SF 723

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 08/13/2018 02:46pm

A bill for an act
relating to state government; appropriating money for environment, natural
resources, and tourism purposes; modifying fees; creating accounts; providing for
disposition of certain receipts; modifying grant, contract, and lease provisions;
modifying land, water, forest, and park management; modifying water safety
provisions; modifying environmental review provisions; modifying provisions to
take, possess, and transport wildlife; modifying duties and authority; modifying
buffer requirements; modifying wetland replacement and evaluation requirements;
modifying permit and license requirements; modifying Petroleum Tank Release
Cleanup Act; establishing a water quality improvement goal; extending ban on
open air swine basins; modifying certain local authority; requiring agreements;
modifying environmental review; modifying appeal provisions; modifying
Environmental Quality Board; requiring reports; removing certain mandatory
rulemaking requirements; requiring rulemaking; amending Minnesota Statutes
2016, sections 84.01, by adding a subdivision; 84.027, subdivisions 14a, 14b, by
adding subdivisions; 84.788, subdivision 2; 84.793, subdivision 1; 84.8031; 84.82,
subdivision 2; 84.925, subdivision 1; 84.9256, subdivision 1; 84.946, subdivision
2, by adding a subdivision; 84.992, subdivisions 3, 4, 5, 6; 84D.03, subdivisions
3, 4; 84D.04, subdivision 1; 84D.05, subdivision 1; 84D.108, subdivision 2a, by
adding a subdivision; 84D.11, by adding a subdivision; 85.0505, by adding a
subdivision; 85.053, subdivisions 8, 10; 85.054, by adding a subdivision; 85.22,
subdivision 2a; 85.32, subdivision 1; 86B.301, subdivision 2; 86B.313, subdivision
1; 86B.511; 86B.701, subdivision 3; 88.523; 89.39; 90.01, subdivisions 8, 12, by
adding a subdivision; 90.041, subdivision 2; 90.051; 90.101, subdivision 2; 90.14;
90.145, subdivision 2; 90.151, subdivision 1; 90.162; 90.252; 93.25, subdivision
2; 93.47, subdivision 4; 93.50; 94.343, subdivision 9; 94.344, subdivision 9;
97A.015, subdivisions 39, 43, 45, 52, 53, by adding a subdivision; 97A.045,
subdivision 10; 97A.075, subdivision 1; 97B.001, by adding a subdivision; 97B.071;
97B.405; 97B.431; 97B.655, subdivision 1; 97C.315, subdivision 1; 97C.355,
subdivision 2a; 97C.401, subdivision 2; 97C.501, subdivision 1; 97C.515,
subdivision 2; 97C.701, by adding a subdivision; 103B.101, subdivision 12a;
103F.411, subdivision 1; 103F.48, subdivisions 1, 3, 7; 103G.005, subdivisions
10b, 10h, by adding a subdivision; 103G.222, subdivisions 1, 3; 103G.223;
103G.2242, subdivisions 1, 2; 103G.2372, subdivision 1; 103G.271, subdivisions
1, 6a, 7, by adding a subdivision; 103G.287, subdivisions 1, 4; 103G.289;
103G.411; 114D.25, by adding a subdivision; 115B.39, subdivision 2; 115B.40,
subdivision 4; 115C.021, subdivision 1, by adding a subdivision; 116.03,
subdivision 2b, by adding a subdivision; 116.07, subdivision 4d, by adding
subdivisions; 116.0714; 116C.03, subdivision 2; 116D.04, subdivisions 2a, 10;
116D.045, subdivision 1, by adding a subdivision; 160.06; 282.018, subdivision
1; 282.04, subdivision 1; Laws 2000, chapter 486, section 4, as amended; Laws
2013, chapter 114, article 4, section 105; Laws 2016, chapter 189, article 3, sections
3, subdivision 3; 6; 26; proposing coding for new law in Minnesota Statutes,
chapters 85; 97B; 103A; 115; 116; 471; repealing Minnesota Statutes 2016, sections
84.026, subdivision 3; 97C.701, subdivisions 1a, 6; 97C.705; 97C.711; Minnesota
Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; 6258.0600;
6258.0700, subparts 1, 4, 5; 6258.0800; 6258.0900.

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

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

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

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2018" and "2019" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are
effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2018 new text end		new text begin 2019 new text end

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

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

new text begin $ new text end

new text begin 90,108,000 new text end

new text begin $ new text end

new text begin 90,788,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 818,000 new text end	new text begin 818,000 new text end
new text begin State Government new text end	new text begin ....... new text end	new text begin ....... new text end
new text begin Special Revenue new text end	new text begin 75,000 new text end	new text begin 75,000 new text end
new text begin Environmental new text end	new text begin 78,781,000 new text end	new text begin 78,461,000 new text end
new text begin Remediation new text end	new text begin 11,434,000 new text end	new text begin 11,434,000 new text end

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

new text begin 11,619,000 new text end

new text begin 11,619,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 818,000 new text end	new text begin 818,000 new text end
new text begin Environmental new text end	new text begin 10,620,000 new text end	new text begin 10,620,000 new text end
new text begin Remediation new text end	new text begin 181,000 new text end	new text begin 181,000 new text end

new text begin (a) $88,000 the first year and $88,000 the
second year are from the environmental fund
for:
new text end

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

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

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

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

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

new text begin (c) $346,000 the first year and $346,000 the
second year are from the environmental fund
for monitoring ambient air for hazardous
pollutants.
new text end

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

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

new text begin (f) $913,000 the first year and $913,000 the
second year are from the environmental fund
to continue perfluorochemical biomonitoring
in eastern metropolitan communities, as
recommended by the Environmental Health
Tracking and Biomonitoring Advisory Panel,
and address other environmental health risks,
including air quality. The communities must
include Hmong and other immigrant farming
communities. Of this amount, up to $677,000
the first year and $677,000 the second year
are for transfer to the Department of Health.
new text end

new text begin (g) The direct appropriation base budget for
environmental analysis and outcomes in the
environmental fund for fiscal year 2020 and
later is $11,420,000. The general fund
appropriations in this subdivision are onetime.
new text end

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

new text begin 13,509,000 new text end

new text begin 13,508,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Environmental new text end	new text begin 12,979,000 new text end	new text begin 12,978,000 new text end
new text begin Remediation new text end	new text begin 530,000 new text end	new text begin 530,000 new text end

new text begin $530,000 the first year and $530,000 the
second year are from the remediation fund for
purposes of the leaking underground storage
tank program to investigate, clean up, and
prevent future releases from underground
petroleum storage tanks, and to the petroleum
remediation program for purposes of vapor
assessment and remediation. These same
annual amounts are transferred from the
petroleum tank fund to the remediation fund.
new text end

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

new text begin 6,625,000 new text end

new text begin 6,624,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Environmental new text end	new text begin 6,625,000 new text end	new text begin 6,624,000 new text end

new text begin (a) $162,000 the first year and $162,000 the
second year are from the environmental fund
for:
new text end

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

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

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

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

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

new text begin (c) $615,000 the first year and $614,000 the
second year are from the environmental fund
for subsurface sewage treatment system
(SSTS) program administration and
community technical assistance and education,
including grants and technical assistance to
communities for water quality protection. Of
this amount, $129,000 each year is for
assistance to counties through grants for SSTS
program administration. A county receiving
a grant from this appropriation shall submit
the results achieved with the grant to the
commissioner as part of its annual SSTS
report. Any unexpended balance in the first
year does not cancel but is available in the
second year.
new text end

new text begin (d) $639,000 the first year and $640,000 the
second year are from the environmental fund
to address the need for continued increased
activity in the areas of new technology review,
technical assistance for local governments,
and enforcement under Minnesota Statutes,
sections 115.55 to 115.58, and to complete the
requirements of Laws 2003, chapter 128,
article 1, section 165.
new text end

new text begin (e) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2019, as
grants or contracts for subsurface sewage
treatment systems, surface water and
groundwater assessments, storm water, and
water quality protection in this subdivision are
available until June 30, 2022.
new text end

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

new text begin 5,653,000 new text end

new text begin 5,654,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Environmental new text end	new text begin 4,889,000 new text end	new text begin 4,889,000 new text end
new text begin Remediation new text end	new text begin 764,000 new text end	new text begin 765,000 new text end

new text begin (a) $174,000 the first year and $174,000 the
second year are from the remediation fund for
purposes of the leaking underground storage
tank program to investigate, clean up, and
prevent future releases from underground
petroleum storage tanks, and to the petroleum
remediation program for purposes of vapor
assessment and remediation. These same
annual amounts are transferred from the
petroleum tank fund to the remediation fund.
new text end

new text begin (b) $1,014,000 the first year and $1,014,000
the second year are from the environmental
fund for Environmental Quality Board
operations and support, and to lead an
interagency team to provide technical
assistance regarding the mining, processing,
and transporting of silica sand.
new text end

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

new text begin 10,645,000 new text end

new text begin 10,644,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Environmental new text end	new text begin 904,000 new text end	new text begin 904,000 new text end
new text begin Remediation new text end	new text begin 9,741,000 new text end	new text begin 9,740,000 new text end

new text begin (a) All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise appropriated
is appropriated to the commissioners of the
Pollution Control Agency and agriculture for
purposes of Minnesota Statutes, section
115B.20, subdivision 2, clauses (1), (2), (3),
(6), and (7). At the beginning of each fiscal
year, the two commissioners shall jointly
submit an annual spending plan to the
commissioner of management and budget that
maximizes the utilization of resources and
appropriately allocates the money between the
two departments. This appropriation is
available until June 30, 2019.
new text end

new text begin (b) $432,000 the first year and $432,000 the
second year are from the environmental fund
to manage contaminated sediment projects at
multiple sites identified in the St. Louis River
remedial action plan to restore water quality
in the St. Louis River area of concern. The
base budget for fiscal year 2020 is $432,000
and for fiscal year 2021 is $0.
new text end

new text begin (c) $3,521,000 the first year and $3,520,000
the second year are from the remediation fund
for purposes of the leaking underground
storage tank program to investigate, clean up,
and prevent future releases from underground
petroleum storage tanks, and to the petroleum
remediation program for purposes of vapor
assessment and remediation. These same
annual amounts are transferred from the
petroleum tank fund to the remediation fund.
new text end

new text begin (d) $252,000 the first year and $252,000 the
second year are from the remediation fund for
transfer to the commissioner of health for
private water supply monitoring and health
assessment costs in areas contaminated by
unpermitted mixed municipal solid waste
disposal facilities and drinking water
advisories and public information activities
for areas contaminated by hazardous releases.
new text end

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

new text begin 33,537,000 new text end

new text begin 33,519,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin State Government new text end	new text begin ....... new text end	new text begin ....... new text end
new text begin Special Revenue new text end	new text begin 75,000 new text end	new text begin 75,000 new text end
new text begin Environmental new text end	new text begin 33,462,000 new text end	new text begin 33,444,000 new text end

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

new text begin (b) $400,000 the first year and $400,000 the
second year are from the environmental fund
for competitive recycling grants under
Minnesota Statutes, section 115A.565. This
appropriation is available until June 30, 2021.
Any unencumbered grant and loan balances
in the first year do not cancel but are available
for grants and loans in the second year. This
is a onetime appropriation.
new text end

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

new text begin (d) $17,750,000 the first year and $17,750,000
the second year are from the environmental
fund for SCORE block grants to counties.
new text end

new text begin (e) $119,000 the first year and $119,000 the
second year are from the environmental fund
for environmental assistance grants or loans
under Minnesota Statutes, section 115A.0716.
Any unencumbered grant and loan balances
in the first year do not cancel but are available
for grants and loans in the second year.
new text end

new text begin (f) $68,000 the first year and $69,000 the
second year are from the environmental fund
for subsurface sewage treatment system
(SSTS) program administration and
community technical assistance and education,
including grants and technical assistance to
communities for water quality protection.
new text end

new text begin (g) $125,000 the first year and $126,000 the
second year are from the environmental fund
to address the need for continued increased
activity in the areas of new technology review,
technical assistance for local governments,
and enforcement under Minnesota Statutes,
sections 115.55 to 115.58, and to complete the
requirements of Laws 2003, chapter 128,
article 1, section 165.
new text end

new text begin (h) $20,000 the first year is from the
environmental fund for four grants to local
units of government to assist with plastic bag
recycling efforts. Two of the grants must be
for local units of government in urban areas
and two of the grants to local units of
government in rural areas of the state. By
January 15, 2018, grantees shall report to the
commissioner on the activities and results of
their efforts to increase plastic bag recycling.
This is a onetime appropriation.
new text end

new text begin (i) All money deposited in the environmental
fund for the metropolitan solid waste landfill
fee in accordance with Minnesota Statutes,
section 473.843, and not otherwise
appropriated, is appropriated for the purposes
of Minnesota Statutes, section 473.844.
new text end

new text begin (j) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2019, as
contracts or grants for environmental
assistance awarded under Minnesota Statutes,
section 115A.0716; technical and research
assistance under Minnesota Statutes, section
115A.152; technical assistance under
Minnesota Statutes, section 115A.52; and
pollution prevention assistance under
Minnesota Statutes, section 115D.04, are
available until June 30, 2021.
new text end

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

new text begin 9,520,000 new text end

new text begin 9,220,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Environmental new text end	new text begin 9,302,000 new text end	new text begin 9,002,000 new text end
new text begin Remediation new text end	new text begin 218,000 new text end	new text begin 218,000 new text end

new text begin (a) $1,959,000 the first year and $1,959,000
the second year are from the environmental
fund for grants to delegated counties to
administer the county feedlot program under
Minnesota Statutes, section 116.0711,
subdivisions 2 and 3. Money remaining after
the first year is available for the second year.
new text end

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

new text begin (c) $118,000 the first year and $118,000 the
second year are from the remediation fund for
purposes of the leaking underground storage
tank program to investigate, clean up, and
prevent future releases from underground
petroleum storage tanks, and to the petroleum
remediation program for purposes of vapor
assessment and remediation. These same
annual amounts are transferred from the
petroleum tank fund to the remediation fund.
new text end

new text begin (d) $300,000 the first year is from the
environmental fund for a grant agreement with
the Shell Rock River Watershed District for
a pilot project to develop and implement a
model for a water-quality credit trading
program for storm water. The model must
include identifying and quantifying projects
in the Shell Rock River watershed completed
on or after July 1, 2013, and identifying
additional credit generators such as
landowners, livestock farmers, in-lake water
management practices, and stream restoration
projects. The program must include
credit-estimation methodologies and required
trade ratios, credit demand calculation
procedures, implementation recommendations,
and a transferable credit trading infrastructure.
The commissioner must convene a stakeholder
group to guide the project. By July 1, 2019,
the commissioner must provide a final report
to the chairs and ranking minority members
of the senate and house of representatives
committees with jurisdiction over
environmental and natural resources policy
and finance. This is a onetime appropriation
and is available until June 30, 2019.
new text end

new text begin Subd. 9. new text end new text begin Transfer to Remediation Fund new text end

new text begin The commissioner shall transfer up to
$34,000,000 from the environmental fund to
the remediation fund for the purposes of the
remediation fund under Minnesota Statutes,
section 116.155, subdivision 2.
new text end

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

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

new text begin $ new text end

new text begin 260,793,000 new text end

new text begin $ new text end

new text begin 255,943,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 74,453,000 new text end	new text begin 68,798,000 new text end
new text begin Natural Resources new text end	new text begin 87,248,000 new text end	new text begin 88,603,000 new text end
new text begin Game and Fish new text end	new text begin 98,292,000 new text end	new text begin 98,242,000 new text end
new text begin Remediation new text end	new text begin 100,000 new text end	new text begin 100,000 new text end
new text begin Permanent School new text end	new text begin 700,000 new text end	new text begin 200,000 new text end

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

new text begin Subd. 2. new text end new text begin Land and Mineral Resources Management new text end

new text begin 6,021,000 new text end

new text begin 5,521,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 1,585,000 new text end	new text begin 1,585,000 new text end
new text begin Natural Resources new text end	new text begin 3,392,000 new text end	new text begin 3,392,000 new text end
new text begin Game and Fish new text end	new text begin 344,000 new text end	new text begin 344,000 new text end
new text begin Permanent School new text end	new text begin 700,000 new text end	new text begin 200,000 new text end

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

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

new text begin (c) $700,000 the first year and $200,000 the
second year are from the state forest suspense
account in the permanent school fund to secure
maximum long-term economic return from
the school trust lands consistent with fiduciary
responsibilities and sound natural resources
conservation and management principles. Of
this amount, $500,000 in the first year is for
the school trust lands director to initiate the
private sale of surplus school trust lands
identified according to Minnesota Statutes,
section 92.82, paragraph (d), including but not
limited to valuation expenses, legal fees, and
transactional staff costs. This is a onetime
appropriation and is available until June 30,
2019.
new text end

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

new text begin 29,903,000 new text end

new text begin 25,503,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 14,446,000 new text end	new text begin 10,046,000 new text end
new text begin Natural Resources new text end	new text begin 10,576,000 new text end	new text begin 10,576,000 new text end
new text begin Game and Fish new text end	new text begin 4,881,000 new text end	new text begin 4,881,000 new text end

new text begin (a) $3,242,000 the first year and $3,242,000
the second year are from the invasive species
account in the natural resources fund and
$2,206,000 the first year and $2,206,000 the
second year are from the general fund for
management, public awareness, assessment
and monitoring research, and water access
inspection to prevent the spread of invasive
species; management of invasive plants in
public waters; and management of terrestrial
invasive species on state-administered lands.
new text end

new text begin (b) $5,000,000 the first year and $5,000,000
the second year are from the water
management account in the natural resources
fund for only the purposes specified in
Minnesota Statutes, section 103G.27,
subdivision 2.
new text end

new text begin (c) $124,000 the first year and $124,000 the
second year are for a grant to the Mississippi
Headwaters Board for up to 50 percent of the
cost of implementing the comprehensive plan
for the upper Mississippi within areas under
the board's jurisdiction.
new text end

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

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

new text begin (f) $2,018,000 the first year and $2,018,000
the second year are from the heritage
enhancement account in the game and fish
fund for only the purposes specified in
Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
new text end

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

new text begin (h) Notwithstanding Minnesota Statutes,
section 84.943, $13,000 the first year and
$13,000 the second year from the critical
habitat private sector matching account may
be used to publicize the critical habitat license
plate match program.
new text end

new text begin (i) $4,400,000 the first year and $2,000,000
the second year are from the general fund for
the following activities:
new text end

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

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

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

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

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

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

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

new text begin (j) $400,000 the first year and $400,000 the
second year are from the heritage enhancement
account in the game and fish fund for grants
to the Minnesota Aquatic Invasive Species
Research Center at the University of
Minnesota to prioritize, support, and develop
research-based solutions that can reduce the
effects of aquatic invasive species in
Minnesota by preventing spread, controlling
populations, and managing ecosystems and to
advance knowledge to inspire action by others.
new text end

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

new text begin 41,731,000 new text end

new text begin 42,031,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 28,100,000 new text end	new text begin 27,100,000 new text end
new text begin Natural Resources new text end	new text begin 12,344,000 new text end	new text begin 13,644,000 new text end
new text begin Game and Fish new text end	new text begin 1,287,000 new text end	new text begin 1,287,000 new text end

new text begin (a) $7,145,000 the first year and $7,145,000
the second year are for prevention,
presuppression, and suppression costs of
emergency firefighting and other costs
incurred under Minnesota Statutes, section
88.12. The amount necessary to pay for
presuppression and suppression costs during
the biennium is appropriated from the general
fund.
new text end

new text begin By January 15 of each year, the commissioner
of natural resources shall submit a report to
the chairs and ranking minority members of
the house and senate committees and divisions
having jurisdiction over environment and
natural resources finance, identifying all
firefighting costs incurred and reimbursements
received in the prior fiscal year. These
appropriations may not be transferred. Any
reimbursement of firefighting expenditures
made to the commissioner from any source
other than federal mobilizations shall be
deposited into the general fund.
new text end

new text begin (b) $12,144,000 the first year and $13,644,000
the second year are from the forest
management investment account in the natural
resources fund for only the purposes specified
in Minnesota Statutes, section 89.039,
subdivision 2. Of these amounts, $500,000 the
first year is for state forest road maintenance
and $1,000,000 the second year is for
reforestation.
new text end

new text begin (c) $1,287,000 the first year and $1,287,000
the second year are from the heritage
enhancement account in the game and fish
fund to advance ecological classification
systems (ECS) scientific management tools
for forest and invasive species management.
new text end

new text begin (d) $780,000 the first year and $780,000 the
second year are for the Forest Resources
Council for implementation of the Sustainable
Forest Resources Act.
new text end

new text begin (e) $200,000 the first year is from the forest
management investment account in the natural
resources fund for a study of the ability to
sustainably harvest at least 1,000,000 cords
of wood annually on state-administered forest
lands. No later than January 2, 2018, the
commissioner must report the study's findings
to the legislative committees with jurisdiction
over environment and natural resources policy
and finance. This is a onetime appropriation.
new text end

new text begin (f) The general fund base amount for this
subdivision for fiscal year 2020 and later is
$26,600,000 per year.
new text end

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

new text begin 75,850,000 new text end

new text begin 75,650,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 25,182,000 new text end	new text begin 24,927,000 new text end
new text begin Natural Resources new text end	new text begin 48,395,000 new text end	new text begin 48,450,000 new text end
new text begin Game and Fish new text end	new text begin 2,273,000 new text end	new text begin 2,273,000 new text end

new text begin (a) $13,650,000 the first year and $13,650,000
the second year are from the state parks
account for state park operations.
new text end

new text begin (b) $1,075,000 the first year and $1,075,000
the second year are from the water recreation
account in the natural resources fund for
enhancing public water access facilities.
new text end

new text begin (c) $5,740,000 the first year and $5,740,000
the second year are from the natural resources
fund for state trail, park, and recreation area
operations. This appropriation is from the
revenue deposited in the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (2).
new text end

new text begin (d) $1,005,000 the first year and $1,005,000
the second year are from the natural resources
fund for park and trail grants to local units of
government on land to be maintained for at
least 20 years for the purposes of the grants.
This appropriation is from the revenue
deposited in the natural resources fund under
Minnesota Statutes, section 297A.94,
paragraph (e), clause (4). Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

new text begin (e) $130,000 the first year is from the general
fund, and $8,294,000 the first year and
$8,424,000 the second year are from the
snowmobile trails and enforcement account
in the natural resources fund for the
snowmobile grants-in-aid program. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end

new text begin (f) $1,560,000 the first year and $1,685,000
the second year are from the natural resources
fund for the off-highway vehicle grants-in-aid
program. Of this amount, $1,085,000 the first
year and $1,210,000 the second year are from
the all-terrain vehicle account; $150,000 each
year is from the off-highway motorcycle
account; and $325,000 each year is from the
off-road vehicle account. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

new text begin (g) $125,000 the first year is from the general
fund for all terrain vehicle grants-in-aid
program. This is a onetime appropriation.
new text end

new text begin (h) $75,000 the first year and $75,000 the
second year are from the cross-country ski
account in the natural resources fund for
grooming and maintaining cross-country ski
trails in state parks, trails, and recreation areas.
new text end

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

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

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

new text begin (l) $50,000 the first year is from the all-terrain
vehicle account in the natural resources fund
for a grant to the city of Virginia to assist the
Virginia Area All-Terrain Vehicle Club to
plan, design, engineer, and permit a
comprehensive all-terrain vehicle system in
the Virginia area and to connect with the Iron
Range Off-Highway Vehicle Recreation Area.
This is a onetime appropriation and is
available until June 30, 2020.
new text end

new text begin (m) $150,000 the first year is from the
all-terrain vehicle account in the natural
resources fund for a grant to the city of Orr to
predesign, design, and construct the Voyageur
all-terrain vehicle trail system, including:
new text end

new text begin (1) design of the alignment for phase I of the
Voyageur all-terrain vehicle trail system and
development of a preliminary phase II
alignment;
new text end

new text begin (2) completion of wetland delineation and
wetland permitting;
new text end

new text begin (3) completion of the engineering design and
cost estimates for a snowmobile and
off-highway vehicle bridge over the Vermilion
River to establish a trail connection; and
new text end

new text begin (4) completion of the master plan for the
Voyageur all-terrain vehicle trail system.
new text end

new text begin This is a onetime appropriation and is
available until June 30, 2020.
new text end

new text begin (n) In fiscal year 2018 and fiscal year 2019,
the level of service and hours of operation at
Hills Annex Mine State Park must be
maintained at fiscal year 2016 levels.
new text end

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

new text begin 67,591,000 new text end

new text begin 67,541,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Natural Resources new text end	new text begin 1,912,000 new text end	new text begin 1,912,000 new text end
new text begin Game and Fish new text end	new text begin 65,679,000 new text end	new text begin 65,629,000 new text end

new text begin (a) $8,167,000 the first year and $8,167,000
the second year are from the heritage
enhancement account in the game and fish
fund only for activities specified in Minnesota
Statutes, section 297A.94, paragraph (e),
clause (1). Notwithstanding Minnesota
Statutes, section 297A.94, five percent of this
appropriation may be used for expanding
hunter and angler recruitment and retention.
new text end

new text begin (b) $20,000 the first year is from the heritage
enhancement account in the game and fish
fund for a study on the effects of lead shot on
wildlife on state lands. By January 15, 2018,
the commissioner shall provide a report of the
study to the chairs and ranking minority
members of the legislative committees with
jurisdiction over natural resources policy and
finance. This is a onetime appropriation.
new text end

new text begin (c) $30,000 the first year is from the heritage
enhancement account in the game and fish
fund for the commissioner of natural resources
to contract with a private entity to search for
a site to construct a world-class shooting range
and club house for use by the Minnesota State
High School League and for other regional,
statewide, national, and international shooting
events. The commissioner must provide public
notice of the search, including making the
public aware of the process through the
Department of Natural Resources' media
outlets, and solicit input on the location and
building options for the facility. The siting
search process must include a public process
to determine if any business or individual is
interested in donating land for the facility,
anticipated to be at least 500 acres. The site
search team must meet with interested third
parties affected by or interested in the facility.
The commissioner must submit a report with
the results of the site search to the chairs and
ranking minority members of the legislative
committees and divisions with jurisdiction
over the environment and natural resources
by March 1, 2018. This is a onetime
appropriation.
new text end

new text begin (d) $10,000 the first year and $10,000 the
second year from the heritage enhancement
account in the game and fish fund are for
grants to Midwest Hmong Outdoors for hunter
and angler recruitment. This is a onetime
appropriation.
new text end

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

new text begin 39,377,000 new text end

new text begin 39,377,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 5,140,000 new text end	new text begin 5,140,000 new text end
new text begin Natural Resources new text end	new text begin 10,309,000 new text end	new text begin 10,309,000 new text end
new text begin Game and Fish new text end	new text begin 23,828,000 new text end	new text begin 23,828,000 new text end
new text begin Remediation new text end	new text begin 100,000 new text end	new text begin 100,000 new text end

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

new text begin (b) $1,580,000 the first year and $1,580,000
the second year are from the heritage
enhancement account in the game and fish
fund for only the purposes specified in
Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
new text end

new text begin (c) $1,082,000 the first year and $1,082,000
the second year are from the water recreation
account in the natural resources fund for grants
to counties for boat and water safety. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end

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

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

new text begin (f) $510,000 the first year and $510,000 the
second year are from the natural resources
fund for grants to county law enforcement
agencies for off-highway vehicle enforcement
and public education activities based on
off-highway vehicle use in the county. Of this
amount, $498,000 each year is from the
all-terrain vehicle account; $11,000 each year
is from the off-highway motorcycle account;
and $1,000 each year is from the off-road
vehicle account. The county enforcement
agencies may use money received under this
appropriation to make grants to other local
enforcement agencies within the county that
have a high concentration of off-highway
vehicle use. Of this appropriation, $25,000
each year is for administration of these grants.
Any unencumbered balance does not cancel
at the end of the first year and is available for
the second year.
new text end

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

new text begin 320,000 new text end

new text begin 320,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Natural Resources new text end	new text begin 320,000 new text end	new text begin 320,000 new text end

new text begin $320,000 the first year and $320,000 the
second year are from the natural resources
fund for grants to be divided equally between
the city of St. Paul for the Como Park Zoo and
Conservatory and the city of Duluth for the
Duluth Zoo. This appropriation is from the
revenue deposited to the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).
new text end

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

new text begin $ new text end

new text begin 13,404,000 new text end

new text begin $ new text end

new text begin 13,404,000 new text end

new text begin (a) $3,423,000 the first year and $3,423,000
the second year are for natural resources block
grants to local governments. Grants must be
matched with a combination of local cash or
in-kind contributions. The base grant portion
related to water planning must be matched by
an amount as specified by Minnesota Statutes,
section 103B.3369. The board may reduce the
amount of the natural resources block grant
to a county by an amount equal to any
reduction in the county's general services
allocation to a soil and water conservation
district from the county's previous year
allocation when the board determines that the
reduction was disproportionate. The base
amount for fiscal year 2020 and later is
$3,223,000 per year.
new text end

new text begin (b) $3,116,000 the first year and $3,116,000
the second year are for grants to soil and water
conservation districts for general purposes,
nonpoint engineering, and implementation and
stewardship of the reinvest in Minnesota
reserve program. Expenditures may be made
from these appropriations for supplies and
services benefiting soil and water conservation
districts. Any district receiving a payment
under this paragraph shall maintain a Web
page that publishes, at a minimum, its annual
report, annual audit, annual budget, and
meeting notices.
new text end

new text begin (c) $260,000 the first year and $260,000 the
second year are for feedlot water quality cost
share grants for feedlots under 300 animal
units and nutrient and manure management
projects in watersheds where there are
impaired waters.
new text end

new text begin (d) $1,200,000 the first year and $1,200,000
the second year are for soil and water
conservation district cost-sharing contracts for
perennially vegetated riparian buffers, erosion
control, water retention and treatment, and
other high-priority conservation practices.
new text end

new text begin (e) $100,000 the first year is for county
cooperative weed management cost-share
programs and to restore native plants in
selected invasive species management sites.
The base amount for fiscal year 2020 and later
is $62,000 per year.
new text end

new text begin (f) $166,000 the first year and $166,000 the
second year are to provide technical assistance
to local drainage management officials and
for the costs of the Drainage Work Group.
This is a onetime appropriation.
new text end

new text begin (g) $100,000 the first year and $100,000 the
second year are for a grant to the Red River
Basin Commission for water quality and
floodplain management, including
administration of programs. This appropriation
must be matched by nonstate funds. If the
appropriation in either year is insufficient, the
appropriation in the other year is available for
it.
new text end

new text begin (h) $140,000 the first year and $140,000 the
second year are for grants to Area II
Minnesota River Basin Projects for floodplain
management.
new text end

new text begin (i) $761,000 the first year and $761,000 the
second year are for implementation,
enforcement, and oversight of the Wetland
Conservation Act, including administration of
the wetland banking program and in-lieu fee
mechanism. The base amount for fiscal year
2020 and later is $500,000 per year.
new text end

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

new text begin (k) $3,898,000 the first year and $3,898,000
the second year are for Board of Water and
Soil Resources agency administration and
operations. The base amount for fiscal year
2020 and later is $3,684,000 per year.
new text end

new text begin (l) Notwithstanding Minnesota Statutes,
section 103C.501, the board may shift
cost-share funds in this section and may adjust
the technical and administrative assistance
portion of the grant funds to leverage federal
or other nonstate funds or to address
high-priority needs identified in local water
management plans or comprehensive water
management plans.
new text end

new text begin (m) The appropriations for grants in this
section are available until June 30, 2021. If an
appropriation for grants in either year is
insufficient, the appropriation in the other year
is available for it.
new text end

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

new text begin $ new text end

new text begin 8,540,000 new text end

new text begin $ new text end

new text begin 8,540,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 2,540,000 new text end	new text begin 2,540,000 new text end
new text begin Natural Resources new text end	new text begin 6,000,000 new text end	new text begin 6,000,000 new text end

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

new text begin (b) $6,000,000 the first year and $6,000,000
the second year are from the natural resources
fund for metropolitan area regional parks and
trails maintenance and operations. This
appropriation is from the revenue deposited
in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e),
clause (3).
new text end

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

new text begin $ new text end

new text begin 945,000 new text end

new text begin $ new text end

new text begin 945,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 455,000 new text end	new text begin 455,000 new text end
new text begin Natural Resources new text end	new text begin 490,000 new text end	new text begin 490,000 new text end

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

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

new text begin $ new text end

new text begin 8,410,000 new text end

new text begin $ new text end

new text begin 8,410,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 8,250,000 new text end	new text begin 8,250,000 new text end
new text begin Natural Resources new text end	new text begin 160,000 new text end	new text begin 160,000 new text end

new text begin $160,000 the first year and $160,000 the
second year are from the natural resources
fund from the revenue deposited under
Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).
new text end

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

new text begin $ new text end

new text begin 1,079,000 new text end

new text begin $ new text end

new text begin 1,079,000 new text end

Sec. 9. new text begin EXPLORE MINNESOTA TOURISM new text end

new text begin $ new text end

new text begin 14,248,000 new text end

new text begin $ new text end

new text begin 14,248,000 new text end

new text begin (a) To develop maximum private sector
involvement in tourism, $500,000 the first
year and $500,000 the second year must be
matched by Explore Minnesota Tourism from
nonstate sources. Each $1 of state incentive
must be matched with $6 of private sector
funding. Cash match is defined as revenue to
the state or documented cash expenditures
directly expended to support Explore
Minnesota Tourism programs. Up to one-half
of the private sector contribution may be
in-kind or soft match. The incentive in fiscal
year 2018 shall be based on fiscal year 2017
private sector contributions. The incentive in
fiscal year 2019 shall be based on fiscal year
2018 private sector contributions. This
incentive is ongoing.
new text end

new text begin (b) Funding for the marketing grants is
available either year of the biennium.
Unexpended grant funds from the first year
are available in the second year.
new text end

new text begin (c) $100,000 each year is for a grant to the
Northern Lights International Music Festival.
new text end

new text begin (d) $600,000 the first year is for the major
events grant program. This appropriation is
available until June 30, 2021.
new text end

Sec. 10. new text begin ADMINISTRATION new text end

new text begin $ new text end

new text begin 300,000 new text end

new text begin $ new text end

new text begin 300,000 new text end

new text begin $300,000 the first year and $300,000 the
second year are from the state forest suspense
account in the permanent school fund for the
school trust lands director to accelerate land
exchanges, land sales, and commercial leasing
of school trust lands and to identify, evaluate,
and lease construction aggregate located on
school trust lands. This appropriation is to be
used for securing long-term economic return
from the school trust lands consistent with
fiduciary responsibilities and sound natural
resources conservation and management
principles.
new text end

Sec. 11.

Laws 2016, chapter 189, article 3, section 3, subdivision 3, is amended to read:

Subd. 3. Ecological and Water Resources

-0-

612,000

$187,000 the second year is for a grant to the
Middle-Snake-Tamarac Rivers Watershed
District to match equal funds from the North
Dakota State Water Commission and North
Dakota water boards to conduct hydraulic
modeling of alternative floodway options for
the reach including and upstream and
downstream of the Minnesota and North
Dakota agricultural levies in the vicinity of
Oslo, Minnesota. The modeling must include
evaluating removal of floodway flow
obstructions, channel obstructions,
transportation access, and equalization of
agricultural levy protection. The project must
be conducted in partnership with the border
township association group representing four
Minnesota townships and the city of Oslo and
the three adjacent townships in North Dakota.
This is a onetime appropriation and is
available until June 30, 2018.

$200,000 the second year is for a grant to the
Koronis Lake Association for purposes of
removing and preventing aquatic invasive
species. This is a onetime appropriation. new text begin This
appropriation is available until June 30, 2022.
new text end

$225,000 the second year is from the water
management account in the natural resources
fund for water appropriation monitoring,
modeling, and reporting for the Cold Spring
Creek area as required under this act. This is
a onetime appropriation and is available until
June 30, 2022.

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Laws 2016, chapter 189, article 3, section 6, is amended to read:

Sec. 6. ADMINISTRATION

$

250,000

$

-0-

$250,000 the first year is from the state forest
suspense account in the permanent school fund
for the school trust lands director to initiate
real estate development projects on school
trust lands as determined by the school trust
lands director. This is a onetime appropriation new text begin
and is available until June 30, 2019 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

ARTICLE 2

STATUTORY PROVISIONS

Section 1.

Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Legal counsel. new text end

new text begin The commissioner may appoint attorneys or outside counsel to
render title opinions, represent the department in severed mineral interest forfeiture actions
brought pursuant to section 93.55, and, notwithstanding any statute to the contrary, represent
the state in quiet title or title registration actions affecting land or interests in land
administered by the commissioner of natural resources.
new text end

Sec. 2.

Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to
read:

new text begin Subd. 14c. new text end

new text begin Operating efficiency. new text end

new text begin (a) The natural resources enforcement account is
created in the special revenue fund. Money appropriated from the natural resources fund to
the commissioner for enforcement activities under sections 84.794, 84.803, 84.927, 84D.15,
85.055, 86B.706, and 297A.94 may be transferred to this account.
new text end

new text begin (b) This subdivision does not apply to money appropriated for local law enforcement
grants, county boat and water safety grants, and safety and environmental education and
monitoring grants.
new text end

Sec. 3.

Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read:

Subd. 2.

Exemptions.

Registration is not required for off-highway motorcycles:

(1) owned and used by the United States, an Indian tribal government, the state, another
state, or a political subdivision;

(2) registered in another state or country that have not been within this state for more
than 30 consecutive days;

(3) registered under chapter 168, when operated on forest roads to gain access to a state
forest campground;

(4) used exclusively in organized track racing events;

(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident
off-highway motorcycle state trail pass; deleted text begin or
deleted text end

(6) operated by a person participating in an event for which the commissioner has issued
a special use permit new text begin ; or
new text end

new text begin (7) operated on boundary trails and registered in another state or country providing equal
reciprocal registration or licensing exemptions for registrants of this state new text end .

Sec. 4.

Minnesota Statutes 2016, section 84.793, subdivision 1, is amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a) A person new text begin six years or older but
new text end less than 16 years of age operating an off-highway motorcycle on public lands or waters
must possess a valid off-highway motorcycle safety certificate issued by the commissioner.

(b) Except for operation on public road rights-of-way that is permitted under section
84.795, subdivision 1, a driver's license issued by the state or another state is required to
operate an off-highway motorcycle along or on a public road right-of-way.

(c) A person under 12 years of age may not:

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

(2) operate an off-highway motorcycle on a public road right-of-way in the state; or

(3) operate an off-highway motorcycle on public lands or waters unless accompanied
by a person 18 years of age or older or participating in an event for which the commissioner
has issued a special use permit.

(d) Except for public road rights-of-way of interstate highways, a person less than 16
years of age may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway only if that person is accompanied by a person 18 years of age
or older who holds a valid driver's license.

(e) A person less than 16 years of age may operate an off-highway motorcycle on public
road rights-of-way in accordance with section 84.795, subdivision 1, paragraph (a), only if
that person is accompanied by a person 18 years of age or older who holds a valid driver's
license.

(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may operate
an off-highway motorcycle on public lands or waters if the nonresident youth has in
possession evidence of completing an off-road safety course offered by the Motorcycle
Safety Foundation or another state as provided in section 84.791, subdivision 4.

Sec. 5.

Minnesota Statutes 2016, section 84.8031, is amended to read:

84.8031 GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.

The commissioner must review an off-road vehicle grant-in-aid application and, if
approved, deleted text begin commence deleted text end new text begin begin new text end public review of the application within 60 days after the
completed application has been locally approved and submitted to an area parks and trails
office. If the commissioner fails to approve or deny the application within 60 days after
submission, the application is deemed approved and the commissioner must provide for a
30-day public review period. new text begin If the commissioner denies an application, the commissioner
must provide the applicant with a written explanation for denying the application at the time
the applicant is notified of the denial.
new text end

Sec. 6.

Minnesota Statutes 2016, section 84.82, subdivision 2, is amended to read:

Subd. 2.

Application, issuance, issuing fee.

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

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

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

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

(e) deleted text begin A fee of $2 deleted text end In addition to deleted text begin that otherwise deleted text end new text begin other fees new text end prescribed by law deleted text begin shall be charged
for deleted text end new text begin , an issuing fee of $4.50 is charged for each snowmobile registration renewal, duplicate
or replacement registration card, and replacement decal and an issuing fee of $7 is charged
for each snowmobile registration and registration transfer issued by new text end :

(1) deleted text begin each snowmobile registered by the deleted text end new text begin a new text end registrar or a deputy registrar and deleted text begin the additional
fee shall be disposed of deleted text end new text begin must be deposited new text end in the manner provided in section 168.33,
subdivision 2; or

(2) deleted text begin each snowmobile registered by deleted text end the commissioner and deleted text begin the additional fee shall deleted text end new text begin must new text end
be deposited in the state treasury and credited to the snowmobile trails and enforcement
account in the natural resources fund.

Sec. 7.

Minnesota Statutes 2016, section 84.925, subdivision 1, is amended to read:

Subdivision 1.

Program established.

(a) The commissioner shall establish a
comprehensive all-terrain vehicle environmental and safety education and training program,
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 course new text begin . A parent or
guardian must be present at the hands-on training portion of the program for youth who are
six through ten years of age new text end .

(b) 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 training. 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.

(c) 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 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 training
program subject matter and performance testing that leads to the certification of vehicle
operators. The commissioner shall incorporate a riding component in the safety education
and training program.

Sec. 8.

Minnesota Statutes 2016, 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 begin 11 deleted text end new text begin six new 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 90cc 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
the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain
vehicle.

(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. 9.

Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read:

Subd. 2.

Standards.

(a) An appropriation for asset preservation may be used only for a
capital expenditure on a capital asset previously owned by the state, within the meaning of
generally accepted accounting principles as applied to public expenditures. The commissioner
of natural resources will consult with the commissioner of management and budget to the
extent necessary to ensure this and will furnish the commissioner of management and budget
a list of projects to be financed from the account in order of their priority. The legislature
assumes that many projects for preservation and replacement of portions of existing capital
assets will constitute betterments and capital improvements within the meaning of the
Constitution and capital expenditures under generally accepted accounting principles, and
will be financed more efficiently and economically under this section than by direct
appropriations for specific projects.

(b) An appropriation for asset preservation must not be used to acquire land or to acquire
or construct buildings or other facilities.

(c) Capital budget expenditures for natural resource asset preservation and replacement
projects must be for one or more of the following types of capital projects that support the
existing programmatic mission of the department: code compliance including health and
safety, Americans with Disabilities Act requirements, hazardous material abatement, access
improvement, or air quality improvement; building energy efficiency improvements using
current best practices; building or infrastructure repairs necessary to preserve the interior
and exterior of existing buildings; new text begin projects to remove life safety hazards such as building
code violations or structural defects; new text end or renovation of other existing improvements to land,
including but not limited to trails and bridges.

(d) Up to ten percent of an appropriation awarded under this section may be used for
design costs for projects eligible to be funded from this account in anticipation of future
funding from the account.

Sec. 10.

Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Priorities; report. new text end

new text begin The commissioner of natural resources must establish
priorities for natural resource asset preservation and replacement projects. By January 15
each year, the commissioner must submit to the commissioner of management and budget
a list of the projects that have been paid for with money from a natural resource asset
preservation and replacement appropriation during the preceding calendar year.
new text end

Sec. 11.

Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read:

Subd. 3.

Training and mentoring.

The commissioner must develop and implement a
training program that adequately prepares Minnesota Naturalist Corps members for the
tasks assigned. Each corps member deleted text begin shall be deleted text end new text begin is new text end assigned deleted text begin a state park deleted text end new text begin an interpretive new text end naturalist
as a mentor.

Sec. 12.

Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read:

Subd. 4.

Uniform deleted text begin patch deleted text end new text begin pin new text end .

Uniforms worn by members of the Minnesota Naturalist
Corps must have a deleted text begin patch deleted text end new text begin pin new text end that includes the name of the Minnesota Naturalist Corps and
information that the program is funded by the clean water, land, and legacy amendment to
the Minnesota Constitution adopted by the voters in November 2008.

Sec. 13.

Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read:

Subd. 5.

Eligibility.

A person is eligible to enroll in the Minnesota Naturalist Corps if
the person:

(1) is a permanent resident of the state;

(2) is a participant in an approved college internship program deleted text begin or has a postsecondary
degree deleted text end in a new text begin field related to new text end natural deleted text begin resource deleted text end new text begin resources, cultural history, interpretation, new text end or
conservation deleted text begin related field deleted text end ; and

(3) has completed at least one year of postsecondary education.

Sec. 14.

Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read:

Subd. 6.

Corps member status.

Minnesota Naturalist Corps members are not eligible
for unemployment benefits deleted text begin if their services are excluded under section 268.035, subdivision
20, deleted text end and are not eligible for other benefits except workers' compensation. The corps members
are not employees of the state within the meaning of section 43A.02, subdivision 21.

Sec. 15.

Minnesota Statutes 2016, 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),
(c), or (d), 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) In 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, the harvest of 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:

(1) nontarget species must immediately be returned to the water;

(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;

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

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

This paragraph expires December 1, 2017.

(e) 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.

new text begin (f) 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 end

Sec. 16.

Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read:

Subd. 4.

Commercial fishing and turtle, frog, and crayfish harvesting restrictions
in infested and noninfested waters.

(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, or certifiable diseases, as defined
in section 17.4982, deleted text begin may not be used in any other waters. If a commercial licensee operates
in an infested water listed because it contains invasive fish, invertebrates, or certifiable
diseases, as defined in section 17.4982, all nets, traps, buoys, anchors, stakes, and lines used
for commercial fishing or turtle, frog, or crayfish harvesting in waters listed as infested with
invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, deleted text end must be
tagged with tags provided by the commissioner, as specified in the commercial licensee's
license or permit. new text begin Tagged gear must not be used in any water bodies other than those specified
in the license or permit. The permit may authorize department staff to remove tags after the
gear is decontaminated. 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. 17.

Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read:

Subdivision 1.

Classes.

The commissioner shall, as provided in this chapter, classify
nonnative species of aquatic plants and wild animals new text begin , including subspecies, genotypes,
cultivars, hybrids, or genera of nonnative species, new text end according to the following categories:

(1) prohibited invasive species, which may not be possessed, imported, purchased, sold,
propagated, transported, or introduced except as provided in section 84D.05;

(2) regulated invasive species, which may not be introduced except as provided in section
84D.07;

(3) unlisted nonnative species, which are subject to the classification procedure in section
84D.06; and

(4) unregulated nonnative species, which are not subject to regulation under this chapter.

Sec. 18.

Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read:

Subdivision 1.

Prohibited activities.

A person may not possess, import, purchase, sell,
propagate, transport, or introduce a prohibited invasive species, except:

(1) under a permit issued by the commissioner under section 84D.11;

(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;

(3) under a restricted species permit issued under section 17.457;

(4) when being transported to the department, or another destination as the commissioner
may direct, in a sealed container for purposes of identifying the species or reporting the
presence of the species;

(5) when being transported for disposal as part of a harvest or control activity when
specifically authorized under a permit issued by the commissioner according to section
103G.615, when being transported for disposal as specified under a commercial fishing
license issued by the commissioner according to section 97A.418, 97C.801, 97C.811,
97C.825, 97C.831, or 97C.835, or when being transported as specified by the commissioner;

(6) when being removed from watercraft and equipment, or caught while angling, and
immediately returned to the water from which they came; deleted text begin or
deleted text end

new text begin (7) when being transported from riparian property to a legal disposal site that is at least
100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited
invasive species are in a covered commercial vehicle specifically designed and used for
hauling trash; or
new text end

deleted text begin (7) deleted text end new text begin (8) new text end as the commissioner may otherwise prescribe by rule.

Sec. 19.

Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read:

Subd. 2a.

Lake Minnetonka pilot study.

(a) The commissioner may issue an additional
permit to service providers to return to Lake Minnetonka water-related equipment with
zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired.
The permit must include verification and documentation requirements and any other
conditions the commissioner deems necessary.

(b) Water-related equipment with zebra mussels attached may be returned only to Lake
Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted
under subdivision 1.

(c) The service provider's place of business must be within the Lake Minnetonka
Conservation District as established according to sections 103B.601 to 103B.645 new text begin , or within
a municipality immediately bordering the Lake Minnetonka Conservation District's
boundaries new text end .

(d) A service provider applying for a permit under this subdivision must, if approved
for a permit and before the permit is valid, furnish a corporate surety bond in favor of the
state for $50,000 payable upon violation of this chapter new text begin while the service provider is acting
under a permit issued according to this subdivision new text end .

(e) This subdivision expires December 1, deleted text begin 2018 deleted text end new text begin 2019 new text end .

Sec. 20.

Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Gull Lake pilot study. new text end

new text begin (a) The commissioner may include an additional
targeted pilot study to include water-related equipment with zebra mussels attached for the
Gull Narrows State Water Access Site, Government Point State Water Access Site, and
Gull East State Water Access Site on Gull Lake (DNR Division of Waters number 11-0305)
in Cass and Crow Wing Counties utilizing the same authorities, general procedures, and
requirements provided for the Lake Minnetonka pilot project in section 84D.108, subdivision
2a. Lake service providers participating in the Gull Lake targeted pilot study place of business
must be located within Cass or Crow Wing County.
new text end

new text begin (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, shall also include the Gull Lake targeted pilot study
recommendations and assessments.
new text end

new text begin (c) This subdivision expires December 1, 2019.
new text end

Sec. 21.

Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Permit for invasive carp. new text end

new text begin The commissioner may issue a permit to
departmental divisions for tagging bighead, black, grass, or silver carp for research or
control. Under the permit, the carp may be released into the water body from which the carp
was captured. This subdivision expires December 31, 2021.
new text end

Sec. 22.

Minnesota Statutes 2016, section 85.0505, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Fort Ridgely State Park. new text end

new text begin Liquor may be sold and consumed by the drink on
the golf course in Fort Ridgely State Park, subject to other laws relating to the sale of
intoxicating liquor when the golf course is operated by a nonstate entity.
new text end

Sec. 23.

new text begin [85.0507] FORT RIDGELY GOLF COURSE; GOLF CARTS.
new text end

new text begin Golf carts may be operated on the golf course portion of Fort Ridgely State Park when
the golf course is operated by a nonstate entity.
new text end

Sec. 24.

Minnesota Statutes 2016, section 85.053, subdivision 8, is amended to read:

Subd. 8.

new text begin Free permit; new text end military personnel deleted text begin ; exemption deleted text end .

(a) deleted text begin A one-day permit, deleted text end new text begin Annual
permits new text end under subdivision deleted text begin 4, shall deleted text end new text begin 1 must new text end be issued without a fee deleted text begin for a motor vehicle being
used by a person who is serving in deleted text end new text begin to new text end active military deleted text begin service deleted text end new text begin personnel new text end in any branch or unit
of the United States armed forces deleted text begin and who is stationed outside Minnesota, during the period
of active service and for 90 days immediately thereafter, if the deleted text end new text begin or their dependents and to
recipients of a Purple Heart medal. To qualify for a free permit under this subdivision, a new text end
person deleted text begin presents the person's current military orders deleted text end new text begin must present qualifying military
identification or an annual pass for the United States military issued through the National
Parks and Federal Recreational Lands Pass program new text end to the park attendant on duty or other
designee of the commissioner.

(b) For purposes of this deleted text begin section, "active service" has the meaning given under section
190.05, subdivision 5c, when performed outside Minnesota deleted text end new text begin subdivision, the commissioner
shall establish what constitutes qualifying military identification in the State Register new text end .

(c) deleted text begin A permit is not required for a motor vehicle being used by military personnel or their
dependents who have in their possession the annual pass for United States military and their
dependents issued by the federal government for access to federal recreation sites deleted text end new text begin For
vehicles permitted under paragraph (a), the permit or decal issued under this subdivision is
valid only when displayed on a vehicle owned and occupied by the person to whom the
permit is issued new text end .

new text begin (d) The commissioner may issue a daily vehicle permit free of charge to an individual
who qualifies under paragraph (a) and does not own or operate a motor vehicle.
new text end

Sec. 25.

Minnesota Statutes 2016, section 85.053, subdivision 10, is amended to read:

Subd. 10.

Free deleted text begin entrance deleted text end new text begin permit new text end ; disabled veterans.

new text begin (a) new text end The commissioner shall issue
an annual park permit for no charge to any veteran deleted text begin with a total and permanent
service-connected disability, and a daily park permit to any resident veteran deleted text end with any level
of service-connected disability, as determined by the United States Department of Veterans
Affairs, who presents each year a copy of the veteran's determination letter new text begin or other official
form of validation issued by the United States Department of Veterans Affairs or the United
States Department of Defense new text end to a park attendant or commissioner's designee. For the
purposes of this deleted text begin section deleted text end new text begin subdivision new text end , "veteran" has the meaning given in section 197.447.

new text begin (b) For vehicles permitted under paragraph (a), the permit or decal issued under this
subdivision is valid only when displayed on a vehicle owned and occupied by the person
to whom the permit is issued.
new text end

new text begin (c) The commissioner may issue a daily vehicle permit free of charge to an individual
who qualifies under paragraph (a) and does not own or operate a motor vehicle.
new text end

Sec. 26.

Minnesota Statutes 2016, section 85.054, is amended by adding a subdivision to
read:

new text begin Subd. 19. new text end

new text begin Fort Ridgely golf course. new text end

new text begin A state park permit is not required and a fee may
not be charged for motor vehicle entry or parking for persons using only the golf course
portion of Fort Ridgely State Park when the golf course is operated by a nonstate entity.
new text end

Sec. 27.

Minnesota Statutes 2016, section 85.22, subdivision 2a, is amended to read:

Subd. 2a.

Receipts, appropriation.

All receipts derived from the rental or sale of state
park items, tours deleted text begin at Forestville Mystery Cave State Park deleted text end , new text begin interpretation programs, educational
programs, new text end and operation of Douglas Lodge shall be deposited in the state treasury and be
credited to the state parks working capital account. Receipts and expenses from Douglas
Lodge shall be tracked separately within the account. Money in the account is annually
appropriated for the purchase and payment of expenses attributable to items for resale or
rental and operation of Douglas Lodge. Any excess receipts in this account are annually
appropriated for state park management and interpretive programs.

Sec. 28.

Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Areas marked deleted text end new text begin Designation new text end .

The commissioner of natural resources is
authorized in cooperation with local units of government and private individuals and groups
when feasible to deleted text begin mark deleted text end new text begin manage new text end state water trails on new text begin the Lake Superior water trail under
section 85.0155 and on new text end the new text begin following rivers, which have historic, recreational, and scenic
values: new text end Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon,
Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro,
Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa
from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River
of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock, deleted text begin and deleted text end new text begin Vermilion in
St. Louis County, North Fork of the Crow, and South Fork of the new text end Crow deleted text begin Rivers, which have
historic and scenic values, and to mark appropriately deleted text end new text begin . The commissioner may map and sign new text end
points of interest, new text begin public water access sites, new text end portages, camp sites, and deleted text begin all deleted text end dams, rapids,
waterfalls, deleted text begin whirlpools, deleted text end and other serious hazards that are dangerous to canoe, kayak, and
watercraft travelers. new text begin The commissioner may maintain passageway for watercraft on state
water trails.
new text end

Sec. 29.

new text begin [85.47] SPECIAL USE PERMITS; FEES.
new text end

new text begin Fees collected for special use permits to use state trails not on state forest, state park, or
state recreation area lands and for use of state water access sites must be deposited in the
natural resources fund.
new text end

Sec. 30.

Minnesota Statutes 2016, section 86B.301, subdivision 2, is amended to read:

Subd. 2.

Exemptions.

A watercraft license is not required for:

(1) a watercraft that is covered by a license or number in full force and effect under
federal law or a federally approved licensing or numbering system of another state, new text begin or a
watercraft that is owned by a person from another state and that state does not require
licensing that type of watercraft, new text end and new text begin the watercraft new text end has not been within this state for more
than 90 consecutive days, which does not include days that a watercraft is laid up at dock
over winter or for repairs at a Lake Superior port or another port in the state;

(2) a watercraft from a country other than the United States that has not been within this
state for more than 90 consecutive days, which does not include days that a watercraft is
laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;

(3) a watercraft owned by the United States, an Indian tribal government, a state, or a
political subdivision of a state, except watercraft used for recreational purposes;

(4) a ship's lifeboat;

(5) a watercraft that has been issued a valid marine document by the United States
government;

(6) a waterfowl boat during waterfowl-hunting season;

(7) a rice boat during the harvest season;

(8) a seaplane;

(9) a nonmotorized watercraft ten feet in length or less; and

(10) a watercraft that is covered by a valid license or number issued by a federally
recognized Indian tribe in the state under a federally approved licensing or numbering system
and that is owned by a member of that tribe.

Sec. 31.

Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

(a) In addition to requirements of other laws
relating to watercraft, a person may not operate or permit the operation of a personal
watercraft:

(1) without each person on board the personal watercraft wearing a deleted text begin United States Coast
Guard (USCG) approved deleted text end wearable personal flotation device deleted text begin with a deleted text end new text begin that is approved by the
United States Coast Guard (USCG) and has a new text end USCG label indicating deleted text begin it deleted text end new text begin the flotation device new text end
either is approved for or does not prohibit use with personal watercraft deleted text begin or water skiing deleted text end ;

(2) between one hour before sunset and 9:30 a.m.;

(3) at greater than slow-no wake speed within 150 feet of:

(i) a shoreline;

(ii) a dock;

(iii) a swimmer;

(iv) a raft used for swimming or diving; or

(v) a moored, anchored, or nonmotorized watercraft;

(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other
device unless:

(i) an observer is on board; or

(ii) the personal watercraft is equipped with factory-installed or factory-specified
accessory mirrors that give the operator a wide field of vision to the rear;

(5) without the lanyard-type engine cutoff switch being attached to the person, clothing,
or personal flotation device of the operator, if the personal watercraft is equipped by the
manufacturer with such a device;

(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or
tampered with so as to interfere with the return-to-idle system;

(7) to chase or harass wildlife;

(8) through emergent or floating vegetation at other than a slow-no wake speed;

(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property,
including weaving through congested watercraft traffic, jumping the wake of another
watercraft within 150 feet of the other watercraft, or operating the watercraft while facing
backwards;

(10) in any other manner that is not reasonable and prudent; or

(11) without a personal watercraft rules decal, issued by the commissioner, attached to
the personal watercraft so as to be in full view of the operator.

(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft
to launch or land a person on water skis, a kneeboard, or similar device by the most direct
route to open water.

Sec. 32.

Minnesota Statutes 2016, section 86B.511, is amended to read:

86B.511 LIGHTS.

new text begin Subdivision 1. new text end

new text begin Navigation lights. new text end

Except as provided in section 169.541, a watercraft
using the waters of this state, when underway or in use between sunset and sunrise, must
carry and display the new text begin navigation new text end lights prescribed by the commissioner for the watercraft.

new text begin Subd. 2. new text end

new text begin Other lights. new text end

new text begin (a) No person may operate a watercraft with lights that are not
navigation lights required under subdivision 1, that are visible on the exterior of the
watercraft, and that:
new text end

new text begin (1) interfere with the visibility of navigation lights; or
new text end

new text begin (2) are red, green, or blue.
new text end

new text begin (b) Notwithstanding paragraph (a), watercraft operated for government-sanctioned public
safety activities may display an alternately flashing red and yellow light signal for
identification. The lights must not interfere with the visibility of the navigation lights. No
special privilege is granted. Operators must not presume that the light or exigency gives
them precedence or right-of-way.
new text end

new text begin (c) Notwithstanding paragraph (a), law enforcement may operate watercraft with lights
that are flashing blue when engaged in law enforcement activities. The lights must not
interfere with the visibility of the navigation lights.
new text end

new text begin (d) A first violation of this subdivision shall not result in a penalty, but is punishable
only by a safety warning. A second or subsequent violation is a petty misdemeanor.
new text end

Sec. 33.

Minnesota Statutes 2016, section 86B.701, subdivision 3, is amended to read:

Subd. 3.

Allocation of funding.

(a) new text begin Notwithstanding section 16A.41, expenditures
directly related to each appropriation's purpose made on or after January 1 of the fiscal year
in which the grant is made or the date of work plan approval, whichever is later, are eligible
for reimbursement unless otherwise provided.
new text end

new text begin (b) new text end The amount of funds to be allocated under subdivisions 1 and 2 and shall be
determined by the commissioner on the basis of the following criteria:

(1) the number of watercraft using the waters wholly or partially within the county;

(2) the number of watercraft using particular bodies of water, wholly or partially within
the county, in relation to the size of the body of water and the type, speed, and size of the
watercraft utilizing the water body;

(3) the amount of water acreage wholly or partially within the county;

(4) the overall performance of the county in the area of boat and water safety;

(5) special considerations, such as volume of transient or nonresident watercraft use,
number of rental watercraft, extremely large bodies of water wholly or partially in the
county; or

(6) any other factor as determined by the commissioner.

deleted text begin (b) deleted text end new text begin (c) new text end The commissioner may require reports from the counties, make appropriate
surveys or studies, or utilize local surveys or studies to determine the criteria required in
allocation funds.

Sec. 34.

Minnesota Statutes 2016, section 88.523, is amended to read:

88.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.

Upon application of the owner, any auxiliary forest contract may be made subject to any
provisions of law enacted subsequent to the execution of the contract and in force at the
time of application, so far as not already applicable, with the approval of the county board
and the commissioner of natural resources. A supplemental agreement in a deleted text begin form deleted text end new text begin format new text end
prescribed by the commissioner deleted text begin and approved by the attorney general deleted text end must be executed by
the commissioner in behalf of the state and by the owner. The supplemental agreement must
be filed and recorded in like manner as the supplemental contract under section 88.49,
subdivision 9, and takes effect upon filing and recording.

Sec. 35.

Minnesota Statutes 2016, section 89.39, is amended to read:

89.39 PURCHASE AGREEMENTS AND PENALTIES.

Every individual, partnership, or private corporation to whom any planting stock is
supplied for planting on private land deleted text begin hereunder shall deleted text end new text begin under sections 89.35 to 89.39 must new text end
execute an agreement, deleted text begin upon a form deleted text end new text begin in a format new text end approved by the deleted text begin attorney general deleted text end new text begin
commissioner new text end , to comply with deleted text begin all deleted text end the requirements of sections 89.35 to 89.39 and deleted text begin all deleted text end
conditions prescribed by the commissioner deleted text begin hereunder deleted text end new text begin thereunder new text end . Any party to such an
agreement who deleted text begin shall violate any provision thereof shall, deleted text end new text begin violates the agreement is, new text end in addition
to any other penalties that may be applicable, deleted text begin be deleted text end liable to the state in a sum equal to three
times the reasonable value of the trees affected by the violation at the time the deleted text begin same deleted text end new text begin trees new text end
were shipped for planting; provided, that if deleted text begin such deleted text end new text begin the new text end trees are sold or offered for sale for
any purpose not deleted text begin herein deleted text end authorized deleted text begin , such deleted text end new text begin under sections 89.35 to 89.39, the new text end penalty deleted text begin shall be deleted text end new text begin
is new text end equal to three times the sale price. deleted text begin Such deleted text end new text begin The new text end penalties deleted text begin shall be deleted text end new text begin are new text end recoverable in a civil
action brought in the name of the state by the attorney general.

Sec. 36.

Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Affiliate. new text end

new text begin "Affiliate" means a person who:
new text end

new text begin (1) controls, is controlled by, or is under common control with any other person,
including, without limitation, a partner, business entity with common ownership, or principal
of any business entity or a subsidiary, parent company, or holding company of any person;
or
new text end

new text begin (2) bids as a representative for another person.
new text end

Sec. 37.

Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read:

Subd. 8.

Permit holder.

"Permit holder" means the person new text begin or affiliate of the person new text end who
is the signatory of a permit to cut timber on state lands.

Sec. 38.

Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read:

Subd. 12.

Responsible bidder.

"Responsible bidder" means a person new text begin or affiliate of a
person new text end who is financially responsible; demonstrates the judgment, skill, ability, capacity,
and integrity requisite and necessary to perform according to the terms of a permit issued
under this chapter; and is not currently debarred by deleted text begin another deleted text end new text begin a new text end government entity for any
cause.

Sec. 39.

Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read:

Subd. 2.

Trespass on state lands.

The commissioner may compromise and settle deleted text begin , with
notification to the attorney general deleted text end , upon terms the commissioner deems just, any claim of
the state for casual and involuntary trespass upon state lands or timber; provided that no
claim shall be settled for less than the full value of all timber or other materials taken in
casual trespass or the full amount of all actual damage or loss suffered by the state as a
result. Upon request, the commissioner shall advise the Executive Council of any information
acquired by the commissioner concerning any trespass on state lands, giving all details and
names of witnesses and all compromises and settlements made under this subdivision.

Sec. 40.

Minnesota Statutes 2016, section 90.051, is amended to read:

90.051 SUPERVISION OF SALES; BOND.

The department employee delegated to supervise state timber appraisals and sales shall
be bonded in a form to be prescribed by the deleted text begin attorney general deleted text end new text begin commissioner new text end and in the sum
of not less than $25,000, conditioned upon the faithful and honest performance of duties.

Sec. 41.

Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read:

Subd. 2.

Sale list and notice.

At least 30 days before the date of sale, the commissioner
shall compile a list containing a description of each tract of land upon which any timber to
be offered is situated and a statement of the estimated quantity of timber and of the appraised
price of each kind of timber thereon as shown by the report of the state appraiser. No
description shall be added after the list is posted and no timber shall be sold from land not
described in the list. Copies of the list deleted text begin shall deleted text end new text begin must new text end be furnished to all interested applicants.
new text begin At least 30 days before the date of sale, new text end a copy of the list deleted text begin shall deleted text end new text begin must new text end be new text begin posted on the Internet
or new text end conspicuously posted in the forest office or other public facility most accessible to potential
bidders deleted text begin at least 30 days prior to the date of sale deleted text end . The commissioner shall cause a notice to
be published once not less than one week before the date of sale in a legal newspaper in the
county or counties where the land is situated. The notice shall state the time and place of
the sale and the location at which further information regarding the sale may be obtained.
The commissioner may give other published or posted notice as the commissioner deems
proper to reach prospective bidders.

Sec. 42.

Minnesota Statutes 2016, section 90.14, is amended to read:

90.14 AUCTION SALE PROCEDURE.

(a) All state timber shall be offered and sold by the same unit of measurement as it was
appraised. No tract shall be sold to any person other than the deleted text begin purchaser deleted text end new text begin responsible bidder new text end
in whose name the bid was made. The commissioner may refuse to approve any and all bids
received and cancel a sale of state timber for good and sufficient reasons.

(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid,
or, if unsold at public auction, at the time of purchase at a subsequent sale under section
90.101, subdivision 1, pay to the commissioner a down payment of 15 percent of the
appraised value. In case any purchaser fails to make such payment, the purchaser shall be
liable therefor to the state in a civil action, and the commissioner may reoffer the timber
for sale as though no bid or sale under section 90.101, subdivision 1, therefor had been
made.

(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state
timber may, at the time of payment by the purchaser to the commissioner of 15 percent of
the appraised value, elect in deleted text begin writing on deleted text end a deleted text begin form deleted text end new text begin format new text end prescribed by the deleted text begin attorney general deleted text end new text begin
commissioner new text end to purchase a permit based solely on the appraiser's estimate of the volume
of timber described in the permit, provided that the commissioner has expressly designated
the availability of such option for that tract on the list of tracts available for sale as required
under section 90.101. A purchaser who elects in deleted text begin writing on deleted text end a deleted text begin form deleted text end new text begin format new text end prescribed by the
deleted text begin attorney general deleted text end new text begin commissioner new text end to purchase a permit based solely on the appraiser's estimate
of the volume of timber described on the permit does not have recourse to the provisions
of section 90.281.

(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be
awarded to the high bidder, who shall pay to the commissioner a down payment of 15
percent of the appraised value that must be received or postmarked within 14 days of the
date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser
is liable for the down payment to the state and the commissioner may offer the timber for
sale to the next highest bidder as though no higher bid had been made.

(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued
under section 90.151, the commissioner shall require the purchaser to make a bid guarantee
payment to the commissioner in an amount equal to 15 percent of the total purchase price
of the permit less the down payment amount required by paragraph (b) for any bid increase
in excess of $10,000 of the appraised value. If a required bid guarantee payment is not
submitted with the signed permit, no harvesting may occur, the permit cancels, and the
down payment for timber forfeits to the state. The bid guarantee payment forfeits to the
state if the purchaser and successors in interest fail to execute an effective permit.

Sec. 43.

Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read:

Subd. 2.

Purchaser registration.

To facilitate the sale of permits issued under section
90.151, the commissioner may establish a registration system to verify the qualifications
of a person new text begin or affiliate new text end as a responsible bidder to purchase a timber permit. Any system
implemented by the commissioner shall be limited in scope to only that information that is
required for the efficient administration of the purchaser qualification requirements of this
chapter. The registration system established under this subdivision is not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.

Sec. 44.

Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read:

Subdivision 1.

Issuance; expiration.

(a) Following receipt of the down payment for
state timber required under section 90.14 or 90.191, the commissioner shall issue a numbered
permit to the purchaser, in a deleted text begin form deleted text end new text begin format new text end approved by the deleted text begin attorney general deleted text end new text begin commissioner new text end ,
by the terms of which the purchaser deleted text begin shall be deleted text end new text begin is new text end authorized to enter upon the land deleted text begin , deleted text end and to cut
and remove the timber deleted text begin therein deleted text end described new text begin in the permit new text end as designated for cutting in the report
of the state appraiser, according to the provisions of this chapter. The permit deleted text begin shall deleted text end new text begin must new text end be
correctly dated and executed by the commissioner and signed by the purchaser. If a permit
is not signed by the purchaser within 45 days from the date of purchase, the permit cancels
and the down payment for timber required under section 90.14 forfeits to the state. The
commissioner may grant an additional period for the purchaser to sign the permit, not to
exceed ten business days, provided the purchaser pays a $200 penalty fee.

(b) The permit deleted text begin shall expire deleted text end new text begin expires new text end no later than five years after the date of sale as the
commissioner shall specify or as specified under section 90.191, and the timber deleted text begin shall deleted text end new text begin must new text end
be cut and removed within the time specified deleted text begin therein deleted text end . If additional time is needed, the permit
holder must request, deleted text begin prior to deleted text end new text begin before new text end the expiration date, and may be granted, for good and
sufficient reasons, up to 90 additional days for the completion of skidding, hauling, and
removing all equipment and buildings. All cut timber, equipment, and buildings not removed
from the land after expiration of the permit becomes the property of the state.

(c) The commissioner may grant deleted text begin an deleted text end additional deleted text begin period of deleted text end time not to exceed 240 days
for deleted text begin the removal of deleted text end new text begin removing new text end cut timber, equipment, and buildings upon receipt of a written
request by the permit holder for good and sufficient reasons. The permit holder may combine
in the written request under this paragraph the request for additional time under paragraph
(b).

Sec. 45.

Minnesota Statutes 2016, section 90.162, is amended to read:

90.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.

In lieu of the security deposit equal to the value of all timber covered by the permit
required by section 90.161, a purchaser of state timber may elect in deleted text begin writing on deleted text end a deleted text begin form deleted text end new text begin format new text end
prescribed by the deleted text begin attorney general deleted text end new text begin commissioner new text end to give good and valid surety to the state
of Minnesota equal to the purchase price for any designated cutting block identified on the
permit before the date the purchaser enters upon the land to begin harvesting the timber on
the designated cutting block.

Sec. 46.

Minnesota Statutes 2016, section 90.252, is amended to read:

90.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES;
FEES.

Subdivision 1.

Scaling agreement.

The commissioner may enter into an agreement with
either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling
of the cut timber and the collection of the payment for the same can be consummated by
the state. deleted text begin Such an deleted text end new text begin The new text end agreement deleted text begin shall deleted text end new text begin must new text end be approved as to form and content by the
deleted text begin attorney general deleted text end new text begin commissioner new text end and deleted text begin shall deleted text end new text begin must new text end provide for a bond or cash in lieu of a bond
and deleted text begin such deleted text end other safeguards as are necessary to protect the interests of the state. The scaling
and payment collection procedure may be used for any state timber sale, except that no
permittee who is also the consumer shall both cut and scale the timber sold unless deleted text begin such deleted text end new text begin the new text end
scaling is supervised by a state scaler.

Subd. 2.

Weight measurement services; fees.

The commissioner may enter into an
agreement with the owner or operator of any weight scale inspected, tested, and approved
under chapter 239 to provide weight measurements for deleted text begin the deleted text end scaling deleted text begin of deleted text end state timber according
to section 90.251. The agreement deleted text begin shall deleted text end new text begin must new text end be deleted text begin on a form deleted text end new text begin in a format new text end prescribed by the
deleted text begin attorney general deleted text end new text begin commissioner new text end , deleted text begin shall become a deleted text end new text begin becomes new text end part of the official record of any
state timber permit so scaled, and deleted text begin shall deleted text end new text begin must new text end contain safeguards that are necessary to protect
the interests of the state. Except as otherwise provided by the commissioner, the cost of any
agreement to provide weight measurement of state timber deleted text begin shall deleted text end new text begin must new text end be paid by the permit
holder of any state timber permit so measured and the cost deleted text begin shall deleted text end new text begin must new text end be included in the
statement of the amount due for the permit under section 90.181, subdivision 1.

Sec. 47.

Minnesota Statutes 2016, section 93.47, subdivision 4, is amended to read:

Subd. 4.

Administration and enforcement.

The commissioner shall administer and
enforce sections 93.44 to 93.51 and the rules adopted pursuant hereto. In so doing the
commissioner may (1) conduct such investigations and inspections as the commissioner
deems necessary for the proper administration of sections 93.44 to 93.51; (2) enter upon
any parts of the mining areas in connection with any such investigation and inspection
without liability to the operator or landowner provided that reasonable prior notice of
intention to do so shall have been given the operator or landowner; (3) conduct such research
or enter into contracts related to mining areas and the reclamation thereof as may be necessary
to carry out the provisions of sections 93.46 to 93.50 new text begin ; and (4) allocate surplus wetland credits
that are approved by the commissioner under a permit to mine on or after July 1, 1991, and
that are not otherwise deposited in a state wetland bank new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 1991.
new text end

Sec. 48.

Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read:

Subd. 9.

Approval by deleted text begin attorney general deleted text end new text begin commissioner new text end .

No exchange of class A land
shall be consummated unless the deleted text begin attorney general shall have given an opinion in writing deleted text end new text begin
commissioner determines new text end that the title to the land proposed to be conveyed to the state is
good and deleted text begin marketable, deleted text end free from all liens deleted text begin and deleted text end new text begin , with all new text end encumbrances new text begin identified new text end except
reservations herein authorized. new text begin The commissioner may use title insurance to aid in the title
determination. new text end If required by the deleted text begin attorney general deleted text end new text begin commissioner new text end , the landowner deleted text begin shall deleted text end new text begin must new text end
submit an abstract of title and make and file with the commissioner an affidavit as to
possession of the land, improvements, liens, and encumbrances thereon, and other matters
affecting the title.

Sec. 49.

Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read:

Subd. 9.

Approval of county attorney.

No exchange of class B land shall be
consummated unless the title to the land proposed to be exchanged therefor deleted text begin shall deleted text end new text begin is new text end first deleted text begin be deleted text end
approved by the county attorney in like manner as provided for approval by the deleted text begin attorney
general deleted text end new text begin commissioner new text end in case of class A land. The county attorney's opinion on the title
deleted text begin shall be deleted text end new text begin is new text end subject to approval by the deleted text begin attorney general deleted text end new text begin commissioner new text end .

Sec. 50.

Minnesota Statutes 2016, section 97A.015, is amended by adding a subdivision
to read:

new text begin Subd. 35a. new text end

new text begin Portable shelter. new text end

new text begin "Portable shelter" means a fish house, dark house, or other
shelter that is set on the ice of state waters to provide shelter and that collapses, folds, or is
disassembled for transportation.
new text end

Sec. 51.

Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read:

Subd. 39.

Protected wild animals.

"Protected wild animals" deleted text begin are the following wild
animals: deleted text end new text begin means new text end big game, small game, game fish, rough fish, minnows, leeches, alewives,
ciscoes, chubs, deleted text begin and deleted text end lake whitefish deleted text begin , deleted text end and the subfamily Coregoninae, rainbow smelt, frogs,
turtles, clams, mussels, wolf, mourning doves, new text begin bats, snakes, salamanders, lizards, any animal
species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter
6134, new text end and wild animals that are protected by a restriction in the time or manner of taking,
other than a restriction in the use of artificial lights, poison, or motor vehicles.

Sec. 52.

Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read:

Subd. 43.

Rough fish.

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

Sec. 53.

Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read:

Subd. 45.

Small game.

"Small game" means game birds, gray squirrel, fox squirrel,
cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, new text begin short-tailed weasel,
long-tailed weasel, new text end wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar,
wolverine, muskrat, mink, otter, and beaver.

Sec. 54.

Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read:

Subd. 52.

Unprotected birds.

"Unprotected birds" means English sparrow, deleted text begin blackbird, deleted text end
starling, deleted text begin magpie, deleted text end cormorant, common pigeon, Eurasian collared dove, chukar partridge,
quail other than bobwhite quail, and mute swan.

Sec. 55.

Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read:

Subd. 53.

Unprotected wild animals.

"Unprotected wild animals" means wild animals
that are not protected wild animals including deleted text begin weasel, deleted text end coyote, new text begin plains pocket new text end gopher, porcupine,
striped skunk, and unprotected birds new text begin , except any animal species listed as endangered,
threatened, or of special concern in Minnesota Rules, chapter 6134 new text end .

Sec. 56.

Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read:

Subd. 10.

Reciprocal agreements on violations.

The commissioner deleted text begin , with the approval
of the attorney general, deleted text end may enter into reciprocal agreements with game and fish authorities
in other states and the United States government to provide for:

(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents
for violations of game and fish laws committed in signatory jurisdictions deleted text begin which deleted text end new text begin that new text end result
in license revocation in that jurisdiction;

(2) reporting convictions and license revocations of residents of signatory states for
violations of game and fish laws of Minnesota to game and fish authorities in the
nonresident's state of residence; and

(3) release upon signature without posting of bail for residents of signatory states accused
of game and fish law violations in this state, providing for recovery, in the resident
jurisdiction, of fines levied if the citation is not answered in this state.

As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail.

Sec. 57.

Minnesota Statutes 2016, section 97A.075, subdivision 1, is amended to read:

Subdivision 1.

Deer, bear, and lifetime licenses.

(a) For purposes of this subdivision,
"deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5),
(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and
8, paragraph (b), and licenses issued under section 97B.301, subdivision 4.

(b) $2 from each annual deer license and $2 annually from the lifetime fish and wildlife
trust fund, established in section 97A.4742, for each license issued under section 97A.473,
subdivision 4, shall be credited to the deer management account and is appropriated to the
commissioner for deer habitat improvement or deer management programs.

(c) $1 from each annual deer license and each bear license and $1 annually from the
lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued
under section 97A.473, subdivision 4, shall be credited to the deer and bear management
account and is appropriated to the commissioner for deer and bear management programs,
including a computerized licensing system.

(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild
cervidae health management account and is appropriated for emergency deer feeding and
wild cervidae health management. Money appropriated for emergency deer feeding and
wild cervidae health management is available until expended.

When the unencumbered balance in the appropriation for emergency deer feeding and
wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
management programs and computerized licensing.

deleted text begin (e) Fifty cents from each annual deer license and 50 cents annually from the lifetime
fish and wildlife trust fund established in section 97A.4742, for each license issued under
section 97A.473, subdivision 4, shall be credited to the wolf management and monitoring
account under subdivision 7.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1 of the year following the year the
wolf is delisted under the federal Endangered Species Act.
new text end

Sec. 58.

Minnesota Statutes 2016, section 97B.001, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Placing traps or snares on private land; written permission required. new text end

new text begin A
person may not set or place a trap or snare on private property that is not subject to a
requirement to be open to the public, other than property owned or occupied by the person,
unless the person has the written permission of the owner, occupant, or lessee of the private
property. This subdivision includes, but is not limited to, written permission to access private
property from waters of the state when the trap or snare is placed or staked in the water.
new text end

Sec. 59.

new text begin [97B.032] RULES LIMITING USE OF LEAD SHOT PROHIBITED.
new text end

new text begin The commissioner of natural resources shall not adopt rules further restricting the use
of lead shot.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to rules adopted on or after that date.
new text end

Sec. 60.

Minnesota Statutes 2016, section 97B.071, is amended to read:

97B.071 deleted text begin BLAZE ORANGE deleted text end new text begin CLOTHING new text end REQUIREMENTS new text begin ; BLAZE ORANGE
OR BLAZE PINK new text end .

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

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

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

(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only by
a safety warning.

Sec. 61.

Minnesota Statutes 2016, section 97B.405, is amended to read:

97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.

(a) The commissioner may limit the number of persons that may hunt bear in an area,
if it is necessary to prevent an overharvest or improve the distribution of hunters. The
commissioner may establish, by rule, a method, including a drawing, to impartially select
the hunters for an area. The commissioner shall give preference to hunters that have
previously applied and have not been selected.

new text begin (b) If the commissioner limits the number of persons that may hunt bear in an area under
paragraph (a), the commissioner must reserve one permit and give first preference for that
permit to a resident of a Minnesota veterans home.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end A person selected through a drawing must purchase a license by August 1. Any
remaining available licenses not purchased shall be issued to any eligible person as prescribed
by the commissioner on a first-come, first-served basis beginning three business days after
August 1.

Sec. 62.

Minnesota Statutes 2016, section 97B.431, is amended to read:

97B.431 BEAR-HUNTING OUTFITTERS.

(a) A person may not place bait for bear, or guide hunters to take bear, for compensation
without a bear-hunting-outfitter license. A bear-hunting outfitter is not required to have a
license to take bear unless the outfitter is attempting to shoot a bear. The commissioner
shall adopt rules for qualifications for issuance and administration of the licenses.

(b) The commissioner shall establish a resident master bear-hunting-outfitter license
under which one person serves as the bear-hunting outfitter and one other person is eligible
to guide and bait bear. Additional persons may be added to the license and are eligible to
guide and bait bear under the license, provided the additional fee under section 97A.475,
subdivision 16, is paid for each person added. The commissioner shall adopt rules for
qualifications for issuance and administration of the licenses new text begin . The commissioner must not
require a person to have certification or training in first aid or CPR to be eligible for a license
under this section new text end .

Sec. 63.

Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read:

Subdivision 1.

Owners and occupants may take certain animals.

A person new text begin or the
person's agent new text end may take new text begin bats, snakes, salamanders, lizards, weasel, new text end mink, squirrel, rabbit,
hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the
person where the animal is causing damage. The person new text begin or the person's agent new text end may take the
animal without a license and in any manner except by deleted text begin poison, or deleted text end artificial lights in the closed
season new text begin or by poison new text end . Raccoons may be taken under this subdivision with artificial lights
during open season. A person deleted text begin that deleted text end new text begin or the person's agent who new text end kills mink, raccoon, bobcat,
fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer
or employee of the Fish and Wildlife Division within 24 hours after the animal is killed.

Sec. 64.

Minnesota Statutes 2016, section 97C.315, subdivision 1, is amended to read:

Subdivision 1.

Lines.

An angler may not use more than one line except:

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

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

new text begin (3) two lines may be used to take fish during the open-water season, except on waters
during a catch and release season for any species, by a resident or nonresident angler who
purchases a second-line endorsement for $5. Of the amount collected from purchases of
second-line endorsements, 50 percent must be spent on walleye stocking new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018.
new text end

Sec. 65.

Minnesota Statutes 2016, section 97C.355, subdivision 2a, is amended to read:

Subd. 2a.

Portable shelters.

new text begin (a) new text end A person using a portable shelter that is not identified
under subdivision 1 new text begin may not leave the portable shelter unattended between midnight and
sunrise and new text end must remain within 200 feet of the shelter while the shelter is on the ice of state
waters.

new text begin (b) If a person leaves the portable shelter unattended any time between midnight and
one hour before sunrise or is not within 200 feet of the portable shelter, the portable shelter
must be licensed as provided under subdivision 2.
new text end

Sec. 66.

Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read:

Subd. 2.

Walleye deleted text begin ; northern pike deleted text end .

deleted text begin (a) Except as provided in paragraph (b), deleted text end A person
may have no more than one walleye larger than 20 inches deleted text begin and one northern pike larger than
30 inches deleted text end in possession new text begin . This subdivision does not apply to boundary waters new text end .

deleted text begin (b) The restrictions in paragraph (a) do not apply to boundary waters.
deleted text end

Sec. 67.

Minnesota Statutes 2016, section 97C.501, subdivision 1, is amended to read:

Subdivision 1.

Minnow retailers.

(a) A person may not be a minnow retailer without
a minnow retailer license except as provided in subdivisions 2, paragraph (d), and 3. A
person must purchase a minnow retailer license for each minnow retail outlet operated,
except as provided by subdivision 2, paragraph (d).

(b) A minnow retailer must obtain a minnow retailer's vehicle license for each motor
vehicle used by the minnow retailer to transport more than 12 dozen minnows to the minnow
retailer's place of business deleted text begin , except as provided in subdivision 3 deleted text end . A minnow retailer is not
required to obtain a minnow retailer's vehicle license new text begin :
new text end

new text begin (1) as provided in subdivision 3;
new text end

new text begin (2) if the minnow retailer is licensed as a resort under section 157.16, is transporting
minnows purchased from a minnow dealer's place of business directly to the resort, possesses
a detailed receipt, including the date and time of purchase, and presents the receipt and
minnows for inspection upon request; or
new text end

new text begin (3) new text end if minnows are being transported by common carrier and information is provided
that allows the commissioner to find out the location of the shipment in the state.

Sec. 68.

Minnesota Statutes 2016, section 97C.515, subdivision 2, is amended to read:

Subd. 2.

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

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

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

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

new text begin (d) Golden shiner minnows may be imported as provided in this subdivision. Golden
shiner minnows that are imported must be certified as healthy according to Arkansas
standards in accordance with the Arkansas baitfish certification program.
new text end

new text begin (e) Golden shiner minnows must be certified free of viral hemorrhagic septicemia,
infectious hematopoietic necrosis, infectious pancreatic necrosis, spring viremia of carp
virus, fathead minnow nidovirus, heterosporis, aeromonas salmonicida, and yersinia ruckeri.
new text end

new text begin (f) Golden shiner minnows must originate from a biosecure facility that has tested
negative for invasive species.
new text end

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

Sec. 69.

Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Harvesting mussel shells. new text end

new text begin Live mussels may not be harvested. A person
possessing a valid resident or nonresident angling license or a person not required to have
an angling license to take fish may take and possess at any time, for personal use only, not
more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may
be harvested in waters of the state where fish may be taken by angling. Mussel shells must
be harvested by hand-picking only and may not be purchased or sold.
new text end

Sec. 70.

new text begin [103A.213] PROGRESS FOR IMPROVING WATER QUALITY.
new text end

new text begin Subdivision 1. new text end

new text begin Water quality; improvement goal. new text end

new text begin It is the goal of the state to accelerate
the pace of progress for improving water-quality protection and restoration to reach a goal
of 25 percent improvement in water quality by 2025. Progress must be reviewed by and
based on measures reported by the cooperating agencies listed under subdivision 2 or as
described in local water management plans approved and adopted under chapter 103B.
new text end

new text begin Subd. 2. new text end

new text begin Cooperating agencies and input process. new text end

new text begin The Departments of Agriculture,
Health, and Natural Resources, the Pollution Control Agency, the Board of Water and Soil
Resources, the Metropolitan Council, the Public Facilities Authority, and the Environmental
Quality Board must jointly conduct a broad public and stakeholder engagement process
across the state seeking input on how to achieve the goal under subdivision 1. The process
must consider, but is not limited to, water safety and quality parameters such as chloride,
infectious agents, phosphorus, sediment, nitrates, lead, and other factors that can contribute
to biological and human health risks. The Clean Water Council and local government
representatives must be consulted before the public and stakeholder input process begins.
The initial public and stakeholder input process must be completed by November 15, 2017.
new text end

new text begin Subd. 3. new text end

new text begin Scope of public and stakeholder input. new text end

new text begin The public and stakeholder input
process must include, but is not limited to, obtaining input on:
new text end

new text begin (1) what additional data or analyses are needed and how the data or analyses can be used
to accomplish and measure progress toward the goal;
new text end

new text begin (2) mechanisms to provide assurance, accountability, and cost-benefit measures for
accomplishing progress toward the goal;
new text end

new text begin (3) what changes to the Clean Water Legacy Act or other state statutes or agency
programs would be helpful to accelerate and sustain progress toward the goal;
new text end

new text begin (4) what local government programs or authorities could be added or modified to
accelerate and sustain progress toward the goal;
new text end

new text begin (5) options to prioritize, sequence, and locate multiple-benefit practices, projects, and
infrastructure needed to accelerate and sustain progress toward the goal;
new text end

new text begin (6) options to leverage nonstate funding for practices, projects, and infrastructure needed
to accelerate and sustain progress toward the goal;
new text end

new text begin (7) how technology and private sector roles or investments could be used to accelerate
and sustain progress toward the goal;
new text end

new text begin (8) how to accomplish personal, community, ecological, and economic health objectives
and goals as part of accelerating and sustaining progress toward the water quality
improvement goal; and
new text end

new text begin (9) information deemed relevant and useful according to the objectives outlined in
sections 103A.212, 103H.001, and 114D.10 and other related information deemed relevant
and useful by the Departments of Agriculture, Health, and Natural Resources, the Pollution
Control Agency, the Board of Water and Soil Resources, the Metropolitan Council, the
Public Facilities Authority, and the Environmental Quality Board.
new text end

new text begin Subd. 4. new text end

new text begin Report and recommendations. new text end

new text begin By December 15, 2017, the cooperating
agencies must jointly submit a report to the governor and the Legislative Water Commission
on the results of the public input process. The report must include any policy and budget
recommendations based on the input received.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 71.

Minnesota Statutes 2016, section 103B.101, subdivision 12a, is amended to read:

Subd. 12a.

Authority to issue penalty orders.

(a) deleted text begin A county or watershed district with
jurisdiction or deleted text end The Board of Water and Soil Resources may issue an order requiring violations
of the water resources riparian protection requirements under sections 103F.415, 103F.421,
and 103F.48 to be corrected and administratively assessing monetary penalties up to $500
for noncompliance commencing on day one of the 11th month after the noncompliance
notice was issued. The proceeds collected from an administrative penalty order issued under
this section must be remitted to deleted text begin the county or watershed district with jurisdiction over the
noncompliant site, or otherwise remitted to deleted text end the Board of Water and Soil Resources.

(b) Before exercising this authority, the Board of Water and Soil Resources must adopt
a plan containing procedures for the issuance of administrative penalty orders deleted text begin by local
governments and the board as authorized in this subdivision deleted text end . This plan, and any subsequent
amendments, will become effective 30 days after being published in the State Register. The
initial plan must be published in the State Register no later than July 1, 2017.

(c) Administrative penalties may be reissued and appealed under paragraph (a) according
to section 103F.48, subdivision 9.

Sec. 72.

Minnesota Statutes 2016, section 103F.411, subdivision 1, is amended to read:

Subdivision 1.

Authority.

The Board of Water and Soil Resources, in consultation with
counties, soil and water conservation districts, and other appropriate agencies, shall adopt
a model ordinance and rules that serve as a guide for local governments new text begin that have adopted
a soil loss ordinance new text end to implement sections 103F.401 to 103F.455 and provide administrative
procedures for the board for sections 103F.401 to 103F.455.

Sec. 73.

Minnesota Statutes 2016, section 103F.48, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have
the meanings given them.

(b) "Board" means the Board of Water and Soil Resources.

(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive plants
and noxious weeds, adjacent to all bodies of water within the state and that protects the
water resources of the state from runoff pollution; stabilizes soils, shores, and banks; and
protects or provides riparian corridors.

(d) "Buffer protection map" means buffer maps established and maintained by the
commissioner of natural resources.

(e) "Commissioner" means the commissioner of natural resources.

(f) "Executive director" means the executive director of the Board of Water and Soil
Resources.

(g) "Local water management authority" means a watershed district, metropolitan water
management organization, or county operating separately or jointly in its role as local water
management authority under chapter 103B or 103D.

(h) "Normal water level" means the level evidenced by the long-term presence of surface
water as indicated directly by hydrophytic plants or hydric soils or indirectly determined
via hydrological models or analysis.

(i) "Public waters" deleted text begin has the meaning given in section 103G.005, subdivision 15. The term deleted text end new text begin
means new text end public waters deleted text begin as used in this section applies to waters deleted text end that are on the public waters
inventory as provided in section 103G.201 new text begin that have water in them continually for 12 months
each year new text end .

(j) "With jurisdiction" means a board determination that the county or watershed district
has adopted a rule, ordinance, or official controls providing procedures for deleted text begin the issuance of
deleted text end deleted text begin administrative penalty orders, enforcement, and appeals for purposes of this section and
deleted text end deleted text begin section deleted text end deleted text begin 103B.101, subdivision 12a deleted text end new text begin enforcing this section new text end .

Sec. 74.

Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:

Subd. 3.

Water resources riparian protection requirements on public waters and
public drainage systems.

(a) Except as provided in paragraph (b), landowners owning
property adjacent to a water body identified and mapped on a buffer protection map must
maintain a buffer to protect the state's water resources as follows:

(1) for all public waters new text begin that have a shoreland classification new text end , the more restrictive of:

(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially
rooted vegetation; or

(ii) the state shoreland standards and criteria adopted by the commissioner under section
103F.211; and

(2) for public drainage systems established under chapter 103E new text begin and public waters that
do not have a shoreland classification new text end , a 16.5-foot minimum width continuous buffer as
provided in section 103E.021, subdivision 1. The buffer vegetation shall not impede future
maintenance of the ditch.

(b) A landowner owning property adjacent to a water body identified in a buffer protection
map and whose property is used for cultivation farming may meet the requirements under
paragraph (a) by adopting an alternative riparian water quality practice, or combination of
structural, vegetative, and management practices, based on the Natural Resources
Conservation Service Field Office Technical Guide or other practices approved by the new text begin local
soil and water conservation district new text end board, that provide water quality protection comparable
to the buffer protection for the water body that the property abuts. Included in these practices
are retention ponds and alternative measures that prevent overland flow to the water resource. new text begin
A landowner, authorized agent, or operator may request the soil and water conservation
district to make a determination whether a specific alternative water quality practice would
meet the applicable requirements under this section. If a landowner, authorized agent, or
operator has requested, at least 90 days before the applicable effective date under paragraph
(e), that the soil and water conservation district make a determination, then the landowner
must not be found noncompliant until the soil and water conservation district has notified
the landowner, agent, or operator in writing whether the practice would meet the applicable
requirements.
new text end

(c) The width of a buffer on public waters must be measured from the top or crown of
the bank. Where there is no defined bank, measurement must be from the edge of the normal
water level. The width of the buffer on public drainage systems must be measured as provided
in section 103E.021, subdivision 1.

(d) Upon request by a landowner or authorized agent or operator of a landowner, a
technical professional employee or contractor of the soil and water conservation district or
its delegate may issue a validation of compliance with the requirements of this subdivision.
The soil and water conservation district validation may be appealed to the board as described
in subdivision 9.

(e) Buffers or alternative water quality practices required under paragraph (a) or (b)
must be in place on or before:

(1) November 1, deleted text begin 2017 deleted text end new text begin 2019 new text end , for public waters; and

(2) November 1, deleted text begin 2018 deleted text end new text begin 2020 new text end , for public drainage systems.

(f) Nothing in this section limits the eligibility of a landowner or authorized agent or
operator of a landowner to participate in federal or state conservation programs, including
enrolling or reenrolling in federal conservation programs.

new text begin (g) After the effective date of this section, a person planting buffers or water quality
protection practices to meet the requirements in paragraph (a) must use only seed mixes
that were grown and processed in Minnesota. The board, a county, or a watershed district
must not take corrective action under subdivision 7 against a landowner who does not have
seed available to comply with this paragraph.
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. 75.

Minnesota Statutes 2016, section 103F.48, subdivision 7, is amended to read:

Subd. 7.

Corrective actions.

(a) If the soil and water conservation district determines
a landowner is not in compliance with this section, new text begin and the landowner has declined state or
federal assistance to pay 100 percent of the cost to establish buffers or other water resource
protection measures approved by the board and annual payments or an easement for the
land, new text end the district must notify the county or watershed district with jurisdiction over the
noncompliant site and the board. The county or watershed district with jurisdiction or the
board must provide the landowner with a list of corrective actions needed to come into
compliance and a practical timeline to meet the requirements in this section. The county or
watershed district with jurisdiction must provide a copy of the corrective action notice to
the board.

(b) A county or watershed district exercising jurisdiction under this subdivision deleted text begin and the deleted text end
deleted text begin enforcement authority granted in section deleted text end deleted text begin 103B.101, subdivision 12a deleted text end deleted text begin , deleted text end shall affirm their
jurisdiction and identify the ordinance, rule, or other official controls to carry out the
compliance provisions of this section deleted text begin and section deleted text end deleted text begin 103B.101, subdivision 12a deleted text end deleted text begin , deleted text end by notice to
the board deleted text begin prior to March 31, 2017 deleted text end . A county or watershed district must provide notice to
the board at least 60 days prior to the effective date of a subsequent decision on their
jurisdiction.

(c) If the landowner does not comply with the list of actions and timeline provided, the
county or watershed district may enforce this section deleted text begin under the authority granted in section
deleted text end deleted text begin 103B.101, subdivision 12a deleted text end deleted text begin , or deleted text end by rule of the watershed district or ordinance or other official
control of the county. deleted text begin Before exercising administrative penalty authority, a county or
watershed district must adopt a plan consistent with the plan adopted by the board containing
procedures for the issuance of administrative penalty orders and may issue orders beginning
November 1, 2017. deleted text end If a county or watershed district with jurisdiction over the noncompliant
site has not adopted a plan, rule, ordinance, or official control under this paragraph, the
board must enforce this section under the authority granted in section 103B.101, subdivision
12a.

(d) If the county, watershed district, or board determines that sufficient steps have been
taken to fully resolve noncompliance, all or part of the penalty may be forgiven.

(e) An order issued under paragraph (c) may be appealed to the board as provided under
subdivision 9.

(f) A corrective action is not required for conditions resulting from a flood or other act
of nature.

(g) A landowner agent or operator of a landowner may not remove or willfully degrade
a riparian buffer or water quality practice, wholly or partially, unless the agent or operator
has obtained a signed statement from the property owner stating that the permission for the
work has been granted by the unit of government authorized to approve the work in this
section or that a buffer or water quality practice is not required as validated by the soil and
water conservation district. Removal or willful degradation of a riparian buffer or water
quality practice, wholly or partially, by an agent or operator is a separate and independent
offense and may be subject to the corrective actions and penalties in this subdivision.

new text begin (h) A county or watershed district or the board shall not enforce this section unless
federal or state assistance is available to the landowner to pay 100 percent of the cost to
establish buffers or other water resource protection measures approved by the board and
annual payments or an easement for the land.
new text end

Sec. 76.

Minnesota Statutes 2016, section 103G.005, is amended by adding a subdivision
to read:

new text begin Subd. 8a. new text end

new text begin Constructed management facilities for storm water. new text end

new text begin "Constructed
management facilities for storm water" means ponds, basins, holding tanks, cisterns,
infiltration trenches and swales, or other best management practices that have been designed,
constructed, and operated to store or treat storm water in accordance with local, state, or
federal requirements.
new text end

Sec. 77.

Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to read:

Subd. 10b.

Greater than 80 percent area.

"Greater than 80 percent area" means a
county deleted text begin or deleted text end new text begin , new text end watershed new text begin , or, for purposes of wetland replacement, bank service area new text end where 80
percent or more of the presettlement wetland acreage is intact and:

(1) ten percent or more of the current total land area is wetland; or

(2) 50 percent or more of the current total land area is state or federal land.

Sec. 78.

Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to read:

Subd. 10h.

Less than 50 percent area.

"Less than 50 percent area" means a county deleted text begin or deleted text end new text begin , new text end
watershed new text begin , or, for purposes of wetland replacement, bank service area new text end with less than 50
percent of the presettlement wetland acreage intact or any county deleted text begin or deleted text end new text begin , new text end watershed new text begin , or bank
service area new text end not defined as a "greater than 80 percent area" or "50 to 80 percent area."

Sec. 79.

Minnesota Statutes 2016, section 103G.222, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) Wetlands must not be drained or filled, wholly or
partially, unless replaced by actions that provide at least equal public value under a
replacement plan approved as provided in section 103G.2242, a replacement plan under a
local governmental unit's comprehensive wetland protection and management plan approved
by the board under section 103G.2243, or, if a permit to mine is required under section
93.481, under a mining reclamation plan approved by the commissioner under the permit
to mine. new text begin Project-specific wetland replacement plans submitted as part of a project for which
a permit to mine is required and approved by the commissioner on or after July 1, 1991,
may include surplus wetland credits to be allocated by the commissioner to offset future
mining-related wetland impacts under any permits to mine held by the permittee, the operator,
the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant to an
assignment under section 93.481, subdivision 5. new text end For project-specific wetland replacement
completed prior to wetland impacts authorized or conducted under a permit to mine within
the Great Lakes and Rainy River watershed basins, those basins shall be considered a single
watershed for purposes of determining wetland replacement ratios. Mining reclamation
plans shall apply the same principles and standards for replacing wetlands that are applicable
to mitigation plans approved as provided in section 103G.2242. Public value must be
determined in accordance with section 103B.3355 or a comprehensive wetland protection
and management plan established under section 103G.2243. Sections 103G.221 to 103G.2372
also apply to excavation in permanently and semipermanently flooded areas of types 3, 4,
and 5 wetlands.

(b) Replacement must be guided by the following principles in descending order of
priority:

(1) avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;

(2) minimizing the impact by limiting the degree or magnitude of the wetland activity
and its implementation;

(3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland
environment;

(4) reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity;

(5) compensating for the impact by restoring a wetland; and

(6) compensating for the impact by replacing or providing substitute wetland resources
or environments.

For a project involving the draining or filling of wetlands in an amount not exceeding
10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
paragraph (a), the local government unit may make an on-site sequencing determination
without a written alternatives analysis from the applicant.

(c) If a wetland is located in a cultivated field, then replacement must be accomplished
through restoration only without regard to the priority order in paragraph (b), provided that
the altered wetland is not converted to a nonagricultural use for at least ten years.

(d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241,
subdivision 2, paragraph (b) or (e), the local government unit may require a deed restriction
that prohibits nonagricultural use for at least ten years. The local government unit may
require the deed restriction if it determines the wetland area drained is at risk of conversion
to a nonagricultural use within ten years based on the zoning classification, proximity to a
municipality or full service road, or other criteria as determined by the local government
unit.

(e) Restoration and replacement of wetlands must be accomplished in accordance with
the ecology of the landscape area affected and ponds that are created primarily to fulfill
storm water management, and water quality treatment requirements may not be used to
satisfy replacement requirements under this chapter unless the design includes pretreatment
of runoff and the pond is functioning as a wetland.

(f) Except as provided in paragraph (g), for a wetland or public waters wetland located
on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland
for each acre of drained or filled wetland.

(g) For a wetland or public waters wetland located on agricultural land or in a greater
than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for
each acre of drained or filled wetland.

(h) Wetlands that are restored or created as a result of an approved replacement plan are
subject to the provisions of this section for any subsequent drainage or filling.

(i) Except in a greater than 80 percent area, only wetlands that have been restored from
previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
wetlands created by dikes or dams along public or private drainage ditches, or wetlands
created by dikes or dams associated with the restoration of previously drained or filled
wetlands may be used for wetland replacement according to rules adopted under section
103G.2242, subdivision 1. Modification or conversion of nondegraded naturally occurring
wetlands from one type to another are not eligible for wetland replacement.

(j) The Technical Evaluation Panel established under section 103G.2242, subdivision
2, shall ensure that sufficient time has occurred for the wetland to develop wetland
characteristics of soils, vegetation, and hydrology before recommending that the wetland
be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
to believe that the wetland characteristics may change substantially, the panel shall postpone
its recommendation until the wetland has stabilized.

(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply
to the state and its departments and agencies.

(l) For projects involving draining or filling of wetlands associated with a new public
transportation project, and for projects expanded solely for additional traffic capacity, public
transportation authorities may purchase credits from the board at the cost to the board to
establish credits. Proceeds from the sale of credits provided under this paragraph are
appropriated to the board for the purposes of this paragraph. For the purposes of this
paragraph, "transportation project" does not include an airport project.

(m) A replacement plan for wetlands is not required for individual projects that result
in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or
replacement of a currently serviceable existing state, city, county, or town public road
necessary, as determined by the public transportation authority, to meet state or federal
design or safety standards or requirements, excluding new roads or roads expanded solely
for additional traffic capacity lanes. This paragraph only applies to authorities for public
transportation projects that:

(1) minimize the amount of wetland filling or draining associated with the project and
consider mitigating important site-specific wetland functions on site;

(2) except as provided in clause (3), submit project-specific reports to the board, the
Technical Evaluation Panel, the commissioner of natural resources, and members of the
public requesting a copy at least 30 days prior to construction that indicate the location,
amount, and type of wetlands to be filled or drained by the project or, alternatively, convene
an annual meeting of the parties required to receive notice to review projects to be
commenced during the upcoming year; and

(3) for minor and emergency maintenance work impacting less than 10,000 square feet,
submit project-specific reports, within 30 days of commencing the activity, to the board
that indicate the location, amount, and type of wetlands that have been filled or drained.

Those required to receive notice of public transportation projects may appeal
minimization, delineation, and on-site mitigation decisions made by the public transportation
authority to the board according to the provisions of section 103G.2242, subdivision 9. The
Technical Evaluation Panel shall review minimization and delineation decisions made by
the public transportation authority and provide recommendations regarding on-site mitigation
if requested to do so by the local government unit, a contiguous landowner, or a member
of the Technical Evaluation Panel.

Except for state public transportation projects, for which the state Department of
Transportation is responsible, the board must replace the wetlands, and wetland areas of
public waters if authorized by the commissioner or a delegated authority, drained or filled
by public transportation projects on existing roads.

Public transportation authorities at their discretion may deviate from federal and state
design standards on existing road projects when practical and reasonable to avoid wetland
filling or draining, provided that public safety is not unreasonably compromised. The local
road authority and its officers and employees are exempt from liability for any tort claim
for injury to persons or property arising from travel on the highway and related to the
deviation from the design standards for construction or reconstruction under this paragraph.
This paragraph does not preclude an action for damages arising from negligence in
construction or maintenance on a highway.

(n) If a landowner seeks approval of a replacement plan after the proposed project has
already affected the wetland, the local government unit may require the landowner to replace
the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required.

(o) A local government unit may request the board to reclassify a county or watershed
on the basis of its percentage of presettlement wetlands remaining. After receipt of
satisfactory documentation from the local government, the board shall change the
classification of a county or watershed. If requested by the local government unit, the board
must assist in developing the documentation. Within 30 days of its action to approve a
change of wetland classifications, the board shall publish a notice of the change in the
Environmental Quality Board Monitor.

(p) One hundred citizens who reside within the jurisdiction of the local government unit
may request the local government unit to reclassify a county or watershed on the basis of
its percentage of presettlement wetlands remaining. In support of their petition, the citizens
shall provide satisfactory documentation to the local government unit. The local government
unit shall consider the petition and forward the request to the board under paragraph (o) or
provide a reason why the petition is denied.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 1991.
new text end

Sec. 80.

Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:

Subd. 3.

Wetland replacement siting.

(a) deleted text begin Impacted wetlands in a 50 to deleted text end new text begin Wetland
replacement occurring outside of a greater than new text end 80 percent area must new text begin not new text end be replaced in a
deleted text begin 50 to deleted text end new text begin greater than new text end 80 percent area deleted text begin or in a less than 50 percent area deleted text end . deleted text begin Impacted wetlands in a
less than 50 percent area must be replaced in a less than 50 percent area. deleted text end All wetland
replacement must follow this priority order:

(1) deleted text begin on site or deleted text end in the same minor watershed as the impacted wetland;

(2) in the same watershed as the impacted wetland;

(3) in the same deleted text begin county or deleted text end wetland bank service area as the impacted wetland; and

(4) in another wetland bank service area.

(b) Notwithstanding paragraph (a), wetland banking credits approved according to a
complete wetland banking application submitted to a local government unit by April 1,
1996, may be used to replace wetland impacts resulting from public transportation projects
statewide.

(c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement
by wetland banking begins at paragraph (a), clause (3), according to rules adopted under
section 103G.2242, subdivision 1.

(d) When reasonable, practicable, and environmentally beneficial replacement
opportunities are not available in siting priorities listed in paragraph (a), the applicant may
seek opportunities at the next level.

(e) For the purposes of this section, "reasonable, practicable, and environmentally
beneficial replacement opportunities" are defined as opportunities that:

(1) take advantage of naturally occurring hydrogeomorphological conditions and require
minimal landscape alteration;

(2) have a high likelihood of becoming a functional wetland that will continue in
perpetuity;

(3) do not adversely affect other habitat types or ecological communities that are
important in maintaining the overall biological diversity of the area; and

(4) are available and capable of being done after taking into consideration cost, existing
technology, and logistics consistent with overall project purposes.

(f) Regulatory agencies, local government units, and other entities involved in wetland
restoration shall collaborate to identify potential replacement opportunities within their
jurisdictional areas.

(g) The board must establish wetland replacement ratios and wetland bank service area
priorities to implement the siting and targeting of wetland replacement and encourage the
use of high priority areas for wetland replacement.

Sec. 81.

Minnesota Statutes 2016, section 103G.223, is amended to read:

103G.223 CALCAREOUS FENS.

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

new text begin (b) Notwithstanding paragraph (a), the commissioner must allow temporary reductions
in groundwater resources on a seasonal basis under an approved management plan for
appropriating water.
new text end

Sec. 82.

Minnesota Statutes 2016, section 103G.2242, subdivision 2, is amended to read:

Subd. 2.

Evaluation.

(a) Questions concerning the public value, location, size, or type
of a wetland shall be submitted to and determined by a Technical Evaluation Panel after an
on-site inspection. The Technical Evaluation Panel shall be composed of a technical
professional employee of the board, a technical professional employee of the local soil and
water conservation district or districts, a technical professional with expertise in water
resources management appointed by the local government unit, and a technical professional
employee of the Department of Natural Resources for projects affecting public waters or
wetlands adjacent to public waters. new text begin Members of the Technical Evaluation Panel who have
an ownership interest in a wetland bank shall disclose in writing all of the member's
ownership interests in wetland banks to the local government unit. new text end The panel shall use the
"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987),
including updates, supplementary guidance, and replacements, if any, "Wetlands of the
United States" (United States Fish and Wildlife Service Circular 39, 1971 edition), and
"Classification of Wetlands and Deepwater Habitats of the United States" (1979 edition).
The panel shall provide the wetland determination and recommendations on other technical
matters to the local government unit that must approve a replacement plan, sequencing,
exemption determination, no-loss determination, or wetland boundary or type determination
and may recommend approval or denial of the plan. The authority must consider and include
the decision of the Technical Evaluation Panel in their approval or denial of a plan or
determination.

(b) Persons conducting wetland or public waters boundary delineations or type
determinations are exempt from the requirements of chapter 326. The board may develop
a professional wetland delineator certification program.

(c) The board must establish an interagency team to assist in identifying and evaluating
potential wetland replacement sites. The team must consist of members of the Technical
Evaluation Panel and representatives from the Department of Natural Resources; the Pollution
Control Agency; the United States Army Corps of Engineers, St. Paul district; and other
organizations as determined by the board.

Sec. 83.

Minnesota Statutes 2016, section 103G.2372, subdivision 1, is amended to read:

Subdivision 1.

Authority; orders.

(a) The commissioner of natural resources,
conservation officers, and peace officers shall enforce laws preserving and protecting
groundwater quantity, wetlands, and public waters. The commissioner of natural resources,
a conservation officer, or a peace officer may issue a cease and desist order to stop any
illegal activity adversely affecting groundwater quantity, a wetland, or public waters.

(b) In the order, or by separate order, the commissioner, conservation officer, or peace
officer may require restoration or replacement of the wetland or public waters, as determined
by the local soil and water conservation district for wetlands and the commissioner of natural
resources for public waters. Restoration or replacement orders may be recorded or filed in
the office of the county recorder or registrar of titles, as appropriate, in the county where
the real property is located by the commissioner of natural resources, conservation officers,
or peace officers as a deed restriction on the property that runs with the land and is binding
on the owners, successors, and assigns until the conditions of the order are met or the order
is rescinded. Notwithstanding section 386.77, the agency shall pay the applicable filing fee
for any document filed under this section.

new text begin (c) If a court has ruled that there has been no violation of the restoration or replacement
order, an order may not be recorded or filed under this section.
new text end

new text begin (d) If an order was recorded or filed before the effective date of this section and the deed
restriction would have been in violation of paragraph (c), the commissioner must remove
the deed restriction if the owner of the property requests the commissioner to remove it.
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. 84.

Minnesota Statutes 2016, section 103G.271, subdivision 1, is amended to read:

Subdivision 1.

Permit required.

(a) Except as provided in paragraph (b), the state, a
person, partnership, or association, private or public corporation, county, municipality, or
other political subdivision of the state may not appropriate or use waters of the state without
a water-use permit from the commissioner.

(b) This section does not apply to new text begin the following water uses:
new text end

new text begin (1) new text end use for a water supply by less than 25 persons for domestic purposes, except as
required by the commissioner under section 103G.287, subdivision 4, paragraph (b) new text begin ; and
new text end

new text begin (2) nonconsumptive diversion of a surface water of the state from its natural channel for
the production of hydroelectric or hydromechanical power at structures that were in existence
on and before July 1, 1937, or those that are regulated by the Federal Energy Regulatory
Commission new text end .

(c) The commissioner may issue a state general permit for appropriation of water to a
governmental subdivision or to the general public. The general permit may authorize more
than one project and the appropriation or use of more than one source of water. Water-use
permit processing fees and reports required under subdivision 6 and section 103G.281,
subdivision 3, are required for each project or water source that is included under a general
permit, except that no fee is required for uses totaling less than 15,000,000 gallons annually.

new text begin (d) This section does not apply to appropriation or use of storm water collected and used
to reduce storm water runoff volume, treat storm water, or sustain groundwater supplies
when water is extracted from constructed management facilities for storm water.
new text end

Sec. 85.

Minnesota Statutes 2016, section 103G.271, subdivision 6a, is amended to read:

Subd. 6a.

Fees for past unpermitted appropriations.

An entity that appropriates water
without a required permit under subdivision 1 must pay the applicable water-use permit
processing fee specified in subdivision 6 for the period during which the unpermitted
appropriation occurred. The fees for unpermitted appropriations are required for the previous
seven calendar years after being notified of the need for a permit. This fee is in addition to
any other fee or penalty assessed. The commissioner may waive payment of fees for past
unpermitted appropriations for a residential system permitted under subdivision 5, paragraph
(b) new text begin , or for a hydroelectric or hydromechanical facility that temporarily diverts a water of
the state from its natural channel new text end .

Sec. 86.

Minnesota Statutes 2016, section 103G.271, subdivision 7, is amended to read:

Subd. 7.

Transfer of permit.

A water-use permit may be transferred to a successive
owner of real property if the permittee conveys the real property where the source of water
is located. The new owner must notify the commissioner immediately after the conveyance
and request transfer of the permit. new text begin If notified, the commissioner must transfer the permit to
the successive owner.
new text end

Sec. 87.

Minnesota Statutes 2016, 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 requiring a change to a
management plan for appropriating water, the commissioner must provide estimates of the
economic impact of any new restriction or policy on existing and future groundwater users
in the affected area.
new text end

Sec. 88.

Minnesota Statutes 2016, 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 (f), 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 letter providing preliminary
approval to construct the well new text begin and the requirements, including test-well information, that
will be needed to obtain the permit new text end .

new text begin (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.
new text end

Sec. 89.

Minnesota Statutes 2016, 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. At least 30
days prior to implementing or modifying a groundwater management area plan under this
subdivision, the commissioner shall consult with the advisory team established in paragraph
(c).

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

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

new text begin (d) Before making a change under a groundwater management area plan, the
commissioner must provide estimates of the economic effect of any new restriction or policy
on existing and future groundwater users in the affected area.
new text end

Sec. 90.

Minnesota Statutes 2016, section 103G.289, is amended to read:

103G.289 WELL INTERFERENCE; WELL SEALING.

new text begin (a) new text end The commissioner shall not validate a well interference claim 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) An agreement, written offer, or settlement between a complainant and permittee or
permit applicant must take into account depreciation of 2.5 percent per year, for the first 30
years of the life of the complainant's well, when calculating the costs a permittee or permit
applicant is responsible for as a result of a well interference claim.
new text end

Sec. 91.

Minnesota Statutes 2016, section 103G.411, is amended to read:

103G.411 STIPULATION OF LOW-WATER MARK.

If the state is a party in a civil action relating to the navigability or ownership of the bed
of a body of water, river, or stream, the commissioner, in behalf of the state, deleted text begin with the approval
of the attorney general, deleted text end may agree by written stipulation with a riparian owner who is a
party to the action on the location of the ordinary low-water mark on the riparian land of
the party. After the stipulation is executed by all parties, it must be presented to the judge
of the district court where the action is pending for approval. If the stipulation is approved,
the judge shall make and enter an order providing that the final judgment when entered shall
conform to the location of the ordinary, low-water mark as provided for in the stipulation
as it relates to the parties to the stipulation.

Sec. 92.

Minnesota Statutes 2016, section 114D.25, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Impaired waters list; public notice and process. new text end

new text begin The commissioner of the
Pollution Control Agency must allow at least 60 days for public comment after publishing
the draft impaired waters list required under the federal Clean Water Act. A person may
petition the agency to hold a contested case hearing on the draft impaired waters list. A
valid basis for challenging an impairment determination includes, but is not limited to,
agency reliance on data that do not reflect recent significant infrastructure investments and
documented pollutant reductions.
new text end

Sec. 93.

new text begin [115.542] NOTICE REQUIREMENTS FOR PUBLICLY OWNED
WASTEWATER TREATMENT FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (1) "permit" means a national pollutant discharge elimination system (NPDES) permit
or state disposal system (SDS) permit; and
new text end

new text begin (2) "permit applicant" means a person or entity submitting an application for a new
permit or renewal, modification, or revocation of an existing permit for a publicly owned
wastewater treatment facility.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin This section applies to all draft permits and permits for publicly
owned wastewater treatment facilities for which the commissioner of the Pollution Control
Agency makes a preliminary determination whether to issue or deny.
new text end

new text begin Subd. 3. new text end

new text begin Notice requirements. new text end

new text begin The commissioner of the Pollution Control Agency must
provide a permit applicant with a copy of the draft permit and any fact sheets required by
agency rules at least 30 days before the distribution and public notice of the permit application
and preliminary determination.
new text end

new text begin Subd. 4. new text end

new text begin Public comment period. new text end

new text begin The commissioner must prepare and issue a public
notice of a completed application and the commissioner's preliminary determination as to
whether the permit should be issued or denied. The public comment period must be at least
60 days for permit applications under this section.
new text end

Sec. 94.

Minnesota Statutes 2016, section 115B.39, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) In addition to the definitions in this subdivision, the definitions
in sections 115A.03 and 115B.02 apply to sections 115B.39 to 115B.445, except as
specifically modified in this subdivision.

(b) "Cleanup order" means a consent order between responsible persons and the agency
or an order issued by the United States Environmental Protection Agency under section 106
of the federal Superfund Act.

(c) "Closure" means actions to prevent or minimize the threat to public health and the
environment posed by a mixed municipal solid waste disposal facility that has stopped
accepting waste by controlling the sources of releases or threatened releases at the facility.
"Closure" includes removing contaminated equipment and liners; applying final cover;
grading and seeding final cover; installing wells, borings, and other monitoring devices;
constructing groundwater and surface water diversion structures; and installing gas control
systems and site security systems, as necessary. The commissioner may authorize use of
final cover that includes processed materials that meet the requirements in Code of Federal
Regulations, title 40, section 503.32, paragraph (a).

(d) "Closure upgrade" means construction activity that will, at a minimum, modify an
existing cover so that it satisfies current rule requirements for mixed municipal solid waste
land disposal facilities.

(e) "Contingency action" means organized, planned, or coordinated courses of action to
be followed in case of fire, explosion, or release of solid waste, waste by-products, or
leachate that could threaten human health or the environment.

(f) "Corrective action" means steps taken to repair facility structures including liners,
monitoring wells, separation equipment, covers, and aeration devices and to bring the facility
into compliance with design, construction, groundwater, surface water, and air emission
standards.

(g) new text begin "Custodial" or "custodial care" means actions taken for the care, maintenance, and
monitoring of closure actions at a mixed municipal solid waste disposal facility after
completion of the postclosure period.
new text end

new text begin (h) new text end "Decomposition gases" means gases produced by chemical or microbial activity
during the decomposition of solid waste.

deleted text begin (h) deleted text end new text begin (i) new text end "Dump materials" means nonhazardous mixed municipal solid wastes disposed
at a Minnesota waste disposal site other than a qualified facility prior to 1973.

deleted text begin (i) deleted text end new text begin (j) new text end "Environmental response action" means response action at a qualified facility,
including corrective action, closure, postclosure care; contingency action; environmental
studies, including remedial investigations and feasibility studies; engineering, including
remedial design; removal; remedial action; site construction; and other similar cleanup-related
activities.

deleted text begin (j) deleted text end new text begin (k) new text end "Environmental response costs" means:

(1) costs of environmental response action, not including legal or administrative expenses;
and

(2) costs required to be paid to the federal government under section 107(a) of the federal
Superfund Act, as amended.

deleted text begin (k) deleted text end new text begin (l) new text end "Postclosure" or "postclosure care" means actions taken for the care, maintenance,
and monitoring of closure actions at a mixed municipal solid waste disposal facility.

deleted text begin (l) deleted text end new text begin (m) new text end "Qualified facility" means a mixed municipal solid waste disposal facility as
described in the most recent agency permit, including adjacent property used for solid waste
disposal that did not occur under a permit from the agency, that:

(1)(i) is or was permitted by the agency;

(ii) stopped accepting solid waste, except demolition debris, for disposal by April 9,
1994; and

(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that
demolition debris may be accepted until May 1, 1995, at a permitted area where disposal
of demolition debris is allowed, if the area where the demolition debris is deposited is at
least 50 feet from the fill boundary of the area where mixed municipal solid waste was
deposited; deleted text begin or
deleted text end

(2) is or was permitted by the agency deleted text begin ; deleted text end and

(i) stopped accepting waste by January 1, 2000, except that demolition debris, industrial
waste, and municipal solid waste combustor ash may be accepted until January 1, 2001, at
a permitted area where disposal of such waste is allowed, if the area where the waste is
deposited is at least 50 feet from the fill boundary of the area where mixed municipal solid
waste was deposited; or

(ii) stopped accepting waste by January 1, 2019, and is located in a county that meets
all applicable recycling goals in section 115A.551 and that has arranged for all mixed
municipal solid waste generated in the county to be delivered to and processed by a resource
recovery facility located in the county for at least 20 years new text begin ; or
new text end

new text begin (3) is or was permitted by the agency and stopped accepting mixed municipal solid waste
and industrial waste for disposal by January 1, 2009, and for which the postclosure care
period ended on July 26, 2013 new text end .

Sec. 95.

Minnesota Statutes 2016, section 115B.40, subdivision 4, is amended to read:

Subd. 4.

Qualified facility not under cleanup order; duties.

(a) The owner or operator
of a qualified facility that is not subject to a cleanup order shall:

(1) complete closure activities at the facility, or enter into a binding agreement with the
commissioner to do so, as provided in paragraph (e), within one year from the date the
owner or operator is notified by the commissioner under subdivision 3 of the closure activities
that are necessary to properly close the facility in compliance with facility's permit, closure
orders, or enforcement agreement with the agency, and with the solid waste rules in effect
at the time the facility stopped accepting waste;

(2) undertake or continue postclosure new text begin or custodial new text end care at the facility until the date of
notice of compliance under subdivision 7;

(3) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
deleted text begin (l) deleted text end new text begin (m) new text end , clause (1), transfer to the commissioner of revenue for deposit in the remediation
fund established in section 116.155 any funds required for proof of financial responsibility
under section 116.07, subdivision 4h, that remain after facility closure and any postclosure
care and response action undertaken by the owner or operator at the facility including, if
proof of financial responsibility is provided through a letter of credit or other financial
instrument or mechanism that does not accumulate money in an account, the amount that
would have accumulated had the owner or operator utilized a trust fund, less any amount
used for closure, postclosure care, and response action at the facility; deleted text begin and
deleted text end

(4) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
deleted text begin (l) deleted text end new text begin (m) new text end , clause (2), transfer to the commissioner of revenue for deposit in the remediation
fund established in section 116.155 an amount of cash that is equal to the sum of their
approved current contingency action cost estimate and the present value of their approved
estimated remaining postclosure care costs required for proof of financial responsibility
under section 116.07, subdivision 4h deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
(m), clause (3), transfer to the commissioner of revenue for deposit in the remediation fund
established in section 116.155 an amount of cash that is equal to any funds required for
proof of financial responsibility under section 116.07, subdivision 4h, that remain after
facility closure and any postclosure and custodial care and response action undertaken by
the owner or operator at the facility have been reimbursed.
new text end

(b) The owner or operator of a qualified facility that is not subject to a cleanup order
shall:

(1) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
deleted text begin (l) deleted text end new text begin (m) new text end , clause (1), provide the commissioner with a copy of all applicable comprehensive
general liability insurance policies and other liability policies relating to property damage,
certificates, or other evidence of insurance coverage held during the life of the facility; and

(2) enter into a binding agreement with the commissioner to:

(i) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
deleted text begin (l) deleted text end new text begin (m) new text end , clause (1), take any actions necessary to preserve the owner or operator's rights to
payment or defense under insurance policies included in clause (1); cooperate with the
commissioner in asserting claims under the policies; and, within 60 days of a request by
the commissioner, but no earlier than July 1, 1996, assign only those rights under the policies
related to environmental response costs;

(ii) cooperate with the commissioner or other persons acting at the direction of the
commissioner in taking additional environmental response actions necessary to address
releases or threatened releases and to avoid any action that interferes with environmental
response actions, including allowing entry to the property and to the facility's records and
allowing entry and installation of equipment; and

(iii) refrain from developing or altering the use of property described in any permit for
the facility except after consultation with the commissioner and in conformance with any
conditions established by the commissioner for that property, including use restrictions, to
protect public health and welfare and the environment.

(c) The owner or operator of a qualified facility defined in section 115B.39, subdivision
2, paragraph deleted text begin (l) deleted text end new text begin (m) new text end , clause (1), that is a political subdivision may use a portion of any funds
established for response at the facility, which are available directly or through a financial
instrument or other financial arrangement, for closure or postclosure care at the facility if
funds available for closure or postclosure care are inadequate and shall assign the rights to
any remainder to the commissioner.

(d) The agreement required in paragraph (b), clause (2), must be in writing and must
apply to and be binding upon the successors and assigns of the owner. The owner shall
record the agreement, or a memorandum approved by the commissioner that summarizes
the agreement, with the county recorder or registrar of titles of the county where the property
is located.

(e) A binding agreement entered into under paragraph (a), clause (1), may include a
provision that the owner or operator will reimburse the commissioner for the costs of closing
the facility to the standard required in that clause.

Sec. 96.

Minnesota Statutes 2016, section 115C.021, subdivision 1, is amended to read:

Subdivision 1.

General rule.

Except as provided in subdivisions 2 to deleted text begin 4 deleted text end new text begin 5 new text end , a person is
responsible for a release from a tank if the person is an owner or operator of the tank at any
time during or after the release.

Sec. 97.

Minnesota Statutes 2016, section 115C.021, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Heating fuel oil vendor. new text end

new text begin A heating oil vendor is not a responsible person for
a heating fuel oil release at a residential location if the release was caused solely by the
failure of a tank owned by the homeowner.
new text end

Sec. 98.

Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Clean Air Act settlement money. new text end

new text begin "Clean Air Act settlement money" means
money required to be paid to the state as a result of litigation or settlements of alleged
violations of the federal Clean Air Act, United States Code, title 42, section 7401, et seq.,
or rules adopted thereunder, by an automobile manufacturer. The commissioner of
management and budget must establish the Clean Air Act settlement account in the
environmental fund. Notwithstanding sections 16A.013 to 16A.016, the commissioner of
management and budget must deposit Clean Air Act settlement money into the Clean Air
Act settlement account. Clean Air Act settlement money must not be spent until it is
specifically appropriated by law. The commissioner of management and budget must
eliminate the Clean Air Act settlement account in the environmental fund after all Clean
Air Act settlement money has been expended.
new text end

Sec. 99.

Minnesota Statutes 2016, section 116.0714, is amended to read:

116.0714 NEW OPEN AIR SWINE BASINS.

The 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, deleted text begin 2017 deleted text end new text begin 2022 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. 100.

new text begin [116.083] PROPANE SCHOOL BUS AND FUELING STATION REBATE
PROGRAM.
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, the following terms have
the meanings given:
new text end

new text begin (1) "fueling station" means a station at a fixed location intended for use in fueling propane
vehicles;
new text end

new text begin (2) "propane school bus" means a school bus fueled by propane and used by a school
or under contract with the school to transport pupils to or from a school or to or from
school-related activities;
new text end

new text begin (3) "school" means a Minnesota school district or Minnesota charter school; and
new text end

new text begin (4) "school bus" means a type A, B, C, or D school bus under section 169.011, subdivision
71.
new text end

new text begin Subd. 2. new text end

new text begin Rebate eligibility. new text end

new text begin (a) Schools that purchase a propane school bus or purchase
and install a fueling station are eligible for a rebate under this section. A school that contracts
for pupil transportation may apply for a rebate on behalf of the school bus contractor.
new text end

new text begin (b) Propane school buses must be registered and licensed in Minnesota. Fueling stations
must be located in Minnesota.
new text end

new text begin (c) The following expenses are eligible for a rebate:
new text end

new text begin (1) the cost of an original equipment manufacturer propane school bus purchased; and
new text end

new text begin (2) the cost of fueling station equipment, including construction and installation costs.
new text end

new text begin Subd. 3. new text end

new text begin Rebate amounts. new text end

new text begin Rebates under this section may be issued for:
new text end

new text begin (1) no more than 25 percent of the cost of a propane school bus, not to exceed $25,000;
and
new text end

new text begin (2) no more than 50 percent of the cost of a fueling station, not to exceed $50,000.
new text end

new text begin Subd. 4. new text end

new text begin Maximum rebate allowed. new text end

new text begin A school may receive no more than five propane
school bus rebates per year. A school may receive one fueling station rebate.
new text end

new text begin Subd. 5. new text end

new text begin Funding. new text end

new text begin $1,500,000 is annually appropriated from the Clean Air Act settlement
account in the environmental fund to the agency for grants under this section. The grants
must be awarded through a request for proposal process established by the commissioner
and must comply with the litigation or settlement order providing receipts to the account.
new text end

Sec. 101.

Minnesota Statutes 2016, section 116C.03, subdivision 2, is amended to read:

Subd. 2.

Membership.

The members of the board are the commissioner of administration,
the commissioner of commerce, the commissioner of the Pollution Control Agency, the
commissioner of natural resources, the commissioner of agriculture, the commissioner of
health, the commissioner of employment and economic development, the commissioner of
transportation, new text begin and new text end the chair of the Board of Water and Soil Resources deleted text begin , and a representative
of the governor's office designated by the governor deleted text end . The governor shall appoint deleted text begin five deleted text end new text begin eight new text end
members from the general public to the board new text begin , one from each congressional district new text end , subject
to the advice and consent of the senate. deleted text begin At least two of deleted text end The deleted text begin five deleted text end public members must have
knowledge of and be conversant in deleted text begin water management issues in the state deleted text end new text begin environmental
review or permitting new text end . Notwithstanding the provisions of section 15.06, subdivision 6,
members of the board may not delegate their powers and responsibilities as board members
to any other person.

Sec. 102.

Minnesota Statutes 2016, section 160.06, is amended to read:

160.06 TRAIL OR PORTAGE DEDICATION.

Any trail or portage between public or navigable bodies of water or from public or
navigable water to a public highway in this state deleted text begin which deleted text end new text begin that new text end has been in continued and
uninterrupted use by the general public for 15 years or more as a trail or portage for the
purposes of travel, deleted text begin shall be deleted text end new text begin is new text end deemed to have been dedicated to the public as a trail or
portage. This section deleted text begin shall apply deleted text end new text begin applies new text end only to forest trails on established deleted text begin state water trails deleted text end new text begin
canoe routes new text end and the public deleted text begin shall have deleted text end new text begin has new text end the right to use the same for deleted text begin the purposes of deleted text end travel
to the same extent as public highways. The width of all trails and portages dedicated by
user deleted text begin shall be deleted text end new text begin is new text end eight feet on each side of the centerline of the trail or portage.

Sec. 103.

Minnesota Statutes 2016, section 282.018, subdivision 1, is amended to read:

Subdivision 1.

Land on or adjacent to public waters.

(a) All land which is the property
of the state as a result of forfeiture to the state for nonpayment of taxes, regardless of whether
the land is held in trust for taxing districts, and which borders on or is adjacent to meandered
lakes and other public waters and watercourses, and the live timber growing or being thereon,
is hereby withdrawn from sale except as hereinafter provided. The authority having
jurisdiction over the timber on any deleted text begin such deleted text end new text begin of these new text end lands may sell the timber as otherwise
provided by law for cutting and removal under deleted text begin such deleted text end new text begin the new text end conditions as the authority may
prescribe in accordance with approved, sustained yield forestry practices. The authority
having jurisdiction over the timber shall reserve deleted text begin such deleted text end new text begin the new text end timber and impose deleted text begin such deleted text end new text begin the new text end
conditions as the authority deems necessary for the protection of watersheds, wildlife habitat,
shorelines, and scenic features. Within the area in Cook, Lake, and St. Louis counties
described in the Act of Congress approved July 10, 1930 (46 Stat. 1020), the timber on
tax-forfeited lands shall be subject to like restrictions as are now imposed by that act on
federal lands.

(b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other public
waters and watercourses and so withdrawn from sale, a strip two rods in width, the ordinary
high-water mark being the waterside boundary thereof, and the land side boundary thereof
being a line drawn parallel to the ordinary high-water mark and two rods distant landward
therefrom, hereby is reserved for public travel thereon, and whatever the conformation of
the shore line or conditions require, the authority having jurisdiction over deleted text begin such deleted text end new text begin these new text end lands
shall reserve a wider strip for deleted text begin such deleted text end new text begin these new text end purposes.

(c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold by
the authority having jurisdiction over the land, in the manner otherwise provided by law
for the sale of deleted text begin such deleted text end new text begin the new text end lands, if the authority determines that it is in the public interest to
do so. new text begin Any tract or parcel of land within a plat of record bordering on or adjacent to
meandered lakes and other public waters and watercourses may be sold by the authority
having jurisdiction over the land, in the manner otherwise provided by law for the sale of
the lands, if the authority determines that it is in the public interest to do so. new text end If the authority
having jurisdiction over the land is not the commissioner of natural resources, the land may
not be offered for sale without the prior approval of the commissioner of natural resources.

(d) Where the authority having jurisdiction over lands withdrawn from sale under this
section is not the commissioner of natural resources, the authority may submit proposals
for disposition of the lands to the commissioner. The commissioner of natural resources
shall evaluate the lands and their public benefits and make recommendations on the proposed
dispositions to the committees of the legislature with jurisdiction over natural resources.
The commissioner shall include any recommendations of the commissioner for disposition
of lands withdrawn from sale under this section over which the commissioner has jurisdiction.
The commissioner's recommendations may include a public sale, sale to a private party,
acquisition by the Department of Natural Resources for public purposes, or a cooperative
management agreement with, or transfer to, another unit of government.

Sec. 104.

Minnesota Statutes 2016, section 282.04, subdivision 1, is amended to read:

Subdivision 1.

Timber sales; land leases and uses.

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

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

(c) The county board may sell any timber, including biomass, as appraised or scaled.
Any parcels of land from which timber is to be sold by scale of cut products shall be so
designated in the published notice of sale under paragraph (a), in which case the notice shall
contain a description of the parcels, a statement of the estimated quantity of each species
of timber, and the appraised price of each species of timber for 1,000 feet, per cord or per
piece, as the case may be. In those cases any bids offered over and above the appraised
prices shall be by percentage, the percent bid to be added to the appraised price of each of
the different species of timber advertised on the land. The purchaser of timber from the
parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown in the
notice of sale as estimated to be standing on the land, and in addition shall pay at the same
rate for any additional amounts which the final scale shows to have been cut or was available
for cutting on the land at the time of sale under the terms of the sale. Where the final scale
of cut products shows that less timber was cut or was available for cutting under terms of
the sale than was originally paid for, the excess payment shall be refunded from the forfeited
tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board
as in case of other claims against the county. No timber, except hardwood pulpwood, may
be removed from the parcels of land or other designated landings until scaled by a person
or persons designated by the county board and approved by the commissioner of natural
resources. Landings other than the parcel of land from which timber is cut may be designated
for scaling by the county board by written agreement with the purchaser of the timber. The
county board may, by written agreement with the purchaser and with a consumer designated
by the purchaser when the timber is sold by the county auditor, and with the approval of
the commissioner of natural resources, accept the consumer's scale of cut products delivered
at the consumer's landing. No timber shall be removed until fully paid for in cash. Small
amounts of timber not exceeding deleted text begin $3,000 deleted text end new text begin 500 cords new text end in appraised deleted text begin valuation deleted text end new text begin volume new text end may be
sold for not less than the full appraised value at private sale to individual persons without
first publishing notice of sale or calling for bids, provided that in case of a sale involving a
total appraised value of more than $200 the sale shall be made subject to final settlement
on the basis of a scale of cut products in the manner above provided and not more than two
of the sales, directly or indirectly to any individual shall be in effect at one time.

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

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

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

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

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

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

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

Sec. 105.

new text begin [471.9998] MERCHANT BAGS.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This section may be cited as the Consumer Choice Act.
new text end

new text begin Subd. 2. new text end

new text begin Merchant option. new text end

new text begin All merchants, itinerant vendors, and peddlers doing business
in this state shall have the option to provide customers a paper, plastic, or reusable bag for
the packaging of any item or good purchased, provided the purchase is of a size and manner
commensurate with the use of paper, plastic, or reusable bags.
new text end

new text begin Subd. 3. new text end

new text begin Prohibition; bag ban or tax. new text end

new text begin Notwithstanding any other provision of law, no
political subdivision shall impose any ban, fee, or tax upon the use of paper, plastic, or
reusable bags for packaging of any item or good purchased from a merchant, itinerant
vendor, or peddler.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 31, 2017. Ordinances existing on
the effective date of this section that would be prohibited under this section are invalid as
of the effective date of this section.
new text end

Sec. 106.

Laws 2000, chapter 486, section 4, as amended by Laws 2001, chapter 182,
section 2, is amended to read:

Sec. 4. [BOATHOUSE LEASES; SOUDAN UNDERGROUND MINE STATE
PARK.]

(a) In 1965, United States Steel Corporation conveyed land to the state of Minnesota
that was included in the Soudan underground mine state park, with certain lands at Stuntz
Bay subject to leases outstanding for employee boathouse sites.

(b) Notwithstanding Minnesota Statutes, sections 85.011, 85.012, subdivision 1, and
86A.05, subdivision 2, upon the expiration of a boathouse lease described under paragraph
(a), the commissioner of natural resources shall offer a new lease to the party in possession
at the time of lease expiration, or, if there has been a miscellaneous lease issued by the
Department of Natural Resources due to expiration of a lease described under paragraph
(a), upon its expiration to the lessee. The new lease shall be issued under the terms and
conditions of Minnesota Statutes, section 92.50, deleted text begin with the following limitations deleted text end new text begin except as
follows new text end :

(1) the term of the lease shall be for the lifetime of the party being issued a renewed
lease and, if transferred, for the lifetime of the party to whom the lease is transferred;

(2) the new lease shall provide that the lease may be transferred only once and the transfer
must be to a person within the third degree of kindred or first cousin according to civil law;
deleted text begin and
deleted text end

(3) the commissioner shall limit the number of lessees per lease to no more than two
persons who have attained legal age new text begin ; and
new text end

new text begin (4) the lease amount must not exceed 50 percent of the average market rate, based on
comparable private lease rates, as determined once every five years per lease new text end .

At the time of the new lease, the commissioner may offer, and after agreement with the
leaseholder, lease equivalent alternative sites to the leaseholder.

(c) The commissioner shall not cancel a boathouse lease described under paragraphs (a)
and (b) except for noncompliance with the lease agreement.

new text begin (d) The commissioner must issue a written receipt to the lessee for each lease payment.
new text end

deleted text begin (d) By January 15, 2001, the commissioner of natural resources shall report to the senate
and house environment and natural resources policy and finance committees on boathouse
leases in state parks. The report shall include information on:
deleted text end

deleted text begin (1) the number of boathouse leases;
deleted text end

deleted text begin (2) the number of leases that have forfeited;
deleted text end

deleted text begin (3) the expiration dates of the leases;
deleted text end

deleted text begin (4) the historical significance of the boathouses;
deleted text end

deleted text begin (5) recommendations on the inclusion of the land described in paragraph (d) within the
park boundary; and
deleted text end

deleted text begin (6) any other relevant information on the leases.
deleted text end

(e) The commissioner of natural resources shall contact U.S.X. Corporation and local
units of government regarding the inclusion of the following lands within Soudan
underground mine state park:

(1) all lands located South of Vermillion Lake shoreline in Section 13, Township 62
North, Range 15 West;

(2) all lands located South of Vermillion Lake shoreline in the S1/2-SE1/4 of Section
14, Township 62 North, Range 15 West;

(3) NE1/4-SE1/4 and E1/2-NE1/4 of Section 22, Township 62 North, Range 15 West;

(4) all lands located South of Vermillion Lake shoreline in Section 23, Township 62
North, Range 15 West;

(5) all of Section 24, Township 62 North, Range 15 West;

(6) all lands North of trunk highway No. 169 located in Section 25, Township 62 North,
Range 15 West;

(7) all lands North of trunk highway No. 169 located in Section 26, Township 62 North,
Range 15 West;

(8) NE1/4-SE1/4 and SE1/4-NE1/4 of Section 27, Township 62 North, Range 15 West;
and

(9) NW1/4 of Section 19, Township 62 North, Range 14 West.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to monthly lease payments made on or after that date.
new text end

Sec. 107.

Laws 2013, chapter 114, article 4, section 105, is amended to read:

Sec. 105. RULES; SILICA SAND.

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

deleted text begin (b) deleted text end new text begin (a) new text end The commissioner of natural resources shall adopt rules pertaining to the
reclamation of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section
14.125.

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

deleted text begin (d) deleted text end new text begin (c) new text end The Environmental Quality Board shall 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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 108.

Laws 2016, chapter 189, article 3, section 26, the effective date, is amended to
read:

EFFECTIVE DATE.

This section is effective May 1, 2017. new text begin Motorboats for rent, lease,
or hire that are subject to inspection under Minnesota Statutes, section 86B.105, may use
existing functioning carbon monoxide systems that are not marine rated until September
30, 2017.
new text end

Sec. 109. new text begin FORT RIDGELY STATE PARK GOLF COURSE.
new text end

new text begin (a) By May 1, 2017, the commissioner of natural resources must work out an agreement
with the city of Fairfax that allows the city to lease and operate the golf course at Fort
Ridgely State Park. The agreement must include:
new text end

new text begin (1) lease and operation of the existing golf course;
new text end

new text begin (2) lease of the irrigation system, including the ability to maintain and repair it;
new text end

new text begin (3) lease of the upper level of the Fort Ridgely State Park Chalet;
new text end

new text begin (4) lease of Storage Building 4-292;
new text end

new text begin (5) the ability for golf carts to be used by users of the golf course;
new text end

new text begin (6) the ability to offer liquor for sale;
new text end

new text begin (7) public access to the golf course without requiring a state park permit; and
new text end

new text begin (8) the ability to improve the golf course, including improvements to golf-cart paths and
the chalet.
new text end

new text begin (b) The agreement must allow the city to lease the golf course for 12 months and renew
the lease annually for at least ten years. The rental fee must not exceed eight percent of the
total green fees received, excluding golf-cart rental fees. The commissioner must ensure
that the golf course has a playable surface when the lease begins and the city of Fairfax
must ensure the golf course has a playable surface should the lease expire.
new text end

new text begin (c) Admission to property leased under this section is exempt from state park permit
fees required under Minnesota Statutes, chapter 85.
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. 110. new text begin CANCELLATION OF PERMITS.
new text end

new text begin Water-use permits issued before July 1, 2017, for water use exempted under Minnesota
Statutes, section 103G.271, subdivision 1, paragraph (d), are canceled effective July 1, 2017.
new text end

Sec. 111. new text begin DEMOLITION DEBRIS LANDFILL PERMITTING.
new text end

new text begin A solid waste permit issued by the Pollution Control Agency to an existing class I
demolition debris landfill facility that is operating under the Pollution Control Agency
Demolition Landfill Guidance, issued August 2005, is extended pursuant to Minnesota
Rules, part 7001.0160, for a period of five years, unless a new permit is issued for the facility
by the Pollution Control Agency after the effective date of this section.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 112. new text begin DISPOSITION OF PROCEEDS; ST. LOUIS COUNTY
ENVIRONMENTAL TRUST FUND.
new text end

new text begin Notwithstanding Minnesota Statutes, chapter 282, and any other law relating to the
disposition of proceeds from the sale of tax-forfeited land, the St. Louis County Board must
deposit any money received from the sale of tax-forfeited land purchased by the Fond du
Lac Band of Lake Superior Chippewa with money appropriated under Laws 2014, chapter
256, article 1, section 2, subdivision 3, paragraph (a), into an environmental trust fund
established by the county. The principal from the sale of the land may not be expended.
The county may spend interest earned on the principal only for purposes related to improving
natural resources.
new text end

new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end

new text begin This section is effective the day after
the St. Louis County Board and its chief clerical officer timely complete their compliance
with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 113. new text begin WATER USE PERMIT AND DATA COLLECTION; APPROPRIATION.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 84.0895 and 103G.223, or other law
to the contrary, the commissioner of natural resources must issue, upon application, a water
use permit for calcareous fens located in Pipestone County. The permittee must agree to
the following permit conditions:
new text end

new text begin (1) the permit is for a term of 15 years, but may be revoked after five years if paragraph
(b) applies;
new text end

new text begin (2) water use under the permit is limited to irrigation of agricultural crops at a rate of
no more than 800 gallons per minute in accordance with an irrigation plan submitted with
the water use permit application;
new text end

new text begin (3) the permittee must pay for the irrigation system installed during the term of the
permit; and
new text end

new text begin (4) installation of the irrigation system must minimize disturbance to the existing plant
community in the calcareous fens. The commissioner must provide technical advice for
installation of the irrigation system.
new text end

new text begin (b) If, at any time after five years of water use, the commissioner determines the
drawdown of water from the fens endangers the continued sustainability of the calcareous
fens, the commissioner may revoke the permit. If the commissioner revokes the permit
before the permit's expiration date, the permittee must be reimbursed for the cost of the
irrigation system, prorated over the full 15-year term of the original permit.
new text end

new text begin (c) The commissioner must monitor the calcareous fens to collect data on the effects of
water use from the fens for the duration of the permit. If the commissioner concludes that,
based on collected data, the calcareous fens remain viable after 15 years of water use, the
commissioner must renew the water use permit for an additional 15 years, free of the
condition imposed under paragraph (a), clause (1).
new text end

Sec. 114. new text begin SAND DUNES STATE FOREST MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Forest management. new text end

new text begin When managing the Sand Dunes State Forest, the
commissioner must not convert additional land to oak savanna unless it is done as a result
of a contract entered into before the effective date of this section.
new text end

new text begin Subd. 2. new text end

new text begin School trust lands. new text end

new text begin Nothing in this section restricts the ability of the
commissioner or the school trust lands director from managing school trust lands within
the Sand Dunes State Forest for long-term economic return.
new text end

new text begin Subd. 3. new text end

new text begin Township road. new text end

new text begin If the commissioner of natural resources finds that any portion
of 233rd Avenue within the Sand Dunes State Forest is not owned by the township, the
commissioner must convey an easement over and across state-owned lands administered
by the commissioner to the township under Minnesota Statutes, section 84.63, for the width
of 233rd Avenue.
new text end

new text begin Subd. 4. new text end

new text begin Sunset. new text end

new text begin This section expires two years from the day following final enactment.
new text end

Sec. 115. new text begin RULEMAKING; EFFLUENT LIMITATION COMPLIANCE.
new text end

new text begin (a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
part 7001.0150, subpart 2, item A, by inserting the following:
new text end

new text begin "For a municipality that constructs a publicly owned treatment works facility to comply
with a new or modified effluent limitation, compliance with any new or modified effluent
limitation adopted after construction begins that would require additional capital investment
is required no sooner than 16 years after the date of initiation of operation of the facility."
new text end

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

Sec. 116. new text begin EQB MEMBERSHIP TRANSITION.
new text end

new text begin (a) Until the governor has appointed members of the Environmental Quality Board from
each congressional district as required under this act, this section governs membership of
the board.
new text end

new text begin (b) The citizen members of the board as of July 1, 2017, shall continue to serve until the
expiration of their terms.
new text end

new text begin (c) No later than October 1, 2017, the governor shall appoint board members from the
first, second, seventh, and eighth congressional districts for terms to begin January 2, 2018.
new text end

new text begin (d) No later than October 1, 2018, the governor shall appoint a board member from the
third congressional district for a term to begin January 8, 2019.
new text end

new text begin (e) No later than October 1, 2019, the governor shall appoint a board member from the
fourth congressional district for a term to begin January 7, 2020.
new text end

new text begin (f) No later than October 1, 2020, the governor shall appoint a board member from the
fifth congressional district for a term to begin January 5, 2021.
new text end

new text begin (g) No later than October 1, 2021, the governor shall appoint a commissioner from the
sixth congressional district for a term to begin January 4, 2022.
new text end

Sec. 117. new text begin POINT SOURCE IMPLEMENTATION PROGRAM; DETROIT LAKES.
new text end

new text begin Notwithstanding the limitations on grants in Minnesota Statutes, section 446A.073,
subdivision 1, the city of Detroit Lakes is eligible to receive a grant for up to 80 percent of
eligible project costs of the city's wastewater treatment facility phosphorus removal project.
new text end

Sec. 118. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall replace all
references to Minnesota Statutes, section 115B.39, subdivision 2, paragraph (l), with
Minnesota Statutes, section 115B.39, subdivision 2, paragraph (m), and shall make all other
necessary changes to preserve the meaning of the text and to conform with the paragraph
relettering in this act.
new text end

Sec. 119. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2016, sections 84.026, subdivision 3; 97C.701, subdivisions 1a
and 6; 97C.705; and 97C.711, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500;
6258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900, new text end new text begin are repealed.
new text end

ARTICLE 3

ENVIRONMENTAL REFORMS

Section 1.

Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read:

Subd. 14a.

Permitting efficiency new text begin ; public notice new text end .

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

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

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

(d) deleted text begin Beginning July 1, 2011, deleted text end Within 30 business days of application for a permit subject
to paragraph (a), the commissioner of natural resources shall notify the deleted text begin project proposer deleted text end new text begin
permit applicant new text end , in writing, whether the application is complete or incomplete. If the
commissioner determines that an application is incomplete, the notice to the applicant must
enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
and advise the applicant on how the deficiencies can be remedied. If the commissioner
determines that the application is complete, the notice must confirm the application's Tier
1 or Tier 2 permit status new text begin and, upon request of the permit applicant of an individual Tier 2
permit, provide the permit applicant with a schedule for reviewing the permit application new text end .
This paragraph does not apply to an application for a permit that is subject to a grant or loan
agreement under chapter 446A.

new text begin (e) When public notice of a draft individual Tier 2 permit is required, the commissioner
must issue the notice with the draft permit within 150 days of receiving a completed permit
application unless the permit applicant and the commissioner mutually agree to a different
date. Upon request of the permit applicant, the commissioner must provide a copy of the
draft permit to the permit applicant and consider comments on the draft permit from the
permit applicant before issuing the public notice.
new text end

Sec. 2.

Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read:

Subd. 14b.

Expediting costs; reimbursement.

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

Sec. 3.

Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to
read:

new text begin Subd. 14c. new text end

new text begin Irrevocability, suspensions, or expiration of permits; environmental
review. new text end

new text begin (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to
appropriate money to the commissioner of natural resources for environmental review and
permitting activities of the Department of Natural Resources:
new text end

new text begin (1) a permit granted by the commissioner may not be terminated or suspended for the
term of the permit nor shall it expire without the consent of the permittee, except for breach
or nonperformance of any condition of the permit by the permittee that is an imminent threat
to impair or destroy the environment or injure the health, safety, or welfare of the citizens
of the state; and
new text end

new text begin (2) environmental review and permit application work on environmental review and
permits filed before July 1 of that year must not be suspended or terminated.
new text end

new text begin (b) Paragraph (a), clause (1), applies until legislation appropriating money to the
commissioner for the environmental review and permitting activities is enacted.
new text end

Sec. 4.

Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to
read:

new text begin Subd. 14d. 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 the 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. 5.

Minnesota Statutes 2016, section 93.25, subdivision 2, is amended to read:

Subd. 2.

Lease requirements.

All leases for nonferrous metallic minerals or petroleum
must be approved by the Executive Council, and any other mineral lease issued pursuant
to this section that covers 160 or more acres must be approved by the Executive Council.
The rents, royalties, terms, conditions, and covenants of all such leases shall be fixed by
the commissioner according to rules adopted by the commissioner, but no lease shall be for
a longer term than 50 years, and all rents, royalties, terms, conditions, and covenants shall
be fully set forth in each lease issued. new text begin No lease shall be canceled by the state for failure to
meet production requirements prior to the 36th year of the lease. new text end The rents and royalties
shall be credited to the funds as provided in section 93.22.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to leases in effect or issued on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2016, section 93.50, is amended to read:

93.50 APPEAL.

Any person aggrieved by any new text begin final new text end order, ruling, or decision of the commissioner may
deleted text begin appeal deleted text end new text begin seek judicial review of new text end such order, ruling, or decision deleted text begin in the manner provided in
chapter 14 deleted text end new text begin under sections 14.63 to 14.69 new text end .

Sec. 7.

Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:

Subd. 3.

Wetland replacement siting.

(a) Impacted wetlands in a 50 to 80 percent area
must be replaced in a 50 to 80 percent area or in a less than 50 percent area. Impacted
wetlands in a less than 50 percent area must be replaced in a less than 50 percent area. All
wetland replacement must follow this priority order:

(1) on site or in the same minor watershed as the impacted wetland;

(2) in the same watershed as the impacted wetland;

(3) in the same county or wetland bank service area as the impacted wetland; and

(4) in another wetland bank service area.

(b) Notwithstanding paragraph (a), wetland banking credits approved according to a
complete wetland banking application submitted to a local government unit by April 1,
1996, may be used to replace wetland impacts resulting from public transportation projects
statewide.

(c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement
by wetland banking begins at paragraph (a), clause (3), according to rules adopted under
section 103G.2242, subdivision 1.

(d) When reasonable, practicable, and environmentally beneficial replacement
opportunities are not available in siting priorities listed in paragraph (a), the applicant may
seek opportunities at the next level.

(e) For the purposes of this section, "reasonable, practicable, and environmentally
beneficial replacement opportunities" are defined as opportunities that:

(1) take advantage of naturally occurring hydrogeomorphological conditions and require
minimal landscape alteration;

(2) have a high likelihood of becoming a functional wetland that will continue in
perpetuity;

(3) do not adversely affect other habitat types or ecological communities that are
important in maintaining the overall biological diversity of the area; and

(4) are available and capable of being done after taking into consideration cost, existing
technology, and logistics consistent with overall project purposes.

(f) Regulatory agencies, local government units, and other entities involved in wetland
restoration shall collaborate to identify potential replacement opportunities within their
jurisdictional areas.

(g) The board must establish wetland replacement ratios and wetland bank service area
priorities to implement the siting and targeting of wetland replacement and encourage the
use of high priority areas for wetland replacement.

new text begin (h) Wetland replacement sites identified in accordance with the priority order for
replacement siting in paragraph (a) as part of the completion of an adequate environmental
impact statement may be approved for a replacement plan under section 93.481, 103G.2242,
or 103G.2243 without further modification related to the priority order, notwithstanding
availability of new mitigation sites or availability of credits after completion of an adequate
environmental impact statement. Wetland replacement plan applications must be submitted
within one year of the adequacy determination of the environmental impact statement to be
eligible for approval under this paragraph.
new text end

Sec. 8.

Minnesota Statutes 2016, section 103G.2242, subdivision 1, is amended to read:

Subdivision 1.

Rules.

(a) The board, in consultation with the commissioner, shall adopt
rules governing the approval of wetland value replacement plans under this section and
public-waters-work permits affecting public waters wetlands under section 103G.245. These
rules must address the criteria, procedure, timing, and location of acceptable replacement
of wetland values and may address the state establishment and administration of a wetland
banking program for public and private projects, including provisions for an in-lieu fee
program; the administrative, monitoring, and enforcement procedures to be used; and a
procedure for the review and appeal of decisions under this section. In the case of peatlands,
the replacement plan rules must consider the impact on carbon. Any in-lieu fee program
established by the board must conform with Code of Federal Regulations, title 33, section
332.8, as amended.

(b) After the adoption of the rules, a replacement plan must be approved by a resolution
of the governing body of the local government unit, consistent with the provisions of the
rules or a comprehensive wetland protection and management plan approved under section
103G.2243.

(c) If the local government unit fails to apply the rules, or fails to implement a local
comprehensive wetland protection and management plan established under section
103G.2243, the government unit is subject to penalty as determined by the board.

new text begin (d) When making a determination under rules adopted pursuant to this subdivision on
whether a rare natural community will be permanently adversely affected, consideration of
measures to mitigate any adverse effect on the community must be considered.
new text end

Sec. 9.

new text begin [115.051] REVIEW OF PROPOSED ACTIONS OF THE POLLUTION
CONTROL AGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Local government unit" means a statutory or home rule charter city, county, local
public utilities commission, sanitary district, or an organization formed for the joint exercise
of powers under section 471.59.
new text end

new text begin (c) "Proposed action" means an action that is all of the following:
new text end

new text begin (1) being considered by the commissioner of the Pollution Control Agency or has been
undertaken by the commissioner but is not yet final;
new text end

new text begin (2) would, once final, constitute one of the following:
new text end

new text begin (i) the issuance, amendment, modification, or denial of a water quality standard under
section 115.44, a water-related permit, a total maximum daily load (TMDL) study, or a
watershed restoration and protection strategy (WRAPS); or
new text end

new text begin (ii) another action or decision undertaken pursuant to the commissioner's authority under
chapter 114D or 115 that is or would be eligible for a contested case hearing under chapter
14 or that would constitute rulemaking under that chapter.
new text end

new text begin (d) "Requisite number" means five or more if the proposed action is rulemaking under
chapter 14. The term means one or more if the proposed action is one that is or would be
eligible for a contested case hearing under chapter 14.
new text end

new text begin (e) "Review petition" means a written petition of a local government unit adopted by
resolution of the applicable governing body that describes the need for review by an expert
review panel of the scientific basis of a proposed action that potentially affects the petitioner.
new text end

new text begin (f) "Review proceeding" means a proceeding under chapter 14 of the Office of
Administrative Hearings to review a proposed action.
new text end

new text begin Subd. 2. new text end

new text begin Office of Administrative Hearings review of scientific basis for proposed
action. new text end

new text begin In any review proceeding, the administrative law judge must examine the
administrative record and, without deference to the commissioner, independently determine
from the record whether:
new text end

new text begin (1) the proposed action is based on reliable scientific data and analyses, as confirmed
by publicly available peer-reviewed literature;
new text end

new text begin (2) every test, measurement, or model the commissioner relied on in support of the
proposed action was used by the commissioner for the purpose for which the test,
measurement, or model was designed, consistent with generally accepted and peer-reviewed
scientific practice;
new text end

new text begin (3) the proposed action is consistent with the findings of any applicable external peer
review panel the commissioner convened under section 115.035; and
new text end

new text begin (4) the proposed action is based on a demonstrated, significant causal relationship between
the parameters of concern and the water-quality objective at issue, not the correlation alone.
When a causal relationship may be confounded by other factors, the reviewing authority
must determine whether the relevance and effect of those factors were assessed to ensure
the predicted causal relationship is valid.
new text end

new text begin Subd. 3. new text end

new text begin Effect of Office of Administrative Hearings finding of inadequate basis for
proposed action. new text end

new text begin If an administrative law judge determines that any of the conditions set
forth in subdivision 2, clauses (1) to (4), are not satisfied, then:
new text end

new text begin (1) if the proposed action was a proposed rule, the administrative law judge must find
that the need for or reasonableness of the rule has not been established pursuant to section
14.14, subdivision 2; and
new text end

new text begin (2) if the proposed action was before the Office of Administrative Hearings as part of a
contested case hearing, the administrative law judge must include this finding in the report
required by sections 14.48 to 14.56, which shall constitute the final decision in the case.
new text end

new text begin Subd. 4. new text end

new text begin When independent expert review panel required; composition. new text end

new text begin The Office
of Administrative Hearings must convene an expert review panel to review the scientific
basis of a proposed action when it receives the requisite number of review petitions and
finds, based on its independent review of the petitions, that the petitions demonstrate the
existence of a material scientific dispute regarding the scientific validity of the commissioner's
proposed action. The Office of Administrative Hearings shall issue an order granting or
denying a petition within 30 days of its receipt of the petition. A review panel must consist
of three independent experts with qualifications in the subject matter of the scientific dispute
who are employed neither by the Pollution Control Agency nor by a petitioner to the
proceeding and who are not directly or indirectly involved with the work conducted or
contracted by the agency. The composition of the panel must be determined as follows:
new text end

new text begin (1) the commissioner of the Pollution Control Agency must select one expert satisfying
the requirements of this subdivision;
new text end

new text begin (2) the petitioners must jointly select one expert satisfying the requirements of this
subdivision; and
new text end

new text begin (3) the two experts selected under clauses (1) and (2) must mutually agree to a third
expert satisfying the requirements of this subdivision. If the two experts are unable to agree
on a third expert, the Office of Administrative Hearings must make the appointment.
new text end

new text begin Subd. 5. new text end

new text begin Conduct of independent expert review panel. new text end

new text begin Upon granting a petition for
independent expert review, the Office of Administrative Hearings must, as soon as practicable
thereafter, issue an order establishing the independent expert review panel, identifying the
independent experts selected pursuant to subdivision 4. This order must include a statement
of the specific scientific issues or questions in dispute to be submitted for review by the
panel. The commissioner and all petitioners must agree on the issues or questions in dispute
to be submitted for review. If they cannot agree on one or more issues or questions, the
Office of Administrative Hearings must determine the issue or questions to be submitted
giving substantial consideration to the questions raised in any petitions it has received. The
panel must review the scientific evidence relevant to those issues or questions as found in
the petitions, the administrative record for the proposed action, and the results of any external
peer review conducted according to section 115.035, in accordance with the guidance in
the United States Environmental Protection Agency's Peer Review Handbook. The panel
must submit a written opinion on the scientific validity of the commissioner's approach that
is in controversy. If the panel finds deficiencies, the panel must recommend how the
deficiencies can be corrected. The written opinion shall become part of the administrative
record and must be submitted to the Office of Administrative Hearings, which shall send a
written copy of the opinion to the commissioner of the Pollution Control Agency, all
petitioners, and the chairs and ranking minority members of the house of representatives
and senate committees having jurisdiction over environment and natural resources policy
and finance.
new text end

new text begin Subd. 6. new text end

new text begin Status of action pending independent expert panel review. new text end

new text begin Once the Office
of Administrative Hearings has received the requisite number of review petitions, it must
notify the Pollution Control Agency of this fact and:
new text end

new text begin (1) the Pollution Control Agency shall not grant or deny a contested case petition filed
by the local government unit on the proposed action that is the subject of a petition or
otherwise proceed towards finalizing the proposed action until the Office of Administrative
Hearings denies the petition for independent expert review, or if the petition is granted, it
has received and considered the written opinion required by subdivision 5; and
new text end

new text begin (2) the Office of Administrative Hearings shall not conduct the review required by
subdivision 2 until it has received the written opinion required by subdivision 5.
new text end

new text begin Subd. 7. new text end

new text begin Chapter 14 requirements must be followed. new text end

new text begin Nothing in this section shall be
construed to abrogate or otherwise repeal any of the procedural requirements of chapter 14.
Upon receipt of a written opinion pursuant to subdivision 5, the Pollution Control Agency
and the Office of Administrative Hearings shall make the opinion available to the public
for review and continue to follow all applicable provisions of chapter 14, including public
comment and hearing requirements.
new text end

new text begin Subd. 8. new text end

new text begin Timing of review petition submission. new text end

new text begin A review petition submitted to the
Office of Administrative Hearings must be submitted within the time period for filing a
contested case petition or prior to the expiration of the public comment period as noticed
in the statement of intent to adopt the rule, as applicable.
new text end

new text begin Subd. 9. new text end

new text begin This section is supplementary. new text end

new text begin The duties and procedures set forth in this
section are supplementary and applicable to those set forth in section 14.091.
new text end

Sec. 10.

Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read:

Subd. 2b.

Permitting efficiency.

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

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

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

(d) deleted text begin Beginning July 1, 2011, deleted text end Within 30 business days of application for a permit subject
to paragraph (a), the commissioner of the Pollution Control Agency shall notify the deleted text begin project
proposer deleted text end new text begin permit applicant new text end , in writing, whether the application is complete or incomplete. If
the commissioner determines that an application is incomplete, the notice to the applicant
must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
and advise the applicant on how the deficiencies can be remedied. If the commissioner
determines that the application is complete, the notice must confirm the application's Tier
1 or Tier 2 permit status new text begin and, upon request of the permit applicant of an individual Tier 2
permit, provide the permit applicant with a schedule for reviewing the permit new text end new text begin application new text end .
This paragraph does not apply to an application for a permit that is subject to a grant or loan
agreement under chapter 446A.

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

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

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

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

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

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

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

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

(iii) business schedule for project completion; and

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

(2) during the preapplication meeting, the agency shall provide for the applicant at least
the following:

(i) an overview of the permit review program;

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

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

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

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

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

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

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

(j) Nothing in this section shall be construed to modify:

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

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

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

Sec. 11.

Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Draft permits; public notice. new text end

new text begin When public notice of a draft individual Tier 2
permit is required, the commissioner must issue the notice with the draft permit within 150
days of receiving a completed permit application unless the permit applicant and the
commissioner mutually agree to a different date. Upon request of the permit applicant, the
commissioner must provide a copy of the draft permit to the permit applicant and consider
comments on the draft permit from the permit applicant before issuing the public notice.
new text end

Sec. 12.

Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read:

Subd. 4d.

Permit fees.

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

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

(c) The agency shall set fees that:

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

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

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

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

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

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

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

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

Sec. 13.

Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Irrevocability, suspensions, or expiration of permits; environmental
review. new text end

new text begin (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to
appropriate money to the commissioner of the Pollution Control Agency for environmental
review and permitting activities of the agency:
new text end

new text begin (1) a permit granted by the commissioner may not be terminated or suspended for the
term of the permit nor shall it expire without the consent of the permittee, except for breach
or nonperformance of any condition of the permit by the permittee that is an imminent threat
to impair or destroy the environment or injure the health, safety, or welfare of the citizens
of the state; and
new text end

new text begin (2) environmental review and permit application work on environmental review and
permits filed before July 1 of that year must not be suspended or terminated.
new text end

new text begin (b) Paragraph (a), clause (1), applies until legislation appropriating money to the
commissioner for the environmental review and permitting activities is enacted.
new text end

Sec. 14.

Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 14. 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 the 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. 15.

Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:

Subd. 2a.

When prepared.

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

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

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

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

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

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

(1) the proposed action is:

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

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

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

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

new text begin Except in an environmentally sensitive location where Minnesota Rules, part 4410.4300,
subpart 29, item B, applies, a mandatory environmental assessment worksheet is not required
for an animal feedlot facility with a capacity of less than 2,000 animal units or an expansion
of an existing animal feedlot facility with a total cumulative capacity of less than 2,000
animal units.
new text end

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

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

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

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

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

Sec. 16.

Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read:

Subd. 10.

Review.

A person aggrieved by a final decision on the need for an
environmental assessment worksheet, the need for an environmental impact statement, or
the adequacy of an environmental impact statement is entitled to judicial review of the
decision under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved
person for judicial review under sections 14.63 to 14.68 must be filed with the Court of
Appeals and served on the responsible governmental unit not more than deleted text begin 30 deleted text end new text begin 45 new text end days after
the deleted text begin party receives the final decision and order of the deleted text end responsible governmental unit new text begin provides
notice of the decision as required by law new text end . Proceedings for review under this section must
be instituted by serving a petition for a writ of certiorari personally or by certified mail upon
the responsible governmental unit and by promptly filing the proof of service in the Office
of the Clerk of the Appellate Courts and the matter will proceed in the manner provided by
the Rules of Civil Appellate Procedure. A copy of the petition must be provided to the
attorney general at the time of service. Copies of the writ must be served, personally or by
certified mail, upon the responsible governmental unit and the project proposer. The filing
of the writ of certiorari does not stay the enforcement of any other governmental action,
provided that the responsible governmental unit may stay enforcement or the Court of
Appeals may order a stay upon terms it deems proper. A bond may be required under section
562.02 unless at the time of hearing on the application for the bond the petitioner-relator
has shown that the claim is likely to succeed on the merits. The board may initiate judicial
review of decisions referred to herein and the board or a project proposer may intervene as
of right in any proceeding brought under this subdivision.

Sec. 17.

Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:

Subdivision 1.

Assessment.

The board deleted text begin shall deleted text end new text begin must new text end by rule adopt procedures to new text begin :
new text end

new text begin (1) new text end assess the proposer of a specific action for new text begin the responsible governmental unit's new text end
reasonable costs of preparing, reviewing, and distributing the environmental impact statement.
The costs deleted text begin shall deleted text end new text begin must new text end be determined by the responsible governmental unit deleted text begin pursuant deleted text end new text begin according new text end
to the rules deleted text begin promulgated deleted text end new text begin adopted new text end by the board new text begin ; and
new text end

new text begin (2) authorize a proposer of a specific action to prepare a draft environmental impact
statement for that action for submission to and review, modification, and determination of
completeness and adequacy by the responsible governmental unit new text end .

Sec. 18.

Minnesota Statutes 2016, section 116D.045, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Data classification. new text end

new text begin If a proposer of a specific action prepares a draft
environmental impact statement for that action according to rules adopted under subdivision
1, clause (2), the proposer is considered a government entity under chapter 13 and all data,
including communications, related to the action are public government data subject to
disclosure under chapter 13.
new text end

Sec. 19. new text begin SUSPENSION OF CERTAIN WATER QUALITY RULES.
new text end

new text begin Until July 1, 2019, the water quality standards or other water quality rule changes adopted
on or after July 2, 2014, that require a local unit of government to upgrade or update its
wastewater treatment facility or to construct a new wastewater treatment facility, are
suspended. Water quality standards and other water quality rules in effect on July 1, 2014,
are in effect until July 1, 2019. Any actions brought by the commissioner of the Pollution
Control Agency before, or contested cases under Minnesota Statutes, chapter 14, that are
pending on the effective date of this section, to enforce water quality standards or other
water quality rules adopted on or after July 2, 2014, are suspended until July 1, 2019.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
expires July 1, 2019.
new text end

APPENDIX

Repealed Minnesota Statutes: S0723-3

84.026 CONTRACTS AND GRANTS FOR PROVIDING NATURAL RESOURCES SERVICES.

No active language found for: 84.026.3

97C.701 TAKING MUSSELS.

No active language found for: 97C.701.1a

No active language found for: 97C.701.6

No active language found for: 97C.705

No active language found for: 97C.711

Repealed Minnesota Rule: S0723-3

6258.0100

[Repealed, L 2017 c 93 art 2 s 166]

6258.0200

[Repealed, L 2017 c 93 art 2 s 166]

6258.0300

[Repealed, L 2017 c 93 art 2 s 166]

6258.0400

[Repealed, L 2017 c 93 art 2 s 166]

6258.0500

[Repealed, L 2017 c 93 art 2 s 166]

6258.0600

[Repealed, L 2017 c 93 art 2 s 166]

Subpart 1.

[Repealed, L 2017 c 93 art 2 s 166]

Subp. 4.

[Repealed, L 2017 c 93 art 2 s 166]

Subp. 5.

[Repealed, L 2017 c 93 art 2 s 166]

6258.0800

[Repealed, L 2017 c 93 art 2 s 166]

6258.0900

[Repealed, L 2017 c 93 art 2 s 166]