value.

new text begin (b) Nothing in this section shall be construed to prevent the commissioner from issuing
or amending a water-use permit for appropriation from groundwater where:
new text end

new text begin (1) the application is for a new groundwater well or to increase appropriation amounts
under an existing permit;
new text end

new text begin (2) the applicant is a municipality wholly or partially located within a five-mile radius
of White Bear Lake; and
new text end

new text begin (3) the amount of water to be appropriated under the proposal is consistent with the
amount anticipated to be needed by the applicant each year according to a water supply
plan approved by the commissioner under section 103G.291 before 2021.
new text end

new text begin (c) Paragraph (b) and this paragraph expire January 1, 2041.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications for new or modified permits filed on or after that date.
new text end

Sec. 33.

Minnesota Statutes 2020, section 103G.223, is amended to read:

103G.223 CALCAREOUS FENS.

(a) Calcareous fens, as identified by the commissioner by written order published in the
State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by
any activity, unless the commissioner, under an approved management plan, decides some
alteration is necessary or as provided in paragraph (b). Identifications made by the
commissioner are not subject to the rulemaking provisions of chapter 14 and section 14.386
does not apply.

(b) The commissioner may allow water appropriations that result in temporary reductions
in groundwater resources on a seasonal basis under an approved calcareous fen management
plan.

new text begin (c) If the commissioner determines that a water appropriation permit cannot be issued
or renewed because of this section, the commissioner must, within one year of the date of
denial and at no cost to the applicant, provide the applicant with a groundwater and surface
water hydrologic evaluation that demonstrates by a preponderance of the evidence the basis
for that conclusion.
new text end

new text begin (d) An applicant whose permit is denied under this section may file a written request
with the commissioner to designate a mutually agreed upon third-party expert to review the
evaluation provided under paragraph (c) at no cost to the applicant and to make
recommendations to the commissioner about whether the permit should be issued. The third
party expert must agree to provide the commissioner and applicant with the expert's
recommendations within 90 days of agreeing to review the evaluation.
new text end

new text begin (e) A permit applicant may file for a contested case hearing under chapter 14 within 30
days of the later of the following:
new text end

new text begin (1) the date by which the hydrologic evaluation was required to have been provided to
the applicant under paragraph (c);
new text end

new text begin (2) receiving the recommendations of the third party who is reviewing the evaluation
under paragraph (d); or
new text end

new text begin (3) determining that no mutually agreed upon third-party expert can be found.
new text end

new text begin (f) Any permit applicant who has had a water appropriation permit previously denied
under this section may resubmit a permit application under this section and is entitled to all
rights and reviews available under this section.
new text end

Sec. 34.

Minnesota Statutes 2021 Supplement, section 103G.271, subdivision 4a, is
amended to read:

Subd. 4a.

Mt. Simon-Hinckley aquifer.

The commissioner may not issue new water-use
permits that will appropriate water from the Mt. Simon-Hinckley aquifer unless new text begin :
new text end

new text begin (1) new text end the appropriation is for potable water use, there are no feasible or practical alternatives
to this source, and a water conservation plan is incorporated with the permit new text begin ; or
new text end

new text begin (2) the appropriation is for less than 4,000,000 gallons per year and is to facilitate the
growth of trees new text end .

Sec. 35.

Minnesota Statutes 2020, section 103G.271, subdivision 7, is amended to read:

Subd. 7.

Transferring permit.

new text begin (a) new text end A water-use permit may be transferred to a successive
owner of real property if the permittee conveys the real property where the source of water
is located. The new owner must notify the commissioner immediately after the conveyance
and request transfer of the permit. The commissioner must not deny the transfer of a permit
if the permittee is in compliance with all permit conditions and the permit meets the
requirements of sections 103G.255 to 103G.301.

new text begin (b) When transferring a permit, the commissioner must not require additional conditions
on the permit, reduce the appropriation, reduce the term, or require any testing.
new text end

Sec. 36.

Minnesota Statutes 2020, section 103G.271, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Management plans; effect on land values. new text end

new text begin Before a management plan for
appropriating water is prepared, the commissioner must provide estimates of the impact of
any new restriction or policy on land values in the affected area. Strategies to address adverse
impacts to land values must be included in the plan.
new text end

Sec. 37.

Minnesota Statutes 2020, section 103G.285, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Application. new text end

new text begin (a) Nothing in this section shall be construed to prevent the
commissioner from issuing or amending a water-use permit for appropriation from
groundwater where:
new text end

new text begin (1) the application is for a new groundwater well or to increase appropriation amounts
under an existing permit;
new text end

new text begin (2) the applicant is a municipality wholly or partially located within a five-mile radius
of White Bear Lake; and
new text end

new text begin (3) the amount of water to be appropriated under the proposal is consistent with the
amount anticipated to be needed by the applicant each year according to a water supply
plan approved by the commissioner under section 103G.291 before 2021.
new text end

new text begin (b) This subdivision expires January 1, 2041.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications for new or modified permits filed on or after that date.
new text end

Sec. 38.

Minnesota Statutes 2020, section 103G.287, subdivision 4, is amended to read:

Subd. 4.

Groundwater management areas.

(a) The commissioner may designate
groundwater management areas and limit total annual water appropriations and uses within
a designated area to ensure sustainable use of groundwater that protects ecosystems, water
quality, and the ability of future generations to meet their own needs. Water appropriations
and uses within a designated management area must be consistent with a groundwater
management area plan approved by the commissioner that addresses water conservation
requirements and water allocation priorities established in section 103G.261. new text begin During
development of a groundwater management area plan, the commissioner and employees
and agents of the department may disseminate information related to the timing, location,
and agendas of meetings related to the plan, but must otherwise limit public information
related to the groundwater management area plan to direct factual responses to public and
media inquiries. new text end At least 30 days prior to implementing or modifying a groundwater
management area plan under this subdivision, the commissioner shall consult with the
advisory team established in paragraph (c).

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

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

new text begin (d) Before designating a groundwater management area, the commissioner must provide
estimates of the impact of any new restriction or policy on land values in the affected area.
Strategies to address adverse impacts to land values must be included in any plan.
new text end

Sec. 39.

Minnesota Statutes 2020, section 103G.287, subdivision 5, is amended to read:

Subd. 5.

Sustainability standard.

new text begin (a) new text end The commissioner may issue water-use permits
for appropriation from groundwater only if the commissioner determines that the groundwater
use is sustainable to supply the needs of future generations and the proposed use will not
harm ecosystems, degrade water, or reduce water levels beyond the reach of public water
supply and private domestic wells constructed according to Minnesota Rules, chapter 4725.

new text begin (b) For the purposes of this subdivision and subdivision 4, "sustainable" means a change
in hydrologic regime of 20 percent or less relative to the August median stream flow.
new text end

Sec. 40.

Minnesota Statutes 2020, section 103G.287, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Application. new text end

new text begin (a) Nothing in this section shall be construed to prevent the
commissioner from issuing or amending a water-use permit for appropriation from
groundwater where:
new text end

new text begin (1) the application is for a new groundwater well or to increase appropriation amounts
under an existing permit;
new text end

new text begin (2) the applicant is a municipality wholly or partially located within a five-mile radius
of White Bear Lake; and
new text end

new text begin (3) the amount of water to be appropriated under the proposal is consistent with the
amount anticipated to be needed by the applicant each year according to a water supply
plan approved by the commissioner under section 103G.291 before 2021.
new text end

new text begin (b) This subdivision expires January 1, 2041.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications for new or modified permits filed on or after that date.
new text end

Sec. 41.

Minnesota Statutes 2020, section 103G.287, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Issuance of certain permits. new text end

new text begin (a) Notwithstanding any other provision of law,
the commissioner must issue a water-use permit for appropriation from groundwater that
meets the criteria of subdivision 6. Nothing in this subdivision shall be construed to prohibit
the commissioner from imposing conditions on the permit so long as the conditions do not
prevent the applicant from appropriating the amount of groundwater applied for.
new text end

new text begin (b) This subdivision expires January 1, 2041.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications for new or modified permits filed on or after that date.
new text end

Sec. 42.

Minnesota Statutes 2020, section 103G.289, is amended to read:

103G.289 WELL INTERFERENCE; deleted text begin WELL SEALING deleted text end new text begin VALIDATION;
CONTESTED CASE new text end .

new text begin (a) new text end The commissioner shall not validate a new text begin claim for new text end well interference deleted text begin claim deleted text end if the affected
well has been sealed prior to the completion of the commissioner's investigation of the
complaint. If the well is sealed prior to completion of the investigation, the commissioner
must dismiss the complaint.

new text begin (b) When validating a claim for well interference, the commissioner must take into
account the condition of the affected well.
new text end

new text begin (c) Within 30 days after the commissioner's decision on a claim for well interference, a
party ordered by the commissioner to contribute to an affected well owner may petition for
a contested case hearing under sections 14.57 to 14.62. The commissioner must grant the
petitioner a contested case hearing on the commissioner's decision.
new text end

Sec. 43.

Minnesota Statutes 2020, section 115.03, subdivision 1, is amended to read:

Subdivision 1.

Generally.

new text begin (a) new text end The agency is hereby 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 deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end
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 deleted text begin shall deleted text end new text begin must new text end ,
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 deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end not become effective and deleted text begin shall deleted text end new text begin must new text end
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 deleted text begin shall deleted text end new text begin must new text end 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 fees deleted text begin therefor as are deleted text end new text begin
for the training as new text end necessary to cover the agency's costs. new text begin The fees under this clause are
subject to legislative approval under section 16A.1283. new text end 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;

deleted text begin (k) deleted text end new text begin (11) 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 (12) 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 (13) 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 (14) 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 new text begin for the training new text end as necessary to pay the agency's costs. new text begin The fees under this
clause are subject to legislative approval under section 16A.1283. new text end 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 (13), new text end must be submitted in
every odd-numbered year to the commissioner on a form provided by the commissioner.
The commissioner deleted text begin shall deleted text end new text begin must new text end 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. 44.

Minnesota Statutes 2020, section 115.455, is amended to read:

115.455 EFFLUENT LIMITATIONS; COMPLIANCE.

To the extent allowable under federal law, for a municipality that constructs a publicly
owned treatment works new text begin or for an industrial national pollutant discharge elimination system
and state disposal system permit holder that constructs a treatment works new text end to comply with a
new or modified effluent limitation, compliance with any new or modified effluent limitation
adopted after construction begins that would require additional capital investment is required
no sooner than 16 years after the date the facility begins operating.

Sec. 45.

Minnesota Statutes 2020, section 115.55, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Repaired drainage holes. new text end

new text begin A precast reinforced concrete tank that has one or
more openings in the exterior walls or tank bottom below the tank liquid level meets
minimum standards and criteria for subsurface sewage treatment systems if:
new text end

new text begin (1) the openings have been repaired or sealed; and
new text end

new text begin (2) all other requirements of the rules adopted under subdivision 3 are met.
new text end

Sec. 46.

Minnesota Statutes 2020, section 115.77, subdivision 1, is amended to read:

Subdivision 1.

Fees.

The agency deleted text begin shall deleted text end new text begin must new text end collect fees in amounts necessary, but no
greater than the amounts necessary, to cover the reasonable costs of reviewing applications
and issuing certifications. new text begin The fees under this subdivision are subject to legislative approval
under section 16A.1283.
new text end

Sec. 47.

Minnesota Statutes 2020, section 115.84, subdivision 2, is amended to read:

Subd. 2.

Rules.

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

Sec. 48.

Minnesota Statutes 2020, section 115.84, subdivision 3, is amended to read:

Subd. 3.

Fees.

(a) Until the agency adopts a rule establishing fees for certification, the
agency deleted text begin shall deleted text end new text begin must new text end collect fees from laboratories registering with the agency, but not
accredited by the commissioner of health under sections 144.97 to 144.99, in amounts
necessary to cover the reasonable costs of the certification program, including reviewing
applications, issuing certifications, and conducting audits and compliance assistance. new text begin The
fees under this paragraph are subject to legislative approval under section 16A.1283.
new text end

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

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

Sec. 49.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Chemical plastic recycling. new text end

new text begin "Chemical plastic recycling" means a
manufacturing process for converting post-use polymers into products, such as monomers,
oligomers, plastics, basic and unfinished chemicals, and other raw materials. Chemical
plastic recycling is not processing, treatment, incineration, disposal, or waste management,
as those terms are defined or used pursuant to chapters 115, 115A, and 116.
new text end

Sec. 50.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision
to read:

new text begin Subd. 3c. new text end

new text begin Chemical plastic recycling facility. new text end

new text begin "Chemical plastic recycling facility"
means a manufacturing facility that receives, stores, and converts post-use polymers it
receives using chemical plastic recycling. A chemical plastic recycling facility is not a
disposal facility, resource recovery facility, solid waste facility, or waste facility as those
terms are defined and regulated pursuant to chapters 115, 115A, and 116.
new text end

Sec. 51.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision
to read:

new text begin Subd. 24c. new text end

new text begin Post-use polymers. new text end

new text begin "Post-use polymers" means plastic that:
new text end

new text begin (1) is derived from any industrial, commercial, agricultural, or domestic activities;
new text end

new text begin (2) is used as feedstock for chemical plastic recycling;
new text end

new text begin (3) is processed at a chemical plastic recycling facility or held at a chemical plastic
recycling facility before processing;
new text end

new text begin (4) is not stored at any one location for more than three years without being utilized for
chemical plastic recycling; and
new text end

new text begin (5) has been sorted from solid waste and regulated waste but may contain residual
amounts of solid waste such as organic materials and individual contaminants or impurities,
such as paper labels and metal rings.
new text end

Sec. 52.

Minnesota Statutes 2020, section 115A.03, subdivision 35, is amended to read:

Subd. 35.

Waste facility.

"Waste facility" means all property, real or personal, including
negative and positive easements and water and air rights, which is or may be needed or
useful for the processing or disposal of waste, except property for the collection of the waste
and property used primarily for the manufacture of scrap metal deleted text begin or deleted text end new text begin , new text end paper new text begin , or post-use
polymers new text end . Waste facility includes but is not limited to transfer stations, processing facilities,
and disposal sites and facilities.

Sec. 53.

new text begin [115A.143] MATTRESS RECYCLING.
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 terms in this subdivision
have the meanings given.
new text end

new text begin (b) "Brand" means a name, symbol, word, or mark that attributes a mattress to the
producer of the mattress.
new text end

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

new text begin (d) "Consumer" means an owner of a mattress, including a person, business, corporation,
limited partnership, nonprofit organization, or governmental entity, and including the ultimate
purchaser, owner, or lessee of a mattress. Consumer does not include a government
organization or other party that obtains one or more discarded mattresses in the course of
collecting used mattresses for recycling for purposes of this chapter, or through the ordinary
collection and handling of municipal solid waste.
new text end

new text begin (e) "Covered entity" means a commercial, institutional, governmental, or industrial
generator of mattresses that were used and discarded in the state, such as a health care
facility, educational facility, military base, or commercial or nonprofit lodging establishment.
Covered entity does not include a renovator, refurbisher, or person that only transports a
discarded mattress. Covered entities may engage in mattress collection or mattress drop-off
activities for mattresses that will be managed in the mattress stewardship program.
new text end

new text begin (f) "Discarded mattress" means a mattress that a consumer discarded, intends to discard,
or abandoned in the state.
new text end

new text begin (g) "Foundation" means any ticking-covered structure that is used to support a mattress
and that is composed of one or more of a constructed frame, foam, or a box spring whether
stationary, adjustable, or foldable.
new text end

new text begin (h) "Mattress" means any resilient material or combination of materials that is enclosed
by ticking, used alone or in combination with other products, and that is intended or promoted
for sleeping upon. Mattress includes any foundation and any used or renovated mattress.
Mattress does not include any mattress pad; mattress topper; sleeping bag; pillow; car bed;
carriage; basket; dressing table; stroller; playpen; infant carrier; lounge pad; crib or bassinet
mattress; crib bumper; liquid or gaseous filled ticking, including any water bed and any air
mattress that does not contain upholstery material between the ticking and the mattress core;
or upholstered furniture, including a sleeper sofa.
new text end

new text begin (i) "Mattress core" means the principal support system that is present in a mattress,
including but not limited to springs, foam, air bladder, water bladder, or resilient filling.
new text end

new text begin (j) "Mattress recycling council" or "council" means the nonprofit organization created
by producers or created by any trade association that represents producers who account for
a majority of mattress production in the United States to design, submit, and implement the
mattress stewardship program. Retailers may participate in the council.
new text end

new text begin (k) "Mattress stewardship fee" means the amount added to the purchase price of a mattress
sold to a consumer or to an ultimate end user in this state that is necessary to cover the cost
of accepting, transporting, and processing discarded mattresses according to the mattress
stewardship program established in this section.
new text end

new text begin (l) "Mattress stewardship program" or "program" means the statewide program and
implemented according to the mattress stewardship plan.
new text end

new text begin (m) "Mattress topper" means an item that contains resilient filling, with or without
ticking, that is intended to be used with or on top of a mattress.
new text end

new text begin (n) "Performance goal" means a metric proposed by the council to annually measure the
performance of the mattress stewardship program, taking into consideration technical and
economic feasibilities in achieving continuous, meaningful improvement in the rate of
mattress recycling in the state and any other specified goal of the program.
new text end

new text begin (o) "Producer" means a person who manufactures or renovates a mattress that is sold,
offered for sale, or distributed in the state under the producer's own name or brand. Producer
includes:
new text end

new text begin (1) the owner of a trademark or brand under which a mattress is sold, offered for sale,
or distributed in this state, whether or not the trademark or brand is registered in this state;
and
new text end

new text begin (2) a person who imports a mattress into the state that is sold or offered for sale in this
state, and that is manufactured or renovated by a person who does not have a presence in
the United States.
new text end

new text begin (p) "Qualified processor" means a recycling entity that recycles mattresses discarded in
the state under a contract with the council that meets the requirements set forth in subdivision
7.
new text end

new text begin (q) "Recyclable mattress" means a mattress that a consumer discarded, intends to discard,
or abandoned in the state, but does not include a mattress that cannot be safely recycled
because it is contaminated by putrescible solid waste or is substantially soiled, is infested
with bedbugs, or poses a risk to worker health or equipment, which should be disposed of
through the existing solid waste system.
new text end

new text begin (r) "Recycling" means a process in which discarded mattresses, components, and
by-products may lose their original identity or form as they are transformed into new, usable,
or marketable materials. Recycling does not include using destructive incineration.
new text end

new text begin (s) "Renovate" or "renovation" means altering a mattress for resale, including any one
or a combination of replacing the ticking or filling, adding additional filling, or replacing
components with new or recycled materials. Renovate or renovation does not include:
new text end

new text begin (1) stripping a mattress of its ticking or filling without adding new material;
new text end

new text begin (2) sanitizing or sterilizing a mattress without otherwise altering the mattress; or
new text end

new text begin (3) a renovator altering a mattress for a person who retains the altered mattress for
personal use, in accordance with chapter 325F.
new text end

new text begin (t) "Renovator" means a person who renovates discarded mattresses to resell the
mattresses to consumers.
new text end

new text begin (u) "Retailer" means a person who sells or offers to sell mattresses to a consumer or to
an ultimate end user in this state.
new text end

new text begin (v) "Sale" means transfer of title of a mattress for consideration to a consumer or an
ultimate end user in the state, including but not limited to by means of a sales outlet, catalog,
website, or similar electronic means.
new text end

new text begin (w) "Sanitizing" means directly applying chemicals to a mattress to kill human
disease-causing pathogens.
new text end

new text begin (x) "Sterilizing" means mitigating deleterious substances or organisms, including human
disease-causing pathogens, fungi, and insects from a mattress or filling material using a
chemical or heat process.
new text end

new text begin (y) "Ticking" means the outermost layer of fabric or material of a mattress. Ticking does
not include any layer of fabric or material quilted together with, or otherwise attached to,
the outermost layer of fabric or material of a mattress.
new text end

new text begin (z) "Unrecyclable mattress" means a mattress that a consumer discarded, intends to
discard, or abandoned in the state that is contaminated by putrescible solid waste or is
substantially soiled, is infested with bedbugs, or poses a risk to worker health or equipment,
which should be disposed of through the existing solid waste system.
new text end

new text begin (aa) "Upholstery material" means all material, loose or attached, between the ticking
and the core of a mattress.
new text end

new text begin Subd. 2. new text end

new text begin Mattress recycling council; required plan. new text end

new text begin (a) Within 180 days after the
effective date of this section, producers must establish a mattress recycling council in the
state.
new text end

new text begin (b) Within the later of 180 days after the effective date of this section or 30 days after
becoming a producer thereafter, each producer or the producer's designee must join the
mattress recycling council.
new text end

new text begin (c) Within 365 days after the effective date of this section, the council must submit a
plan for approval by the commissioner to establish a statewide mattress stewardship program,
as described in this subdivision.
new text end

new text begin (d) At least once every five years after the plan identified in paragraph (c) is approved,
the mattress recycling council shall review the plan and determine whether amendments to
the plan are necessary. If the council determines amendments to the plan are necessary, it
shall amend the plan. If the council determines that no amendments to the plan are necessary,
it shall send a letter to the commissioner explaining that the council has reviewed the plan
and determined no revisions are needed. The commissioner may disapprove the council's
determination within 30 days of that determination if it concludes that the council cannot
implement the objectives of this chapter without amending the plan. If the commissioner
disapproves the determination, the commissioner shall explain, in writing, why amendments
to the plan are necessary to comply with this section, and the mattress recycling council
shall resubmit an amended plan. If the commissioner finds that the amended plan resubmitted
by the council does not comply with the requirements of paragraph (e), the mattress recycling
council shall not be deemed in compliance until the council submits an amended plan that
the commissioner finds complies with the requirements of paragraph (e).
new text end

new text begin (e) The mattress stewardship program plan submitted pursuant to this subdivision must,
in an economically efficient and practical manner:
new text end

new text begin (1) provide for a statewide network of convenient and accessible locations to receive
discarded mattresses at no charge to any person in the state with a discarded mattress that
was used and discarded in the state, including but not limited to participating covered entities
that accumulate and segregate a minimum of 100 recyclable mattresses for collection at one
time;
new text end

new text begin (2) may establish requirements for other minimum counts of accumulated mattresses
suitable to the operational constraints of covered entities' collection sites, and shall provide
for the transfer of collected recyclable mattresses from the premises of covered entities to
qualified processors;
new text end

new text begin (3) provide for end-of-life management of discarded mattresses collected according to
clauses (1) and (2) through negotiated agreements with public covered entities that accept
discarded mattresses at no charge to the public that pay the covered entity a fee for its
reasonable actual costs for the proper and cost-effective accepting, storing, transporting,
and handling of discarded mattresses for recycling or disposal. The council and any covered
entity are obligated to negotiate in good faith;
new text end

new text begin (4) provide for recycling of recyclable mattresses by a qualified processor;
new text end

new text begin (5) describe how the council will coordinate the program with existing consolidation,
transportation, and recycling programs for discarded mattresses;
new text end

new text begin (6) provide suitable storage containers at or make other mutually agreeable storage and
transport arrangements for covered entities for segregated, recyclable mattresses, at no cost
to the covered entity, provided the covered entity can accumulate and store at least 50
recyclable mattress, makes space available for the purpose, and imposes no fee for placement
of the storage container on the covered entity premises;
new text end

new text begin (7) provide that the council will conduct research as needed related to improving discarded
mattress collection, dismantling, and recycling operations, including pilot programs to test
new processes, methods, or equipment on a local, regional, or otherwise limited basis;
new text end

new text begin (8) include a mattress stewardship fee set in accordance with paragraph (f) that is
sufficient to cover but not exceed the costs of operating and administering the program;
new text end

new text begin (9) identify each producer and retailer participating in the program as a member of the
council participating in the program;
new text end

new text begin (10) describe the roles and responsibilities of producers and retailers participating in the
program;
new text end

new text begin (11) describe the mattress stewardship fee for the program and a proposed budget;
new text end

new text begin (12) describe the mattress stewardship fee collection procedures and how producers and
retailers are notified of the procedures;
new text end

new text begin (13) establish program performance goals for the first two years of the program and
annual diversion targets and recycling rates of mattresses based on estimated or actual sales
and estimated discarded mattresses;
new text end

new text begin (14) describe how the program will, to the extent economically efficient and practical,
achieve continuous meaningful improvement in the mattress diversion targets, mattress
collection rates, mattress recycling rates, mattress material recovery rates, and any other
approved performance goals of the program;
new text end

new text begin (15) identify proposed consolidation and recycling facilities to be used by the program;
new text end

new text begin (16) describe the action for implementing and achieving convenient, statewide access
to the program;
new text end

new text begin (17) detail how the program will promote recycling discarded mattresses consistent with
the state's solid waste management hierarchy;
new text end

new text begin (18) describe how the council will coordinate the program with existing consolidation,
transportation, and recycling programs for discarded mattresses;
new text end

new text begin (19) establish program performance goals for the material recovery rate from mattresses
collected for recycling and utilize these criteria when evaluating vendor performance;
new text end

new text begin (20) describe how the program will set and implement convenience goals and a timeline
for implementing and achieving convenient access to the program;
new text end

new text begin (21) identify program expenditure categories that will be reported each year in the annual
report;
new text end

new text begin (22) describe how the council will notify the commissioner in a timely manner of events
or circumstances that materially alter or disrupt program operations as approved in the
stewardship plan; and
new text end

new text begin (23) include a description of public education regarding the program.
new text end

new text begin (f) The council must set the amount of the mattress stewardship fee that is added to the
purchase price of a mattress at the point of sale. The council must establish and implement
a mattress stewardship fee structure that covers but does not exceed the costs of developing
the plan described in paragraph (b), operating and administering the program described in
paragraph (a), and maintaining a financial reserve sufficient to operate the program over
multiple years in a fiscally prudent and responsible manner. The council must set the mattress
stewardship fee as a flat rate and not as a percentage of the purchase price. The council must
maintain all records relating to the program for not less than three years.
new text end

new text begin (g) Under the program, recycling is preferred over any other disposal method for
mattresses, to the extent that recycling is economically efficient and practical.
new text end

new text begin (h) The commissioner must approve the plan for establishing the mattress stewardship
program or any amendment if the plan or amendment meets the requirements of paragraphs
(e) to (g). No later than 90 days after the council submits the plan or amendment according
to this section, the commissioner must make a determination whether to approve the plan
or amendment. Before making the determination, the commissioner must post the plan on
the agency's website and offer a 30-day public comment period on the plan. Before approving
or disapproving the plan or amendment, the commissioner may solicit public comments on
the plan or amendment in a manner determined by the commissioner. If the commissioner
disapproves the plan or amendment because the plan or amendment does not meet the
requirements of paragraphs (e) to (g), the commissioner must describe the reasons for the
disapproval in a notice of determination that the commissioner provides to the council. The
council must revise and resubmit the plan to the commissioner within 45 days, or prepare
an amended plan within 180 days, after receiving notice of the commissioner's disapproval.
Within 45 days after receiving the revised plan or amendment, the commissioner must
review and approve or disapprove the plan or amendment and provide a notice of
determination to the council. The council may resubmit a revised plan or amendment to the
commissioner for approval no more than twice. If the council fails to submit a plan or
amendment that is acceptable to the commissioner because it does not meet the requirements
of paragraphs (e) to (g), the commissioner must modify a submitted plan or amendment to
make it conform to the requirements of paragraphs (e) to (g) and approve it. Within 180
days after approval of a plan or amendment according to this paragraph, the council must
implement the mattress stewardship program. Regardless of when the program begins, the
program's fiscal year begins January 1.
new text end

new text begin (i) The council must submit any proposed substantial change to the program to the
commissioner for review and approval, but without resubmitting the plan to the commissioner
for approval. If the commissioner does not disapprove a proposed substantial change within
90 days of receiving notice of the proposed substantial change, the proposed substantial
change is deemed approved. For purposes of this paragraph, "substantial change" means:
new text end

new text begin (1) a change in the processing facilities to be used for a discarded mattress collected
under the program; or
new text end

new text begin (2) a material change to the system for collecting mattresses.
new text end

new text begin (j) The council must notify the commissioner of other material changes to the program
on an ongoing basis, without submitting the change to the commissioner for approval.
Material changes include but are not limited to a change in the composition, officers, or
contact information of the council.
new text end

new text begin (k) Within 90 days after the end of the program's second fiscal year, and every five years
thereafter, the council must submit updated program performance and convenience goals
and associated implementation timelines to the commissioner that are based on the experience
of the program during the first two years of the program, and every subsequent five-year
term for review and approval according to the procedure in paragraph (h).
new text end

new text begin (l) The council must notify the commissioner in a timely manner of any temporary
disruptions in the program as approved, and the council's planned response to the disruption.
new text end

new text begin Subd. 3. new text end

new text begin Mattress stewardship fee review; prudent reserves. new text end

new text begin (a) Within 90 days after
the end of the program's second fiscal year and every two years thereafter, the council must
propose a mattress stewardship fee for all mattresses sold in this state.
new text end

new text begin (b) The council may propose a change to the mattress stewardship fee more frequently
than once every two years if the council determines the change is needed to avoid funding
shortfalls or excesses for the mattress stewardship program.
new text end

new text begin (c) Any mattress stewardship fee proposed after the end of the program's second fiscal
year must be reviewed by an independent auditor to ensure that the fee does not exceed the
cost to fund the mattress stewardship program described in subdivision 2, paragraph (f),
and to maintain financial reserves sufficient to operate the program over multiple years in
a fiscally prudent and responsible manner. After the first three fiscal years of program
implementation, the mattress recycling organization shall not maintain total reserves
exceeding 75 percent of its annual operating expenses, consistent with the requirements of
the Financial Accounting Standards Board's Accounting Standards Update 2016-14,
Not-for-Profit Entities (Topic 958), and any future updates to that standard. The commissioner
may authorize the total reserves to be increased up to 100 percent of the organization's
annual operating expenses if the commissioner determines the increase is necessary to
implement the requirements of this section.
new text end

new text begin (d) Within 60 days after the council proposes a mattress stewardship fee, the auditor
must render an opinion to the commissioner as to whether the proposed mattress stewardship
fee is reasonable to achieve the goals set forth in this section. If the auditor concludes that
the mattress stewardship fee is reasonable, then the proposed mattress stewardship fee goes
into effect within 180 days. If the auditor concludes that the mattress stewardship fee is not
reasonable, the auditor must provide the council with written notice explaining the auditor's
opinion. Within 60 days after the council receives the auditor's opinion, the council may
either propose a new mattress stewardship fee or provide written comments on the auditor's
opinion. If the auditor concludes that the mattress stewardship fee is not reasonable, the
commissioner must decide, based on the auditor's opinion and any comments provided by
the council, whether to approve the proposed mattress stewardship fee.
new text end

new text begin (e) The auditor, selected by the council, must be approved by the commissioner. The
cost of any work performed by the auditor under this paragraph must be paid by the mattress
stewardship fee.
new text end

new text begin (f) Two years after the program is implemented and every five years thereafter, the
council must cause a program audit to be conducted by an independent auditor. The audit
must review the accuracy of the council's data concerning the program and provide any
other information requested by the commissioner, consistent with the requirements of this
section, provided the request does not require the disclosure of proprietary information or
trade or business secrets. The council must pay for the audit. The council must maintain all
records relating to the program for at least three years.
new text end

new text begin Subd. 4. new text end

new text begin Annual report. new text end

new text begin Not later than July 1 each year, the council must submit an
annual report to the commissioner for the most recently completed calendar year. The council
must post the annual report on the council's website. The commissioner must post a link to
the annual report on the agency's website. The report must include:
new text end

new text begin (1) the tonnage and estimated number of mattresses collected under the program from
participating covered entities;
new text end

new text begin (2) the tonnage and estimated number of mattresses diverted for recycling;
new text end

new text begin (3) the tonnage and estimated number of discarded mattresses for the reporting period
as compiled by the participating covered entities and reported to the council;
new text end

new text begin (4) the weight of mattress materials recycled, as indicated by the weight of each of the
commodities sold to secondary markets and reported by qualified processors to the council;
new text end

new text begin (5) the weight of mattress materials sent for disposal and reported by qualified processors
to the council;
new text end

new text begin (6) a summary of the public education that supports the program and an evaluation of
its effectiveness;
new text end

new text begin (7) an evaluation of the effectiveness of methods and processes used to achieve statewide
convenience and accessibility performance goals of the program;
new text end

new text begin (8) recommendations for any changes to the program;
new text end

new text begin (9) total annual mattress sales and mattress stewardship fee revenues;
new text end

new text begin (10) an assessment of program performance for the reporting period compared to the
program performance goals in the approved plan;
new text end

new text begin (11) an assessment of the effectiveness of different types of mattress collection and
consolidation programs used throughout the state;
new text end

new text begin (12) annual program expenditures by program expenditure category;
new text end

new text begin (13) audited financial statements required by subdivision 3, paragraph (f); and
new text end

new text begin (14) other information consistent with this section and economically efficient and practical
to provide, requested by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Charging mattress stewardship fee; retailer and producer
participation. new text end

new text begin Upon implementation of the mattress stewardship program, each manufacturer,
renovator, retailer, or distributor that sells a mattress to a consumer or to an ultimate end
user in the state must add the mattress stewardship fee to the purchase price for the mattress
and must remit the mattress stewardship fee collected to the council. In each transaction,
the mattress stewardship fee must appear on the invoice and may be accompanied by a brief
description of the mattress stewardship fee. The council must determine the rules and
procedures necessary to implement collection of the mattress stewardship fee in a fair,
efficient, and lawful manner. Any producer or retailer who fails to participate in the program
must not sell mattresses in this state.
new text end

new text begin Subd. 6. new text end

new text begin Receipt of discarded mattresses. new text end

new text begin Upon implementation of the mattress
stewardship program and when the mattress stewardship fee goes into effect, a covered
entity that participates in the program must not charge for the receipt of discarded mattresses
that are discarded in this state, except that a person or entity may charge a fee for providing
a pickup service, including residential or commercial pickup services. A covered entity may
restrict the acceptance of mattresses by number or source.
new text end

new text begin Subd. 7. new text end

new text begin Qualified processor. new text end

new text begin (a) The council shall collect from each qualified recycler
the name, address, telephone number, and location of all mattress recycling facilities under
the direct control of the processor that may receive mattresses.
new text end

new text begin (b) The council's contract with each of its qualified processors must require that the
processor:
new text end

new text begin (1) comply with the requirements of this section;
new text end

new text begin (2) comply with all applicable health, environmental, safety, and financial responsibility
regulations;
new text end

new text begin (3) be licensed by all applicable governmental authorities; and
new text end

new text begin (4) possess commercial general liability insurance of not less than $1,000,000 per
occurrence.
new text end

new text begin (c) By March 1 of each year, each qualified processor shall submit an annual report to
the council in a format prescribed by the council, indicating the name and address of the
recycling facility, the fiscal year covered by the report, the quantity and weight of the
mattresses processed at the facility, and the amount by weight of each category of material
removed from discarded mattresses shipped to brokers, processors, manufacturers, solid
waste facilities, or other destinations.
new text end

new text begin Subd. 8. new text end

new text begin Consultation required. new text end

new text begin The mattress recycling council must consult with
stakeholders which may include retailers, collectors, recyclers, local governments, and
consumers during the development of the plan and any amendment of the plan.
new text end

new text begin Subd. 9. new text end

new text begin Plan availability. new text end

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

new text begin Subd. 10. new text end

new text begin Data classification. new text end

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

new text begin Subd. 11. new text end

new text begin Regional collaboration. new text end

new text begin In the event that another state implements a mattress
recycling program, the council may collaborate with that state to conserve efforts and
resources used in carrying out the mattress stewardship program, provided the collaboration
is consistent with the requirements of this section.
new text end

new text begin Subd. 12. new text end

new text begin Local government participation. new text end

new text begin (a) Cities, counties, public agencies, or
other political subdivisions may choose to participate in the stewardship program.
new text end

new text begin (b) Cities, counties, public agencies, or other political subdivisions are encouraged to
work with producers and the council to assist in meeting program goals and obligations by
providing education, outreach, or other strategies.
new text end

new text begin Subd. 13. new text end

new text begin Producer and retailer participation. new text end

new text begin A producer must join the council as
required in subdivision 2, paragraph (b). A retailer or other person selling a mattress to the
final consumer in the state must remit the mattress stewardship fee to the council for
mattresses sold to consumers in the state. A producer may not sell or distribute for sale or
use a mattress in the state if it has not joined the council. A retailer may not sell or distribute
for use mattresses of a producer that has not joined the council, except for inventory acquired
before the start date of the program or acquired during a time when the producer was
participating in the council.
new text end

new text begin Subd. 14. new text end

new text begin Prohibited uses. new text end

new text begin Stewardship assessment funds must not be used for any
penalties assessed under this section.
new text end

new text begin Subd. 15. new text end

new text begin Duty to provide information. new text end

new text begin Any producer, retailer, participating covered
entity, or qualified processor must furnish to the agency any information which that person
may have or may reasonably obtain that the agency requests for the sole purpose of
determining compliance under this section.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 54.

new text begin [115A.571] CHEMICAL PLASTIC RECYCLING.
new text end

new text begin Subdivision 1. new text end

new text begin Chemical plastic recycling facility. new text end

new text begin A chemical plastic recycling facility
and chemical plastic recycling are subject to all applicable federal, state, and local laws,
except chapters 115, 115A, and 116, and the rules adopted pursuant to those chapters.
new text end

new text begin Subd. 2. new text end

new text begin Solid waste management exemption requirements. new text end

new text begin (a) The solid waste
management exemption in subdivision 1 does not apply:
new text end

new text begin (1) if any solid waste other than or in addition to a post-use polymer or residual amounts
of organic material and incidental contaminants are treated, stored, processed, transferred,
or disposed of at a chemical plastic recycling facility; or
new text end

new text begin (2) to management of post-use polymers at any location other than a chemical plastic
recycling facility.
new text end

new text begin (b) To qualify for the solid waste management facility permit exemption in subdivision
1, a chemical plastic recycling facility must only treat, store, or process post-use polymers
in a fully enclosed building.
new text end

new text begin (c) The commissioner may enter and inspect any chemical plastic recycling facility to
determine whether the storage of materials prior to chemical plastic recycling is a nuisance
or poses a threat to human health or the environment. The commissioner may use the
enforcement authority under section 116.072 and Minnesota Rules, chapter 7035, to require
abatement of the nuisance or threat if found.
new text end

new text begin Subd. 3. new text end

new text begin Duty to report. new text end

new text begin The owner or operator of a chemical plastic recycling facility
must submit an annual report to the commissioner in a form and manner prescribed by the
commissioner that must include:
new text end

new text begin (1) the amount of post-use polymers accepted, stored, and managed at the facility;
new text end

new text begin (2) annual chemical plastic recycling throughput at the facility, including beginning and
ending volumes stored in a calendar year;
new text end

new text begin (3) to the extent known, the source and county of origin of the post-use polymers and
the amount and type of material collected from each source; and
new text end

new text begin (4) the amount, type, and destination of products and by-products produced through the
chemical plastic recycling, such as what weight of post-use polymers received went to an
end market, a broker, a processor, or a manufacturer or was managed as a waste.
new text end

new text begin Subd. 4. new text end

new text begin Duty to provide information. new text end

new text begin Any person must furnish to the commissioner
any information that the person may have or may reasonably obtain that the commissioner
requests for the purposes of determining compliance with statutes or rules pertaining to
chemical plastic recycling.
new text end

Sec. 55.

Minnesota Statutes 2020, section 115B.52, subdivision 4, is amended to read:

Subd. 4.

Reporting.

The commissioner of the Pollution Control Agency and the
commissioner of natural resources must jointly submit:

(1) by April 1, 2019, an implementation plan detailing how the commissioners will:

(i) determine how the priorities in the settlement will be met and how the spending will
move from the first priority to the second priority and the second priority to the third priority
outlined in the settlement; and

(ii) evaluate and determine what projects receive funding;

(2) by deleted text begin February 1 and August deleted text end new text begin October new text end 1 each year, a deleted text begin biannual deleted text end report to the chairs and
ranking minority members of the legislative policy and finance committees with jurisdiction
over environment and natural resources on expenditures from the water quality and
sustainability account during the previous deleted text begin six months deleted text end new text begin fiscal year new text end ; and

(3) by deleted text begin August 1, 2019, and deleted text end new text begin October 1 new text end each year deleted text begin thereafter deleted text end , a report to the legislature on
expenditures from the water quality and sustainability account during the previous fiscal
year and a spending plan for anticipated expenditures from the account during the current
fiscal year.

Sec. 56.

Minnesota Statutes 2020, section 116.03, subdivision 2b, is amended to read:

Subd. 2b.

Permitting efficiency.

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

(b) The commissioner deleted text begin shall deleted text end new text begin must new text end prepare deleted text begin an annual deleted text end new text begin semiannual new text end permitting efficiency
deleted text begin report deleted text end new text begin reports new text end that deleted text begin includes deleted text end new text begin include new text end statistics on meeting the new text begin tier 2 new text end goal in paragraph (a) and
the criteria for tier 2 by permit categories. The deleted text begin report is deleted text end new text begin reports are new text end due new text begin on February 1 and
new text end August 1 each year. For permit applications that have not met the goal, deleted text begin the deleted text end new text begin each new text end report must
state the reasons for not meeting the goal. In stating the reasons for not meeting the goal,
the commissioner deleted text begin shall deleted text end new text begin must new text end separately identify delays caused by the responsiveness of the
proposer, deleted text begin lack of staff, deleted text end scientific or technical disagreements, or the level of public
engagement. deleted text begin The deleted text end new text begin Each new text end report must specify the number of days from initial submission of
the application to the day of determination that the application is complete. deleted text begin The deleted text end new text begin Each new text end report
must aggregate the data for the deleted text begin year deleted text end new text begin reporting period new text end and assess whether program or system
changes are necessary to achieve the goal new text begin . Whenever a report required by this subdivision
states the number of permits completed within a particular period, the report must,
immediately after the number and in parentheses, state the percentage of total applications
received for that permit category that the number represents. Whenever a report required
by this subdivision states the number of permits completed within a particular period, the
report must separately state completion data for industrial and municipal permits new text end . The deleted text begin report deleted text end new text begin
reports new text end must be posted on the agency's website and submitted to the governor and the chairs
and ranking minority members of the house of representatives and senate committees having
jurisdiction over environment policy and finance.

(c) The commissioner deleted text begin shall deleted text end new text begin must new text end allow electronic submission of environmental review
and permit documents to the agency.

(d) Within 30 business days of application for a permit subject to paragraph (a), the
commissioner of the Pollution Control Agency deleted text begin shall deleted text end new text begin must new text end notify the permit applicant, in
writing, whether the application is complete or incomplete. If the commissioner determines
that an application is incomplete, the notice to the applicant must enumerate all deficiencies,
citing specific provisions of the applicable rules and statutes, and advise the applicant on
how the deficiencies can be remedied. If the commissioner determines that the application
is complete, the notice must confirm the application's tier 1 or tier 2 permit status. If the
commissioner believes that a complete application for a tier 2 construction permit cannot
be issued within the 150-day goal, the commissioner must provide notice to the applicant
with the commissioner's notice that the application is complete and, upon request of the
applicant, provide the permit applicant with a schedule estimating when the agency will
begin drafting the permit and issue the public notice of the draft permit. This paragraph
does not apply to an application for a permit that is subject to a grant or loan agreement
under chapter 446A.

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

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

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

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

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

(1) at least two weeks prior to the preapplication meeting, the applicant must submit at
least the following:

(i) project description, including, but not limited to, scope of work, primary emissions
points, discharge outfalls, and water intake points;

(ii) location of the project, including county, municipality, and location on the site;

(iii) business schedule for project completion; and

(iv) other information requested by the agency at least four weeks prior to the scheduled
meeting; and

(2) during the preapplication meeting, the agency deleted text begin shall deleted text end new text begin must new text end provide for the applicant
at least the following:

(i) an overview of the permit review program;

(ii) a determination of which specific application or applications will be necessary to
complete the project;

(iii) a statement notifying the applicant if the specific permit being sought requires a
mandatory public hearing or comment period;

(iv) a review of the timetable established in the permit review program for the specific
permit being sought; and

(v) a determination of what information must be included in the application, including
a description of any required modeling or testing.

(g) The applicant may select a permit professional to undertake the preparation of the
permit application and draft permit.

(h) If a preapplication meeting was held, the agency deleted text begin shall deleted text end new text begin must new text end , within seven business
days of receipt of an application, notify the applicant and submitting permit professional
that the application is complete or is denied, specifying the deficiencies of the application.

(i) Upon receipt of notice that the application is complete, the permit professional deleted text begin shall deleted text end new text begin
must new text end submit to the agency a timetable for submitting a draft permit. The permit professional
deleted text begin shall deleted text end new text begin must new text end submit a draft permit on or before the date provided in the timetable. Within 60
days after the close of the public comment period, the commissioner deleted text begin shall deleted text end new text begin must new text end notify the
applicant whether the permit can be issued.

(j) Nothing in this section deleted text begin shall deleted text end new text begin must new text end be construed to modify:

(1) any requirement of law that is necessary to retain federal delegation to or assumption
by the state; or

(2) the authority to implement a federal law or program.

(k) The permit application and draft permit deleted text begin shall deleted text end new text begin must new text end identify or include as an appendix
all studies and other sources of information used to substantiate the analysis contained in
the permit application and draft permit. The commissioner deleted text begin shall deleted text end new text begin must new text end request additional
studies, if needed, and the permit applicant deleted text begin shall deleted text end new text begin must new text end submit all additional studies and
information necessary for the commissioner to perform the commissioner's responsibility
to review, modify, and determine the completeness of the application and approve the draft
permit.

Sec. 57.

Minnesota Statutes 2020, section 116.07, subdivision 4d, is amended to read:

Subd. 4d.

Permit fees.

(a) The agency may collect permit fees in amounts not greater
than those necessary to cover the reasonable costs of developing, reviewing, and acting
upon applications for agency permits and implementing and enforcing the conditions of the
permits pursuant to agency rules. Permit fees deleted text begin shall deleted text end new text begin must new text end not include the costs of litigation.
The fee schedule must reflect reasonable and routine direct and indirect costs associated
with permitting, implementation, and enforcement. The agency may impose an additional
enforcement fee to be collected for deleted text begin a period of deleted text end up to two years to cover the reasonable costs
of implementing and enforcing the conditions of a permit under the rules of the agency.
new text begin Water fees under this paragraph are subject to legislative approval under section 16A.1283.
new text end Any money collected under this paragraph deleted text begin shall deleted text end new text begin must new text end be deposited in the environmental
fund.

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

(c) The agency deleted text begin shall deleted text end new text begin must new text end set fees that:

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

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

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

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

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

(e) Any money collected under paragraphs (b) to (d) must be deposited in the
environmental fund and must be used solely for the activities listed in paragraph (b).

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

(g) The fees under this subdivision are exempt from section 16A.1285.

Sec. 58.

Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Unadopted rules. new text end

new text begin The commissioner of the Pollution Control Agency must
not enforce or attempt to enforce an unadopted rule. For purposes of this subdivision,
"unadopted rule" means a guideline, bulletin, criterion, manual standard, interpretive
statement, policy plan, or similar pronouncement if the guideline, bulletin, criterion, manual
standard, interpretive statement, policy plan, or similar pronouncement has not been adopted
according to the rulemaking process provided under chapter 14. If an unadopted rule is
challenged under section 14.381, the commissioner must cease enforcement of the unadopted
rule and overcome a presumption that the unadopted rule must be adopted according to the
rulemaking process provided under chapter 14.
new text end

Sec. 59.

Minnesota Statutes 2020, section 116B.03, subdivision 1, is amended to read:

Subdivision 1.

Parties.

Any person residing within the state; the attorney general; any
political subdivision of the state; any instrumentality or agency of the state or of a political
subdivision thereof; or any partnership, corporation, association, organization, or other
entity having shareholders, members, partners or employees residing within the state may
maintain a civil action in the district court for declaratory or equitable relief in the name of
the state of Minnesota against any person, for the protection of the air, water, land, or other
natural resources located within the state, whether publicly or privately owned, from
pollution, impairment, or destruction; provided, however, that no action deleted text begin shall be deleted text end new text begin is new text end allowable
deleted text begin hereunder deleted text end new text begin under this section new text end for new text begin :
new text end

new text begin (1) new text end acts taken by a person on land leased or owned by said person pursuant to a permit
or license issued by the owner of the land to said person which do not and can not reasonably
be expected to pollute, impair, or destroy any other air, water, land, or other natural resources
located within the state; deleted text begin provided further that no action shall be allowable under this section
for
deleted text end

new text begin (2) new text end conduct taken by a person pursuant to any environmental quality standard, limitation,
rule, order, license, stipulation agreement or permit issued by the Pollution Control Agency,
Department of Natural Resources, Department of Health or Department of Agriculture deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) issuance of a groundwater appropriation permit that meets the criteria under section
103G.287, subdivision 6, by the Department of Natural Resources. This clause expires
January 1, 2041.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications for new or modified permits filed on or after that date.
new text end

Sec. 60.

Minnesota Statutes 2020, section 116B.10, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Application. new text end

new text begin No action is allowable under this section for issuance of a
groundwater appropriation permit that meets the criteria under section 103G.287, subdivision
6, by the Department of Natural Resources. This subdivision expires January 1, 2041.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications for new or modified permits filed on or after that date.
new text end

Sec. 61.

Minnesota Statutes 2020, section 116D.04, subdivision 2a, is amended to read:

Subd. 2a.

When prepared.

(a) Where there is potential for significant environmental
effects resulting from any major governmental action, the action must be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement must be an analytical rather than an encyclopedic
document that describes the proposed action in detail, analyzes its significant environmental
impacts, discusses appropriate alternatives to the proposed action and their impacts, and
explores methods by which adverse environmental impacts of an action could be mitigated.
The environmental impact statement must also analyze those economic, employment, and
sociological effects that cannot be avoided should the action be implemented. To ensure its
use in the decision-making process, the environmental impact statement must be prepared
as early as practical in the formulation of an action.

(b) The board deleted text begin shall deleted text end new text begin must new text end by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets must be prepared
as well as categories of actions for which no environmental review is required under this
section. A mandatory environmental assessment worksheet is not required for the expansion
of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), or the
conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol
facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded
or converted facility to produce alcohol fuel, but must be required if the ethanol plant or
biobutanol facility meets or exceeds thresholds of other categories of actions for which
environmental assessment worksheets must be prepared. The responsible governmental unit
for an ethanol plant or biobutanol facility project for which an environmental assessment
worksheet is prepared is the state agency with the greatest responsibility for supervising or
approving the project as a whole.

(c) A mandatory environmental impact statement is not required for a facility or plant
located outside the seven-county metropolitan area that produces less than 125,000,000
gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less than 400,000
tons of chemicals annually, if the facility or plant is: an ethanol plant, as defined in section
41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined in section 41A.15,
subdivision 2d; or a cellulosic biofuel facility. A facility or plant that only uses a cellulosic
feedstock to produce chemical products for use by another facility as a feedstock is not
considered a fuel conversion facility as used in rules adopted under this chapter.

(d) The responsible governmental unit deleted text begin shall deleted text end new text begin must new text end promptly publish notice of the
completion of an environmental assessment worksheet by publishing the notice in at least
one newspaper of general circulation in the geographic area where the project is proposed,
by posting the notice on a website that has been designated as the official publication site
for publication of proceedings, public notices, and summaries of a political subdivision in
which the project is proposed, or in any other manner determined by the board and deleted text begin shall deleted text end new text begin
must new text end provide copies of the environmental assessment worksheet to the board and its member
agencies. Comments on the need for an environmental impact statement may be submitted
to the responsible governmental unit during a 30-day period following publication of the
notice that an environmental assessment worksheet has been completed. The responsible
governmental unit may extend the 30-day comment period for an additional 30 days one
time. Further extensions of the comment period may not be made unless approved by the
project's proposer. The responsible governmental unit's decision on the need for an
environmental impact statement must be based on the environmental assessment worksheet
and the comments received during the comment period, and must be made within 15 days
after the close of the comment period. The board's chair may extend the 15-day period by
not more than 15 additional days upon the request of the responsible governmental unit.

(e) An environmental assessment worksheet must also be prepared for a proposed action
whenever material evidence accompanying a petition by not less than 100 individuals who
reside or own property in deleted text begin the state deleted text end new text begin a county where the proposed action will be undertaken
or in one or more adjoining counties new text end , submitted before the proposed project has received
final approval by the appropriate governmental units, demonstrates that, because of the
nature or location of a proposed action, there may be potential for significant environmental
effects. Petitions requesting the preparation of an environmental assessment worksheet must
be submitted to the board. The chair of the board deleted text begin shall deleted text end new text begin must new text end determine the appropriate
responsible governmental unit and forward the petition to it. A decision on the need for an
environmental assessment worksheet must be made by the responsible governmental unit
within 15 days after the petition is received by the responsible governmental unit. The
board's chair may extend the 15-day period by not more than 15 additional days upon request
of the responsible governmental unit.

(f) Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:

(1) the proposed action is:

(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or

(ii) an expansion of an existing animal feedlot facility with a total cumulative capacity
of less than 1,000 animal units;

(2) the application for the animal feedlot facility includes a written commitment by the
proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and

(3) the county board holds a public meeting for citizen input at least ten business days
before the Pollution Control Agency or county issuing a feedlot permit for the animal feedlot
facility unless another public meeting for citizen input has been held with regard to the
feedlot facility to be permitted. The exemption in this paragraph is in addition to other
exemptions provided under other law and rules of the board.

(g) The board may, before final approval of a proposed project, require preparation of
an environmental assessment worksheet by a responsible governmental unit selected by the
board for any action where environmental review under this section has not been specifically
provided for by rule or otherwise initiated.

(h) An early and open process must be used to limit the scope of the environmental
impact statement to a discussion of those impacts that, because of the nature or location of
the project, have the potential for significant environmental effects. The same process must
be used to determine the form, content, and level of detail of the statement as well as the
alternatives that are appropriate for consideration in the statement. In addition, the permits
that will be required for the proposed action must be identified during the scoping process.
Further, the process must identify those permits for which information will be developed
concurrently with the environmental impact statement. The board deleted text begin shall deleted text end new text begin must new text end provide in its
rules for the expeditious completion of the scoping process. The determinations reached in
the process must be incorporated into the order requiring the preparation of an environmental
impact statement.

(i) The responsible governmental unit deleted text begin shall deleted text end new text begin must new text end , to the extent practicable, avoid
duplication and ensure coordination between state and federal environmental review and
between environmental review and environmental permitting. Whenever practical,
information needed by a governmental unit for making final decisions on permits or other
actions required for a proposed project must be developed in conjunction with the preparation
of an environmental impact statement. When an environmental impact statement is prepared
for a project requiring multiple permits for which two or more agencies' decision processes
include either mandatory or discretionary hearings before a hearing officer before the
agencies' decision on the permit, the agencies may, notwithstanding any law or rule to the
contrary, conduct the hearings in a single consolidated hearing process if requested by the
proposer. All agencies having jurisdiction over a permit that is included in the consolidated
hearing deleted text begin shall deleted text end new text begin must new text end participate. The responsible governmental unit deleted text begin shall deleted text end new text begin must new text end establish
appropriate procedures for the consolidated hearing process, including procedures to ensure
that the consolidated hearing process is consistent with the applicable requirements for each
permit regarding the rights and duties of parties to the hearing, and deleted text begin shall deleted text end new text begin must new text end use the earliest
applicable hearing procedure to initiate the hearing. All agencies having jurisdiction over
a permit identified in the draft environmental assessment worksheet scoping document must
begin reviewing any permit application upon publication of the notice of preparation of the
environmental impact statement.

(j) An environmental impact statement must be prepared and its adequacy determined
within 280 days after notice of its preparation unless the time is extended by consent of the
parties or by the governor for good cause. The responsible governmental unit deleted text begin shall deleted text end new text begin must new text end
determine the adequacy of an environmental impact statement, unless within 60 days after
notice is published that an environmental impact statement will be prepared, the board
chooses to determine the adequacy of an environmental impact statement. If an environmental
impact statement is found to be inadequate, the responsible governmental unit has 60 days
to prepare an adequate environmental impact statement.

(k) The proposer of a specific action may include in the information submitted to the
responsible governmental unit a preliminary draft environmental impact statement under
this section on that action for review, modification, and determination of completeness and
adequacy by the responsible governmental unit. A preliminary draft environmental impact
statement prepared by the project proposer and submitted to the responsible governmental
unit must identify or include as an appendix all studies and other sources of information
used to substantiate the analysis contained in the preliminary draft environmental impact
statement. The responsible governmental unit deleted text begin shall deleted text end new text begin must new text end require additional studies, if needed,
and obtain from the project proposer all additional studies and information necessary for
the responsible governmental unit to perform its responsibility to review, modify, and
determine the completeness and adequacy of the environmental impact statement.

new text begin (l) A mandatory environmental assessment worksheet is not required for a project that
will diminish the course, current, or cross-section of one acre or more of any water unless
the affected water is on the public waters inventory described in section 103G.201.
new text end

Sec. 62.

Minnesota Statutes 2020, section 116U.55, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Events promotion account. new text end

new text begin The events promotion account is established as a
separate account in the natural resources fund. Money received under section 297A.94,
paragraph (l), must be deposited into the events promotion account for promoting special
events in the state. At least 50 percent of the money appropriated under this subdivision
must be for promoting special events outside of the metropolitan area.
new text end

Sec. 63.

Minnesota Statutes 2020, section 127A.353, subdivision 2, is amended to read:

Subd. 2.

Qualifications.

The governor shall select the school trust lands director on the
basis of outstanding professional qualifications and knowledge of finance, business practices,
minerals, forest and real estate management, and the fiduciary responsibilities of a trustee
to the beneficiaries of a trust. The school trust lands director serves in the unclassified service
for a term of four years. deleted text begin The first term shall end on December 31, 2020. deleted text end The governor may
remove the school trust lands director for cause. If a director resigns or is removed for cause,
the governor shall appoint a director for the remainder of the term.

Sec. 64.

Minnesota Statutes 2021 Supplement, section 127A.353, subdivision 4, is amended
to read:

Subd. 4.

Duties; powers.

(a) The school trust lands director shall:

(1) deleted text begin take an oath of office before assuming any duties as the director deleted text end new text begin act in a fiduciary
capacity for trust beneficiaries in accordance with the principles under section 127A.351 new text end ;

(2) evaluate the school trust land asset position;

(3) determine the estimated current and potential market value of school trust lands;

(4) advise new text begin and provide recommendations to new text end the governor deleted text begin , Executive Council,
commissioner of natural resources, and the Legislative Permanent School Fund Commission
on the management of school trust lands, including: deleted text end new text begin on school trust land management policies
and other policies that may affect the goal of the permanent school fund under section
127A.31;
new text end

new text begin (5) advise and provide recommendations to the Executive Council and Land Exchange
Board on all matters regarding school trust lands presented to either body;
new text end

new text begin (6) advise and provide recommendations to the commissioner of natural resources on
managing school trust lands, including but not limited to advice and recommendations on:
new text end

(i) Department of Natural Resources school trust land management plans;

(ii) leases of school trust lands;

(iii) royalty agreements on school trust lands;

(iv) land sales and exchanges;

(v) cost certification; and

(vi) revenue generating options;

new text begin (7) serve as temporary trustee of school trust lands for school trust lands subject to
proposed or active eminent domain proceedings;
new text end

new text begin (8) serve as temporary trustee of school trust lands pursuant to section 94.342, subdivision
5;
new text end

deleted text begin (5) propose deleted text end new text begin (9) submit new text end to the Legislative Permanent School Fund Commission new text begin for review
an annual budget and management plan for the director that includes proposed new text end legislative
changes that will improve the asset allocation of the school trust lands;

deleted text begin (6) deleted text end new text begin (10) new text end develop new text begin and implement new text end a ten-year strategic plan and a 25-year framework for
management of school trust lands, in conjunction with the commissioner of natural resources,
that is updated every five years deleted text begin and implemented by the commissioner deleted text end , with goals to:

(i) retain core real estate assets;

(ii) increase the value of the real estate assets and the cash flow from those assets;

(iii) rebalance the portfolio in assets with high performance potential and the strategic
disposal of selected assets;

(iv) establish priorities for management actions;

(v) balance revenue enhancement and resource stewardship; and

(vi) advance strategies on school trust lands to capitalize on ecosystem services markets; new text begin
and
new text end

deleted text begin (7) submit to the Legislative Permanent School Fund Commission for review an annual
budget and management plan for the director; and
deleted text end

deleted text begin (8) deleted text end new text begin (11) new text end keep the beneficiaries, governor, legislature, and the public informed about the
work of the director by reporting to the Legislative Permanent School Fund Commission
in a public meeting at least once during each calendar quarter.

(b) In carrying out the duties under paragraph (a), the school trust lands director deleted text begin shall
have the authority to deleted text end new text begin may new text end :

(1) direct and control money appropriated to the director;

(2) establish job descriptions and employ deleted text begin up to five employees in the unclassified service, deleted text end new text begin
staff new text end within the limitations of money appropriated to the director;

(3) enter into interdepartmental agreements with any other state agency;

(4) enter into joint powers agreements under chapter 471;

(5) evaluate and initiate real estate development projects on school trust lands new text begin in
conjunction with the commissioner of natural resources and new text end with the advice of the Legislative
Permanent School Fund Commission deleted text begin in order deleted text end to generate long-term economic return to the
permanent school fund; new text begin and
new text end

deleted text begin (6) serve as temporary trustee of school trust land for school trust lands subject to
proposed or active eminent domain proceedings; and
deleted text end

deleted text begin (7) deleted text end new text begin (6) new text end submit recommendations on strategies for school trust land leases, sales, or
exchanges to the commissioner of natural resources and the Legislative Permanent School
Fund Commission.

Sec. 65.

Minnesota Statutes 2020, section 282.08, is amended to read:

282.08 APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.

The net proceeds from the sale or rental of any parcel of forfeited land, or from the sale
of products from the forfeited land, must be apportioned by the county auditor to the taxing
districts interested in the land, as follows:

(1) the portion required to pay any amounts included in the appraised value under section
282.01, subdivision 3, as representing increased value due to any public improvement made
after forfeiture of the parcel to the state, but not exceeding the amount certified by the
appropriate governmental authority must be apportioned to the governmental subdivision
entitled to it;

(2) the portion required to pay any amount included in the appraised value under section
282.019, subdivision 5, representing increased value due to response actions taken after
forfeiture of the parcel to the state, but not exceeding the amount of expenses certified by
the Pollution Control Agency or the commissioner of agriculture, must be apportioned to
the agency or the commissioner of agriculture and deposited in the fund from which the
expenses were paid;

(3) the portion of the remainder required to discharge any special assessment chargeable
against the parcel for drainage or other purpose whether due or deferred at the time of
forfeiture, must be apportioned to the governmental subdivision entitled to it; and

(4) any balance must be apportioned as follows:

(i) The county board may annually by resolution set aside no more than 30 percent of
the receipts remaining to be used for forest development on tax-forfeited land and dedicated
memorial forests, to be expended under the supervision of the county board. It must be
expended only on projects improving the health and management of the forest resource.

(ii) The county board may annually by resolution set aside no more than 20 percent of
the receipts remaining to be used for the acquisition and maintenance of county parks or
recreational areas as defined in sections 398.31 to 398.36, to be expended under the
supervision of the county board.

(iii) new text begin The county board may by resolution set aside up to 100 percent of the receipts
remaining to be used:
new text end

new text begin (A) according to section 282.09, subdivision 2;
new text end

new text begin (B) for remediating contamination at tax-forfeited properties; or
new text end

new text begin (C) for correcting blighted conditions at tax-forfeited properties.
new text end

new text begin An election made under this item is effective for a minimum of five years, unless the county
board specifies a shorter duration.
new text end

new text begin (iv) new text end Any balance remaining must be apportioned as follows: county, 40 percent; town
or city, 20 percent; and school district, 40 percent, provided, however, that in unorganized
territory that portion which would have accrued to the township must be administered by
the county board of commissioners.

new text begin EFFECTIVE DATE. new text end

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

Sec. 66.

Minnesota Statutes 2020, 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) Starting after July 1, 2017, 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 parts in that month. For the remittances between July 1,
2017, and June 30, 2019, the monthly deposit amount is $2,628,000. For remittances in
each subsequent fiscal year, 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) 72.43 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.

(i) 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.

(j) 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.

(k) The revenues deposited under paragraphs (a) to (j) 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 (l) One percent of the revenues, including interest and penalties, transmitted to the
commissioner under section 297A.65, must be deposited in the state treasury and credited
to the events promotion account under section 116U.55, subdivision 3.
new text end

Sec. 67. new text begin CONTINUATION OF OTHER WATER APPROPRIATION PERMITS.
new text end

new text begin Prior to additional rulemaking or legislative action in response to the findings and
recommendations submitted pursuant to section 69, the commissioner of natural resources
shall not reduce appropriations under a groundwater appropriations permit, terminate
groundwater appropriations authorized by a permit, or decline to renew a groundwater
appropriations permit where:
new text end

new text begin (1) the permit was in effect as of December 31, 2021;
new text end

new text begin (2) the permit authorized appropriation of groundwater from a site located wholly or
partially within a five-mile radius of White Bear Lake;
new text end

new text begin (3) the permittee is in compliance with applicable permit terms; and
new text end

new text begin (4) the permittee is not a municipality.
new text end

Sec. 68. new text begin DEPARTMENT OF NATURAL RESOURCES REGISTRATION SYSTEM.
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) "Commissioner" means the commissioner of natural resources.
new text end

new text begin (c) "DNR" means the Department of Natural Resources.
new text end

new text begin (d) "DNR registration system" means the current Department of Natural Resources
system for boat, all-terrain vehicle, and snowmobile registrations.
new text end

new text begin Subd. 2. new text end

new text begin Request for proposals; scoring preference. new text end

new text begin When the commissioner issues
a request for proposals to replace the DNR registration system and scores the responses to
the request for proposals, the commissioner may give a preference to a software vendor that
currently provides vehicle registration software to the state in an amount commensurate
with the commissioner's assessments of the benefits of using an existing software vendor.
new text end

new text begin Subd. 3. new text end

new text begin Report to legislature. new text end

new text begin Within 45 days after a vendor has been selected to
provide software to replace the DNR registration system, the commissioner must report to
the chairs and ranking minority members of the legislative committees with jurisdiction
over transportation policy and finance and natural resources policy and finance. At a
minimum, the commissioner must include in the report:
new text end

new text begin (1) the names of all vendors who submitted a proposal;
new text end

new text begin (2) which vendor was selected;
new text end

new text begin (3) the estimated timeline for implementing the new registration system;
new text end

new text begin (4) if a preference was given as described in subdivision 2, what the preference was and
how the commissioner arrived at that number; and
new text end

new text begin (5) if a software vendor that currently provides vehicle registration software to the state
submitted a proposal and that vendor was not selected, an explanation of why that vendor
was not selected.
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. 69. new text begin ENSURING SUSTAINABLE GROUNDWATER LEVELS IN WHITE
BEAR LAKE AND RELATED AQUIFERS.
new text end

new text begin The commissioner of natural resources, in cooperation with the Minnesota Department
of Health, the Metropolitan Council, and representatives of east metropolitan area
municipalities, must explore available options for supplying east metropolitan area
communities with safe drinking water in a manner that allows municipal growth while
simultaneously ensuring the sustainability and quality of the state's water resources in and
around White Bear Lake and neighboring aquifers. By October 1, 2023, the commissioner
must report findings and recommendations to the chairs and ranking minority members of
the legislative committees and divisions with jurisdiction over environment and natural
resources.
new text end

Sec. 70. new text begin FACILITATING SAFE TRAVEL ON COUNTY STATE-AID HIGHWAY
13 IN MURRAY COUNTY.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin Notwithstanding any other provision of law, the
commissioner of natural resources must do all of the following to ensure that the portion
of County State-Aid Highway 13 in Murray County that extends over Lake Shetek between
170th Avenue and Lakeview Drive can be widened to a sufficient width to ensure traveler
safety:
new text end

new text begin (1) issue any permits applied for by the county as part of a project to widen the highway;
and
new text end

new text begin (2) convey to the county any right-of-way, easement, or other interest in real property
administered by the Department of Natural Resources that is necessary to facilitate the
widening.
new text end

new text begin Subd. 2. new text end

new text begin Sufficient width. new text end

new text begin For purposes of subdivision 1, "sufficient width to ensure
traveler safety" means a width of at least 70 feet, including room for two lanes of vehicular
traffic, a shoulder on each side, and a shared-use path on each side to safely accommodate
bicycle and pedestrian transportation. Any riprap needed to ensure the structural integrity
of the widened highway must be in addition to the 70-foot width required by this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Reporting. new text end

new text begin The commissioner of natural resources must immediately report
to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over environment and natural resources if the
commissioner denies any permit or other request made by Murray County in connection
with the widening described in this section. A report under this subdivision must explain
the reason for the denial, including the statute or rule that prohibits the commissioner from
granting the permit or other request. A policy decision by the Department of Natural
Resources that the lake is more important than protecting the lives of travelers on the highway
does not constitute a sufficient explanation for a decision to deny a permit under this
subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of
Murray County and its chief clerical officer comply with the requirements of Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 71. new text begin FILLING OF CERTAIN POLLUTION CONTROL AGENCY AIR PERMIT
PROGRAM VACANCIES.
new text end

new text begin Subdivision 1. new text end

new text begin Duty to fill certain positions. new text end

new text begin The commissioner of the Pollution Control
Agency must do the following for each position in the agency's air permit program that has
been open for at least one year as of the effective date of this section:
new text end

new text begin (1) within 60 days of the effective date of this section, post job opening information for
each position in the manner normally used by the commissioner to post job openings;
new text end

new text begin (2) within 90 days of the effective date of this section, conduct interviews to fill each
position; and
new text end

new text begin (3) within 120 days of the effective date of this section, complete hiring to fill each
position.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin By January 15, 2024, the commissioner must submit a report to the
chairs and ranking minority members of the house of representatives and senate committees
and divisions with jurisdiction over environment and natural resources on efforts to comply
with this section. The report must include the following:
new text end

new text begin (1) a summary of the commissioner's efforts to comply with each clause in subdivision
1; and
new text end

new text begin (2) for any position that receives less than five applicants, an explanation of the need
for each of the job requirements included in the job posting.
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. 72. new text begin INTERIM PROVISIONS.
new text end

new text begin (a) From the effective date of this section until the rules under section 77 are adopted,
to the extent allowable under the federal Clean Water Act or other federal laws, this section
applies to discharges from facilities that process sugar beets outside the Lake Superior basin.
new text end

new text begin (b) If a whole effluent toxicity test, as defined under Minnesota Rules, part 7050.0218,
subpart 3, item AAA, is performed on the effluent of a point source discharger that is a
facility that processes sugar beets and results in less than 50 percent mortality of the test
organisms or if a demonstration is provided under Minnesota Rules, part 7052.0210, subpart
1, that 0.3 acute toxic units can be met at the edge of an approved acute mixing zone, the
effluent must not be considered acutely toxic or lethal to aquatic organisms unless the
commissioner of the Pollution Control Agency finds that the test species do not represent
sensitive organisms in the affected surface water body or the whole effluent toxicity test
was performed on a sample not representative of the effluent quality.
new text end

new text begin (c) The commissioner of the Pollution Control Agency must establish whole effluent
toxicity mixing zones and whole effluent toxicity water-quality-based effluent limitations
and permit conditions for facilities that process sugar beets according to Minnesota Rules,
parts 7052.0210, subparts 1 and 2, and 7052.0240.
new text end

new text begin (d) The antibacksliding provisions of Minnesota Rules, part 7001.1080, subpart 9, do
not apply to new or revised permit conditions established under paragraph (c).
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. 73. new text begin REGISTRATION DECAL FORMAT TRANSITION.
new text end

new text begin Separately displaying registration numbers is not required when a larger-format
registration decal as provided under Minnesota Statutes, section 84.82, subdivision 2, is
displayed according to Minnesota Statutes, section 84.82, subdivision 3b. Snowmobiles
displaying valid but older smaller-format registration decals must display the separate
registration numbers. Persons may obtain duplicate registration decals in the new, larger
format, when available, without being required to display the separate registration numbers.
new text end

Sec. 74. new text begin REQUIRED RULEMAKING.
new text end

new text begin (a) The commissioner of natural resources must amend Minnesota Rules as follows:
new text end

new text begin (1) part 6100.5000, subpart 1, by striking the last sentence and inserting "The registration
number remains the same if renewed by July 1 following the expiration date.";
new text end

new text begin (2) part 6100.5700, subpart 1, item C, by striking the reference to registration numbers;
and
new text end

new text begin (3) part 6230.0250, subpart 10, item A, subitem (2), by changing the word "hunter" to
"person".
new text end

new text begin (b) The commissioner may use the good-cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388.
new text end

Sec. 75. new text begin STATE IMPLEMENTATION PLAN REVISIONS.
new text end

new text begin (a) The commissioner of the Pollution Control Agency must seek approval from the
federal Environmental Protection Agency for revisions to the state's federal Clean Air Act
state implementation plan so that under the revised plan, the Pollution Control Agency is
prohibited from applying a national or state ambient air quality standard in a permit issued
solely to authorize operations to continue at an existing facility with unmodified emissions
levels. Nothing in this section must be construed to require the commissioner to apply for
a revision that would prohibit the agency from applying a national or state ambient air
quality standard in a permit that authorizes an increase in emissions due to construction of
a new facility or in a permit that authorizes changes to existing facilities that result in a
significant net emissions increase of a regulated NSR pollutant, as defined in Code of Federal
Regulations, title 40, section 52.21(b)(50).
new text end

new text begin (b) The commissioner of the Pollution Control Agency must report quarterly to the chairs
and ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over environment and natural resources policy on the status of
efforts to implement paragraph (a) until the revisions required by paragraph (a) have been
either approved or denied.
new text end

Sec. 76. new text begin WHOLE EFFLUENT TOXICITY RULEMAKING FOR FACILITIES
THAT PROCESS SUGAR BEETS.
new text end

new text begin (a) By January 31, 2023, the commissioner of the Pollution Control Agency must adopt
rules on:
new text end

new text begin (1) evaluating and applying whole effluent toxicity (WET) as water-quality-based effluent
limitations and permit conditions for discharges from facilities that process sugar beets that
are located outside the Lake Superior basin; and
new text end

new text begin (2) the applicability and standards for acute and chronic mixing zones at those facilities.
new text end

new text begin (b) Rules adopted under this section must be substantially identical to Minnesota Rules,
parts 7052.0210, subparts 1 and 2, and 7052.0240, so that, to the greatest extent possible,
facilities that process sugar beets in all parts of the state are subject to the same mixing
zones requirements and acute and chronic WET requirements for establishing permit
conditions.
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. 77. new text begin PFAS MONITORING PLAN EXPENSES.
new text end

new text begin Notwithstanding any other provision of law, the commissioner of the Pollution Control
Agency shall not require a person, facility, or other entity to monitor PFAS as part of its
March 2022 PFAS monitoring plan unless the monitoring can be done at no cost to the
person, facility, or other entity or unless the commissioner agrees to reimburse the person,
facility, or other entity for all costs of the monitoring. Nothing in this section shall be
construed to prohibit:
new text end

new text begin (1) voluntary compliance with an agency request to monitor PFAS;
new text end

new text begin (2) compliance with a PFAS monitoring requirement that is not part of the March 2022
PFAS monitoring plan; or
new text end

new text begin (3) a PFAS monitoring requirement imposed as a result of a known release or threatened
release of PFAS from a facility.
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. 78. new text begin RED RIVER OF THE NORTH; ADAPTIVE PHOSPHORUS
MANAGEMENT FEASIBILITY ASSESSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Assessment contents. new text end

new text begin The Red River Basin Commission must facilitate
the development of a feasibility assessment of adaptive phosphorus management for the
Red River of the North. The commission may contract with outside experts or academic
institutions in developing the assessment. The assessment:
new text end

new text begin (1) must address applicable water quality targets for phosphorous loading;
new text end

new text begin (2) must include an allocation of phosphorus between point and nonpoint sources;
new text end

new text begin (3) must identify cost-effective nutrient reduction implementation strategies; and
new text end

new text begin (4) may include other state water quality goals and objectives.
new text end

new text begin Subd. 2. new text end

new text begin Advisory group. new text end

new text begin In developing the assessment, the Red River Basin Commission
shall work in cooperation with an advisory group consisting of representatives from the
Minnesota Agricultural Water Resource Center, the Red River Watershed Management
Board, other agricultural groups, soil and water conservation districts, watershed districts,
cities, and other Minnesota organizations represented on the board of directors of the Red
River Basin Commission. The Red River Basin Commission may also work with
representatives from similar organizations from North Dakota, South Dakota, and Manitoba.
new text end

new text begin Subd. 3. new text end

new text begin Reporting. new text end

new text begin By June 30, 2024, the Red River Basin Commission must submit
the final assessment to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over agriculture policy and finance.
By December 31 of each year prior to the submission of the final assessment, the commission
must submit a progress report on the assessment's development to these same recipients.
new text end

Sec. 79. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2020, sections 97B.318; and 97C.515, subdivisions 4 and 5, new text end new text begin are
repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 6100.5000, subparts 3, 4, and 5; 6100.5700, subpart 4; and
6232.0350, new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Laws 2013, chapter 121, section 53, new text end new text begin is repealed.
new text end

ARTICLE 3

STATE LANDS

Section 1.

Minnesota Statutes 2021 Supplement, section 84.63, is amended to read:

84.63 CONVEYING INTERESTS IN LANDS TO STATE, FEDERAL, AND
TRIBAL GOVERNMENTS.

(a) Notwithstanding any existing law to the contrary, the commissioner of natural
resources is hereby authorized on behalf of the state to convey to the United States, to a
federally recognized Indian Tribe, or to the state of Minnesota or any of its subdivisions,
upon state-owned lands under the administration of the commissioner of natural resources,
permanent or temporary easements for specified periods or otherwise for trails, highways,
roads including limitation of right of access from the lands to adjacent highways and roads,
flowage for development of fish and game resources, stream protection, flood control, and
necessary appurtenances thereto, such conveyances to be made upon such terms and
conditions including provision for reversion in the event of non-user as the commissioner
of natural resources may determine.

(b) In addition to the fee for the market value of the easement, the commissioner of
natural resources shall assess the applicant the following fees:

(1) an application fee of $2,000 to cover reasonable costs for reviewing the application
and preparing the easement; and

(2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the improvement for which the easement was conveyed and preparing special
terms and conditions for the easement. The commissioner must give the applicant an estimate
of the monitoring fee before the applicant submits the fee.

(c) The applicant shall pay these fees to the commissioner of natural resources. The
commissioner shall not issue the easement until the applicant has paid in full the application
fee, the monitoring fee, and the market value payment for the easement.

(d) Upon completion of construction of the improvement for which the easement was
conveyed, the commissioner shall refund the unobligated balance from the monitoring fee
revenue. The commissioner shall not return the application fee, even if the application is
withdrawn or denied.

(e) Money received under paragraph (b) must be deposited in the land management
account in the natural resources fund and is appropriated to the commissioner of natural
resources to cover the reasonable costs incurred for issuing and monitoring easements.

(f) A county or joint county regional railroad authority is exempt from all fees specified
under this section for trail easements on state-owned land.

(g) In addition to fees specified in this section, the applicant must reimburse the state
for costs incurred for cultural resources review, monitoring, or other services provided by
the Minnesota Historical Society under contract with the commissioner of natural resources
or the State Historic Preservation Office of the Department of Administration in connection
with the easement application, preparing the easement terms, or constructing the trail,
highway, road, or other improvements.

new text begin (h) Notwithstanding paragraphs (a) to (g), the commissioner of natural resources may
elect to assume the application fee under paragraph (b), clause (1), and waive or assume
some or all of the remaining fees and costs imposed under this section if the commissioner
determines that issuing the easement will benefit the state's land management interests.
new text end

Sec. 2.

Minnesota Statutes 2021 Supplement, section 84.631, is amended to read:

84.631 ROAD EASEMENTS ACROSS STATE LANDS.

(a) Except as provided in section 85.015, subdivision 1b, the commissioner of natural
resources, on behalf of the state, may convey a road easement across state land under the
commissioner's jurisdiction to a private person requesting an easement for access to property
owned by the person only if the following requirements are met: (1) there are no reasonable
alternatives to obtain access to the property; and (2) the exercise of the easement will not
cause significant adverse environmental or natural resource management impacts.

(b) The commissioner shall:

(1) require the applicant to pay the market value of the easement;

(2) limit the easement term to 50 years if the road easement is across school trust land;

(3) provide that the easement reverts to the state in the event of nonuse; and

(4) impose other terms and conditions of use as necessary and appropriate under the
circumstances.

(c) An applicant shall submit an application fee of $2,000 with each application for a
road easement across state land. The application fee is nonrefundable, even if the application
is withdrawn or denied.

(d) In addition to the payment for the market value of the easement and the application
fee, the commissioner of natural resources shall assess the applicant a monitoring fee to
cover the projected reasonable costs for monitoring the construction of the road and preparing
special terms and conditions for the easement. The commissioner must give the applicant
an estimate of the monitoring fee before the applicant submits the fee. The applicant shall
pay the application and monitoring fees to the commissioner of natural resources. The
commissioner shall not issue the easement until the applicant has paid in full the application
fee, the monitoring fee, and the market value payment for the easement.

(e) Upon completion of construction of the road, the commissioner shall refund the
unobligated balance from the monitoring fee revenue.

(f) Fees collected under paragraphs (c) and (d) must be credited to the land management
account in the natural resources fund and are appropriated to the commissioner of natural
resources to cover the reasonable costs incurred under this section.

(g) In addition to fees specified in this section, the applicant must reimburse the state
for costs incurred for cultural resources review, monitoring, or other services provided by
the Minnesota Historical Society under contract with the commissioner of natural resources
or the State Historic Preservation Office of the Department of Administration in connection
with the easement application, preparing the easement terms, or constructing the road.

new text begin (h) Notwithstanding paragraphs (a) to (g), the commissioner of natural resources may
elect to assume the application fee under paragraph (c) and waive or assume some or all of
the remaining fees and costs imposed under this section if the commissioner determines
that issuing the easement will benefit the state's land management interests.
new text end

Sec. 3.

Minnesota Statutes 2020, section 84.632, is amended to read:

84.632 CONVEYANCE OF UNNEEDED STATE EASEMENTS.

(a) Notwithstanding section 92.45, the commissioner of natural resources may, in the
name of the state, release all or part of an easement acquired by the state upon application
of a landowner whose property is burdened with the easement if the easement is not needed
for state purposes.

(b) All or part of an easement may be released by payment of the market value of the
easement. The release must be in a form approved by the attorney general.

(c) Money received under paragraph (b) must be credited to the account from which
money was expended for purchase of the easement. If there is no specific account, the money
must be credited to the land acquisition account established in section 94.165.

(d) In addition to payment under paragraph (b), the commissioner of natural resources
shall assess a landowner who applies for a release under this section an application fee of
$2,000 for reviewing the application and preparing the release of easement. The applicant
shall pay the application fee to the commissioner of natural resources. The commissioner
shall not issue the release of easement until the applicant has paid the application fee in full.
The commissioner shall not return the application fee, even if the application is withdrawn
or denied.

(e) Money received under paragraph (d) must be credited to the land management account
in the natural resources fund and is appropriated to the commissioner of natural resources
to cover the reasonable costs incurred under this section.

new text begin (f) Notwithstanding paragraphs (a) to (e), the commissioner of natural resources may
elect to assume the application fee under paragraph (d) and waive or assume some or all of
the remaining fees and costs imposed under this section if the commissioner determines
that issuing the easement release will benefit the state's land management interests.
new text end

Sec. 4.

Minnesota Statutes 2021 Supplement, section 92.502, is amended to read:

92.502 LEASING TAX-FORFEITED AND STATE LANDS.

(a) Notwithstanding section 282.04 or other law to the contrary, St. Louis County may
enter a 30-year lease of tax-forfeited land for a wind energy project.

(b) The commissioner of natural resources may enter a 30-year lease of land administered
by the commissioner for a wind energy project.

(c) The commissioner of natural resources may enter a 30-year lease of land administered
by the commissioner for recreational trails deleted text begin and deleted text end new text begin or new text end facilities. The commissioner may assess
the lease applicant a monitoring fee to cover the projected reasonable costs of monitoring
construction of the recreational trail or facility and preparing special terms and conditions
of the license to ensure proper construction. The commissioner must give the applicant an
estimate of the monitoring fee before the applicant is required to submit the fee. Upon
completion of construction of the trail or facility, the commissioner must refund the
unobligated balance from the monitoring fee revenue.

(d) Notwithstanding section 282.04 or other law to the contrary, Lake and St. Louis
Counties may enter into 30-year leases of tax-forfeited land for recreational trails and
facilities.

Sec. 5.

Minnesota Statutes 2020, section 282.04, subdivision 1, is amended to read:

Subdivision 1.

Timber sales; land leases and uses.

(a) The county auditor, with terms
and conditions set by the county board, may sell timber upon any tract that may be approved
by the natural resources commissioner. The sale of timber shall be made for cash at not less
than the appraised value determined by the county board to the highest bidder after not less
than one week's published notice in an official paper within the county. Any timber offered
at the public sale and not sold may thereafter be sold at private sale by the county auditor
at not less than the appraised value thereof, until the time as the county board may withdraw
the timber from sale. The appraised value of the timber and the forestry practices to be
followed in the cutting of said timber shall be approved by the commissioner of natural
resources.

(b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be made
in cash at the time of the timber sale, except in the case of oral or sealed bid auction sales,
the down payment shall be no less than 15 percent of the appraised value, and the balance
shall be paid prior to entry. In the case of auction sales that are partitioned and sold as a
single sale with predetermined cutting blocks, the down payment shall be no less than 15
percent of the appraised price of the entire timber sale which may be held until the satisfactory
completion of the sale or applied in whole or in part to the final cutting block. The value of
each separate block must be paid in full before any cutting may begin in that block. With
the permission of the county contract administrator the purchaser may enter unpaid blocks
and cut necessary timber incidental to developing logging roads as may be needed to log
other blocks provided that no timber may be removed from an unpaid block until separately
scaled and paid for. If payment is provided as specified in this paragraph as security under
paragraph (a) and no cutting has taken place on the contract, the county auditor may credit
the security provided, less any down payment required for an auction sale under this
paragraph, to any other contract issued to the contract holder by the county under this chapter
to which the contract holder requests in writing that it be credited, provided the request and
transfer is made within the same calendar year as the security was received.

(c) The county board may sell any timber, including biomass, as appraised or scaled.
Any parcels of land from which timber is to be sold by scale of cut products shall be so
designated in the published notice of sale under paragraph (a), in which case the notice shall
contain a description of the parcels, a statement of the estimated quantity of each species
of timber, and the appraised price of each species of timber for 1,000 feet, per cord or per
piece, as the case may be. In those cases any bids offered over and above the appraised
prices shall be by percentage, the percent bid to be added to the appraised price of each of
the different species of timber advertised on the land. The purchaser of timber from the
parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown in the
notice of sale as estimated to be standing on the land, and in addition shall pay at the same
rate for any additional amounts which the final scale shows to have been cut or was available
for cutting on the land at the time of sale under the terms of the sale. Where the final scale
of cut products shows that less timber was cut or was available for cutting under terms of
the sale than was originally paid for, the excess payment shall be refunded from the forfeited
tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board
as in case of other claims against the county. No timber, except hardwood pulpwood, may
be removed from the parcels of land or other designated landings until scaled by a person
or persons designated by the county board and approved by the commissioner of natural
resources. Landings other than the parcel of land from which timber is cut may be designated
for scaling by the county board by written agreement with the purchaser of the timber. The
county board may, by written agreement with the purchaser and with a consumer designated
by the purchaser when the timber is sold by the county auditor, and with the approval of
the commissioner of natural resources, accept the consumer's scale of cut products delivered
at the consumer's landing. No timber shall be removed until fully paid for in cash. Small
amounts of timber not exceeding 500 cords in appraised volume may be sold for not less
than the full appraised value at private sale to individual persons without first publishing
notice of sale or calling for bids, provided that in case of a sale involving a total appraised
value of more than $200 the sale shall be made subject to final settlement on the basis of a
scale of cut products in the manner above provided and not more than two of the sales,
directly or indirectly to any individual shall be in effect at one time.

(d) As directed by the county board, the county auditor may lease tax-forfeited land to
individuals, corporations or organized subdivisions of the state at public or private sale, and
at the prices and under the terms as the county board may prescribe, for use as cottage and
camp sites and for agricultural purposes and for the purpose of taking and removing of hay,
stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden sites
and other temporary uses provided that no leases shall be for a period to exceed deleted text begin ten deleted text end new text begin 25 new text end years;
provided, further that any leases involving a consideration of more than deleted text begin $12,000 deleted text end new text begin $50,000 new text end
per year, except to an organized subdivision of the state shall first be offered at public sale
in the manner provided herein for sale of timber. Upon the sale of any leased land, it shall
remain subject to the lease for not to exceed one year from the beginning of the term of the
lease. Any rent paid by the lessee for the portion of the term cut off by the cancellation shall
be refunded from the forfeited tax sale fund upon the claim of the lessee, to be audited and
allowed by the county board as in case of other claims against the county.

(e) As directed by the county board, the county auditor may lease tax-forfeited land to
individuals, corporations, or organized subdivisions of the state at public or private sale, at
the prices and under the terms as the county board may prescribe, for the purpose of taking
and removing for use for road construction and other purposes tax-forfeited stockpiled
iron-bearing material. The county auditor must determine that the material is needed and
suitable for use in the construction or maintenance of a road, tailings basin, settling basin,
dike, dam, bank fill, or other works on public or private property, and that the use would
be in the best interests of the public. No lease shall exceed ten years. The use of a stockpile
for these purposes must first be approved by the commissioner of natural resources. The
request shall be deemed approved unless the requesting county is notified to the contrary
by the commissioner of natural resources within six months after receipt of a request for
approval for use of a stockpile. Once use of a stockpile has been approved, the county may
continue to lease it for these purposes until approval is withdrawn by the commissioner of
natural resources.

(f) The county auditor, with the approval of the county board is authorized to grant
permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores,
tailings, or waste products from mines or ore milling plants, or to use for facilities needed
to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed
for a mining operation, upon the conditions and for the consideration and for the period of
time, not exceeding 25 years, as the county board may determine. The permits, licenses, or
leases are subject to approval by the commissioner of natural resources.

(g) Any person who removes any timber from tax-forfeited land before said timber has
been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor.

(h) The county auditor may, with the approval of the county board, and without first
offering at public sale, grant leases, for a term not exceeding 25 years, for the removal of
peat and for the production or removal of farm-grown closed-loop biomass as defined in
section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited lands
upon the terms and conditions as the county board may prescribe. Any lease for the removal
of peat, farm-grown closed-loop biomass, or short-rotation woody crops from tax-forfeited
lands must first be reviewed and approved by the commissioner of natural resources if the
lease covers 320 or more acres. No lease for the removal of peat, farm-grown closed-loop
biomass, or short-rotation woody crops shall be made by the county auditor pursuant to this
section without first holding a public hearing on the auditor's intention to lease. One printed
notice in a legal newspaper in the county at least ten days before the hearing, and posted
notice in the courthouse at least 20 days before the hearing shall be given of the hearing.

(i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis County
auditor may, at the discretion of the county board, sell timber to the party who bids the
highest price for all the several kinds of timber, as provided for sales by the commissioner
of natural resources under section 90.14. Bids offered over and above the appraised price
need not be applied proportionately to the appraised price of each of the different species
of timber.

(j) In lieu of any payment or deposit required in paragraph (b), as directed by the county
board and under terms set by the county board, the county auditor may accept an irrevocable
bank letter of credit in the amount equal to the amount otherwise determined in paragraph
(b). If an irrevocable bank letter of credit is provided under this paragraph, at the written
request of the purchaser, the county may periodically allow the bank letter of credit to be
reduced by an amount proportionate to the value of timber that has been harvested and for
which the county has received payment. The remaining amount of the bank letter of credit
after a reduction under this paragraph must not be less than 20 percent of the value of the
timber purchased. If an irrevocable bank letter of credit or cash deposit is provided for the
down payment required in paragraph (b), and no cutting of timber has taken place on the
contract for which a letter of credit has been provided, the county may allow the transfer
of the letter of credit to any other contract issued to the contract holder by the county under
this chapter to which the contract holder requests in writing that it be credited.

new text begin (k) As directed by the county board, the county auditor may lease tax-forfeited land
under the terms and conditions prescribed by the county board for the purposes of
investigating, analyzing, and developing conservation easements that provide ecosystem
services.
new text end

Sec. 6.

Minnesota Statutes 2020, section 282.04, is amended by adding a subdivision to
read:

new text begin Subd. 4b. new text end

new text begin Conservation easements. new text end

new text begin The county auditor, with prior review and
consultation with the commissioner of natural resources and under the terms and conditions
prescribed by the county board, including reversion in the event of nonuse, may convey
conservation easements as defined in section 84C.01 on tax-forfeited land.
new text end

Sec. 7. new text begin ADDITION TO STATE PARK.
new text end

new text begin [85.012] [Subd. 27.] Myre-Big Island State Park, Freeborn County. The following
area is added to Myre-Big Island State Park, Freeborn County: all that part of the Northeast
Quarter of the Southeast Quarter of Section 11, Township 102 North, Range 21 West of the
5th principal meridian, lying South of the Chicago, Milwaukee, St. Paul and Pacific Railway,
and subject to road easement on the easterly side thereof.
new text end

Sec. 8. new text begin DELETION FROM STATE FOREST.
new text end

new text begin new text begin [89.021] [Subd. 13.] Cloquet Valley State Forest. new text end The following areas are deleted from
Cloquet Valley State Forest:
new text end

new text begin (1) those parts of St. Louis County in Township 52 North, Range 16 West, described as
follows:
new text end

new text begin (i) Government Lots 1, 2, 3, 4, and 5 and the Southeast Quarter of the Southeast Quarter,
Northeast Quarter of the Southwest Quarter, and Southwest Quarter of the Southwest Quarter,
Section 21;
new text end

new text begin (ii) Government Lots 2, 3, 4, 5, 6, 7, 8, 9, and 10 and the Northeast Quarter of the
Northwest Quarter and Northwest Quarter of the Northwest Quarter, Section 22;
new text end

new text begin (iii) Government Lot 3, Section 23;
new text end

new text begin (iv) Government Lot 2, Section 24;
new text end

new text begin (v) Government Lots 1, 4, 5, 6, 7, 8, 9, and 10, Section 25;
new text end

new text begin (vi) Government Lot 1, Section 26;
new text end

new text begin (vii) Government Lots 2 and 7, Section 26;
new text end

new text begin (viii) Government Lots 3 and 4, Section 27, reserving unto grantor and grantor's
successors and assigns a 66-foot-wide access road easement across said Government Lot 3
for the purpose of access to grantor's or grantor's successor's or assign's land and grantor's
presently owned land that may be sold, assigned, or transferred in Government Lot 1, Section
27, said access road being measured 33 feet from each side of the centerline of that road
that is presently existing at various widths and running in a generally
southwesterly-northeasterly direction;
new text end

new text begin (ix) Government Lots 1 and 2, Section 28;
new text end

new text begin (x) Government Lots 1, 2, 3, and 5 and the Northeast Quarter of the Northeast Quarter
and Southwest Quarter of the Northeast Quarter, Section 29;
new text end

new text begin (xi) Government Lots 1, 2, 3, and 4, Section 31, reserving unto grantor and grantor's
successors and assigns a 66-foot-wide access road easement across said Government Lots
1, 2, and 3 for the purpose of access to grantor's or grantor's successor's or assign's land and
grantor's presently owned lands that may be sold, assigned, or transferred in Government
Lot 4, Section 29, said access road being measured 33 feet from each side of the centerline
of that road that is presently existing at various widths and running in a generally East-West
direction and any future extensions thereof as may be reasonably necessary to provide the
access contemplated herein;
new text end

new text begin (xii) Government Lots 5, 7, 8, and 9, Section 31;
new text end

new text begin (xiii) Government Lots 1 and 2, an undivided two-thirds interest in the Northeast Quarter
of the Northwest Quarter, an undivided two-thirds interest in the Southeast Quarter of the
Northwest Quarter, and an undivided two-thirds interest in the Southwest Quarter of the
Northwest Quarter, Section 32, reserving unto grantor and grantor's successors and assigns
an access road easement across the West 66 feet of the North 66 feet of said Government
Lot 1 for the purpose of access to grantor's or grantor's successor's or assign's land and
grantor's presently owned land that may be sold, assigned, or transferred in Government
Lot 4, Section 29; and
new text end

new text begin (xiv) the Northeast Quarter of the Northeast Quarter, Section 35;
new text end

new text begin (2) those parts of St. Louis County in Township 53 North, Range 13 West, described as
follows:
new text end

new text begin (i) all that part of the Northwest Quarter of the Northwest Quarter lying North and West
of the Little Cloquet River, Section 4;
new text end

new text begin (ii) Government Lots 1, 2, 3, 4, and 5 and the Northeast Quarter of the Northeast Quarter,
Northwest Quarter of the Northeast Quarter, Southwest Quarter of the Northeast Quarter,
Northeast Quarter of the Northwest Quarter, Southeast Quarter of the Northwest Quarter,
Northeast Quarter of the Southwest Quarter, and Southwest Quarter of the Northwest Quarter,
Section 5;
new text end

new text begin (iii) Government Lots 1, 2, and 4 and the Northwest Quarter of the Southeast Quarter,
Southeast Quarter of the Southeast Quarter, Southwest Quarter of the Southeast Quarter,
Southeast Quarter of the Southwest Quarter, and Southwest Quarter of the Southwest Quarter,
Section 6;
new text end

new text begin (iv) Government Lots 1, 2, 3, 4, 5, 6, and 7 and the Northwest Quarter of the Northeast
Quarter, Northeast Quarter of the Northwest Quarter, Northwest Quarter of the Northwest
Quarter, Southeast Quarter of the Northwest Quarter, Southwest Quarter of the Northwest
Quarter, Southeast Quarter of the Southeast Quarter, and Northeast Quarter of the Southwest
Quarter, Section 7;
new text end

new text begin (v) Government Lots 1 and 2 and the Northeast Quarter of the Northeast Quarter,
Northwest Quarter of the Northeast Quarter, Southeast Quarter of the Northeast Quarter,
Southwest Quarter of the Northeast Quarter, Northeast Quarter of the Southwest Quarter,
Northwest Quarter of the Southwest Quarter, and Southwest Quarter of the Southwest
Quarter, Section 8; and
new text end

new text begin (vi) the Northeast Quarter of the Northwest Quarter, Northwest Quarter of the Northwest
Quarter, Southeast Quarter of the Northwest Quarter, and Southwest Quarter of the Northwest
Quarter, Section 17;
new text end

new text begin (3) those parts of St. Louis County in Township 54 North, Range 13 West, described as
follows:
new text end

new text begin (i) Government Lots 1, 4, 5, 6, and 7, Section 20;
new text end

new text begin (ii) Government Lots 3, 4, 6, 7, and 8 and the Southeast Quarter of the Southwest Quarter,
Section 21;
new text end

new text begin (iii) Government Lots 1, 2, 3, 4, 5, and 7, Section 29;
new text end

new text begin (iv) Government Lots 1, 2, 3, 4, 9, and 10, Section 30; and
new text end

new text begin (v) Government Lots 5, 6, and 7 and the Northeast Quarter of the Northeast Quarter,
Northwest Quarter of the Northeast Quarter, Southwest Quarter of the Northeast Quarter,
Southeast Quarter of the Northwest Quarter, and Northwest Quarter of the Southeast Quarter,
Section 31;
new text end

new text begin (4) those parts of St. Louis County in Township 54 North, Range 16 West, described as
follows:
new text end

new text begin (i) Government Lots 2, 3, and 4 and the Northwest Quarter of the Southwest Quarter,
Southeast Quarter of the Northwest Quarter, Southeast Quarter of the Northeast Quarter,
and Southwest Quarter of the Northeast Quarter, Section 1;
new text end

new text begin (ii) Government Lots 1, 2, 3, 4, 6, 7, and 8 and the Northwest Quarter of the Southeast
Quarter, Northeast Quarter of the Southeast Quarter, Southwest Quarter of the Southeast
Quarter, Southeast Quarter of the Southeast Quarter, Southeast Quarter of the Southwest
Quarter, and Southeast Quarter of the Northeast Quarter, Section 2;
new text end

new text begin (iii) all that part of Government Lot 9 lying South of the Whiteface River and West of
County Road 547, also known as Comstock Lake Road, Section 3; and
new text end

new text begin (iv) Government Lots 3 and 4 and the Southeast Quarter of the Northeast Quarter and
Southwest Quarter of the Northeast Quarter, Section 10;
new text end

new text begin (5) those parts of St. Louis County in Township 55 North, Range 15 West, described as
follows:
new text end

new text begin (i) Government Lots 1 and 2, Section 11;
new text end

new text begin (ii) Government Lot 9, except the Highway 4 right-of-way, Section 11;
new text end

new text begin (iii) Government Lot 10, except the Highway 4 right-of-way, Section 11;
new text end

new text begin (iv) Government Lots 2, 3, 4, 5, 6, and 7, Section 15;
new text end

new text begin (v) Government Lots 2, 3, 5, 6, 7, and 8 and the Northeast Quarter of the Southwest
Quarter, Section 21;
new text end

new text begin (vi) the Southwest Quarter of the Northeast Quarter, reserving unto grantor and grantor's
successors and assigns a 66-foot-wide access easement across said Southwest Quarter of
the Northeast Quarter for the purpose of access to grantor's or grantor's successor's or assign's
land and grantor's presently owned land that may be sold, assigned, or transferred in
Government Lot 4, Section 21, Township 55 North, Range 15 West, said access road being
measured 33 feet on each side of the centerline of that road that is presently existing and
known as the Whiteface Truck Trail, Section 21;
new text end

new text begin (vii) Government Lots 1, 2, and 3, Section 22;
new text end

new text begin (viii) Government Lots 1 and 2 and the Northeast Quarter of the Northwest Quarter,
Section 28;
new text end

new text begin (ix) Government Lots 1, 4, 6, 8, and 9 and the Northeast Quarter of the Northeast Quarter,
Northeast Quarter of the Southeast Quarter, and Northwest Quarter of the Southwest Quarter,
Section 29;
new text end

new text begin (x) Government Lots 3 and 4 and the Northeast Quarter of the Southeast Quarter,
Northeast Quarter of the Southwest Quarter, and Southeast Quarter of the Southwest Quarter,
Section 30;
new text end

new text begin (xi) Government Lots 2, 3, 4, 5, 6, 8, 9, 10, and 11 and the Northeast Quarter of the
Southwest Quarter, Section 31; and
new text end

new text begin (xii) Government Lot 1, Section 32; and
new text end

new text begin (6) those parts of St. Louis County in Township 55 North, Range 16 West, described as
follows:
new text end

new text begin (i) the Southwest Quarter of the Southeast Quarter, reserving unto grantor and grantor's
successors and assigns a 66-foot-wide access road easement across said Southwest Quarter
of the Southeast Quarter for the purpose of access to grantor's or grantor's successor's or
assign's land and grantor's presently owned land that may be sold, assigned, or transferred
in Government Lot 5, Section 1, Township 54 North, Range 16 West, Section 35; and
new text end

new text begin (ii) the Southeast Quarter of the Southeast Quarter, reserving unto grantor and grantor's
successors and assigns a 66-foot-wide access road easement across said Southeast Quarter
of the Southeast Quarter for the purpose of access to grantor's or grantor's successor's or
assign's land and grantor's presently owned land that may be sold, assigned, or transferred
in Government Lot 5, Section 1, Township 54 North, Range 16 West, Section 35.
new text end

Sec. 9. new text begin ADDITION TO STATE FOREST.
new text end

new text begin [89.021] [Subd. 42a.] Riverlands State Forest. The following areas are added to
Riverlands State Forest, those parts of St. Louis County, described as follows:
new text end

new text begin (1) the Northwest Quarter of the Northwest Quarter, Section 16, Township 50 North,
Range 17 West;
new text end

new text begin (2) Government Lot 9, Section 26, Township 50 North, Range 17 West;
new text end

new text begin (3) the Northeast Quarter of the Southeast Quarter, Section 30, Township 51 North,
Range 19 West;
new text end

new text begin (4) Government Lot 6, Section 22, Township 51 North, Range 20 West; and
new text end

new text begin (5) Government Lot 9, Section 24, Township 52 North, Range 20 West.
new text end

Sec. 10. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; CASS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, 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 Cass County and is described as:
new text end

new text begin (1) the West 970 feet of the Northeast Quarter of the Southwest Quarter of Section 32,
Township 135 North, Range 29 West, Cass County, Minnesota, EXCEPT therefrom a
rectangular piece in the southeast corner thereof 370 feet North and South by 420 feet East
and West; and
new text end

new text begin (2) that part of Government Lot 6 of said Section 32, described as follows: beginning
at the northwest corner of said Government Lot 6; thence East along the north line of said
Government Lot 6 550 feet; thence South 30 degrees West 528 feet, more or less, to shoreline
of Agate Lake; thence northwest along said shoreline of Agate Lake to the west line of said
Government Lot 6; thence northerly along said west line 260 feet, more or less, to the point
of beginning.
new text end

new text begin (d) The land borders Agate 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. 11. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; FILLMORE COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c), subject to the state's reservation of trout stream easements.
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 Fillmore County and is described as: the South
13 acres, except the East 2 acres thereof, of the Northwest Quarter of the Southeast Quarter,
Section 21, Township 103, Range 10 West, Fillmore County, Minnesota, excepting therefrom
the Harmony-Preston Valley State Trail corridor, formerly the Chicago, Milwaukee, St.
Paul and Pacific Railroad Company right-of-way.
new text end

new text begin (d) The land borders the Root River and Watson Creek 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, provided that trout stream easements are reserved on the Root
River and Watson Creek, and that the state's land management interests would best be served
if the land was returned to private ownership.
new text end

Sec. 12. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; GOODHUE COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and
the public sale provisions of Minnesota Statutes, chapter 282, Goodhue County may convey
to the city of Wanamingo for no consideration the tax-forfeited land bordering public water
that is described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if the city of Wanamingo stops using the land for the public
purpose described in paragraph (d). 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 conveyed is located in Goodhue County and is described as: That part
of the Southeast Quarter of Section 30, Township 110 North, Range 16 West, Goodhue
County, Minnesota, described as follows: Commencing at the northeast corner of Lot 7,
Block 2, Axelson's Hillcrest Addition, according to the recorded plat thereof; thence South
89 degrees 48 minutes 15 seconds East (assuming that the east line of Axelson's Hillcrest
Addition also being the west line of the Southeast Quarter of said Section 30, has a bearing
of North 00 degrees 11 minutes 45 seconds East), a distance of 30.00 feet; thence North 00
degrees 11 minutes 45 seconds East, a distance of 342.00 feet to the point of beginning;
thence South 89 degrees 48 minutes 15 seconds East, a distance of 60.00 feet; thence North
00 degrees 11 minutes 45 seconds East, a distance of 280.00 feet; thence South 89 degrees
48 minutes 15 seconds East, a distance of 60.00 feet; thence North 00 degrees 11 minutes
45 seconds East, a distance of 394 feet, more or less to the north line of the Southeast Quarter
of said Section 30; thence westerly, along said north line, a distance of 150.00 feet, more
or less, to the northwest corner of said Southeast Quarter; thence South 00 degrees 11
minutes 45 seconds West, along the west line of said Southeast Quarter, a distance of 674
feet, more or less, to an intersection with a line bearing North 89 degrees 48 minutes 15
seconds West from said point of beginning; thence South 89 degrees 48 minutes 15 seconds
East, a distance of 30.00 feet to the point of beginning. EXCEPT that part of the above
description now platted as Emerald Valley (parcel number 70.380.0710).
new text end

new text begin (d) The county has determined that the land is needed for a park trail extension.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 13. new text begin PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER;
HENNEPIN 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) to a local unit of government 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 Hennepin County and is described as:
all those parts of Government Lot 5, Section 35, Township 118, Range 23, lying northerly
and northwesterly of East Long Lake Road, as it existed in 2021, easterly of a line drawn
parallel with and distant 924.88 feet westerly of the east line of said Government Lot 5, and
southerly of a line drawn westerly at a right angle to the east line of said Government Lot
5 from a point distant 620 feet South of the northeast corner of said Government Lot 5.
new text end

new text begin (d) The land borders Long 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 conveyed to a local unit of government.
new text end

Sec. 14. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; ITASCA COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, 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 Itasca County and is described as:
new text end

new text begin (1) the North 1,050.00 feet of Government Lot 1, Section 16, Township 55 North, Range
24 West of the fourth principal meridian, except that part described as follows: commencing
at the southeast corner of said Government Lot 1; thence North 0 degrees 46 minutes 09
seconds East, bearing assumed, along the east line thereof, a distance of 280.00 feet to the
point of beginning; thence North 89 degrees 13 minutes 51 seconds West, a distance of
345.00 feet; thence South 0 degrees 46 minutes 09 seconds West, a distance of 21.60 feet
to its intersection with the south line of the North 1,050.00 feet of said Government Lot 1;
thence South 89 degrees 08 minutes 51 seconds East along the south line of the North
1,050.00 feet of said Government Lot 1, a distance of 345.00 feet to the east line of said
Government Lot 1; thence North 0 degrees 46 minutes 09 seconds East, along the east line
of said Government Lot 1, a distance of 22.10 feet to the point of beginning. Subject to an
easement for ingress and egress over 66.00 feet in width, over, under, and across part of
Government Lot 1, Section 16, Township 55, Range 24. The centerline of said easement is
described as follows: commencing at the northeast corner of said Government Lot 1; thence
South 0 degrees 46 minutes 09 seconds West, bearing assumed, along the east line thereof,
a distance of 750.00 feet to the point of beginning of the centerline to be described; thence
North 89 degrees 08 minutes 51 seconds West, a distance of 845.00 feet; thence South 7
degrees 18 minutes 51 seconds East, a distance of 302.89 feet, and there terminating; and
new text end

new text begin (2) Lots 1 through 4 of Block 2 and Outlot "B," Loons Landing, according to the plat
thereof on file and of record in the Office of the Itasca County Recorder.
new text end

new text begin (d) The land borders Trout 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. 15. new text begin CONVEYANCE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; LAKE COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, or any other
state law to the contrary and unless prohibited by federal law, the commissioner of natural
resources may convey to the city of Two Harbors for no consideration the surplus land that
is described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general and must provide
that the proceeds of the sale of any portion of the land described in paragraph (c) by the city
be paid to the state. 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 Lake County and is described as:
new text end

new text begin (1) that part of Government Lot 1, Section 1, Township 52 North, Range 11 West of the
4th Principal Meridian, Lake County, Minnesota, lying southerly and easterly of the following
described lines: commencing at the center east 1/16 corner; thence along the North-South
1/16 line on an assumed bearing of North 00 degrees 46 minutes 07 seconds East 144.23
feet; thence North 67 degrees 30 minutes 43 seconds West 385.00 feet; thence North 22
degrees 29 minutes 17 seconds East 24.00 feet; thence South 67 degrees 30 minutes 43
seconds East 385.00 feet; thence easterly a distance of 232.90 feet along a tangential curve
concave to the North having a radius of 611.85 feet and central angle of 21 degrees 48
minutes 36 seconds; thence South 89 degrees 19 minutes 19 seconds East 1,015.67 feet;
thence South 00 degrees 40 minutes 41 seconds West 35.00 feet; thence South 89 degrees
19 minutes 19 seconds East 73.08 feet to the east line of said Government Lot 1 and the
point of beginning of said line; thence North 89 degrees 19 minutes 19 seconds West 877.08
feet; thence North 00 degrees 40 minutes 41 seconds East 11.00 feet; thence North 89
degrees 19 minutes 19 seconds West 28.86 feet; thence South 0 degrees 51 minutes 25
seconds West 19.82 feet to a 3/4-inch by 24-inch rebar marked "MN DNR LS 16098" (DNR
monument); thence continuing South 00 degrees 51 minutes 25 seconds West 484.06 feet
to a DNR monument; thence continuing South 00 degrees 51 minutes 25 seconds West 78
feet, more or less to the shore of Lake Superior and there terminating; containing 14.5 acres,
more or less (parcel identification number 23-7600-01415);
new text end

new text begin (2) that part of Government Lot 3, Section 6, Township 52 North, Range 10 West of the
Fourth Principal Meridian, described as follows: commencing at the West Quarter corner
of said Section 6 (northwest corner of said Government Lot 3); thence North 88 degrees 43
minutes 09 seconds East along the north line of said Government Lot 3 a distance of 485.19
feet; thence South 00 degrees 20 minutes 34 seconds East a distance of 16 feet, more or
less, to the south line of the northerly 16 feet of said Government Lot 3, being the point of
beginning of the parcel described herein; thence continuing South 00 degrees 20 minutes
34 seconds East a distance of 584 feet, more or less, to a line lying within 600 feet and South
of the North boundary of said Government 3; thence westerly, along said line, to the west
line of said Government Lot 3; thence northerly, along the west line of the said Government
Lot 3 to the south line of the northerly 16 feet of said Government Lot 3; thence easterly
along the south line of the northerly 16 feet of said Government Lot 3 to the point of
beginning; except minerals (parcel identification number 23-7600-06605);
new text end

new text begin (3) together with that part of Government Lot 3, Section 6, Township 52 North, Range
10 West of the 4th Principal Meridian, Lake County, Minnesota lying West of the following
described line: commencing at the West Quarter corner of said Section 6 (northwest corner
of said Government Lot 3); thence North 88 degrees 43 minutes 09 seconds East along the
north line of said Government Lot 3 a distance of 485.19 feet to the point of beginning of
said line; thence South 00 degrees 20 minutes 34 seconds East a distance of 766.64 feet;
thence South 54 degrees 38 minutes 48 seconds West a distance of 235 feet, more or less,
to the shore of Lake Superior, and there terminating, except that part lying within 600 feet
and South of the North boundary of said Government Lot 3; containing 2.4 acres, more or
less (parcel identification number 23-7600-06607); and
new text end

new text begin (4) that part of Government Lot 3, Section 6, Township 52 North, Range 10 West, of
the Fourth Principal Meridian, described as follows: commencing at the West Quarter corner
of said Section 6 (northwest corner of said Government Lot 3); thence North 88 degrees 43
minutes 09 seconds East along the north line of said Government Lot 3 a distance of 485.19
feet; thence South 00 degrees 20 minutes 34 seconds East a distance of 766.64 feet, to a
5/8-foot rebar marked "RLS No. 16089," also being the point of beginning; thence South
25 degrees 10 minutes 17 seconds East a distance of 51.74 feet to a 3/4-inch by 12-inch
rebar marked "MN DNR LS 16098" (DNR monument); thence South 30 degrees 09 minutes
12 seconds East a distance of 583.16 feet to a DNR monument; thence South 88 degrees
01 minute 03 seconds West a distance of 124.04 feet to a DNR monument; thence South
07 degrees 58 minutes 29 seconds East a distance of 517.23 feet to a DNR monument;
thence continuing South 07 degrees 58 minutes 29 seconds East a distance of 76 feet, more
or less, to the shoreline of Lake Superior; thence northwesterly, northerly, northeasterly,
and northwesterly a distance of 1,390 feet, more or less, along said shoreline to point which
bears South 54 degrees 38 minutes 48 seconds West from the point of beginning; thence
North 54 degrees 38 minutes 48 seconds East a distance of 25 feet, more or less, to a DNR
monument; thence continuing North 54 degrees 38 minutes 48 seconds East a distance of
210.00 feet to the point of beginning and there terminating (parcel identification number
23-7600-06611).
new text end

new text begin (d) The commissioner has determined that the land is no longer needed for any state
purpose and that the state's land management interests would best be served if the land was
conveyed to the city of Two Harbors.
new text end

Sec. 16. new text begin PRIVATE SALE OF SURPLUS STATE LAND; PINE COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of
natural resources may sell by 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 Pine County and is described as: the north 2
rods of the Southeast Quarter of Section 10, Township 38 North, Range 22 West, Pine
County, Minnesota.
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 was returned to private ownership.
new text end

Sec. 17. new text begin LAND EXCHANGE; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 92.461, and the riparian restrictions in
Minnesota Statutes, section 94.342, subdivision 3, St. Louis County may, with the approval
of the Land Exchange Board as required under the Minnesota Constitution, article XI,
section 10, and according to the remaining provisions of Minnesota Statutes, sections 94.342
to 94.347, exchange the land described in paragraph (c).
new text end

new text begin (b) The conveyance must be in the form approved by the attorney general. The attorney
general may make necessary changes to the legal description to correct errors and ensure
accuracy.
new text end

new text begin (c) The lands that may be conveyed are located in St. Louis County and are described
as:
new text end

new text begin (1) Sections 1 and 2, Township 53 North, Range 18 West;
new text end

new text begin (2) Sections 19, 20, 29, 30, 31, and 32, Township 54 North, Range 17 West;
new text end

new text begin (3) Sections 24, 25, 26, and 35, Township 54 North, Range 18 West;
new text end

new text begin (4) Sections 22, 23, 26, and 27, Township 54 North, Range 19 West; and
new text end

new text begin (5) Sections 8, 9, 17, and 18, Township 55 North, Range 18 West.
new text end

Sec. 18. new text begin LAND ACQUISITION TRUST FUND; ST. LOUIS COUNTY.
new text end

new text begin Notwithstanding Minnesota Statutes, chapter 282, and any other law relating to the
apportionment of proceeds from the sale of tax-forfeited land, St. Louis County may deposit
proceeds from the sale of tax-forfeited lands into a tax-forfeited land acquisition trust fund
established by St. Louis County under this section. The principal and interest from the fund
may be spent on the purchase of lands better suited for retention and management by St.
Louis County. Lands purchased with money from the land acquisition trust fund must:
new text end

new text begin (1) become subject to a trust in favor of the governmental subdivision wherein the lands
lie and all laws related to tax-forfeited lands; and
new text end

new text begin (2) be used for forestry, mineral management, or environmental services.
new text end

Sec. 19. 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 23 through 30, including part of adjacent vacant alley, Block 54, Bay View
Addition to Duluth No. 2, Township 49, Range 15, Section 11 (parcel identification number
010-0230-03300); and
new text end

new text begin (2) Lot 2, except the South 760 feet, Township 62, Range 20, Section 18 (part of parcel
identification number 430-0010-02916).
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. 20. 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:
that part of the North 595.50 feet of Government Lot 6, Section 31, Township 34 North,
Range 27 West, Sherburne County, Minnesota, lying southerly of the following described
line: commencing at a Minnesota Department of Conservation monument on the south line
of the said North 595.50 feet; thence North 89 degrees 38 minutes 17 seconds West, bearing
per plat of Eagle Lake Estates Boundary Registration, along said south line 71.28 feet to a
Judicial Land Mark; thence North 21 degrees 51 minutes 43 seconds West, along the easterly
line of Outlot A of said Eagle Lake Estates Boundary Registration 27.5 feet to the point of
beginning; thence North 80 degrees East 72 feet, more or less, to the shoreline of Eagle
Lake and there terminating.
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. 21. new text begin REPEALER.
new text end

new text begin Laws 2012, chapter 236, section 28, subdivision 9, as amended by Laws 2016, chapter
154, section 11, Laws 2019, First Special Session chapter 4, article 4, section 7, new text end new text begin is repealed.
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

APPENDIX

Repealed Minnesota Statutes: S4062-2

97B.318 ARMS USE AREAS AND RESTRICTIONS; REGULAR FIREARMS SEASON.

Subdivision 1.

Shotgun use area.

During the regular firearms season in the shotgun use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading long guns, and legal handguns may be used for taking deer. Legal shotguns include those with rifled barrels. The shotgun use area is that portion of the state lying within the following described boundary: Beginning on the west boundary of the state at the northern boundary of Clay County; thence along the northern boundary of Clay County to State Trunk Highway (STH) 32; thence along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94 (I-94); thence along I-94 to County State-Aid Highway (CSAH) 40, Douglas County; thence along CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas County; thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to CSAH 14, Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to CSAH 46, Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22, Todd County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71 to STH 27; thence along STH 27 to the Mississippi River; thence along the east bank of the Mississippi River to STH 23; thence along STH 23 to STH 95; thence along STH 95 to U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the state; thence along the east, south, and west boundaries of the state to the point of beginning.

Subd. 2.

All legal firearms use area.

The all legal firearms use area is that part of the state lying outside of the shotgun use area.

97C.515 IMPORTED MINNOWS.

Subd. 4.

Private fish hatchery or aquatic farm.

Live minnows used for feeding fish at a licensed private fish hatchery or aquatic farm must be obtained within the state. Dead minnows may be imported for feeding hatchery or aquatic farm fish according to section 97C.341, paragraph (d).

Subd. 5.

Special permits.

(a) The commissioner may issue a special permit, without a fee, to allow a person with a private fish hatchery license, which private fish hatchery has been designated as a containment facility under section 17.4982, subdivision 8, to import live minnows from other states for export. A containment facility for the purposes of this section applies to live minnows imported for later export and does not need to comply with section 17.4982, subdivision 8, clause (4). The permit shall include conditions necessary to avoid spreading aquatic invasive species and fish pathogens. Permits shall not be issued to containment facilities located within a 25-year floodplain.

(b) An applicant for a permit under this subdivision shall submit to the commissioner sufficient information to identify potential threats to native plant and animal species and an evaluation of the feasibility of the proposal. The permit may include reasonable restrictions on importation, transportation, possession, containment, disease certification, and disposal of minnows to ensure that native species are protected. The permit may have a term of up to two years and may be modified, suspended, or revoked by the commissioner for cause, including violation of a condition of the permit.

(c) The premises, property, vehicles, private aquatic life, and equipment that are part of a containment facility permitted under this subdivision are subject to reasonable and necessary inspections at reasonable times by a fish health specialist delegated by the commissioner. The owner, operator, or designee may be present when inspections are conducted. During the inspection, a representative sample of imported minnows may be collected for the purpose of fish pathogen or invasive species screening.

(d) The commissioner may require the applicant to furnish evidence of financial responsibility at the time of application for a permit under this section, as prescribed by the commissioner.

Repealed Minnesota Session Laws: S4062-2

Laws 2012, chapter 236, section 28, subdivision 9, as amended by Laws 2019, First Special Session chapter 4, article 4, section 7;

Sec. 28. new text begin SALE OF TAX-FORFEITED LEASED LANDS; ST. LOUIS COUNTY. new text end

Subd. 9.

Sunset.

This section expires deleted text begin seven deleted text end new text begin ten new text end years after the effective date.

Laws 2013, chapter 121, section 53

Sec. 53. new text begin ANTLER POINT RESTRICTIONS. new text end

new text begin The commissioner of natural resources may not impose an antler point restriction in areas outside the Series 300 deer permit areas, other than that imposed under Minnesota Rules, part 6232.0200, subpart 6, unless the legislature approves the antler point restriction. new text end

Repealed Minnesota Rule: S4062-2

6100.5000 SNOWMOBILE REGISTRATION AND DISPLAY OF NUMBERS.

Subp. 3.

Affixation of number.

The registration number of the snowmobile, shown on the registration certificate, shall be affixed to the snowmobile and maintained in a clear, legible manner. On all machines made after June 30, 1972, and sold in Minnesota, such registration number shall be affixed in the space provided therefor in accordance with part 6100.5700, subpart 4. On all other machines it shall be affixed on each side of the cowling on the upper half of the machine, as follows.

[ Image Not Shown ]

Subp. 4.

Description of decal or number; lost or destroyed number or decal.

All letters and numbers shall be of a color which will contrast with the surface to which applied, and shall be at least three inches high and three-eighths inch stroke. When any previously affixed registration number or decal is destroyed or lost, a duplicate shall be affixed in the manner shown above. The registration number shall remain the same if renewed by July 1 following the expiration date.

Subp. 5.

General prohibition.

No person shall operate or transport, and no person shall permit the operation of, a snowmobile within this state which does not have its registration number and unexpired decal affixed in the form and manner required by this part, unless the owner is exempted from the registration requirements of this state by Minnesota Statutes, section 84.82.

6100.5700 REQUIRED EQUIPMENT.

Subp. 4.

Snowmobile registration number affixation.

All snowmobiles made after June 30, 1972, and sold in Minnesota, shall be designed and made to provide an area on which to affix the snowmobile registration number at the following location and of the following dimensions:

A.

A clear area shall be provided on each side of the cowling or pan with the minimum size of 3-1/2 inches vertical by 11 inches horizontal.

B.

It shall be a minimum of 12 inches from the ground when the machine is resting on a hard surface.

6232.0350 RESTRICTIONS FOR TAKING DEER; 300 SERIES DEER PERMIT AREAS.

Notwithstanding part 6232.0200, subpart 6, in all 300 series deer permit areas, a legal buck is defined as a deer with a minimum of four antler points on at least one antler. Bucks with fewer antler points than the minimum defined points are protected and not legal for harvest. Youth hunters, age 10 to 17, are exempt from this part.