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Minnesota Legislature

Office of the Revisor of Statutes

SF 835

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/27/2019 09:02am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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70.18 70.19

A bill for an act
relating to natural resources; ensuring that Mississippi Headwaters Board has
certification jurisdiction over headwaters area; modifying requirements for remote
sugar beet storage; clarifying that a certain ban on open-air swine basins does not
apply to truck washes; modifying application requirements for solid waste
management capital assistance program; authorizing private sale of certain
tax-forfeited land; appropriating money for local recreation grants; modifying
certain conditions on water appropriations and wells; restricting application of
certain storm water rules; modifying Clean Water Legacy Act; providing for
coordinated watershed management; modifying restrictions on commercial fishing
areas to provide for invasive species control; modifying authority of Lake
Minnetonka Conservation District; specifying duties and services of soil and water
conservation districts; accelerating public drainage system acquisition and
compensation of ditch buffer strips; providing runoff and sediment option when
charging for public drainage ditch repairs; prohibiting Pollution Control Agency
and Department of Natural Resources from enforcing unadopted rules; modifying
application of protections for threatened and endangered species; providing for
certain training, certification, and fees; modifying operating restrictions for
recreational vehicles; modifying provisions on invasive species; modifying game
and fish laws; clarifying authority to compensate permanent school fund; modifying
small business loan program for environmental improvement; modifying duties
related to regulating silica sand; modifying requirements for conveying certain
state land; adding to and deleting from state parks; authorizing sale of certain
surplus state land; modifying provisions for managing tax-forfeited lands;
authorizing private sale of certain tax-forfeited land; providing for electronic
transmission of certain information; banning the use of trichloroethylene by a
facility required to have an air emissions permit; modifying provisions for certain
grants for outdoor recreation; extending oversight committees; modifying closed
landfill investment fund procedures;amending Minnesota Statutes 2018, sections
17.117, subdivision 11; 84.026, by adding a subdivision; 84.027, subdivision 18,
by adding a subdivision; 84.0273; 84.0895, subdivision 2; 84.775, subdivision 1;
84.794, subdivision 2; 84.83, subdivision 3; 84.86, subdivision 1; 84.925,
subdivision 1; 84.9256, subdivision 1; 84.928, subdivision 2; 84D.03, subdivisions
3, 4; 84D.108, subdivisions 2b, 2c; 85.44; 92.115, subdivision 1; 92.50, subdivision
1; 94.09, subdivision 3; 94.10; 97A.015, subdivisions 25, 43; 97A.051, subdivision
2; 97A.055, subdivision 4b; 97A.126; 97A.433, subdivisions 4, 5; 97A.475,
subdivision 4; 97C.345, by adding a subdivision; 97C.391, subdivision 1; 97C.395,
subdivision 2; 97C.815, subdivision 2; 103B.3369, subdivisions 5, 9; 103B.611,
subdivision 3; 103B.801, subdivisions 2, 5; 103E.021, subdivision 6; 103E.071;
103E.351, subdivisions 1, 2, 3; 103F.361, subdivision 2; 103F.363, subdivision
1; 103F.365, by adding a subdivision; 103F.371; 103F.373, subdivisions 1, 3, 4;
103G.241, subdivisions 1, 3; 103G.271, subdivision 7, by adding a subdivision;
103G.287, subdivisions 1, 4, 5; 103G.289; 103G.311, subdivisions 2, 5; 103G.315,
subdivision 8; 103G.408; 103G.615, subdivision 3a; 114D.15, subdivisions 7, 11,
13, by adding subdivisions; 114D.20, subdivisions 2, 3, 5, 7, by adding
subdivisions; 114D.26; 114D.35, subdivisions 1, 3; 115.03, by adding a subdivision;
115A.51; 115B.421; 116.07, by adding a subdivision; 116.0714; 116.993,
subdivisions 2, 6; 282.01, subdivision 4; Laws 2012, chapter 236, section 28,
subdivisions 2, as amended, 9, as amended; Laws 2013, chapter 114, article 4,
section 105, as amended; proposing coding for new law in Minnesota Statutes,
chapters 92; 103C; 103E; 114D; 116; repealing Minnesota Statutes 2018, section
92.121.

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

Section 1.

Minnesota Statutes 2018, section 17.117, subdivision 11, is amended to read:


Subd. 11.

Loans issued to borrower.

(a) Local lenders may issue loans only for projects
that are approved and certified by the local government unit as meeting priority needs
identified in a comprehensive water management plan or other local planning documents,
are in compliance with accepted practices, standards, specifications, or criteria, and are
eligible for financing under Environmental Protection Agency or other applicable guidelines.

(b) The local lender may use any additional criteria considered necessary to determine
the eligibility of borrowers for loans.

(c) Local lenders shall set the terms and conditions of loans to borrowers, except that:

(1) no loan to a borrower may exceed $200,000;new text begin and
new text end

deleted text begin (2) no loan for a project may exceed $200,000; and
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end no borrower shall, at any time, have multiple loans from this program with a total
outstanding loan balance of more than $200,000.

(d) The maximum term length for projects in this paragraph is ten years.

(e) Fees charged at the time of closing must:

(1) be in compliance with normal and customary practices of the local lender;

(2) be in accordance with published fee schedules issued by the local lender;

(3) not be based on participation program; and

(4) be consistent with fees charged other similar types of loans offered by the local
lender.

(f) The interest rate assessed to an outstanding loan balance by the local lender must not
exceed three percent per year.

Sec. 2.

Minnesota Statutes 2018, section 84.026, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Paying grant-eligible expenditures. new text end

new text begin Notwithstanding section 16A.41, the
commissioner may make payments for otherwise eligible grant-program expenditures that
are made on or after the effective date of the appropriation that funds the payments for:
new text end

new text begin (1) grants-in-aid under sections 84.794, 84.803, 84.83, 84.927, and 85.44;
new text end

new text begin (2) local recreation grants under section 85.019; and
new text end

new text begin (3) enforcement and public education grants under sections 84.794, 84.803, 84.83,
84.927, 86B.701, 86B.705, and 87A.10.
new text end

Sec. 3.

Minnesota Statutes 2018, 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 (a) 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, or similar
pronouncement if the guideline, bulletin, criterion, manual standard, interpretive statement,
or similar pronouncement meets the definition of a rule as defined under section 14.02,
subdivision 4, but 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
overcome a presumption against the unadopted rule.
new text end

new text begin (b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion,
manual standard, interpretive statement, or similar pronouncement into a statute, rule, or
standard, the commissioner must follow the rulemaking process provided under chapter 14
to amend or revise any such guideline, bulletin, criterion, manual standard, interpretive
statement, or similar pronouncement.
new text end

Sec. 4.

Minnesota Statutes 2018, section 84.027, subdivision 18, is amended to read:


Subd. 18.

Permanent school fund authority; reporting.

(a) The commissioner of
natural resources has the authority and responsibility deleted text beginfor the administration ofdeleted text endnew text begin to administernew text end
school trust lands under sections deleted text begin92.121deleted text end new text begin92.122new text end and 127A.31. The commissioner shall
biannually report to the Legislative Permanent School Fund Commission and the legislature
on the management of the school trust lands that shows how the commissioner has and will
continue to achieve the following goals:

(1) manage the school trust lands efficiently and in a manner that reflects the undivided
loyalty to the beneficiaries consistent with the commissioner's fiduciary duties;

(2) reduce the management expenditures of school trust lands and maximize the revenues
deposited in the permanent school trust fund;

(3) manage the sale, exchange, and commercial leasing of school trust lands, requiring
returns of not less than fair market value, to maximize the revenues deposited in the
permanent school trust fund and retain the value from the long-term appreciation of the
school trust lands;

(4) manage the school trust lands to maximize the long-term economic return for the
permanent school trust fund while maintaining sound natural resource conservation and
management principles;

(5) optimize school trust land revenues and maximize the value of the trust consistent
with deleted text beginthedeleted text end balancing deleted text beginofdeleted text end short-term and long-term interests, so that long-term benefits are not
lost in an effort to maximize short-term gains; and

(6) maintain the integrity of the trust and prevent the misapplication of its lands and its
revenues.

(b) When the commissioner finds an irresolvable conflict between maximizing the
long-term economic return and protecting natural resources and recreational values on
school trust lands, the commissioner shall give precedence to the long-term economic return
in managing school trust lands. By July 1, 2018, the permanent school fund deleted text beginshalldeleted text endnew text begin mustnew text end be
compensated for all school trust lands included under a designation or policy provision that
prohibits long-term economic return. The commissioner shall submit recommendations to
the appropriate legislative committees and divisions on methods of funding for the
compensation required under this paragraph, including recommendations for appropriations
from the general fund, nongeneral funds, and the state bond fund. Any uncompensated
designation or policy provision restrictions on the long-term economic return on school
trust lands remaining after July 1, 2018, deleted text beginshalldeleted text endnew text begin mustnew text end be compiled and submitted to the
Legislative Permanent School Fund Commission for review.

(c) By December 31, 2013, the report required under paragraph (a) deleted text beginshalldeleted text endnew text begin mustnew text end provide
an inventory and identification of all school trust lands that are included under a designation
or policy provision that prohibits long-term economic return. The report deleted text beginshalldeleted text endnew text begin mustnew text end include
a plan to compensate the permanent school fund through the purchase or exchange of the
lands or a plan to manage the school trust land to generate long-term economic return to
the permanent school fund. Subsequent reports under paragraph (a) deleted text beginshalldeleted text endnew text begin mustnew text end include a
status report of the commissioner's progress in maximizing the long-term economic return
on lands identified in the 2013 report.

(d) When deleted text beginfuturedeleted text endnew text begin management practices, policies, ornew text end designations deleted text beginor policiesdeleted text end by the
commissionernew text begin diminish ornew text end prohibit the long-term economic return on school trust land, the
conflict deleted text beginshalldeleted text endnew text begin mustnew text end be resolved deleted text beginby compensating the permanent school fund through an
exchange or purchase of the lands before designation or application of the policy
deleted text endnew text begin as provided
in section 92.122
new text end.

Sec. 5.

Minnesota Statutes 2018, section 84.0273, is amended to read:


84.0273 ESTABLISHING BOUNDARY LINES RELATING TO CERTAIN STATE
LANDHOLDINGS.

(a) deleted text beginIn orderdeleted text end To resolve boundary line issues affecting the ownership interests of the state
and adjacent landowners, the commissioner of natural resources may, in the name of the
state upon terms the commissioner deems appropriate, convey, by a boundary line agreement,
quitclaim deed, or management agreement in such form as the attorney general approves,
such rights, titles, and interests of the state in state lands for such rights, titlesnew text begin,new text end and interests
in adjacent lands as are necessary deleted text beginfor the purpose of establishingdeleted text endnew text begin to establishnew text end boundaries.new text begin
The commissioner must publish
new text end a notice of the proposed conveyance and a brief statement
of the reason deleted text begintherefor shall be publisheddeleted text endnew text begin for the conveyancenew text end once in the State Register deleted text beginby
the commissioner between 15 and
deleted text endnew text begin at leastnew text end 30 days deleted text beginprior todeleted text endnew text begin before thenew text end conveyance. deleted text beginThe
provisions of
deleted text end This paragraph deleted text beginaredeleted text endnew text begin isnew text end not intended to replace or supersede laws relating to
land exchange or disposal of surplus state property.

(b) deleted text beginIn orderdeleted text end To resolve trespass issues affecting the ownership interests of the state and
adjacent landowners, the commissioner of natural resources, in the name of the state, may
sell surplus lands not needed for natural resource purposes at private sale to adjoining
property owners and leaseholders. The conveyance must be by quitclaim in a form approved
by the attorney general for a consideration not less than the value determined according to
section 94.10, subdivision 1.

(c) Paragraph (b) applies to all state-owned lands managed by the commissioner of
natural resources, except school trust land as defined in section 92.025. For acquired lands,
the commissioner may sell the surplus lands as provided in paragraph (b) notwithstanding
the offering to public entities, public sale, and related notice and publication requirements
of sections 94.09 to 94.165. For consolidated conservation lands, the commissioner may
sell the surplus lands as provided in paragraph (b) notwithstanding the classification and
public sale provisions of chapters 84A and 282.

Sec. 6.

Minnesota Statutes 2018, section 84.0895, subdivision 2, is amended to read:


Subd. 2.

Application.

(a) Subdivision 1 does not apply to:

(1) plants on land classified for property tax purposes as class 2a or 2c agricultural land
under section 273.13, deleted text beginordeleted text end on deleted text beginditches and roadwaysdeleted text endnew text begin a ditch, or on an existing public road
right-of-way as defined in section 84.92, subdivision 6a, except for ground not previously
disturbed by construction or maintenance
new text end; and

(2) noxious weeds designated pursuant to sections 18.76 to 18.88 or to weeds otherwise
designated as troublesome by the Department of Agriculture.

(b) If control of noxious weeds is necessary, it takes priority over the protection of
endangered plant species, as long as a reasonable effort is taken to preserve the endangered
plant species first.

(c) The taking or killing of an endangered plant species on land adjacent to class 3 or
3b agricultural land as a result of the application of pesticides or other agricultural chemical
on the class 3 or 3b land is not a violation of subdivision 1, if reasonable care is taken in
the application of the pesticide or other chemical to avoid impact on adjacent lands. For the
purpose of this paragraph, class 3 or 3b agricultural land does not include timber land, waste
land, or other land for which the owner receives a state paid wetlands or native prairie tax
credit.

(d) The accidental taking of an endangered plant, where the existence of the plant is not
known at the time of the taking, is not a violation of subdivision 1.

Sec. 7.

Minnesota Statutes 2018, section 84.775, subdivision 1, is amended to read:


Subdivision 1.

Civil citation; authority to issue.

(a) A conservation officer or other
licensed peace officer may issue a civil citation to a person who operates:

(1) an off-highway motorcycle in violation of sections 84.773, subdivision 1 or 2, clause
(1); 84.777; 84.788 to 84.795; or 84.90;

(2) an off-road vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1);
84.777; 84.798 to 84.804; or 84.90; or

(3) an all-terrain vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1);
84.777; 84.90; or 84.922 to 84.928.

(b) A civil citation under paragraph (a) shall require restitution for public and private
property damage and impose a penalty of:

(1) $100 for the first offense;

(2) $200 for the second offense; and

(3) $500 for third and subsequent offenses.

(c) A conservation officer or other licensed peace officer may issue a civil citation to a
person who operates an off-highway motorcycle, off-road vehicle, or all-terrain vehicle in
violation of section 84.773, subdivision 2, clause (2) or (3). A civil citation under this
paragraph shall require restitution for damage to wetlands and impose a penalty of:

(1) $100 for the first offense;

(2) $500 for the second offense; and

(3) $1,000 for third and subsequent offenses.

(d) If the peace officer determines that there is damage to property requiring restitution,
the commissioner must send a written explanation of the extent of the damage and the cost
of the repair by first class mail to the address provided by the person receiving the citation
within 15 days of the date of the citation.

(e) An off-road vehicle deleted text beginor all-terrain vehicledeleted text end that is equipped with a snorkel device and
receives a civil citation under this section is subject to twice the penalty amounts in
paragraphs (b) and (c).

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2018, section 84.794, subdivision 2, is amended to read:


Subd. 2.

Purposes.

(a) Subject to appropriation by the legislature, money in the
off-highway motorcycle account may only be spent for:

(1) administration, enforcement, and implementation of sections 84.787 to 84.795;

(2) acquisition, maintenance, and development of off-highway motorcycle trails and use
areas; deleted text beginand
deleted text end

(3) grants-in-aid to counties and municipalities to construct and maintain off-highway
motorcycle trails and use areasnew text begin; and
new text end

new text begin (4) grants for enforcement and public education to local law enforcement agenciesnew text end.

(b) The distribution of funds made available for grants-in-aid must be guided by the
statewide comprehensive outdoor recreation plan.

Sec. 9.

Minnesota Statutes 2018, section 84.83, subdivision 3, is amended to read:


Subd. 3.

Purposes for the account; allocation.

(a) The money deposited in the account
and interest earned on that money may be expended only as appropriated by law for the
following purposes:

(1) for a grant-in-aid program to counties and municipalities for construction and
maintenance of snowmobile trailsnew text begin that are determined by the commissioner to be part of
the state's grant-in-aid system
new text end, including maintenance of trails on lands and waters of
Voyageurs National Park; on Lake of the Woods; on Rainy Lake; on the following lakes in
St. Louis County: Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion;
and on the following lakes in Cook County: Devil Track and Hungry Jackdeleted text begin;deleted text endnew text begin. The commissioner
may establish a performance-based funding formula for annual grants-in-aid. The procedures
and criteria for grants-in-aid are not subject to the rulemaking provisions of chapter 14, and
section 14.386 does not apply. In administering the performance-based grants-in-aid, the
commissioner must:
new text end

new text begin (i) determine annual grant amounts based on a funding formula that includes consideration
of historical costs, snowfall, use, and tourism;
new text end

new text begin (ii) make grant payments based on:
new text end

new text begin (A) successful completion of performance benchmarks;
new text end

new text begin (B) reimbursement of eligible expenditures; or
new text end

new text begin (C) a combination of subitems (A) and (B); and
new text end

new text begin (iii) assess penalties to nonperforming grant-in-aid recipients, which may include
withholding grant payments or making the grantee or trail system ineligible for future
grant-in-aid funding.
new text end

(2) deleted text beginfor acquisition, development, and maintenance ofdeleted text endnew text begin to acquire, develop, and maintainnew text end
state recreational snowmobile trails;

(3) for snowmobile safety programs; and

(4) deleted text beginfor the administration and enforcement ofdeleted text endnew text begin to administer and enforcenew text end sections 84.81
to 84.91 and appropriated grants to local law enforcement agencies.

(b) No less than 60 percent of revenue collected from snowmobile registration and
snowmobile state trail sticker fees must be expended for grants-in-aid to develop, maintain,
and groom trails and acquire easements.

Sec. 10.

Minnesota Statutes 2018, section 84.86, subdivision 1, is amended to read:


Subdivision 1.

Required rules.

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 and display of registration numbers.

(2) Use of snowmobiles insofar as game and fish resources are affected.

(3) Use of snowmobiles on public lands and waters, or on grant-in-aid trails.

(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.

(5) Specifications relating to snowmobile mufflers.

(6) A comprehensive snowmobile information and safety education and training program,
including but not limited to the preparation and dissemination of snowmobile information
and safety advice to the public, the training of snowmobile operators, and the issuance of
snowmobile safety certificates to snowmobile operators who successfully complete the
snowmobile safety education and training course. For the purpose of administering such
program 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 the
administration of such programs. In addition to the fee established by the commissioner,
instructors may charge each person new text beginany fee paid by the instructor for the person's online
training course and
new text endup 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
this clause. 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.

(7) 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 such
form as the commissioner shall prescribe. 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. 11.

Minnesota Statutes 2018, section 84.925, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginProgramdeleted text endnew text begin Training and certification programsnew text end established.

(a) The
commissioner shall establishnew text begin:
new text end

new text begin (1)new text end a comprehensive all-terrain vehicle environmental and safety education and training
new text begin certification new text endprogram, including the preparation and dissemination of vehicle information
and safety advice to the public, the training of all-terrain vehicle operators, and the issuance
of all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
successfully complete the all-terrain vehicle environmental and safety education and training
coursedeleted text begin.deleted text endnew text begin; and
new text end

new text begin (2) a voluntary all-terrain vehicle online training program for youth and a parent or
guardian, offered at no charge for operators at least six years of age but younger than ten
years of age.
new text end

new text begin (b)new text end A parent or guardian must be present at deleted text beginthe hands-ondeleted text endnew text begin anew text end training deleted text beginportion of thedeleted text end program
deleted text begin fordeleted text endnew text begin when thenew text end youth deleted text beginwho are six throughdeleted text endnew text begin is undernew text end ten years of age.

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

deleted text begin (c)deleted text endnew text begin (d)new text end The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the deleted text beginprogramdeleted text endnew text begin
programs
new text end established under this section. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom portion of the
training. The commissioner shall consult with the commissioner of public safety in regard
to deleted text begintraining programdeleted text endnew text begin thenew text end subject matter new text beginof the training programs new text endand performance testing that
leads to the certification of vehicle operators. The commissioner shall incorporate a riding
component in the deleted text beginsafety education anddeleted text end training deleted text beginprogram.deleted text endnew text begin certification programs established
under this section and may incorporate a riding component in the training program established
in paragraph (a), clause (2).
new text end

Sec. 12.

Minnesota Statutes 2018, section 84.9256, subdivision 1, is amended to read:


Subdivision 1.

Prohibitions on youthful operators.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 13.

Minnesota Statutes 2018, section 84.928, subdivision 2, is amended to read:


Subd. 2.

Operation generally.

A person may not drive or operate an all-terrain vehicle:

(1) at a rate of speed greater than reasonable or proper under the surrounding
circumstances;

(2) in a careless, reckless, or negligent manner so as to endanger or to cause injury or
damage to the person or property of another;

(3) without headlight and taillight lighted at all times if the vehicle is equipped with
headlight and taillight;

(4) without a functioning stoplight if so equipped;

(5) in a tree nursery or planting in a manner that damages or destroys growing stock;

(6) without a brake operational by either hand or foot;

(7) with more than one person on the vehicle, except as allowed under section 84.9257;

(8) at a speed exceeding ten miles per hour on the frozen surface of public waters within
100 feet of a person not on an all-terrain vehicle or within 100 feet of a fishing shelter;new text begin or
new text end

deleted text begin (9) with a snorkel device that has a raised air intake six inches or more above the vehicle
manufacturer's original air intake, except within the Iron Range Off-Highway Vehicle
Recreation Area as described in section 85.013, subdivision 12a, or other public off-highway
vehicle recreation areas; or
deleted text end

deleted text begin (10)deleted text endnew text begin (9)new text end in a manner that violates operation rules adopted by the commissioner.

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

Minnesota Statutes 2018, section 84D.03, subdivision 3, is amended to read:


Subd. 3.

Bait harvest from infested waters.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin (1) nontarget species must immediately be returned to the water;
new text end

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

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

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

Sec. 15.

Minnesota Statutes 2018, section 84D.03, subdivision 4, is amended to read:


Subd. 4.

Restrictions in infested and noninfested waters; commercial fishing and
turtle, frog, and crayfish harvesting.

(a) All nets, traps, buoys, anchors, stakes, and lines
used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that
is listed because it contains invasive fish, invertebrates, new text beginaquatic plants or aquatic macrophytes
other than Eurasian watermilfoil,
new text endor certifiable diseases, as defined in section 17.4982, must
be tagged with tags provided by the commissioner, as specified in the commercial licensee's
license or permit. Tagged gear must not be used in water bodies other than those specified
in the license or permit. The new text beginlicense or new text endpermit may authorize department staff to remove
tags deleted text beginafter thedeleted text endnew text begin fromnew text end gear deleted text beginisdeleted text endnew text begin that has beennew text end decontaminatednew text begin according to a protocol specified
by the commissioner if use of the decontaminated gear in other water bodies does not pose
an unreasonable risk of harm to natural resources or the use of natural resources in the state
new text end.
This tagging requirement does not apply to commercial fishing equipment used in Lake
Superior.

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

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

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

Sec. 16.

Minnesota Statutes 2018, section 84D.108, subdivision 2b, is amended to read:


Subd. 2b.

Gull Lake pilot study.

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

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

(c) This subdivision expires December 1, 2019.

Sec. 17.

Minnesota Statutes 2018, section 84D.108, subdivision 2c, is amended to read:


Subd. 2c.

Cross Lake pilot study.

(a) The commissioner may include an additional
targeted pilot study to include water-related equipment with zebra mussels attached for deleted text beginthe
Cross Lake #1 State Water Access Site
deleted text endnew text begin water access sitesnew text end on Cross Lake (DNR Division of
Waters number 18-0312) in Crow Wing County using the same authorities, general
procedures, and requirements provided for the Lake Minnetonka pilot project in subdivision
2a. The place of business of lake service providers participating in the Cross Lake targeted
pilot study must be located in Cass or Crow Wing County.

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

(c) This subdivision expires December 1, 2019.

Sec. 18.

Minnesota Statutes 2018, section 85.44, is amended to read:


85.44 CROSS-COUNTRY-SKI TRAIL GRANT-IN-AID PROGRAM.

The commissioner shall establish a grant-in-aid program for local units of government
and special park districts deleted text beginfor the acquisition, development, and maintenance ofdeleted text endnew text begin to acquire,
develop, and maintain
new text end cross-country-ski trailsnew text begin that are determined by the commissioner to
be part of the state's grant-in-aid system
new text end. Grants deleted text beginshall bedeleted text endnew text begin arenew text end available deleted text beginfor acquisition ofdeleted text endnew text begin to
acquire
new text end trail easements but may not be used to acquire any lands in fee title. Local units of
government and special park districts applying for and receiving grants under this section
deleted text begin shall bedeleted text endnew text begin arenew text end considered to have cross-country-ski trails for one year following the expiration
of their last grant. The department shall reimburse all public sponsors of grants-in-aid
cross-country-ski trails based upon criteria established by the department. deleted text beginPrior to the use
of
deleted text endnew text begin Before usingnew text end any reimbursement criteria, a certain proportion of the revenues deleted text beginshalldeleted text endnew text begin mustnew text end
be allocated on the basis of user fee sales location.new text begin The commissioner may establish a
performance-based funding formula for annual grants-in-aid. The procedures and criteria
for grants-in-aid are not subject to the rulemaking provisions of chapter 14, and section
14.386 does not apply. In administering the performance-based grants-in-aid, the
commissioner must:
new text end

new text begin (1) determine annual grant amounts based on a funding formula that includes
consideration of historical costs, snowfall, use, and tourism;
new text end

new text begin (2) make grant payments based on:
new text end

new text begin (i) successful completion of performance benchmarks;
new text end

new text begin (ii) reimbursement of eligible expenditures; or
new text end

new text begin (iii) a combination of items (i) and (ii); and
new text end

new text begin (3) assess penalties to nonperforming grant-in-aid recipients, which may include
withholding grant payments or making the grantee or trail system ineligible for future
grant-in-aid funding.
new text end

Sec. 19.

Minnesota Statutes 2018, section 92.115, subdivision 1, is amended to read:


Subdivision 1.

Land valuation required.

Before offering any state land for sale under
this chapter, the commissioner must establish the value of the land. The commissioner shall
have the land appraised if the estimated market value is in excess of deleted text begin$50,000deleted text endnew text begin $100,000new text end.

Sec. 20.

new text begin [92.122] COMPENSATING PERMANENT SCHOOL FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Compensation requirements. new text end

new text begin (a) When the revenue generated from
school trust land and associated resources is diminished by management practices applied
to the land and resources as determined by the commissioner of natural resources, the
commissioner must compensate the permanent school fund.
new text end

new text begin (b) When generating revenue from school trust land and associated resources will be
prohibited by a policy or designation applied to the land and resources as determined by
the commissioner, the commissioner must compensate the permanent school fund before
the policy or designation is applied.
new text end

new text begin Subd. 2. new text end

new text begin Compensation methods. new text end

new text begin To compensate the permanent school fund under
subdivision 1, the commissioner may use compensation methods that include:
new text end

new text begin (1) exchanging other land that is compatible with the goal of the permanent school fund
under section 127A.31, as allowed under sections 94.343, subdivision 1, and 94.3495; and
the Minnesota Constitution, article XI, section 10;
new text end

new text begin (2) leasing under section 92.50 and according to subdivision 3, with rental payments as
compensation; and
new text end

new text begin (3) condemning the land under section 92.83, with payment of the amount of the award
and judgment as compensation.
new text end

new text begin Subd. 3. new text end

new text begin Lease terms for compensating fund. new text end

new text begin With advice from the school trust lands
director according to section 127A.353, subdivision 4, the commissioner may lease school
trust land to compensate the permanent school fund. Rental payments received under this
subdivision:
new text end

new text begin (1) must be credited to the forest suspense account as nonqualifying revenue and not
subject to cost certification under section 16A.125;
new text end

new text begin (2) must be paid in full upon executing the lease; and
new text end

new text begin (3) are determined by the commissioner and subject to review by a licensed appraiser.
new text end

Sec. 21.

Minnesota Statutes 2018, section 92.50, subdivision 1, is amended to read:


Subdivision 1.

Lease terms.

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

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

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

(3) for roads or railroads;

new text begin (4) to compensate the permanent school fund according to section 92.122;new text end or

deleted text begin (4)deleted text endnew text begin (5)new text end for other uses consistent with the interests of the state.

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

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

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

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

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

(e) Money received from leases under this section must be credited to the fund to which
the land belongs.

Sec. 22.

Minnesota Statutes 2018, section 94.09, subdivision 3, is amended to read:


Subd. 3.

Notice to agencies; determination of surplus.

The commissioner of natural
resources shall send written notice to deleted text beginall state departments, agencies and the University of
Minnesota
deleted text endnew text begin the Departments of Administration and Transportation, the Board of Water and
Soil Resources, the Office of School Trust Lands, the legal or land departments of the
University of Minnesota and Minnesota State Colleges and Universities, the Minnesota
Indian Affairs Council, and any other state department or agency that requests to receive
notices
new text end describing any lands or tracts deleted text beginwhichdeleted text endnew text begin thatnew text end may be declared surplus. If a deleted text begindepartment
or agency or the University of Minnesota
deleted text endnew text begin recipient of the noticenew text end desires custody of the lands
or tracts, deleted text beginit shalldeleted text endnew text begin the recipient mustnew text end submit a written request to the commissionerdeleted text begin,deleted text end no later
than four calendar weeks after mailing of the noticedeleted text begin,deleted text end setting forth in detail deleted text beginitsdeleted text endnew text begin thenew text end reasons
for desiring to acquiredeleted text begin,deleted text end and deleted text beginitsdeleted text endnew text begin thenew text end intended use ofdeleted text begin,deleted text end the land or tract. The commissioner shall
then determine whether any of the lands deleted text begindescribed in the certifications of the heads of the
departments or agencies
deleted text endnew text begin so requestednew text end should be declared surplus and offered for sale or
otherwise disposed of by transferring custodial control to other requesting state departments
or agencies or to the Board of Regents of the University of Minnesota for educational
purposes, provided however that transfer to the Board of Regents deleted text beginshalldeleted text endnew text begin isnew text end not deleted text beginbedeleted text end determinative
of tax exemption or immunity. If the commissioner determines that any of the lands are no
longer needed for state purposes, the commissioner shall make findings of fact, describe
the lands, declare the lands to be surplus state land, and state the reasons for the sale or
disposition of the lands.

Sec. 23.

Minnesota Statutes 2018, section 94.10, is amended to read:


94.10 SURVEYS, APPRAISALS, AND SALE.

Subdivision 1.

Appraisal; notice and offer to public bodies.

(a) Before offering any
surplus state-owned lands for sale, the commissioner of natural resources must establish
the value of the lands. The commissioner shall have the lands appraised if the estimated
value is in excess of deleted text begin$50,000deleted text endnew text begin $100,000new text end. No parcel of state-owned land shall be sold for less
than $1,000.

(b) The appraisals must be made by regularly appointed and qualified state appraisers.
To be qualified, an appraiser must hold a state appraiser license issued by the Department
of Commerce. The appraisal must be in conformity with the Uniform Standards of
Professional Appraisal Practice of the Appraisal Foundation.

(c) Before offering surplus state-owned lands for public sale, the lands deleted text beginshalldeleted text endnew text begin mustnew text end first
be offered to the city, county, town, school district, or other public body corporate or politic
in which the lands are situated for public purposes and the lands may be sold for public
purposes for not less than the appraised value of the lands. To determine whether a public
body desires to purchase the surplus land, the commissioner of natural resources shall give
a written notice to the governing body of each political subdivision whose jurisdictional
boundaries include or are adjacent to the surplus land. If a public body desires to purchase
the surplus land, deleted text beginit shalldeleted text endnew text begin the public body mustnew text end submit a written offer to the commissioner
no later than two weeks after receipt of notice setting forth in detail deleted text beginitsdeleted text endnew text begin thenew text end reasons for
desiring to acquire and deleted text beginitsdeleted text endnew text begin thenew text end intended use of the land. deleted text beginIn the event thatdeleted text endnew text begin Ifnew text end more than one
public body tenders an offer, the commissioner shall determine which party shall receive
the property and shall submit written findings regarding the decision. If lands are offered
for sale for public purposes and if a public body notifies the commissioner of its desire to
acquire the lands, the public body may have up to two years from the date of the accepted
offer to deleted text begincommence paymentdeleted text endnew text begin begin payingnew text end for the lands in the manner provided by law.

new text begin (d) Before offering surplus state-owned lands that are located within the reservation
boundary of a federally recognized Indian tribe for public sale or before offering the lands
to an entity specified in paragraph (c), the lands must first be offered to the federally
recognized Indian tribe with governing authority over the reservation where the lands are
located. If the lands are located within the reservation boundary of a federally recognized
tribe that is one of the six constituent tribes of the Minnesota Chippewa tribe, then the lands
must be offered to both the Minnesota Chippewa tribe and the constituent tribe where the
lands are located. The lands may be sold for not less than the appraised value of the lands.
To determine whether an Indian tribe desires to purchase the lands, the commissioner of
natural resources must give a written notice to the governing body of the Indian tribe, and,
when applicable, if the tribe is a member of the Minnesota Chippewa tribe, the Minnesota
Chippewa tribe. If the Indian tribe desires to purchase the lands, the Indian tribe must notify
the commissioner, in writing, of the intent to purchase the lands no later than two weeks
after receiving the notice. If the Indian tribe notifies the commissioner of its intent to acquire
the lands, the Indian tribe has up to two years from the date that the notice of intent to
purchase the lands was submitted to begin paying for the lands in the manner provided by
law.
new text end

Subd. 2.

Public sale requirements.

(a) After complying with subdivision 1 and before
any public sale of surplus state-owned land is made and at least 30 days before the sale, the
commissioner of natural resources shall publish a notice of the sale in a newspaper of general
distribution in the county in which the real property to be sold is situated. The notice shall
specify the time and place at which the sale will commence, a general description of the
lots or tracts to be offered, and a general statement of the terms of sale. The commissioner
shall deleted text beginalsodeleted text end provide electronic notice of new text beginthe new text endsale.

(b) The minimum bid for a parcel of land must include the estimated value or appraised
value of the land and any improvements and, if any of the land is valuable for merchantable
timber, the value of the merchantable timber. The minimum bid may include expenses
incurred by the commissioner in rendering the property salable, including survey, appraisal,
legal, advertising, and other expenses.

(c) The purchaser of state land must pay recording fees and the state deed tax.

(d) Except as provided under paragraph (e), parcels remaining unsold after the offering
may be sold to anyone agreeing to pay at least 75 percent of the appraised value. The sale
deleted text begin shalldeleted text endnew text begin mustnew text end continue until all parcels are sold or until the commissioner orders a reappraisal
or withdraws the remaining parcels from sale.

(e) The commissioner may retain the services of a licensed real estate broker to find a
buyer for parcels remaining unsold after the offering. The sale price may be negotiated by
the broker, but must not be less than 90 percent of the appraised value as determined by the
commissioner. The broker's fee must be established by prior agreement between the
commissioner and the broker and must not exceed ten percent of the sale price for sales of
$10,000 or more. The broker's fee must be paid to the broker from the proceeds of the sale.

(f) Public sales of surplus state-owned land may be conducted through online auctions.

Sec. 24.

Minnesota Statutes 2018, section 97A.015, subdivision 25, is amended to read:


Subd. 25.

Game fish.

"Game fish" means deleted text beginwalleye, sauger, yellow perch, channel catfish,
flathead catfish; members of the pike family, Esocidae, including muskellunge and northern
pike; members of the sunfish family, Centrarchidae, including largemouth bass, smallmouth
bass, sunfish, rock bass, white crappie, black crappie, members of the temperate bass family,
Percichthyidae, including white bass and yellow bass; members of the salmon and trout
subfamily, Salmoninae, including Atlantic salmon, chinook salmon, coho salmon, pink
salmon, kokanee salmon, lake trout, brook trout, brown trout, rainbow (steelhead) trout,
and splake; members of the paddlefish family, Polyodontidae; members of the sturgeon
family, Acipenseridae, including lake sturgeon, and shovelnose sturgeon.
deleted text endnew text begin fish from the
following families and species: Acipenseridae (lake sturgeon and shovelnose sturgeon),
Anguillidae (American eel), Centrarchidae (black crappie; largemouth bass; rock bass;
smallmouth bass; white crappie; and sunfishes, including bluegill, green sunfish, longear
sunfish, orangespotted sunfish, pumpkinseed, and warmouth), Esocidae (muskellunge and
northern pike), Gadidae (burbot), Ictaluridae (blue catfish, channel catfish, and flathead
catfish), Moronidae (white bass and yellow bass), Percidae (sauger, walleye, and yellow
perch), Polyodontidae (paddlefish), and Salmonidae (Atlantic salmon, brook trout, brown
trout, chinook salmon, cisco (tullibee), coho salmon, kokanee salmon, lake trout, lake
whitefish, pink salmon, and rainbow trout).
new text end deleted text begin"deleted text endGame fishdeleted text begin"deleted text end includes hybrids of game fish.

Sec. 25.

Minnesota Statutes 2018, section 97A.015, subdivision 43, is amended to read:


Subd. 43.

Rough fish.

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

Sec. 26.

Minnesota Statutes 2018, section 97A.051, subdivision 2, is amended to read:


Subd. 2.

Summary of fish and game laws.

(a) The commissioner shall prepare a
summary of the hunting and fishing laws and rules and deliver a sufficient supply to license
vendors deleted text beginto furnish one copy to each person obtaining a hunting, fishing, or trapping licensedeleted text end.

(b) At the beginning of the summary, under the heading "Trespass," the commissioner
shall summarize the trespass provisions under sections 97B.001 to 97B.945, state that
conservation officers and peace officers must enforce the trespass laws, and state the penalties
for trespassing.

(c) In the summarynew text begin,new text end the commissioner shall, under the heading "Duty to Render Aid,"
summarize the requirements under section 609.662 and state the penalties for failure to
render aid to a person injured by gunshot.

Sec. 27.

Minnesota Statutes 2018, section 97A.055, subdivision 4b, is amended to read:


Subd. 4b.

Citizen oversight committees.

(a) The commissioner shall appoint committees
of affected persons to review the reports prepared under subdivision 4; review the proposed
work plans and budgets for the coming year; propose changes in policies, activities, and
revenue enhancements or reductions; review other relevant information; and make
recommendations to the legislature and the commissioner for improvements in the
management and use of money in the game and fish fund.

(b) The commissioner shall appoint the following committees, each comprised of at
least ten affected persons:

(1) a Fisheries Oversight Committee to review fisheries funding and expenditures,
including activities related to trout-and-salmon stamps and walleye stamps; and

(2) a Wildlife Oversight Committee to review wildlife funding and expenditures,
including activities related to migratory waterfowl, pheasant, and wild turkey management
and deer and big game management.

(c) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight
Committee, and four additional members from each committee, shall form a Budgetary
Oversight Committee to coordinate the integration of the fisheries and wildlife oversight
committee reports into an annual report to the legislature; recommend changes on a broad
level in policies, activities, and revenue enhancements or reductions; and provide a forum
to address issues that transcend the fisheries and wildlife oversight committees.

(d) The Budgetary Oversight Committee shall develop recommendations for a biennial
budget plan and report for expenditures on game and fish activities. By August 15 of each
even-numbered year, the committee shall submit the budget plan recommendations to the
commissioner and to the senate and house of representatives committees with jurisdiction
over natural resources finance.

(e) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight
Committee shall be chosen by their respective committees. The chair of the Budgetary
Oversight Committee shall be appointed by the commissioner and may not be the chair of
either of the other oversight committees.

(f) The Budgetary Oversight Committee may make recommendations to the commissioner
and to the senate and house of representatives committees with jurisdiction over natural
resources finance for outcome goals from expenditures.

(g) The committees authorized under this subdivision are not advisory councils or
committees governed by section 15.059 and are not subject to section 15.059. Committee
members appointed by the commissioner may request reimbursement for mileage expenses
in the same manner and amount as authorized by the commissioner's plan adopted under
section 43A.18, subdivision 2. Committee members must not receive daily compensation
for oversight activities. The Fisheries Oversight Committee, the Wildlife Oversight
Committee, and the Budgetary Oversight Committee expire June 30, deleted text begin2020deleted text endnew text begin 2025new text end.

Sec. 28.

Minnesota Statutes 2018, section 97A.126, 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 deleted text beginprivatedeleted text end landnew text begin not otherwise open to the publicnew text end for hunting,
excluding trapping, as provided under this section. The commissioner may enter into
agreements with other units of government and landowners to provide deleted text beginprivate landdeleted text end hunting
access.

Subd. 2.

Use of enrolled lands.

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

(b) Hunting on deleted text beginprivatedeleted text end 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) Hunter access on deleted text beginprivatedeleted text end lands that are posted as enrolled in the walk-in access
program is restricted to nonmotorized use, except by hunters with disabilities operating
motor vehicles on established trails or field roads who possess a valid permit to shoot from
a stationary vehicle under section 97B.055, subdivision 3.

(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
hunters on lands enrolled in the walk-in access program.

(e) Any use of enrolled lands other than hunting according to 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.

Sec. 29.

Minnesota Statutes 2018, section 97A.433, subdivision 4, is amended to read:


Subd. 4.

Discretionary separate selection; eligibility.

(a) The commissioner may
conduct a separate selection for up to 20 percent of the elk licenses to be issued for an area.
Only owners of, and tenants living on, at least 160 acres of agricultural or grazing land in
the area, and their family members, are eligible for the separate selection. Persons that are
unsuccessful in a separate selection must be included in the selection for the remaining
licenses. Persons who obtain an elk license in a separate selection deleted text beginmust allow public elk
hunting on their land during the elk season for which the license is valid.
deleted text endnew text begin may sell their
license to any Minnesota resident eligible to hunt big game for no more than the original
cost of the license.
new text end

(b) The commissioner may by rule establish criteria for determining eligible family
members under this subdivision.

Sec. 30.

Minnesota Statutes 2018, section 97A.433, subdivision 5, is amended to read:


Subd. 5.

Mandatory separate selection.

The commissioner must conduct a separate
selection for 20 percent of the elk licenses to be issued each year. Only individuals who
have applied at least ten times for an elk license and who have never received a license are
eligible for this separate selection.new text begin A person who is unsuccessful in a separate selection
under this subdivision must be included in the selection for the remaining licenses.
new text end

Sec. 31.

Minnesota Statutes 2018, section 97A.475, subdivision 4, is amended to read:


Subd. 4.

Small-game surcharge and donation.

(a) Fees for annual licenses to take
small game must be increased by a surcharge of $6.50, except licenses under subdivisions
2, clauses (18) and (19); and 3, paragraph (a), deleted text beginclausedeleted text endnew text begin clausesnew text end (14)new text begin and (15)new text end. An additional
commission may not be assessed on the surcharge and the following statement must be
included in the annual small-game-hunting regulations: "This $6.50 surcharge is being paid
by hunters for the acquisition and development of wildlife lands."

(b) A person may agree to add a donation of $1, $3, or $5 to the fees for annual resident
and nonresident licenses to take small game. An additional commission may not be assessed
on the donation. The following statement must be included in the annual small-game-hunting
regulations: "The small-game license donations are being paid by hunters for administration
of the walk-in access program."

Sec. 32.

Minnesota Statutes 2018, section 97C.345, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Cast nets for gizzard shad. new text end

new text begin (a) Cast nets may be used only to take gizzard
shad for use as bait for angling from July 1 to November 30 as allowed under section 84D.03,
subdivision 3.
new text end

new text begin (b) Cast nets used under this subdivision must be monofilament and may not exceed
five feet in radius. Mesh size must be from three-eighths-inch to five-eighths-inch bar
measure. A person may use up to two cast nets at one time.
new text end

Sec. 33.

Minnesota Statutes 2018, section 97C.391, subdivision 1, is amended to read:


Subdivision 1.

General restrictions.

A person may not buy or sell fish taken from the
waters of this state, except:

(1) minnows;

(2) rough fish deleted text beginexcluding ciscoesdeleted text end;

(3) smelt taken from Lake Superior and rivers and streams that flow into Lake Superior;

(4) fish taken under licensed commercial fishing operations;

(5) fish that are private aquatic life; and

(6) fish lawfully taken and subject to sale from other states and countries.

Sec. 34.

Minnesota Statutes 2018, section 97C.395, subdivision 2, is amended to read:


Subd. 2.

Continuous season for certain species.

For sunfish, white crappie, black
crappie, yellow perch, catfish, rock bass, white bass, new text beginyellow bass, burbot, cisco (tullibee),
new text end lake whitefish, and rough fish, the open season is continuous.

Sec. 35.

Minnesota Statutes 2018, section 97C.815, subdivision 2, is amended to read:


Subd. 2.

Assignment.

new text begin(a) new text endThe commissioner shall assign licensed inland commercial
fishing operators to commercial fishing areas and each operator deleted text beginshall bedeleted text endnew text begin isnew text end obligated to fish
in the area that the commissioner has assigned to them. The commissioner's assignment
deleted text begin shall bedeleted text endnew text begin isnew text end valid as long as the assigned operator continues to purchase a license, continues
to provide an adequate removal effort in a good and professional manner, and is not convicted
of two or more violations of laws or rules governing inland commercial fishing operations
during any one license period. In the operator assignment, the commissioner shall consider
the proximity of the operator to the area, the type and quantity of fish gear and equipment
possessed, knowledge of the affected waters, and general ability to perform the work well.

new text begin (b) Area assignments must not restrict permits and contracts that the commissioner issues
to governmental subdivisions and their subcontractors for invasive species control.
new text end

Sec. 36.

Minnesota Statutes 2018, section 103B.3369, subdivision 5, is amended to read:


Subd. 5.

Financial assistance.

deleted text beginA base grant may be awarded to a county that provides
a match utilizing a water implementation tax or other local source. A water implementation
tax that a county intends to use as a match to the base grant must be levied at a rate sufficient
to generate a minimum amount determined by the board.
deleted text end The board may award
performance-basednew text begin, watershed-based, or program-basednew text end grants new text beginor other financial assistance
new text end to local units of government that are responsible for implementing elements of applicable
portions of watershed management plans, comprehensive plans, local water management
plans, or comprehensive watershed management plans, developed or amended, adopted and
approved, according to chapter 103B, 103C, or 103D. Upon request by a local government
unit, the board may also award performance-based grants to local units of government to
carry out TMDL implementation plans as provided in chapter 114D, if the TMDL
implementation plan has been incorporated into the local water management plan according
to the procedures for approving comprehensive plans, watershed management plans, local
water management plans, or comprehensive watershed management plans under chapter
103B, 103C, or 103D, or if the TMDL implementation plan has undergone a public review
process. Notwithstanding section 16A.41, the board may award performance-basednew text begin,
watershed-based, or program-based
new text end grants new text beginor other financial assistance new text endon an advanced
basisnew text begin and may prescribe the amount of local match requirednew text end. deleted text beginThe fee authorized in section
40A.152 may be used as a local match or as a supplement to state funding to accomplish
implementation of comprehensive plans, watershed management plans, local water
management plans, or comprehensive watershed management plans under this chapter and
chapter 103C or 103D
deleted text endnew text begin The board may enter into intergovernmental agreements to provide
funding for water management to local governments
new text end.

Sec. 37.

Minnesota Statutes 2018, section 103B.3369, subdivision 9, is amended to read:


Subd. 9.

deleted text beginPerformance-baseddeleted text end Criteria.

new text begin(a) new text endThe board deleted text beginshalldeleted text end new text beginmust new text enddevelop and deleted text beginutilizedeleted text endnew text begin usenew text end
performance-based criteria for local water resources restoration, protection, and management
programs and projects. The criteria may include but are not limited to science-based
assessments, organizational capacity, priority resource issues, community outreach and
support, partnership potential, potential for multiple benefits, and program and project
delivery efficiency and effectiveness.

new text begin (b) Notwithstanding paragraph (a), the board may develop and use eligibility criteria
for state grants or other financial assistance provided to local governments.
new text end

Sec. 38.

Minnesota Statutes 2018, section 103B.611, subdivision 3, is amended to read:


Subd. 3.

Powers.

Subject to the provisions of chapters 97A, 103D, 103E, 103G, and
115, and the rules and regulations of the respective agencies and governing bodies vested
with jurisdiction and authority under those chapters, the district has the following powers
on Lake Minnetonka, excluding the area of public drainage ditches or watercourses connected
to the lake:

(1) to regulate the types of boats permitted to use the lake and set service fees;

(2) to regulate, maintain, and police public beaches, public docks, and other public
facilities for access to the lake within the territory of the municipalities, provided that a
municipality may supersede the district's action under this clause by adopting an ordinance
specifically referring to the district's action by one year after the district's action;

(3) to limit by rule the use of the lake at various times and the use of various parts of
the lake;

(4) to regulate the speed of boats on the lake and the conduct of other activities on the
lake to secure the safety of the public and the most general public use;

(5) to contract with other law enforcement agencies to police the lake and its shore;

(6) to regulate the construction, installation, and maintenance of permanent and temporary
docks and moorings consistent with federal and state law;

(7) to regulate the construction and use of mechanical and chemical means of deicing
the lake and to regulate mechanical and chemical means of removal of weeds and algae
from the lake;

(8) to regulate the construction, configuration, size, location, and maintenance of
commercial marinas and their related facilities deleted text beginincluding parking areas and sanitary facilitiesdeleted text endnew text begin
that affect activity below the ordinary high-water mark
new text end. The deleted text beginregulation shalldeleted text endnew text begin authority under
this clause does not apply to land-based marina activities, including storage facilities, and
must
new text end be consistent with the applicable new text beginstate statutes, new text endmunicipal building codesnew text begin,new text end and zoning
ordinances where the marinas are located;

(9) to contract with other governmental bodies to perform any of the functions of the
district;

(10) to undertake research to determine the condition and development of the lake and
the water entering it and to transmit their studies to the Pollution Control Agency and other
interested authorities, and to develop a comprehensive program to eliminate pollution;

(11) to receive financial assistance from and join in projects or enter into contracts with
federal and state agencies for the study and treatment of pollution problems and
demonstration programs related to them; and

(12) to petition the board of managers of a watershed district in which the lake
conservation district is located for improvements under section 103D.705; a bond is not
required of the lake conservation district.

For purposes of this subdivision "watercourses connected to the lake" does not include
channels connecting portions of the lake to one another.

Sec. 39.

Minnesota Statutes 2018, section 103B.801, subdivision 2, is amended to read:


Subd. 2.

Program purposes.

The purposes of the comprehensive watershed management
plan program under section 103B.101, subdivision 14, paragraph (a), are to:

(1) align local water planning purposes and procedures under this chapter and chapters
103C and 103D on watershed boundaries to create a systematic, watershed-wide,
science-based approach to watershed management;

(2) acknowledge and build off existing local government structure, water plan services,
and local capacity;

(3) incorporate and make use of data and information, including watershed restoration
and protection strategies under section 114D.26new text begin, which may serve to fulfill all or some of
the requirements under chapter 114D
new text end;

(4) solicit input and engage experts from agencies, citizens, and stakeholder groups;

(5) focus on implementation of prioritized and targeted actions capable of achieving
measurable progress; and

(6) serve as a substitute for a comprehensive plan, local water management plan, or
watershed management plan developed or amended, approved, and adopted, according to
this chapter or chapter 103C or 103D.

Sec. 40.

Minnesota Statutes 2018, section 103B.801, subdivision 5, is amended to read:


Subd. 5.

Timelines; administration.

(a) The board shall develop and adopt, by June
30, 2016, a transition plan for development, approval, adoption, and coordination of plans
consistent with section 103A.212. The transition plan must include a goal of completing
statewide transition to comprehensive watershed management plans by 2025. The
metropolitan area may be considered for inclusion in the transition plan.new text begin The board may
amend the transition plan no more than once every two years.
new text end

(b) The board may use the authority under section 103B.3369, subdivision 9, to support
development or implementation of a comprehensive watershed management plan under this
section.

Sec. 41.

new text begin [103C.332] SOIL AND WATER CONSERVATION DISTRICTS; DUTIES
AND SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin In addition to any other duty prescribed by law, soil and water
conservation districts must:
new text end

new text begin (1) respond to and provide technical and financial assistance to landowners to maintain
and improve the quality, quantity, distribution, and sustainability of natural resources,
including surface water, groundwater, soil, and ecological resources;
new text end

new text begin (2) provide technical assistance in implementing the soil erosion law under sections
103F.401 to 103F.48;
new text end

new text begin (3) arrange for employees to serve on technical evaluation panels to implement the
wetland laws as required under section 103G.2242;
new text end

new text begin (4) locally administer the reinvest in Minnesota reserve program under section 103F.515
and rules adopted thereunder, using knowledge of local resources to manage each easement
to maximize environmental benefits;
new text end

new text begin (5) participate in administering the Wetland Conservation Act as provided under sections
103G.221 to 103G.2375, either in an advisory capacity or as the designated local government
unit administering the program;
new text end

new text begin (6) participate in the local water management program under chapter 103B, either in an
advisory capacity or as the designated local government unit administering the program;
new text end

new text begin (7) participate, as appropriate, in the comprehensive watershed management planning
program under section 103B.801;
new text end

new text begin (8) participate in disaster response efforts as provided in chapter 12A;
new text end

new text begin (9) provide technical recommendations to the Department of Natural Resources on
general permit applications under section 103G.301;
new text end

new text begin (10) provide technical assistance and local administration of the agricultural water quality
certification program under sections 17.9891 to 17.993;
new text end

new text begin (11) provide technical assistance for the agricultural land preservation program under
chapter 40A, where applicable;
new text end

new text begin (12) maintain compliance with section 15.99 for deadlines for agency action;
new text end

new text begin (13) coordinate with appropriate county officials on matters related to electing soil and
water conservation district supervisors;
new text end

new text begin (14) cooperate to the extent possible with federal, state, and local agencies and with
private organizations to avoid duplicating and to enhance implementing public and private
conservation initiatives within the jurisdiction of the district; and
new text end

new text begin (15) enter into cooperative agreements with the United States Department of Agriculture,
Natural Resources Conservation Service, and other United States Department of Agriculture
agencies to leverage federal technical and financial assistance.
new text end

new text begin Subd. 2. new text end

new text begin Services provided. new text end

new text begin To carry out the duties under subdivision 1 and implement
the soil and water conservation policy of the state as stated in section 103A.206, soil and
water conservation districts provide a range of services, including but not limited to:
new text end

new text begin (1) performing administrative services, including comprehensive and annual work
planning, administering grants, leveraging outside funding, establishing fiscal accountability
measures, reporting accomplishments, human resources management, and staff and supervisor
development;
new text end

new text begin (2) providing technical expertise, including knowledge of local resources, performing
technical evaluations and certifications, assessing concerns, and providing oversight in
surveying, designing, and constructing conservation practices;
new text end

new text begin (3) providing information and education outreach, including increasing landowner
awareness and knowledge of soil and water conservation program opportunities to protect
soil and water resources and publicizing the benefits of soil and water conservation to the
general public;
new text end

new text begin (4) facilitating regulatory processes for impacted landowners and providing technical
review and comment on regulatory permits and development plans for regulations relating
to soil and water conservation;
new text end

new text begin (5) administering projects and programs, including but not limited to the nonpoint source
pollution abatement program; reinvest in Minnesota reserve conservation easements program;
disaster response; local water management and comprehensive watershed management
planning programs; and projects related to floodplains, lakes, streams and ditches, wetlands,
upland resources, and groundwater resources, to maintain and improve the quality, quantity,
distribution, and sustainability of natural resources, including surface water, groundwater,
soil, and ecological resources;
new text end

new text begin (6) monitoring and inventorying to collect data that provide a baseline understanding of
resource conditions and changes to the resources over time and analyzing and interpreting
the data to support program implementation; and
new text end

new text begin (7) maintaining a modern technology infrastructure that facilitates planning and projects,
including geographic information systems, modeling software, mobile workstations, survey
and design equipment and software, and other technology for linking landowners with
conservation plans.
new text end

Sec. 42.

Minnesota Statutes 2018, section 103E.021, subdivision 6, is amended to read:


Subd. 6.

Incremental deleted text beginimplementationdeleted text endnew text begin establishmentnew text end; vegetated buffer strips and
side inlet controls.

(a) Notwithstanding other provisions of this chapter requiring
appointment of viewers and redetermination of benefits and damages, a drainage authority
may deleted text beginimplementdeleted text endnew text begin make findings and order the establishment ofnew text end permanent buffer strips of
perennial vegetation deleted text beginapproved by the drainage authoritydeleted text end or side inlet controls, or both,
adjacent to a public drainage ditch, where necessary to control erosion and sedimentation,
improve water quality, or maintain the efficiency of the drainage system. new text beginThe drainage
authority's finding that establishing permanent buffer strips of perennial vegetation or side
inlet controls is necessary to control erosion and sedimentation, improve water quality, or
maintain the efficiency of the drainage system is sufficient to confer jurisdiction under this
subdivision.
new text endPreference should be given to planting native species of a local ecotype. The
approved perennial vegetation deleted text beginshalldeleted text endnew text begin mustnew text end not impede future maintenance of the ditch. The
permanent strips of perennial vegetation shall be 16-1/2 feet in width measured outward
from the top edge of the existing constructed channel. Drainage system rights-of-way for
the acreage and additional property required for the permanent strips must be acquired by
the authority having jurisdiction.

(b) A project under this subdivision deleted text beginshalldeleted text endnew text begin mustnew text end be implemented as a repair according to
section 103E.705, except that the drainage authority may appoint an engineer to examine
the drainage system and prepare an engineer's repair report for the project.

(c) Damages deleted text beginshalldeleted text endnew text begin mustnew text end be determined by the drainage authority, or viewers, appointed
by the drainage authority, according to section 103E.315, subdivision 8. A damages statement
deleted text begin shalldeleted text endnew text begin mustnew text end be prepared, including an explanation of how the damages were determined for
each property affected by the project, and filed with the auditor or watershed district. Within
30 days after the damages statement is filed, the auditor or watershed district deleted text beginshalldeleted text endnew text begin mustnew text end
prepare property owners' reports according to section 103E.323, subdivision 1, clauses (1),
(2), (6), (7), and (8), and mail a copy of the property owner's report and damages statement
to each owner of property affected by the proposed project.

(d) After a damages statement is filed, the drainage authority deleted text beginshalldeleted text endnew text begin mustnew text end set a time, by
order, not more than 30 days after the date of the order, for a hearing on the project. At least
ten days before the hearing, the auditor or watershed district deleted text beginshalldeleted text endnew text begin mustnew text end give notice by mail
of the time and location of the hearing to the owners of property and political subdivisions
likely to be affected by the project.

(e) The drainage authority deleted text beginshalldeleted text endnew text begin mustnew text end make findings and order the repairs to be made if
the drainage authority determines from the evidence presented at the hearing and by the
viewers and engineer, if appointed, that the repairs are necessary for the drainage system
and the costs of the repairs are within the limitations of section 103E.705.

Sec. 43.

Minnesota Statutes 2018, section 103E.071, is amended to read:


103E.071 COUNTY ATTORNEY.

The county attorney shall represent the county in all drainage proceedings and related
matters without special compensationnew text begin, except as provided in section 388.09, subdivision 1new text end.
A county attorney, the county attorney's assistant, or any attorney associated with the county
attorney in businessdeleted text begin,deleted text end may not otherwise appear in any drainage proceeding for any interested
person.

Sec. 44.

Minnesota Statutes 2018, section 103E.351, subdivision 1, is amended to read:


Subdivision 1.

Conditions to redetermine benefits and damages; appointing
viewers.

new text begin(a) new text endIf the drainage authority determines that the deleted text beginoriginaldeleted text end benefits or damages new text beginof
record
new text enddetermined in a drainage proceeding do not reflect reasonable deleted text beginpresent daydeleted text endnew text begin present-daynew text end
land values or that the benefited or damaged areas have changed, deleted text beginor if more than 50 percent
of the owners of property benefited or damaged by a drainage system petition for correction
of an error that was made at the time of the proceedings that established the drainage system,
deleted text end
the drainage authority may appoint three viewers to redetermine and report the benefits and
damages and the benefited and damaged areas.

new text begin (b) If more than 26 percent of the owners of property or owners of 26 percent of the
property that is benefited or damaged by a drainage system petition to redetermine benefits
and damages, the drainage authority must make a determination on the petition according
to paragraph (a).
new text end

Sec. 45.

Minnesota Statutes 2018, section 103E.351, subdivision 2, is amended to read:


Subd. 2.

Hearing and procedure.

(a) The redetermination of benefits and damages
deleted text begin shalldeleted text endnew text begin mustnew text end proceed as provided for viewers and the viewers' report in sections 103E.311 to
103E.321.

(b) The auditor new text beginor secretary new text endmust prepare a property owners' report from the viewers'
report. A copy of the property owners' report must be mailed to each owner of property
affected by the drainage system.

(c) The drainage authority deleted text beginshalldeleted text endnew text begin mustnew text end hold a final hearing on the report and confirm the
benefits and damages and benefited and damaged areas. The final hearing deleted text beginshalldeleted text endnew text begin mustnew text end proceed
as provided under sections 103E.325, 103E.335, and 103E.341deleted text begin, except that the hearing shall
be held within 30 days after the property owners' report is mailed
deleted text end.

Sec. 46.

Minnesota Statutes 2018, section 103E.351, subdivision 3, is amended to read:


Subd. 3.

Using redetermined benefits and damages.

The redetermined benefits and
damages and new text beginthe redetermined new text endbenefited and damaged areas must be used in place of the
deleted text begin originaldeleted text end benefits and damages new text beginof record new text endand new text beginthe new text endbenefited and damaged areas new text beginof record new text endin
all subsequent proceedings relating to the drainage system.

Sec. 47.

new text begin [103E.729] APPORTIONING REPAIR COSTS; ALTERNATIVE OPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Option. new text end

new text begin Notwithstanding any conflicting provision of this chapter, a
drainage authority may use the option under this section to apportion repair costs on all
property contributing runoff to the drainage system according to the relative runoff and
relative sediment delivery determined in an approved report to apportion repair costs prepared
according to subdivision 2. Repair costs apportioned using the method in this section are
charges for property contributing runoff to the drainage system that must be considered
repair cost assessments under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Report to apportion repair costs. new text end

new text begin (a) When the drainage authority determines
that a drainage system repair is necessary, the drainage authority may apportion costs for
repairing a drainage system based on relative runoff and relative sediment delivery from
any property, public road, street, railway, or other utility contributing runoff to the drainage
system as provided in this section. If the method under this section is used, costs must be
determined before ordering the repair of all or any part of a drainage system as provided in
section 103E.705, subdivision 3, or 103E.715, subdivision 4, or before levying an assessment
for a repair fund as provided in section 103E.735, subdivision 1.
new text end

new text begin (b) The drainage authority must appoint one or more persons qualified to use geographic
information system technology and applicable digital information, including but not limited
to conditioned topographic data, soils and land use data, and property, road, and utility
corridor identification data, together with appropriate on-site verification, to equitably
apportion repair costs.
new text end

new text begin (c) The person or persons conducting the cost apportionment must file a report to
apportion repair costs with the drainage authority explaining in nontechnical language the
method, data, and interpretations used and the results of the cost apportionment. The report
must present data and results in a format so that individual property owners, political
subdivisions, and utilities can clearly examine the information applicable to their property,
public road, street, railway, or other utility, including for each parcel having a separate
property identification number.
new text end

new text begin Subd. 3. new text end

new text begin Hearing on report. new text end

new text begin (a) When a report to apportion repair costs is filed, the
drainage authority, in consultation with the auditor or secretary, must set a time, by order,
for a hearing on the report not more than 30 days after the date of the order. At least 20 days
before the hearing, the auditor or secretary must give notice by mail of the time and location
of the hearing to the owners of property, political subdivisions, and utilities proposed to be
assessed in the report. The notice of hearing must include a copy of the portion of the report
explaining in nontechnical language the method, data, and interpretations used; the results
of the cost apportionment applicable to the property owner, political subdivision, or utility
receiving notice; and a statement of the location where the entire report to apportion repair
costs has been filed for public inspection.
new text end

new text begin (b) At the hearing, the drainage authority must hear and consider the testimony presented
by all interested parties. At least one person responsible for preparing the report to apportion
repair costs must be present at the initial hearing.
new text end

new text begin (c) If the drainage authority determines that the apportionment of costs is inequitable,
the drainage authority may amend the report to apportion repair costs and must make
necessary and proper findings and an order in relation to the report, or resubmit matters to
the report preparer for further consideration. If matters are resubmitted, the hearing may be
continued as necessary to make and hear an amended report. The report preparer must
proceed promptly to reconsider resubmitted matters and must make and file an amended
report. The drainage authority may replace the original report with the amended report to
apportion repair costs and make necessary and proper findings and an order to approve the
amended report. The jurisdiction of the drainage authority continues in the property given
proper notice, and new or additional notice is not required for that property.
new text end

new text begin Subd. 4. new text end

new text begin Findings; approval. new text end

new text begin After considering the report to apportion repair costs, any
amended report, and all evidence presented, the drainage authority must make findings,
approve the report, and apportion repair costs consistent with the values in the report to
apportion repair costs if the drainage authority finds that the cost apportionment is equitable
because:
new text end

new text begin (1) the weighting of relative runoff and relative sediment delivery is appropriate for the
type of repair;
new text end

new text begin (2) the data inputs are reliable; and
new text end

new text begin (3) the computation method is reliable.
new text end

new text begin Subd. 5. new text end

new text begin Report updates. new text end

new text begin The drainage authority may continue to apportion repair costs
consistent with the values in the report to apportion repair costs of record. After a report to
apportion repair costs has been approved under this subdivision, an owner of property, a
political subdivision, or a utility assessed in the report of record may request in writing that
the drainage authority update the report based on changed land use. The request must be
filed with the auditor of the county where the property is located or the secretary. Before
the drainage authority approves a repair cost assessment for the drainage system, the drainage
authority must determine if the report to apportion repair costs of record reasonably reflects
current land use, relative runoff, and relative sediment delivery. If it does not so reflect, the
drainage authority must make findings and must appoint one or more persons to prepare
and file an updated report to apportion repair costs for the drainage system in accordance
with subdivision 2.
new text end

new text begin Subd. 6. new text end

new text begin Conservation lands. new text end

new text begin Proper consideration must be given to property that is
used for conservation that prohibits development or land use change by ownership, deed
restriction, or conservation easement, or is enrolled in a program that prohibits agricultural
crop production.
new text end

new text begin Subd. 7. new text end

new text begin Appeals. new text end

new text begin The owner of any property subject to cost apportionment listed in the
adopted report to apportion repair costs may appeal the findings of the drainage authority
under subdivision 4 as provided in section 103E.095.
new text end

new text begin Subd. 8. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "relative runoff" means the surface and subsurface runoff potential from a specific
property compared on an equitable basis to all other properties contributing runoff to the
drainage system; and
new text end

new text begin (2) "relative sediment delivery" means the sediment delivery potential from a specific
property compared on an equitable basis to all other properties contributing runoff to the
drainage system.
new text end

new text begin Subd. 9. new text end

new text begin Sunset. new text end

new text begin This section expires on July 31, 2024.
new text end

Sec. 48.

Minnesota Statutes 2018, section 103F.361, subdivision 2, is amended to read:


Subd. 2.

Legislative intent.

It is the intent of sections 103F.361 to 103F.377 to authorize
and direct the board and deleted text beginthe countiesdeleted text endnew text begin zoning authoritiesnew text end to implement the plan for the
Mississippi headwaters area.

Sec. 49.

Minnesota Statutes 2018, section 103F.363, subdivision 1, is amended to read:


Subdivision 1.

Generally.

Sections 103F.361 to 103F.377 apply to the counties of
Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrisonnew text begin and all other
zoning authorities
new text end.

Sec. 50.

Minnesota Statutes 2018, section 103F.365, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Zoning authority. new text end

new text begin "Zoning authority" means counties, organized townships,
local and special governmental units, joint powers boards, councils, commissions, boards,
districts, and all state agencies and departments wholly or partially within the corridor
defined by the plan, excluding statutory or home rule charter cities.
new text end

Sec. 51.

Minnesota Statutes 2018, section 103F.371, is amended to read:


103F.371 RESPONSIBILITIES OF OTHER GOVERNMENTAL UNITS.

(a) All local and special governmental units, councils, commissions, boards and districts
and all state agencies and departments must exercise their powers so as to further the purposes
of sections 103F.361 to 103F.377 and the plan. Land owned by the state, its agencies, and
political subdivisions shall be administered in accordance with the plan.new text begin The certification
procedure under section 103F.373 applies to all zoning authorities in the corridor defined
by the plan.
new text end

(b) Actions that comply with the land use ordinance are consistent with the plan. Actions
that do not comply with the ordinance may not be started until the board has been notified
and given an opportunity to review and comment on the consistency of the action with this
section.

Sec. 52.

Minnesota Statutes 2018, section 103F.373, subdivision 1, is amended to read:


Subdivision 1.

Purpose.

To deleted text beginassuredeleted text endnew text begin ensurenew text end that the plan is not nullified by unjustified
exceptions in particular cases and to promote uniformity in the treatment of applications
for exceptions, a review and certification procedure is established for the following categories
of land use actions taken by deleted text beginthe counties anddeleted text endnew text begin zoning authoritiesnew text end directly or indirectly affecting
land use within the area covered by the plan:

(1) the adoption or amendment of an ordinance regulating the use of land, including
rezoning of particular tracts of land;

(2) the granting of a variance from provisions of the land use ordinance; and

(3) the approval of a plat which is inconsistent with the land use ordinance.

Sec. 53.

Minnesota Statutes 2018, section 103F.373, subdivision 3, is amended to read:


Subd. 3.

Procedure for certification.

A copy of the notices of public hearings or, when
a hearing is not required, a copy of the application to consider an action of a type specified
in subdivision 1, clauses (1) to (3), must be forwarded to the board by the deleted text begincountydeleted text endnew text begin zoning
authority
new text end at least 15 days before the hearing or meetings to consider the actions. The deleted text begincountydeleted text end
new text begin zoning authority new text endshall notify the board of its final decision on the proposed action within
ten days of the decision. By 30 days after the board receives the notice, the board shall
notify the deleted text begincountydeleted text endnew text begin zoning authoritynew text end and the applicant of deleted text beginitsdeleted text endnew text begin the board'snew text end approval or disapproval
of the proposed action.

Sec. 54.

Minnesota Statutes 2018, section 103F.373, subdivision 4, is amended to read:


Subd. 4.

Disapproval of actions.

(a) If a notice of disapproval is issued by the board,
the deleted text begincountydeleted text endnew text begin zoning authoritynew text end or the applicant may, within 30 days of the notice, file with the
board a demand for a hearing. If a demand is not filed within the 30-day period, the
disapproval becomes final.

(b) If a demand is filed within the 30-day period, a hearing must be held within 60 days
of demand. The hearing must be preceded by two weeks' published notice. Within 30 days
after the hearing, the board must:

(1) affirm its disapproval of the proposed action; or

(2) certify approval of the proposed action.

Sec. 55.

Minnesota Statutes 2018, section 103G.241, subdivision 1, is amended to read:


Subdivision 1.

Conditions to affect public waters.

An agent or employee of another
may not construct, reconstruct, remove, or make a change in a reservoir, dam, or waterway
obstruction on a public water or in any manner change or diminish the course, current, or
cross section of public waters unless the agent or employee has:

(1) obtained a signed statement from the property owner stating that the permits required
for the work have been obtained or a permit is not required; and

(2) mailed new text beginor electronically transmitted new text enda copy of the statement to the regional office of
the Department of Natural Resources where the proposed work is located.

Sec. 56.

Minnesota Statutes 2018, section 103G.241, subdivision 3, is amended to read:


Subd. 3.

Form for compliance.

The commissioner shall develop a form to be distributed
to contractors' associations and county auditors to comply with this section. The form must
include:

(1) a listing of the activities for which a permit is required;

(2) a description of the penalties for violating this chapter;

(3) the mailing addressesnew text begin, electronic mail addresses,new text end and telephone numbers of the
regional offices of the Department of Natural Resources;

(4) a statement that water inventory maps completed according to section 103G.201 are
on file with the auditors of the counties; and

(5) spaces for a description of the work and the names, mailing addresses, new text beginelectronic
mail addresses,
new text endand telephone numbers of the person authorizing the work and the agent or
employee proposing to undertake it.

Sec. 57.

Minnesota Statutes 2018, section 103G.271, subdivision 7, is amended to read:


Subd. 7.

Transferring permit.

new text begin(a) new text endA 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
ifnew text begin:
new text end

new text begin (1)new text end the permittee is in compliance with all permit conditionsnew text begin, as demonstrated by:
new text end

new text begin (i) the permit being valid at the time of the real property transfer; and
new text end

new text begin (ii) the permittee has complied with the total volume allowed under the water-use permit
prior to transferring the real property;
new text end and

new text begin (2) new text endthe permit meets the requirements of sections 103G.255 to 103G.301.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2010.
new text end

Sec. 58.

Minnesota Statutes 2018, section 103G.271, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

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

new text begin Before a management plan for
appropriating water is prepared, the commissioner must provide estimates of the economic
impact of any new restriction or policy on existing and future groundwater users and local
governments in the affected area. Strategies to address economic impacts must be included
in the plan.
new text end

Sec. 59.

Minnesota Statutes 2018, section 103G.287, subdivision 1, is amended to read:


Subdivision 1.

Applications for groundwater appropriations; preliminary
well-construction approval.

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

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

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

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

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

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

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

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

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

Sec. 60.

Minnesota Statutes 2018, 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 beginDuring the
development of a groundwater management 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 shall otherwise limit public information
disseminated related to the groundwater management area to direct factual responses to
public and media inquires.
new text endAt 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 economic effect of any new restriction or policy on existing and future
groundwater users and local governments in the affected area. Strategies to address economic
impacts must be included in any plan.
new text end

Sec. 61.

Minnesota Statutes 2018, section 103G.287, subdivision 5, is amended to read:


Subd. 5.

Sustainability standard.

new text begin(a) new text endThe 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. 62.

Minnesota Statutes 2018, section 103G.289, is amended to read:


103G.289 WELL INTERFERENCE; deleted text beginWELL SEALINGdeleted text endnew text begin VALIDATION;
CONTESTED CASE
new text end.

new text begin (a) new text endThe commissioner shall not validate a new text beginclaim for new text endwell interference deleted text beginclaimdeleted 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. 63.

Minnesota Statutes 2018, section 103G.311, subdivision 2, is amended to read:


Subd. 2.

Hearing notice.

(a) The hearing notice on an application must include:

(1) the date, place, and time fixed by the commissioner for the hearing;

(2) the waters affected, the water levels sought to be established, or control structures
proposed; and

(3) the matters prescribed by sections 14.57 to 14.59 and rules adopted thereunder.

(b) A summary of the hearing notice must be published by the commissioner at the
expense of the applicant or, if the proceeding is initiated by the commissioner in the absence
of an applicant, at the expense of the commissioner.

(c) The summary of the hearing notice must be:

(1) published once a week for two successive weeks before the day of hearing in a legal
newspaper published in the county where any part of the affected waters is located; and

(2) mailed new text beginor electronically transmitted new text endby the commissioner to the county auditor, the
mayor of a municipality, the watershed district, and the soil and water conservation district
affected by the application.

Sec. 64.

Minnesota Statutes 2018, section 103G.311, subdivision 5, is amended to read:


Subd. 5.

Demand for hearing.

(a) If a hearing is waived and an order is made issuing
or denying the permit, the applicant, the managers of the watershed district, the board of
supervisors of the soil and water conservation district, or the governing body of the
municipality may file a demand for hearing on the application. The demand for a hearing
must be filed within 30 days after mailednew text begin or electronically transmittednew text end notice of the order
with the bond required by subdivision 6.

(b) The commissioner must give notice as provided in subdivision 2, hold a hearing on
the application, and make a determination on issuing or denying the permit as though the
previous order had not been made.

(c) The order issuing or denying the permit becomes final at the end of 30 days after
mailed new text beginor electronically transmitted new text endnotice of the order to the applicant, the managers of the
watershed district, the board of supervisors of the soil and water conservation district, or
the governing body of the municipality, and an appeal of the order may not be taken if:

(1) the commissioner waives a hearing and a demand for a hearing is not made; or

(2) a hearing is demanded but a bond is not filed as required by subdivision 6.

Sec. 65.

Minnesota Statutes 2018, section 103G.315, subdivision 8, is amended to read:


Subd. 8.

Notice of permit order.

Notice of orders made after hearing must be given by
publication of the order once a week for two successive weeks in a legal newspaper in the
county where the hearing was held and by mailing new text beginor electronically transmitting new text endcopies of
the order to parties who entered an appearance at the hearing.

Sec. 66.

Minnesota Statutes 2018, section 103G.408, is amended to read:


103G.408 TEMPORARY DRAWDOWN OF PUBLIC WATERS.

(a) The commissioner, upon consideration of recommendations and objections as provided
in clause (2), item (iii), and paragraph (c), may issue a public-waters-work permit for the
temporary drawdown of a public water when:

(1) the public water is a shallow lake to be managed for fish, wildlife, or ecological
purposes by the commissioner and the commissioner has conducted a public hearing
presenting a comprehensive management plan outlining how and when temporary drawdowns
under this section will be conducted; or

(2) the permit applicant is a public entity and:

(i) the commissioner deems the project to be beneficial and makes findings of fact that
the drawdown is in the public interest;

(ii) the permit applicant has obtained permission from at least 75 percent of the riparian
landowners; and

(iii) the permit applicant has conducted a public hearing according to paragraph (d).

(b) In addition to the requirements in section 103G.301, subdivision 6, the permit
applicant shall serve a copy of the application on each county, municipality, and watershed
management organization, if one exists, within which any portion of the public water is
located and on the lake improvement district, if one exists.

(c) A county, municipality, watershed district, watershed management organization, or
lake improvement district required to be served under paragraph (b) or section 103G.301,
subdivision 6
, may file a written recommendation for the issuance of a permit or an objection
to the issuance of a permit with the commissioner within 30 days after receiving a copy of
the application.

(d) The hearing notice for a public hearing under paragraph (a), clause (2), item (iii),
must:

(1) include the date, place, and time for the hearing;

(2) include the waters affected and a description of the proposed project;

(3) be mailed new text beginor electronically transmitted new text endto the director, the county auditor, the clerk
or mayor of a municipality, the lake improvement district if one exists, the watershed district
or water management organization, the soil and water conservation district, and all riparian
owners of record affected by the application; and

(4) be published in a newspaper of general circulation in the affected area.

(e) Periodic temporary drawdowns conducted under paragraph (a) deleted text beginshalldeleted text endnew text begin arenew text end not deleted text beginbedeleted text end
considered takings from riparian landowners.

(f) This section does not apply to public waters that have been designated for wildlife
management under section 97A.101.

Sec. 67.

Minnesota Statutes 2018, section 103G.615, subdivision 3a, is amended to read:


Subd. 3a.

Invasive aquatic plant management permit.

(a) "Invasive aquatic plant
management permit" means an aquatic plant management permit as defined in rules of the
Department of Natural Resources that authorizes the selective control of invasive aquatic
plants to cause a significant reduction in the abundance of the invasive aquatic plant.

(b) The commissioner may waive the dated signature of approval requirement in rules
of the Department of Natural Resources for invasive aquatic plant management permits if
obtaining signatures would create an undue burden on the permittee or if the commissioner
determines that aquatic plant control is necessary to protect natural resources.

(c) If the signature requirement is waived under paragraph (b) because obtaining
signatures would create an undue burden on the permittee, the commissioner shall require
an alternate form of landowner notification, including news releases or public notices in a
local newspaper, a public meeting, or a mailing new text beginor electronic transmission new text endto the most recent
permanent new text beginphysical or electronic mailing new text endaddress of affected landowners. The notification
must be given annually and must include: the proposed date of treatment, the target species,
the method of control or product being used, and instructions on how the landowner may
request that control not occur adjacent to the landowner's property.

(d) The commissioner may allow dated signatures of approval obtained for an invasive
aquatic plant management permit to satisfy rules of the Department of Natural Resources
to remain valid for three years if property ownership remains unchanged.

Sec. 68.

Minnesota Statutes 2018, section 114D.15, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Comprehensive local water management plan. new text end

new text begin "Comprehensive local water
management plan" has the meaning given under section 103B.3363, subdivision 3.
new text end

Sec. 69.

Minnesota Statutes 2018, section 114D.15, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Comprehensive watershed management plan. new text end

new text begin "Comprehensive watershed
management plan" has the meaning given under section 103B.3363, subdivision 3a.
new text end

Sec. 70.

Minnesota Statutes 2018, section 114D.15, subdivision 7, is amended to read:


Subd. 7.

Restoration.

"Restoration" means actionsdeleted text begin, including effectiveness monitoring,
that are
deleted text end taken to new text beginpursue, new text endachievenew text begin,new text end and maintain water quality standards for impaired waters
deleted text begin in accordance with a TMDL that has been approved by the United States Environmental
Protection Agency under federal TMDL requirements
deleted text end.

Sec. 71.

Minnesota Statutes 2018, section 114D.15, subdivision 11, is amended to read:


Subd. 11.

TMDL implementation plan.

"TMDL implementation plan" means a
document detailing restoration new text beginstrategies or new text endactivities needed to meet deleted text beginthedeleted text end approved deleted text beginTMDL'sdeleted text endnew text begin
TMDL
new text end pollutant load allocations for point and nonpoint sources.new text begin This could include a
WRAPS, a comprehensive watershed management plan, a comprehensive local water
management plan, or another document or strategy that the commissioner of the Pollution
Control Agency determines to be, in whole or in part, sufficient to provide reasonable
assurance of achieving applicable water quality standards.
new text end

Sec. 72.

Minnesota Statutes 2018, section 114D.15, subdivision 13, is amended to read:


Subd. 13.

Watershed restoration and protection strategy or WRAPS.

"Watershed
restoration and protection strategy" or "WRAPS" means a document summarizing scientific
studies of a major watershed deleted text beginno larger thandeleted text endnew text begin at approximatelynew text end a hydrologic unit code 8
deleted text begin including the physical, chemical, and biological assessment of the water quality of the
watershed; identification of impairments and water bodies in need of protection; identification
of biotic stressors and sources of pollution, both point and nonpoint; TMDLs for the
impairments; and an implementation table containing
deleted text end new text beginscale with new text endstrategies deleted text beginand actionsdeleted text end
designed to achieve and maintain water quality standards and goals.

Sec. 73.

Minnesota Statutes 2018, section 114D.20, subdivision 2, is amended to read:


Subd. 2.

Goals for implementation.

The following goals must guide the implementation
of this chapter:

(1) to identify impaired waters in accordance with federal TMDL requirements deleted text beginwithin
ten years after May 23, 2006,
deleted text end and deleted text beginthereafterdeleted text end to ensure continuing evaluation of surface
waters for impairments;

(2) to submit TMDLs to the United States Environmental Protection Agency deleted text beginfor all
impaired waters
deleted text end in a timely manner in accordance with federal TMDL requirements;

(3) to deleted text beginset a reasonable timedeleted text endnew text begin inform and support strategiesnew text end for implementing restoration
deleted text begin of each identified impaired waterdeleted text endnew text begin and protection activities in a reasonable time periodnew text end;

(4)new text begin to systematically evaluate waters,new text end to provide assistance and incentives to prevent
waters from becoming impairednew text begin,new text end and to improve the quality of waters that are listed as
impaired deleted text beginbut do not have an approved TMDL addressing the impairmentdeleted text end;

(5) to promptly seek the delisting of waters from the impaired waters list when those
waters are shown to achieve the designated uses applicable to the waters;

(6) to achieve compliance with federal Clean Water Act requirements in Minnesota;

(7) to support effective measures to prevent the degradation of groundwater according
to the groundwater degradation prevention goal under section 103H.001; and

(8) to support effective measures to restore degraded groundwater.

Sec. 74.

Minnesota Statutes 2018, section 114D.20, subdivision 3, is amended to read:


Subd. 3.

Implementation policies.

The following policies must guide the implementation
of this chapter:

(1) develop regional deleted text beginanddeleted text endnew text begin, multiple pollutant, ornew text end watershed TMDLs deleted text beginand TMDL
implementation plans, and TMDLs and TMDL implementation plans for multiple pollutants
deleted text endnew text begin
or WRAPSs
new text end, where reasonable and feasible;

(2) maximize use of available organizational, technical, and financial resources to perform
sampling, monitoring, and other activities to identify degraded groundwater and impaired
waters, including use of citizen monitoring and citizen monitoring data used by the Pollution
Control Agency in assessing water quality that meets the requirements deleted text beginin Appendix D of
the Volunteer Surface Water Monitoring Guide, Minnesota
deleted text end new text beginestablished by the commissioner
of the
new text endPollution Control Agency deleted text begin(2003)deleted text end;

(3) maximize opportunities for restoration of degraded groundwater and impaired waters,
by prioritizing and targeting of available programmatic, financial, and technical resources
and by providing additional state resources to complement and leverage available resources;

(4) use existing regulatory authorities to achieve restoration for point and nonpoint
sources of pollution where applicable, and promote the development and use of effective
nonregulatory measures to address pollution sources for which regulations are not applicable;

(5) use restoration methods that have a demonstrated effectiveness in reducing
impairments and provide the greatest long-term positive impact on water quality protection
and improvement and related conservation benefits while incorporating innovative approaches
on a case-by-case basis;

(6) identify for the legislature any innovative approaches that may strengthen or
complement existing programs;

(7) identify and encourage implementation of measures to prevent surface waters from
becoming impaired and to improve the quality of waters that are listed as impaired but have
no approved TMDL addressing the impairment using the best available data and technology,
and establish and report outcome-based performance measures that monitor the progress
and effectiveness of protection and restoration measures;

(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
amount up to 150 percent of the financial assistance received for failure to comply; and

(9) identify and encourage implementation of measures to prevent groundwater from
becoming degraded and measures that restore groundwater resources.

Sec. 75.

Minnesota Statutes 2018, section 114D.20, subdivision 5, is amended to read:


Subd. 5.

Priorities for new text beginscheduling and new text endpreparing new text beginWRAPSs and new text endTMDLs.

new text beginThe
commissioner of the Pollution Control Agency must seek recommendations from
new text endthe Clean
Water Council deleted text beginshall recommenddeleted text endnew text begin, the commissioners of natural resources, health and
agriculture, and the Board of Water and Soil Resources regarding
new text end priorities for scheduling
and preparing new text beginWRAPSs and new text endTMDLs deleted text beginand TMDL implementation plans, taking into account
the severity
deleted text endnew text begin. Recommendations must consider the causesnew text end of deleted text beginthe impairmentdeleted text endnew text begin impairmentsnew text end,
the designated uses of deleted text beginthosedeleted text endnew text begin thenew text end waters, deleted text beginand otherdeleted text end applicable federal TMDL requirementsdeleted text begin.
In recommending priorities, the council shall also give consideration to
deleted text endnew text begin, surface water and
groundwater interactions, protection of high-quality waters,
new text end waters and watershedsnew text begin with
declining water quality trends, and waters used as drinking water sources. Furthermore,
consideration must be given to waters and watersheds
new text end:

(1) deleted text beginwith impairmentsdeleted text end that deleted text beginposedeleted text endnew text begin havenew text end the greatest potential risk to human health;

(2) deleted text beginwith impairmentsdeleted text end that deleted text beginposedeleted text endnew text begin havenew text end the greatest potential risk to threatened or endangered
species;

(3) deleted text beginwith impairmentsdeleted text end that deleted text beginposedeleted text endnew text begin havenew text end the greatest potential risk to aquatic health;

(4) where other public agencies and participating organizations and individuals, especially
local, deleted text beginbasinwidedeleted text endnew text begin basin-widenew text end, watershed, or regional agencies or organizations, have
demonstrated readiness to assist in carrying out the responsibilities, including availability
and organization of human, technical, and financial resources necessary to undertake the
work; and

(5) where there is demonstrated coordination and cooperation among cities, counties,
watershed districts, and soil and water conservation districts in planning and implementation
of activities that will assist in carrying out the responsibilities.

Sec. 76.

Minnesota Statutes 2018, section 114D.20, subdivision 7, is amended to read:


Subd. 7.

Priorities for funding prevention actions.

The Clean Water Council shall
apply the priorities applicable under subdivision 6, as far as practicable, when recommending
priorities for funding actions to prevent groundwater and surface waters from becoming
degraded or impaired and to improve the quality of surface waters that are listed as impaired
deleted text begin but do not have an approved TMDLdeleted text end.

Sec. 77.

Minnesota Statutes 2018, section 114D.20, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Alternatives; TMDL, TMDL implementation plan, or WRAPS. new text end

new text begin (a) If the
commissioner of the Pollution Control Agency determines that a comprehensive watershed
management plan or comprehensive local water management plan contains information that
is sufficient and consistent with guidance from the United States Environmental Protection
Agency under section 303(d) of the federal Clean Water Act, the commissioner may submit
the plan to the Environmental Protection Agency according to federal TMDL requirements
as an alternative to developing a TMDL.
new text end

new text begin (b) A TMDL implementation plan or a WRAPS, or portions thereof, are not needed for
waters or watersheds when the commissioner of the Pollution Control Agency determines
that a comprehensive watershed management plan, a comprehensive local water management
plan, or a statewide or regional strategy published by the Pollution Control Agency meets
the definition in section 114D.15, subdivision 11 or 13.
new text end

new text begin (c) The commissioner of the Pollution Control Agency may request that the Board of
Water and Soil Resources conduct an evaluation of the implementation efforts under a
comprehensive watershed management plan or comprehensive local water management
plan when the commissioner makes a determination under paragraph (b). The board must
conduct the evaluation in accordance with section 103B.102.
new text end

new text begin (d) The commissioner of the Pollution Control Agency may amend or revoke a
determination made under paragraph (a) or (b) after considering the evaluation conducted
under paragraph (c).
new text end

Sec. 78.

Minnesota Statutes 2018, section 114D.20, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Coordinating municipal and local water quality activities. new text end

new text begin A project, practice,
or program for water quality improvement or protection that is conducted by a watershed
management organization or a local government unit with a comprehensive watershed
management plan or other water management plan approved according to chapter 103B,
103C, or 103D may be considered by the commissioner of the Pollution Control Agency
as contributing to the requirements of a storm water pollution prevention plan (SWPPP) for
a municipal separate storm sewer systems (MS4) permit unless the project, practice, or
program was previously documented as contributing to a different SWPPP for an MS4
permit.
new text end

Sec. 79.

Minnesota Statutes 2018, section 114D.26, is amended to read:


114D.26 WATERSHED RESTORATION AND PROTECTION STRATEGIES.

Subdivision 1.

Contents.

new text begin(a) new text endThe new text begincommissioner of the new text endPollution Control Agency shall
develop watershed restoration and protection strategiesdeleted text begin. To ensure effectiveness and
accountability in meeting the goals of this chapter,
deleted text endnew text begin for the purposes of:
new text end

new text begin (1) summarizing the physical, chemical, and biological assessment of the water quality
of the watershed;
new text end

new text begin (2) quantifying impairments and risks to water quality;
new text end

new text begin (3) describing the causes of impairments and pollution sources;
new text end

new text begin (4) consolidating TMDLs in a major watershed; and
new text end

new text begin (5) informing comprehensive local water management plans and comprehensive
watershed management plans.
new text end

new text begin (b) new text endEach WRAPS deleted text beginshalldeleted text endnew text begin mustnew text end:

(1) identify impaired waters and waters in need of protection;

(2) identify biotic stressors causing impairments or threats to water quality;

(3) summarize new text beginTMDLs, new text endwatershed modeling outputsnew text begin,new text end and resulting pollution load
allocationsdeleted text begin, wasteload allocations,deleted text end and deleted text beginpriority areas for targeting actions to improve water
quality
deleted text endnew text begin identify areas with high pollutant-loading ratesnew text end;

deleted text begin (4) identify point sources of pollution for which a national pollutant discharge elimination
system permit is required under section 115.03;
deleted text end

deleted text begin (5) identify nonpoint sources of pollution for which a national pollutant discharge
elimination system permit is not required under section 115.03, with sufficient specificity
to prioritize and geographically locate watershed restoration and protection actions;
deleted text end

deleted text begin (6) describe the current pollution loading and load reduction needed for each source or
source category to meet water quality standards and goals, including wasteload and load
allocations from TMDLs;
deleted text end

deleted text begin (7) contain a plan for ongoingdeleted text endnew text begin (4) in consultation with local governments and other state
agencies, identify
new text end water quality monitoring new text beginneeded new text endto fill data gaps, determine changing
conditions, deleted text beginanddeleted text endnew text begin ornew text end gauge implementation effectiveness; and

deleted text begin (8)deleted text endnew text begin (5)new text end contain deleted text beginan implementation table ofdeleted text end strategies deleted text beginand actionsdeleted text end that are capable of
cumulatively achieving needed pollution load reductions for point and nonpoint sources,
includingnew text begin identifyingnew text end:

(i) water quality parameters of concern;

(ii) current water quality conditions;

(iii) water quality goalsnew text begin, strategies,new text end and targets by parameter of concern;new text begin and
new text end

(iv) strategies deleted text beginand actions by parameter of concerndeleted text end and new text beginan example of new text endthe scale of
adoptions deleted text beginneeded for each;deleted text endnew text begin with a timeline to meet the water quality restoration or protection
goals of this chapter.
new text end

deleted text begin (v) a timeline for achievement of water quality targets;
deleted text end

deleted text begin (vi) the governmental units with primary responsibility for implementing each watershed
restoration or protection strategy; and
deleted text end

deleted text begin (vii) a timeline and interim milestones for achievement of watershed restoration or
protection implementation actions within ten years of strategy adoption.
deleted text end

new text begin Subd. 1a. new text end

new text begin Coordination. new text end

new text begin To ensure effectiveness, efficiency, and accountability in
meeting the goals of this chapter, the commissioner of the Pollution Control Agency, in
consultation with the Board of Water and Soil Resources and local government units, must
coordinate the schedule, budget, scope, and use of a WRAPS and related documents and
processes.
new text end

Subd. 2.

Reporting.

Beginning July 1, 2016, and every other year thereafter, new text beginthe
commissioner of
new text endthe Pollution Control Agency must report on deleted text beginitsdeleted text endnew text begin the agency'snew text end website the
progress toward implementation milestones and water quality goals deleted text beginfor all adopted TMDLs
and, where available, WRAPSs
deleted text end.

Subd. 3.

Timelines; administration.

deleted text beginEach year,deleted text endnew text begin (a) The commissioner ofnew text end the Pollution
Control Agency must complete deleted text beginWRAPSs for at least ten percent ofdeleted text endnew text begin watershed restoration
and protection strategies for
new text end the state's major watershedsdeleted text begin. WRAPS shall bedeleted text endnew text begin by June 30,
2023, unless the commissioner determines that a comprehensive watershed management
plan or comprehensive local water management plan, in whole or in part, meets the definition
in section 114D.15, subdivision 11 or 13. As needed, the commissioner must update the
strategies, in whole or in part, after consulting with the Board of Water and Soil Resources
and local government units.
new text end

new text begin (b) Watershed restoration and protection strategies arenew text end governed by the procedures for
approval and notice in section 114D.25, subdivisions 2 and 4, except that deleted text beginWRAPSdeleted text endnew text begin the
strategies
new text end need not be submitted to the United States Environmental Protection Agency.

Sec. 80.

Minnesota Statutes 2018, section 114D.35, subdivision 1, is amended to read:


Subdivision 1.

Public and stakeholder participation.

new text begin(a) new text endPublic agencies and private
entities involved in deleted text beginthe implementation ofdeleted text endnew text begin implementingnew text end this chapter deleted text beginshalldeleted text endnew text begin mustnew text end encourage
participation by the public and stakeholders, including local citizens, landowners deleted text beginanddeleted text endnew text begin, landnew text end
managers, and public and private organizationsdeleted text begin, in identifying impaired waters, in developing
TMDLs, in planning, priority setting, and implementing restoration of impaired waters, in
identifying degraded groundwater, and in protecting and restoring groundwater resources
deleted text end.

new text begin (b)new text end In particular, the new text begincommissioner of the new text endPollution Control Agency deleted text beginshalldeleted text endnew text begin mustnew text end make
reasonable efforts to provide timely information to the public and to stakeholders about
impaired waters that have been identified by the agencydeleted text begin. The agency shall seek broad and
early public and stakeholder participation in scoping the activities necessary to develop a
TMDL, including the scientific models, methods, and approaches to be used in TMDL
development, and to implement restoration pursuant to section 114D.15, subdivision 7
deleted text endnew text begin and
to inform and consult with the public and stakeholders in developing a WRAPS or TMDL
new text end.

new text begin (c) Public agencies and private entities using public funds that are involved in
implementing restoration and protection identified in a comprehensive watershed
management plan or comprehensive local water management plan must make efforts to
inform, consult, and involve the public and stakeholders.
new text end

new text begin (d) The commissioner of the Pollution Control Agency and the Board of Water and Soil
Resources must coordinate public and stakeholder participation in consultation with local
government units. To the extent practicable, implementation of this chapter must be
accomplished in cooperation with local, state, federal, and tribal governments and
private-sector organizations.
new text end

Sec. 81.

Minnesota Statutes 2018, section 114D.35, subdivision 3, is amended to read:


Subd. 3.

Education.

The Clean Water Council deleted text beginshalldeleted text endnew text begin mustnew text end develop strategies for
informing, educating, and encouraging the participation of citizens, stakeholders, and others
regarding deleted text beginthe identification of impaired waters, development of TMDLs, development of
TMDL implementation plans, implementation of restoration for impaired waters,
identification of degraded groundwater, and protection and restoration of groundwater
resources
deleted text endnew text begin this chapternew text end. Public agencies deleted text beginshall bedeleted text endnew text begin arenew text end responsible for implementing the
strategies.

Sec. 82.

new text begin [114D.47] NONPOINT FUNDING ALTERNATIVE.
new text end

new text begin Notwithstanding section 114D.50, subdivision 3a, the Board of Water and Soil Resources
may, by board order, establish alternative timelines or content for the priority funding plan
for nonpoint sources under section 114D.50, subdivision 3a, and may use information from
comprehensive watershed management plans or comprehensive local water management
plans to estimate or summarize costs.
new text end

Sec. 83.

Minnesota Statutes 2018, section 115.03, is amended by adding a subdivision to
read:


new text begin Subd. 5e. new text end

new text begin Sugar beet storage. new text end

new text begin The commissioner must not require a sugar beet company
that has a current national pollutant discharge elimination system permit or state disposal
system permit to install an engineered liner for a storm water runoff pond at a remote storage
site for sugar beets unless a risk assessment confirms that there is significant impact on
groundwater and that an engineered liner is necessary to prevent, control, or abate water
pollution. For purposes of this subdivision, "remote storage site for sugar beets" means an
area where sugar beets are temporarily stored before delivery to a sugar beet processing
facility and that is not located on land adjacent to the processing facility.
new text end

Sec. 84.

Minnesota Statutes 2018, section 115A.51, is amended to read:


115A.51 APPLICATION REQUIREMENTS.

new text begin (a) new text endApplications for assistance under the program deleted text beginshalldeleted text endnew text begin mustnew text end demonstrate:

deleted text begin (a)deleted text endnew text begin (1)new text end that the project is conceptually and technically feasible;

deleted text begin (b)deleted text endnew text begin (2)new text end that affected political subdivisions are committed to implement the project, to
provide necessary local financing, and to accept and exercise the government powers
necessary to the project;

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

deleted text begin (d)deleted text endnew text begin (4)new text end that the applicant has evaluated the feasible and prudent alternatives to disposalnew text begin,
including using existing solid waste management facilities with reasonably available capacity
sufficient to accomplish the goals of the proposed project,
new text end and has compared and evaluated
the costs of the alternatives, including capital and operating costs, and the effects of the
alternatives on the cost to generatorsdeleted text begin.deleted text endnew text begin;
new text end

new text begin (5) that the applicant has identified:
new text end

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

new text begin (ii) other solid waste facilities identified in the county and regional plans; and
new text end

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

new text begin (i) conformity with approved county or regional solid waste management plans;
new text end

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

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

new text begin (b)new text end The commissioner may require completion of a comprehensive solid waste
management plan conforming to the requirements of section 115A.46, before accepting an
application.new text begin Within five days of filing an application with the agency, the applicant must
submit a copy of the application to each solid waste management facility mentioned in the
portion of the application addressing the requirements of paragraph (a), clauses (5) and (6).
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. 85.

Minnesota Statutes 2018, section 115B.421, is amended to read:


115B.421 CLOSED LANDFILL INVESTMENT FUND.

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

Sec. 86.

Minnesota Statutes 2018, 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 (a) 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, or similar pronouncement if the guideline, bulletin, criterion, manual standard,
interpretive statement, or similar pronouncement meets the definition of a rule as defined
under section 14.02, subdivision 4, but 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 overcome a presumption against the unadopted rule.
new text end

new text begin (b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion,
manual standard, interpretive statement, or similar pronouncement into a statute, rule, or
standard, the commissioner must follow the rulemaking process provided under chapter 14
to amend or revise any such guideline, bulletin, criterion, manual standard, interpretive
statement, or similar pronouncement.
new text end

Sec. 87.

Minnesota Statutes 2018, section 116.0714, is amended to read:


116.0714 NEW OPEN-AIR SWINE BASINS.

new text begin (a) new text endThe commissioner of the Pollution Control Agency or a county board shall not
approve any permits for the construction of new open-air swine basins, except that existing
facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste
treatment program for resolving pollution problems or to allow conversion of an existing
basin of less than 1,000,000 gallons to a different animal type, provided all standards are
met. This section expires June 30, 2022.

new text begin (b) This section does not apply to basins used solely for wastewater from truck-washing
facilities.
new text end

Sec. 88.

new text begin [116.385] TRICHLOROETHYLENE; BAN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, "trichloroethylene" means
a chemical with the Chemical Abstract Services Registry.
new text end

new text begin Subd. 2. new text end

new text begin Use ban. new text end

new text begin (a) Beginning January 1, 2021, an owner or operator of a facility
required to have an air emissions permit issued by the Pollution Control Agency may not
use trichloroethylene at its permitted facility, including in any manufacturing, processing,
or cleaning processes. Cessation of use must be made enforceable in the air emissions permit
for the facility or in an enforceable agreement by January 1, 2021.
new text end

new text begin (b) If additional time is needed to assess replacement chemicals or address impacts to
facility operations, then by January 1, 2021, the commissioner may, at the commissioner's
discretion, include a schedule of compliance in the facility's permit or enforceable agreement
that requires compliance with this section before January 1, 2023. Owners or operators of
facilities requesting additional time under this subdivision must demonstrate compliance
with the health based value for trichloroethylene, as established by the Department of Health.
new text end

new text begin (c) The commissioner may grant a variance under this section pursuant to section 116.07,
subdivision 5.
new text end

new text begin Subd. 3. new text end

new text begin Replacement chemicals. new text end

new text begin An owner or operator that must comply with this
section must replace trichloroethylene with a chemical demonstrated to be less toxic to
human health and approved by the commissioner of the Pollution Control Agency. If there
is more than one less-toxic replacement chemical, then the commissioner may require the
owner or operator to perform a feasibility study to determine the least toxic alternative.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 89.

Minnesota Statutes 2018, section 116.993, subdivision 2, is amended to read:


Subd. 2.

Eligible borrower.

To be eligible for a loan under this section, a borrower
must:

(1) be a small business corporation, sole proprietorship, partnership, or association;

(2) be a potential emitter of pollutants to the air, ground, or water;

(3) need capital for equipment purchases that will meet or exceed environmental
regulations or need capital for site investigation and cleanup;

(4) have less than deleted text begin50deleted text endnew text begin 100new text end full-time new text beginequivalent new text endemployees;new text begin and
new text end

(5) have an after tax profit of less than $500,000deleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (6) have a net worth of less than $1,000,000.
deleted text end

Sec. 90.

Minnesota Statutes 2018, section 116.993, subdivision 6, is amended to read:


Subd. 6.

Loan conditions.

A loan made under this section must include:

(1) an interest rate that is deleted text beginfour percent ordeleted text end new text beginat or below new text endone-half the prime rate, deleted text beginwhichever
is greater
deleted text endnew text begin not to exceed five percentnew text end;

(2) a term of payment of not more than seven years; and

(3) an amount not less than $1,000 or exceeding deleted text begin$50,000deleted text endnew text begin $75,000new text end.

Sec. 91.

Minnesota Statutes 2018, section 282.01, subdivision 4, is amended to read:


Subd. 4.

Sale; method; requirements; effects.

(a) The sale authorized under subdivision
3 must be conducted by the county auditor at the county seat of the county in which the
parcels lie, except that in St. Louis and Koochiching Counties, the sale may be conducted
in any deleted text begincountydeleted text endnew text begin designatednew text end facility within the county. The sale must not be for less than the
appraised value except as provided in subdivision 7a. The parcels must be sold for cash
only, unless the county board of the county has adopted a resolution providing for their sale
on terms, in which event the resolution controls with respect to the sale. When the sale is
made on terms other than for cash only (1) a payment of at least ten percent of the purchase
price must be made at the time of purchase, and the balance must be paid in no more than
ten equal annual installments, or (2) the payments must be made in accordance with county
board policy, but in no event may the board require more than 12 installments annually,
and the contract term must not be for more than ten years. Standing timber or timber products
must not be removed from these lands until an amount equal to the appraised value of all
standing timber or timber products on the lands at the time of purchase has been paid by
the purchaser. If a parcel of land bearing standing timber or timber products is sold at public
auction for more than the appraised value, the amount bid in excess of the appraised value
must be allocated between the land and the timber in proportion to their respective appraised
values. In that case, standing timber or timber products must not be removed from the land
until the amount of the excess bid allocated to timber or timber products has been paid in
addition to the appraised value of the land. The purchaser is entitled to immediate possession,
subject to the provisions of any existing valid lease made in behalf of the state.

(b) For sales occurring on or after July 1, 1982, the unpaid balance of the purchase price
is subject to interest at the rate determined pursuant to section 549.09. The unpaid balance
of the purchase price for sales occurring after December 31, 1990, is subject to interest at
the rate determined in section 279.03, subdivision 1a. The interest rate is subject to change
each year on the unpaid balance in the manner provided for rate changes in section 549.09
or 279.03, subdivision 1a, whichever, is applicable. Interest on the unpaid contract balance
on sales occurring before July 1, 1982, is payable at the rate applicable to the sale at the
time that the sale occurred.

(c) Notwithstanding subdivision 7, a county board may by resolution provide for the
listing and sale of individual parcels by other means, including through a real estate broker.
However, if the buyer under this paragraph could have repurchased a parcel of property
under section 282.012 or 282.241, that buyer may not purchase that same parcel of property
at the sale under this subdivision for a purchase price less than the sum of all taxes,
assessments, penalties, interest, and costs due at the time of forfeiture computed under
section 282.251, and any special assessments for improvements certified as of the date of
sale. This subdivision shall be liberally construed to encourage the sale and utilization of
tax-forfeited land in order to eliminate nuisances and dangerous conditions and to increase
compliance with land use ordinances.

Sec. 92.

Laws 2012, chapter 236, section 28, subdivision 2, as amended by Laws 2016,
chapter 154, section 9, is amended to read:


Subd. 2.

Method of sale.

(a) The leaseholder of a leased parcel may purchase at private
sale the leased parcel and any other lands allocated to the parcel by the county under
subdivision 6 that is offered for sale under this section. The purchase price is the appraised
value of the land under subdivision 3 exclusive of improvements on it. To purchase a parcel,
a leaseholder must pay in cash to the county an amount equal to the appraised value of the
land within 180 days from the date of mailing to or service of notice of appraised value to
the leaseholder by the county. The 180-day period runs from the date of mailing of a copy
of the appraisal to the leaseholder at the address shown upon the most recent lease agreement
between the parties, exclusive of the date of mailing or service. The county may use any
alternative method of notice under the Minnesota Rules of Civil Procedure for the service
of a summons and complaint.

(b) If the leaseholder does not purchase the parcel so offered, the county may offer the
lands for sale under the provisions of Minnesota Statutes, section 282.01, subdivision 7. If
a person other than the leaseholder purchases the parcel, the purchaser must make payment
in full to the leaseholder in the manner provided in Minnesota Statutes, section 92.06,
subdivision 4
, for the value of any improvements as determined under subdivision 3new text begin or for
the value of any improvements as determined through negotiations
new text end.

(c) Failure of a purchaser to comply with the terms of payment voids the sale and the
property may be reoffered for sale.

Sec. 93.

Laws 2012, chapter 236, section 28, subdivision 9, as amended by Laws 2016,
chapter 154, section 11, is amended to read:


Subd. 9.

Sunset.

This section expires deleted text beginsevendeleted text endnew text begin tennew text end years after the effective date.

Sec. 94.

Laws 2013, chapter 114, article 4, section 105, as amended by Laws 2017, chapter
93, article 2, section 148, is amended to read:


Sec. 105. RULES; SILICA SAND.

(a) The commissioner of the Pollution Control Agency may adopt rules pertaining to
the control of particulate emissions from silica sand projects. The rulemaking is exempt
from Minnesota Statutes, section 14.125.

(b) The commissioner of natural resources shall deleted text beginadopt rulesdeleted text endnew text begin develop a model ordinancenew text end
pertaining to the reclamation of silica sand mines. The deleted text beginrulemaking is exempt from Minnesota
Statutes, section 14.125
deleted text endnew text begin commissioner shall publish the model ordinance in the State Registernew text end.

(c) By January 1, 2014, the Department of Health shall adopt an air quality health-based
value for silica sand.

(d) The Environmental Quality Board may amend its rules for environmental review,
adopted under Minnesota Statutes, chapter 116D, for silica sand mining and processing to
take into account the increased activity in the state and concerns over the size of specific
operations. The Environmental Quality Board shall consider whether the requirements of
Minnesota Statutes, section 116C.991, should remain part of the environmental review
requirements for silica sand and whether the requirements should be different for different
geographic areas of the state. The rulemaking is exempt from Minnesota Statutes, section
14.125.

Sec. 95. new text beginADDITION TO STATE PARK.
new text end

new text begin [85.012] [Subd. 23a.] Glendalough State Park, Otter Tail County.
new text end

new text begin The following areas are added to Glendalough State Park, Otter Tail County:
new text end

new text begin (1) Government Lot 2, Section 12, Township 133 North, Range 40 West, Otter Tail
County, Minnesota, subject to an existing conservation easement; and
new text end

new text begin (2) the West Half of the Southeast Quarter and Government Lots 2 and 3, Section 11,
Township 133 North, Range 40 West, Otter Tail County, Minnesota, except that part of
said Government Lot 2 platted as Walvatne Addition. Subject to an existing conservation
easement.
new text end

Sec. 96. new text beginDELETION FROM STATE PARK.
new text end

new text begin [85.012] [Subd. 49.] St. Croix State Park, Pine County. new text end new text begin The following area is deleted
from St. Croix State Park, Pine County: that part of the North Half of the Northwest Quarter
of Section 29 and that part of the Northeast Quarter of the Northeast Quarter of Section 30,
Township 41 North, Range 17 West, Pine County, Minnesota, lying north of County Road
48.
new text end

Sec. 97. new text beginPRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; CARLTON COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering public
water that is described in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Carlton County and is described as:
Government Lot 6, Section 1, Township 48 North, Range 19 West.
new text end

new text begin (d) The land borders Perch 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 be best served if
the land were sold to a federally recognized Indian tribe for land consolidation purposes.
new text end

Sec. 98. new text beginPUBLIC 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: Lot 7, Block
1, Dell's Sleepy Hollow, located in Section 22, Township 140 North, Range 29 West.
new text end

new text begin (d) The land borders Woman 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. 99. new text beginPRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER;
HUBBARD 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 lands bordering
public water that is described in paragraph (c) to Hubbard County for no consideration.
new text end

new text begin (b) The commissioner may make necessary changes to the legal descriptions to correct
errors and ensure accuracy.
new text end

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

new text begin (1) the East 285.00 feet of the West 660.00 feet of Government Lot 4 of Section 27,
Township 141 North, Range 34 West. Including all riparian rights to the contained 2.3 acres,
more or less; and
new text end

new text begin (2) that part of Government Lot 2 of Section 34, Township 141 North, Range 34 West,
described as follows:
new text end

new text begin Commencing at the northwest corner of said Government Lot 2; thence South 89 degrees
27 minutes 15 seconds East, bearing assumed, along the north line of said Section 34 a
distance of 375.18 feet to the point of beginning; thence continuing South 89 degrees
27 minutes 15 seconds East along said north line a distance of 285.13 feet; thence South
02 degrees 01 minutes 46 seconds East along a line parallel with and 660.00 feet from
the west line of said Government Lot 2 a distance of 77.98 feet; thence North 88 degrees
14 minutes 48 seconds East a distance of 65.77 feet along a line which if continued
550.00 feet would intersect an angle iron previously used as the northeast corner of said
Government Lot 2; thence South 01 degrees 45 minutes 12 seconds East along a line
parallel with and 550.00 feet west of a previously established survey line a distance of
650.18 feet to the boundary line as established by that certain agreement between Richard
Dusbabek and Jean Dusbabek, husband and wife, and Donald S. Olson and Betty Jane
Olson, husband and wife, and filed for record on May 10, 1982, in the office of the
county recorder in Book 146 of Deeds, page 806; thence South 88 degrees 12 minutes
12 seconds West along said boundary line a distance of 179.39 feet; thence North 12
degrees 07 minutes 46 seconds West a distance of 663.07 feet; thence North 32 degrees
35 minutes 05 seconds West a distance of 101.91 feet to the point of beginning; containing
4.1 acres.
new text end

new text begin (d) The lands border Big Sand Lake. The Department of Natural Resources has
determined that the lands are not needed for natural resource purposes and that the state's
land management interests would best be served if the lands were conveyed to Hubbard
County.
new text end

Sec. 100. new text beginPRIVATE SALE OF TAX-FORFEITED LAND; ITASCA COUNTY.
new text end

new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, Itasca County may sell by private sale the tax-forfeited land
described in paragraph (c).
new text end

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

new text begin (c) The land to be sold is located in Itasca County and is described as: the East 660 feet
of the West 990 feet of the South 660 feet of the Southwest Quarter of the Southeast Quarter,
Section 7, Township 55 North, Range 24 West.
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 used for a new broadcast tower, transmitter, and transmission
building.
new text end

Sec. 101. new text beginPUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; KANABEC 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 Kanabec County and is described as: that part
of the West 200 feet of the Northwest Quarter of Section 13, Township 42 North, Range
23 West, Kanabec County, Minnesota, lying northerly of the centerline of the Snake River.
new text end

new text begin (d) The land borders the Snake River 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. 102. new text beginPUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; OTTER TAIL 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 Otter Tail County and is described as:
new text end

new text begin Lots 25, 26, and 27 in Block 2 of Jackson and Mckee's Addition, according to the plat
thereof, on file and of record in the Office of the Recorder, Otter Tail County, Minnesota,
less and except that part of said Lot 27 in Block 2 of Jackson and Mckee's Addition, Otter
Tail County, Minnesota, South of the line between Government Lots 2 and 3, Section 14,
Township 136, Range 38.
new text end

new text begin (d) The land borders Big Pine 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. 103. new text beginCONVEYANCE OF STATE LAND; STEARNS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 222.63, or any other law to the contrary,
the commissioner of transportation may convey and quitclaim to a private party all right,
title, and interest of the state of Minnesota, in the land described in paragraph (e).
new text end

new text begin (b) The conveyance may take place only upon conditions determined by the commissioner
or transportation and is not subject to restrictions on disposition, sale, lease, or otherwise
contained in Minnesota Statutes, section 222.63.
new text end

new text begin (c) The consideration for a conveyance made under this section shall be the fair market
value of the land conveyed hereunder. Proceeds from the sale of real estate or buildings
under this section shall be deposited in the rail bank maintenance account established in
Minnesota Statutes, section 222.63, subdivision 8.
new text end

new text begin (d) The conveyance may reduce the width of the rail bank corridor to less than 100 feet,
provided the conveyance does not reduce the width of the rail bank corridor to less than ten
feet.
new text end

new text begin (e) The land to be conveyed is located in Stearns County and is described as:
new text end

new text begin That part of Tract A described below:
new text end

new text begin Tract A. Outlot "A," Railroad Ridge, according to the plat thereof on file and of record in
the Office of the County Recorder in and for Stearns County, Minnesota; which lies northerly
of a line run parallel with and distant 33 feet southerly of the northerly line of said Outlot
"A" and westerly of the southerly extension of westerly right of way line of 5th Street as
shown on said Railroad Ridge; together with that part of Tract A, herein before described,
adjoining and southerly of the above described strip which lies northerly of a line run parallel
with and distant 40 feet southerly of the northerly line of said Outlot "A" and westerly of
the following described line: beginning at a point on the southerly line of said Outlot "A,"
distant 436.36 feet easterly of the southwest corner thereof; thence northerly at right angles
from said southerly line for 50 feet and there terminating; containing 29,925 square feet,
more or less.
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. 104. new text beginLEASE; TAX-FORFEITED LAND; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary,
St. Louis County may enter into a lease for the tax-forfeited lands described in paragraph
(b) for consideration of more than $12,000 per year.
new text end

new text begin (b) The lands to be leased are located in St. Louis County and are described as:
new text end

new text begin (1) a 10.0-acre site in the Southeast Quarter, Section 15, Township 56 North, Range 17
West, to be used for a telecommunications tower and a 33-foot-wide strip of land, 16.5 feet
on either side of the centerline in the Southeast Quarter, Section 15, and in the Southwest
Quarter, Section 14, Township 56 North, Range 17 West, to be used for an access road to
the tower site; and
new text end

new text begin (2) a 10.0-acre site in the West Half, Section 32, Township 60 North, Range 21 West,
to be used for a telecommunications tower and a 33-foot-wide strip of land, 16.5 feet on
either side of the centerline in the West Half, Section 32, Township 60 North, Range 21
West, to be used for an access road to the tower site.
new text end

Sec. 105. new text beginACCESS TO TIMBER ON TAX-FORFEITED LAND; ST. LOUIS
COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 160.83, or other law to the contrary,
St. Louis County or its agents or assigns may operate vehicles used for timber harvesting
and hauling or for transporting equipment and appurtenances incidental to timber harvesting,
gravel, and other road-building materials for timber haul roads on designated rustic roads
to access tax-forfeited lands for sustainable forest management.
new text end

new text begin (b) The tax-forfeited lands to be accessed are located in St. Louis County in Sections
26, 27, and 35, Township 53 North, Range 12 West.
new text end

new text begin (c) The rustic roads used for forest management must be immediately repaired if damaged
and must be maintained in their preharvest condition.
new text end

new text begin (d) The county has determined that the county's sustainable forest management
responsibilities would best be served by using existing public roads to access tax-forfeited
land rather than building new roads.
new text end

Sec. 106. new text beginPRIVATE SALE OF TAX-FORFEITED LAND; 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) that part of the Southwest Quarter of the Southwest Quarter lying North of Norton
Road and West of Howard Gnesen Road, except the easterly 95 feet of the westerly 890
feet and except the westerly 300 feet, Section 3, Township 50, Range 14 (parcel identification
number 010-2710-00549);
new text end

new text begin (2) Lot 5, except the northerly three feet and except the southerly ten feet, West Duluth
Fifth Division, Section 7, Township 49, Range 14 (parcel identification number
010-4510-06740);
new text end

new text begin (3) the Southeast Quarter of the Northeast Quarter, except 4.24 acres for the highway
and except the part platted as Clayton Acres and except the highway right-of-way and except
6.44 acres of the adjacent plat and except the part North of Highway 169, Section 28,
Township 57, Range 21 (parcel identification number 141-0050-05470);
new text end

new text begin (4) that part of the West 420 feet of the Southeast Quarter of the Northwest Quarter lying
South of the northerly line of Government Lot 6, except that part beginning at the southwest
corner; thence easterly along the southerly boundary 420 feet to a point; thence northerly
and parallel with the westerly boundary of said Southeast Quarter of the Northwest Quarter
177.95 feet to a point; thence North 67 degrees 38 minutes 35 seconds West to a point on
the westerly boundary of said Southeast Quarter of the Northwest Quarter; thence southerly
along said westerly boundary approximately 364.12 feet to the point of beginning, Section
26, Township 57, Range 18 (parcel identification number 295-0017-00326);
new text end

new text begin (5) the South Half of the Northwest Quarter, Section 15, Township 56, Range 18 (parcel
identification number 435-0010-02590);
new text end

new text begin (6) part of the East 400 feet of the Southeast Quarter, Section 14, Township 63, Range
12 (part of parcel identification number 465-0020-01965);
new text end

new text begin (7) part of the Northeast Quarter of the Southwest Quarter, Lots 2 and 3, Section 20,
Township 54, Range 13 (part of parcel identification number 620-0010-03130); and
new text end

new text begin (8) Lots 2, 3, 4, and 5, inclusive auditor's plat of Chandler Addition to Ely, Section 28,
Township 63, Range 12 (parcel identification number 030-0030-03530).
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. 107. new text beginPUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; WABASHA 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 Wabasha County and is described as: Lot 4,
Section 8, Township 109, Range 12, lying and being in the county of Wabasha, State of
Minnesota.
new text end

new text begin (d) The land borders the Zumbro River 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. 108. new text beginPRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; YELLOW MEDICINE 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 the United States for no consideration.
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 Yellow Medicine County and is described
as: the South 33.00 feet of the Northwest Quarter of the Northwest Quarter and that part of
Government Lot 1, Section 22, Township 114 North, Range 41 West, Yellow Medicine
County, Minnesota, described as follows:
new text end

new text begin Beginning at the southwest corner of said Government Lot 1; thence on an assumed
bearing of North 01 degrees 09 minutes 07 seconds West along the west line of said
Government Lot 1 a distance of 33.00 feet; thence North 89 degrees 42 minutes 02
seconds East parallel with the south line of said Government Lot 1 a distance of 150.00
feet; thence North 00 degrees 17 minutes 58 seconds West 267.00 feet; thence North 89
degrees 42 minutes 02 seconds East 754 feet more or less, to the water's edge of Spellman
Lake; thence southwesterly along said water's edge 760 feet, more or less, to the south
line of said Government Lot 1; thence South 89 degrees 42 minutes 02 seconds West
along the south line of said Government Lot 1 a distance of 288 feet, more or less, to
the point of beginning; including all riparian rights to the contained 4.1 acres, more or
less.
new text end

new text begin (d) The land borders Spellman Lake and is not contiguous to other state lands but is
adjacent to a waterfowl production area. The Department of Natural Resources has
determined that the land would best be managed by the United States Fish and Wildlife
Services as part of a waterfowl production area.
new text end

Sec. 109. new text beginAPPLICATION OF STORM WATER RULES TO TOWNSHIPS.
new text end

new text begin Until the Pollution Control Agency amends rules for storm water, Minnesota Rules, part
7090.1010, subpart 1, item B, subitem (1), does not apply to towns or unorganized areas of
counties.
new text end

Sec. 110. new text beginAGGREGATE RECLAMATION GUIDANCE APPROPRIATION.
new text end

new text begin $100,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of natural resources to update the Department of Natural Resources aggregate reclamation
handbook as recommended by the Aggregate Resources Task Force Final Report dated
January 15, 2018.
new text end

Sec. 111. new text beginAPPROPRIATIONS; LOCAL RECREATION MATCHING GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Parks and outdoor recreation areas. new text end

new text begin $500,000 in fiscal year 2020 and
$500,000 in fiscal year 2021 are appropriated from the general fund to the commissioner
of natural resources for matching grants for parks and outdoor recreation areas under
Minnesota Statutes, section 85.019, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Trail connections. new text end

new text begin $500,000 in fiscal year 2020 and $500,000 in fiscal year
2021 are appropriated from the general fund to the commissioner of natural resources for
matching grants for trail connections under Minnesota Statutes, section 85.019, subdivision
4c.
new text end

Sec. 112. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must change the reference in Minnesota Statutes, sections 127A.30,
subdivision 2, and 287.22 from "section 92.121" to "section 92.122."
new text end

Sec. 113. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 92.121, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S0835-1

92.121 PERMANENT SCHOOL FUND LANDS.

The commissioner of natural resources shall exchange permanent school fund land as defined in the Minnesota Constitution, article XI, section 8, located in state parks, state recreation areas, wildlife management areas, scientific and natural areas, or state waysides or on lands managed by the commissioner as old growth stands, for other lands as allowed by the Minnesota Constitution, article XI, section 10, and section 94.343, subdivision 1, that are compatible with the goal of the permanent school fund lands in section 127A.31 when, as a result of management practices applied to the permanent school fund lands and associated resources, revenue generation has been diminished or is prohibited and no alternative has been put into effect to compensate the permanent school fund for the income losses.