Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

CHAPTER 4--S.F.No. 5

An act

relating to state government; appropriating money for agriculture, environment, and natural resources; modifying public entity purchasing requirements; modifying solid waste provisions; modifying subsurface sewage treatment systems provisions; modifying Dry Cleaner Environmental Response and Reimbursement Law; modifying environmental review; modifying structure of Minnesota Pollution Control Agency; modifying disposition of certain revenue; providing for temporary water surface use controls; providing for riparian buffers; providing for self-reporting of certain environmental violations; modifying compensable losses due to harmful substances; modifying invasive species provisions; modifying landowners' bill of rights; modifying state parks and trails provisions; modifying recreational vehicle provisions; modifying land sale and acquisition provisions; modifying forestry and timber provisions; modifying regulation of camper cabins and bunk houses; providing for all-terrain vehicle safety training indication on drivers' licenses and identification cards; creating accounts; modifying certain grant, permit, and fee provisions; modifying Water Law; modifying personal flotation device provisions; regulating wake surfing; modifying game and fish laws; modifying metropolitan area water supply planning provisions; regulating water quality standards; making policy and technical changes to various agricultural related provisions, including provisions related to pesticides, plant protection, fertilizers, nursery law, seeds, dairy, food handlers, food, farmland, farming, and loans; authorizing the Industrial Hemp Development Act; modifying license exclusions for the direct sale of certain prepared food; establishing the agriculture research, education, extension, and technology transfer grant program; providing incentive payments; providing a vocational training pilot program; establishing the farm opportunity loan program; requiring studies and reports; requiring rulemaking; providing criminal penalties;

amending Minnesota Statutes 2014, sections 3.737, by adding a subdivision; 13.643, subdivision 1; 16A.152, subdivisions 1b, 2; 16C.073, subdivision 2; 18B.01, subdivisions 28, 29; 18B.05, subdivision 1; 18B.32, subdivision 1; 18B.33, subdivision 1; 18B.34, subdivision 1; 18C.425, subdivision 6; 18C.70, subdivision 2; 18G.10, subdivisions 3, 4, 5; 18H.02, subdivision 20, by adding subdivisions; 18H.06, subdivision 2; 18H.07; 18H.17; 18J.01; 18J.02; 18J.03; 18J.04, subdivisions 1, 2, 3, 4; 18J.05, subdivisions 1, 2, 6; 18J.06; 18J.07, subdivisions 3, 4, 5; 18J.09; 18J.11, subdivision 1, by adding a subdivision; 21.89, subdivision 2; 21.891, subdivisions 2, 5; 25.341, subdivision 2; 25.39, subdivisions 1, 1a; 32.075; 32.105; 41B.03, subdivision 6, by adding a subdivision; 41B.04, subdivision 17; 41B.043, subdivision 3; 41B.045, subdivisions 3, 4; 41B.046, subdivision 5; 41B.047, subdivisions 1, as amended, 3, as amended, 4; 41B.048, subdivision 6; 41B.049, subdivision 4; 41B.055, subdivision 3; 41B.056, subdivision 2; 41B.06; 84.027, subdivision 13a; 84.0274, subdivisions 3, 5; 84.415, subdivision 7; 84.788, subdivision 5, by adding a subdivision; 84.82, subdivisions 2a, 6; 84.84; 84.92, subdivisions 8, 9, 10; 84.922, subdivision 4; 84.925, subdivision 5; 84.9256, subdivision 1; 84.928, subdivision 1; 84D.01, subdivisions 13, 15, 17, 18, by adding a subdivision; 84D.03, subdivision 3; 84D.06; 84D.10, subdivision 3; 84D.11, subdivision 1; 84D.12, subdivisions 1, 3; 84D.13, subdivision 5; 84D.15, subdivision 3; 85.015, subdivisions 7, 28, by adding subdivisions; 85.054, subdivision 12; 85.32, subdivision 1; 86B.201, by adding a subdivision; 86B.313, subdivisions 1, 4; 86B.315; 86B.401, subdivision 3; 87A.10; 88.17, subdivision 3; 88.49, subdivisions 3, 4, 5, 6, 7, 8, 9, 11; 88.491, subdivision 2; 88.50; 88.51, subdivisions 1, 3; 88.52, subdivisions 2, 3, 4, 5, 6; 88.523; 88.53, subdivisions 1, 2; 88.6435, subdivision 4; 90.14; 90.193; 94.10, subdivision 2; 94.16, subdivisions 2, 3; 97A.015, subdivision 49; 97A.045, subdivision 11; 97A.055, subdivision 4b; 97A.057, subdivision 1; 97A.211, subdivisions 1, 2; 97A.255, subdivision 4; 97A.411, subdivision 3; 97A.435, subdivision 4; 97A.465, by adding a subdivision; 97B.031, subdivision 5, by adding a subdivision; 97B.041; 97B.063; 97B.081, subdivision 3; 97B.085, subdivision 2; 97B.301, by adding a subdivision; 97B.668; 97C.301, by adding a subdivision; 97C.345, by adding a subdivision; 97C.501, subdivision 2; 103B.101, by adding subdivisions; 103B.3355; 103D.335, subdivision 21; 103F.421, subdivision 4, by adding a subdivision; 103F.612, subdivision 2; 103G.005, by adding a subdivision; 103G.222, subdivisions 1, 3; 103G.2242, subdivisions 1, 2, 3, 4, 12, 14; 103G.2251; 103G.245, subdivision 2; 103G.271, subdivisions 3, 5, 6a; 103G.287, subdivision 1; 103G.291, subdivision 3; 103G.301, subdivision 5a; 115.44, by adding a subdivision; 115.55, subdivision 1; 115.56, subdivision 2; 115A.03, subdivisions 25a, 32a; 115A.1314, subdivision 1; 115A.1415, subdivision 16; 115A.551, subdivision 2a; 115A.557, subdivision 2; 115A.93, subdivision 1; 115B.34, subdivision 2; 115B.48, by adding a subdivision; 116.02, subdivisions 1, 5; 116.03, subdivisions 1, 2a; 116.07, subdivisions 4d, 4j, 7; 116C.991; 116D.04, by adding a subdivision; 127A.353, subdivision 1; 135A.52, by adding a subdivision; 144.12, by adding a subdivision; 171.07, by adding a subdivision; 282.011, subdivision 3; 375.30, subdivision 2; 446A.073, subdivisions 1, 3, 4; 473.1565; 500.24, subdivision 4; 583.215; Laws 2010, chapter 215, article 3, section 5, subdivision 4; Laws 2014, chapter 312, article 12, sections 3; 6, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 18C; 28A; 41A; 41B; 84; 84D; 85; 92; 97A; 97B; 103B; 103F; 103G; 114C; 115; 115A; proposing coding for new law as Minnesota Statutes, chapter 18K; repealing Minnesota Statutes 2014, sections 17.115; 28A.15, subdivisions 9, 10; 84.68; 86B.13, subdivisions 2, 4; 88.47; 88.48; 88.49, subdivisions 1, 2, 10; 88.491, subdivision 1; 88.51, subdivision 2; 97A.475, subdivision 25; 103F.421, subdivision 5; 103F.451; 114D.50, subdivision 4a; 116.02, subdivisions 2, 3, 4, 6, 7, 8, 9, 10; 116V.03; 282.013; Laws 2010, chapter 215, article 3, section 3, subdivision 6, as amended; Minnesota Rules, part 6264.0400, subparts 27, 28.

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

ARTICLE 1

AGRICULTURE APPROPRIATIONS

Section 1.

new text begin AGRICULTURE APPROPRIATIONS new text end

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

new text begin APPROPRIATIONS new text end
new text begin Available for the Year new text end
new text begin Ending June 30 new text end
new text begin 2016 new text end new text begin 2017 new text end

Sec. 2.

new text begin DEPARTMENT OF AGRICULTURE new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation new text end

new text begin $ new text end new text begin 41,485,000 new text end new text begin $ new text end new text begin 45,537,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 40,907,000 new text end new text begin 44,959,000 new text end
new text begin Remediation new text end new text begin 388,000 new text end new text begin 388,000 new text end
new text begin Agricultural new text end new text begin 190,000 new text end new text begin 190,000 new text end

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

new text begin Subd. 2. new text end

new text begin Protection Services new text end

new text begin 16,452,000 new text end new text begin 16,402,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 15,874,000 new text end new text begin 15,824,000 new text end
new text begin Agricultural new text end new text begin 190,000 new text end new text begin 190,000 new text end
new text begin Remediation new text end new text begin 388,000 new text end new text begin 388,000 new text end

new text begin $25,000 the first year and $25,000 the second year are to develop and maintain cottage food license exemption outreach and training materials. new text end

new text begin $75,000 the first year is for the commissioner, in consultation with the Northeast Regional Corrections Center and the United Food and Commercial Workers, to study and provide recommendations for upgrading the existing processing facility on the campus of the Northeast Regional Corrections Center into a USDA-certified food processing facility. The commissioner shall report these recommendations to the chairs of the house of representatives and senate committees with jurisdiction over agriculture finance by March 15, 2016. new text end

new text begin $75,000 the second year is for a coordinator for the correctional facility vocational training pilot program. new text end

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

new text begin $225,000 the first year and $175,000 the second year are for compensation for destroyed or crippled animals under Minnesota Statutes, section 3.737. This appropriation may be spent to compensate for animals that were destroyed or crippled during fiscal years 2014 and 2015. If the amount in the first year is insufficient, the amount in the second year is available in the first year. new text end

new text begin $125,000 the first year and $125,000 the second year are for compensation for crop damage under Minnesota Statutes, section 3.7371. If the amount in the first year is insufficient, the amount in the second year is available in the first year. new text end

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

new text begin $70,000 the first year and $70,000 the second year are for additional cannery inspections. new text end

new text begin $100,000 the first year and $100,000 the second year are for increased oversight of delegated local health boards. new text end

new text begin $100,000 the first year and $100,000 the second year are to decrease the turnaround time for retail food handler plan reviews. new text end

new text begin $1,024,000 the first year and $1,024,000 the second year are to streamline the retail food safety regulatory and licensing experience for regulated businesses and to decrease the inspection delinquency rate. new text end

new text begin $1,350,000 the first year and $1,350,000 the second year are for additional inspections of food manufacturers and wholesalers. new text end

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

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

new text begin $250,000 the first year and $250,000 the second year are for additional meat inspection services, including inspections provided under the correctional facility vocational training pilot program. new text end

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

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

new text begin Subd. 3. new text end

new text begin Agricultural Marketing and Development new text end

new text begin 3,973,000 new text end new text begin 3,873,000 new text end

new text begin The commissioner may provide one-stop access for farmers in need of information or assistance to obtain or renew licenses, meet state regulatory requirements, or resolve disputes with state agencies. new text end

new text begin The commissioner must provide outreach to urban farmers regarding the department's financial and technical assistance programs and must assist urban farmers in applying for assistance. new text end

new text begin $100,000 the first year is to (1) enhance the commissioner's efforts to identify existing and emerging opportunities for Minnesota's agricultural producers and processors to export their products to Cuba, consistent with federal law, and (2) effectively communicate these opportunities to the producers and processors. new text end

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

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

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

new text begin Subd. 4. new text end

new text begin Agriculture, Bioenergy, and Bioproduct Advancement new text end

new text begin 14,993,000 new text end new text begin 19,010,000 new text end

new text begin $4,483,000 the first year and $8,500,000 the second year are for transfer to the agriculture research, education, extension, and technology transfer account under Minnesota Statutes, section 41A.14, subdivision 3. The transfer in this paragraph includes money for plant breeders at the University of Minnesota for wild rice, potatoes, and grapes. Of these amounts, at least $600,000 each year is for agriculture rapid response under Minnesota Statutes, section 41A.14, subdivision 1, clause (2). Of the amount appropriated in this paragraph, $1,000,000 each year is for transfer to the Board of Regents of the University of Minnesota for research to determine (1) what is causing avian influenza, (2) why some fowl are more susceptible, and (3) prevention measures that can be taken. Of the amount appropriated in this paragraph, $2,000,000 each year is for grants to the Minnesota Agriculture Education Leadership Council to enhance agricultural education with priority given to Farm Business Management challenge grants. new text end

new text begin To the extent practicable, funds expended under Minnesota Statutes, section 41A.14, subdivision 1, clauses (1) and (2), must supplement and not supplant existing sources and levels of funding. The commissioner may use up to 4.5 percent of this appropriation for costs incurred to administer the program. new text end

new text begin $10,235,000 the first year and $10,235,000 the second year are for the agricultural growth, research, and innovation program in Minnesota Statutes, section 41A.12. No later than February 1, 2016, and February 1, 2017, the commissioner must report to the legislative committees with jurisdiction over agriculture policy and finance regarding the commissioner's accomplishments and anticipated accomplishments in the following areas: facilitating the start-up, modernization, or expansion of livestock operations including beginning and transitioning livestock operations; developing new markets for Minnesota farmers by providing more fruits, vegetables, meat, grain, and dairy for Minnesota school children; assisting value-added agricultural businesses to begin or expand, access new markets, or diversify products; developing urban agriculture; facilitating the start-up, modernization, or expansion of other beginning and transitioning farms including loans under Minnesota Statutes, section 41B.056; sustainable agriculture on farm research and demonstration; development or expansion of food hubs and other alternative community-based food distribution systems; and research on bioenergy, biobased content, or biobased formulated products and other renewable energy development. The commissioner may use up to 4.5 percent of this appropriation for costs incurred to administer the program. Any unencumbered balance does not cancel at the end of the first year and is available for the second year. Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered under contract on or before June 30, 2017, for agricultural growth, research, and innovation grants are available until June 30, 2019. new text end

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

new text begin Of the amount appropriated for the agricultural growth, research, and innovation program in this subdivision, $1,000,000 the first year and $1,000,000 the second year are for distribution in equal amounts to each of the state's county fairs to preserve and promote Minnesota agriculture. new text end

new text begin Of the amount appropriated for the agricultural growth, research, and innovation program in this subdivision, $500,000 in fiscal year 2016 and $1,500,000 in fiscal year 2017 are for incentive payments under Minnesota Statutes, sections 41A.16, 41A.17, and 41A.18. If the appropriation exceeds the total amount for which all producers are eligible in a fiscal year, the balance of the appropriation is available to the commissioner for the agricultural growth, research, and innovation program. Notwithstanding Minnesota Statutes, section 16A.28, the first year appropriation is available until June 30, 2017, and the second year appropriation is available until June 30, 2018. The commissioner may use up to 4.5 percent of the appropriation for administration of the incentive payment programs. new text end

new text begin Of the amount appropriated for the agricultural growth, research, and innovation program in this subdivision, $250,000 the first year is for grants to communities to develop or expand food hubs and other alternative community-based food distribution systems. Of this amount, $50,000 is for the commissioner to consult with existing food hubs, alternative community-based food distribution systems, and University of Minnesota Extension to identify best practices for use by other Minnesota communities. No later than December 15, 2015, the commissioner must report to the legislative committees with jurisdiction over agriculture and health regarding the status of emerging alternative community-based food distribution systems in the state along with recommendations to eliminate any barriers to success. This is a onetime appropriation. new text end

new text begin $250,000 the first year and $250,000 the second year are for grants that enable retail petroleum dispensers to dispense biofuels to the public in accordance with the biofuel replacement goals established under Minnesota Statutes, section 239.7911. A retail petroleum dispenser selling petroleum for use in spark ignition engines for vehicle model years after 2000 is eligible for grant money under this paragraph if the retail petroleum dispenser has no more than 15 retail petroleum dispensing sites and each site is located in Minnesota. The grant money received under this paragraph must be used for the installation of appropriate technology that uses fuel dispensing equipment appropriate for at least one fuel dispensing site to dispense gasoline that is blended with 15 percent of agriculturally derived, denatured ethanol, by volume, and appropriate technical assistance related to the installation. A grant award must not exceed 85 percent of the cost of the technical assistance and appropriate technology, including remetering of and retrofits for retail petroleum dispensers and replacement of petroleum dispenser projects. The commissioner may use up to $35,000 of this appropriation for administrative expenses. The commissioner shall cooperate with biofuel stakeholders in the implementation of the grant program. The commissioner must report to the legislative committees with jurisdiction over agriculture policy and finance by February 1 each year, detailing the number of grants awarded under this paragraph and the projected effect of the grant program on meeting the biofuel replacement goals under Minnesota Statutes, section 239.7911. These are onetime appropriations. new text end

new text begin $25,000 the first year and $25,000 the second year are for grants to the Southern Minnesota Initiative Foundation to promote local foods through an annual event that raises public awareness of local foods and connects local food producers and processors with potential buyers. new text end

new text begin Subd. 5. new text end

new text begin Administration and Financial Assistance new text end

new text begin 6,067,000 new text end new text begin 6,252,000 new text end

new text begin $150,000 the first year and $150,000 the second year are for grants to the Center for Rural Policy and Development. new text end

new text begin The base for the farm-to-foodshelf program in fiscal years 2018 and 2019 is $1,100,000 each year. new text end

new text begin $25,000 the first year is for the livestock industry study. new text end

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

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

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

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

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

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

new text begin $550,000 the first year and $550,000 the second year are for grants to Second Harvest Heartland on behalf of Minnesota's six Second Harvest food banks for the purchase of milk for distribution to Minnesota's food shelves and other charitable organizations that are eligible to receive food from the food banks. Milk purchased under the grants must be acquired from Minnesota milk processors and based on low-cost bids. The milk must be allocated to each Second Harvest food bank serving Minnesota according to the formula used in the distribution of United States Department of Agriculture commodities under The Emergency Food Assistance Program (TEFAP). Second Harvest Heartland must submit quarterly reports to the commissioner on forms prescribed by the commissioner. The reports must include, but are not limited to, information on the expenditure of funds, the amount of milk purchased, and the organizations to which the milk was distributed. Second Harvest Heartland may enter into contracts or agreements with food banks for shared funding or reimbursement of the direct purchase of milk. Each food bank receiving money from this appropriation may use up to two percent of the grant for administrative expenses. new text end

new text begin $113,000 the first year and $113,000 the second year are for transfer to the Board of Trustees of the Minnesota State Colleges and Universities for statewide mental health counseling support to farm families and business operators. South Central College shall serve as the fiscal agent. new text end

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

Sec. 3.

new text begin BOARD OF ANIMAL HEALTH new text end

new text begin $ new text end new text begin 5,318,000 new text end new text begin $ new text end new text begin 5,384,000 new text end

Sec. 4.

new text begin AGRICULTURAL UTILIZATION RESEARCH INSTITUTE new text end

new text begin $ new text end new text begin 3,643,000 new text end new text begin $ new text end new text begin 3,643,000 new text end

Sec. 5.

new text begin AVIAN INFLUENZA RESPONSE ACTIVITIES; APPROPRIATIONS AND TRANSFERS. new text end

new text begin (a) $3,619,000 is appropriated from the general fund in fiscal year 2016 to the commissioner of agriculture for avian influenza emergency response activities. The commissioner may use money appropriated under this paragraph to purchase necessary euthanasia and composting equipment and to reimburse costs incurred by local units of government directly related to avian influenza emergency response activities that are not eligible for federal reimbursement. This appropriation is available the day following final enactment until June 30, 2017. new text end

new text begin (b) $1,853,000 is appropriated from the general fund in fiscal year 2016 to the Board of Animal Health for avian influenza emergency response activities. The Board may use money appropriated under this paragraph to purchase necessary euthanasia and composting equipment. This appropriation is available the day following final enactment until June 30, 2017. new text end

new text begin (c) $103,000 is appropriated from the general fund in fiscal year 2016 to the commissioner of health for avian influenza emergency response activities. This appropriation is available the day following final enactment until June 30, 2017. new text end

new text begin (d) $350,000 is appropriated from the general fund in fiscal year 2016 to the commissioner of natural resources for sampling wild animals to detect and monitor the avian influenza virus. This appropriation may also be used to conduct serology sampling, in consultation with the Board of Animal Health and the University of Minnesota Pomeroy Chair in Avian Health, from birds within a control zone and outside of a control zone. This appropriation is available the day following final enactment until June 30, 2017. new text end

new text begin (e) $544,000 is appropriated from the general fund in fiscal year 2016 to the commissioner of public safety to operate the State Emergency Operation Center in coordination with the statewide avian influenza response activities. Appropriations under this paragraph may also be used to support a staff person at the state's agricultural incident command post in Willmar. This appropriation is available the day following final enactment until June 30, 2017. new text end

new text begin (f) The commissioner of management and budget may transfer unexpended balances from the appropriations in this section to any state agency for operating expenses related to avian influenza emergency response activities. The commissioner of management and budget must report each transfer to the chairs and ranking minority members of the senate Committee on Finance and the house of representatives Committee on Ways and Means. new text end

new text begin (g) In addition to the transfers required under Laws 2015, chapter 65, article 1, section 17, no later than September 30, 2015, the commissioner of management and budget must transfer $4,400,000 from the fiscal year 2015 closing balance in the general fund to the disaster assistance contingency account in Minnesota Statutes, section 12.221, subdivision 6. This amount is available for avian influenza emergency response activities as provided in Laws 2015, chapter 65, article 1, section 18. new text end

Sec. 6.

new text begin RURAL FINANCE AUTHORITY; APPROPRIATION. new text end

new text begin $10,000,000 is appropriated in fiscal year 2016 from the general fund to the commissioner of agriculture for transfer to the rural finance authority revolving loan account under Minnesota Statutes, section 41B.06, for the purposes of disaster recovery loans under Minnesota Statutes, section 41B.047. This appropriation is available the day following final enactment until June 30, 2017. new text end

Sec. 7.

new text begin AVIAN INFLUENZA; FEDERAL FUNDS APPROPRIATION AND REPORTING. new text end

new text begin All federal money received in fiscal years 2015 through 2017 by the Board of Animal Health or the commissioner of agriculture, health, natural resources, or public safety to address avian influenza is appropriated in the fiscal year when it is received. Before spending federal funds appropriated in this section, the commissioner of management and budget shall report the anticipated federal funds appropriated under this section and their intended purpose to the Legislative Advisory Commission, consistent with the urgent federal funds request procedure under Minnesota Statutes, section 3.3005, subdivision 4. By January 15, 2018, the commissioner of management and budget shall report the actual federal funds received and appropriated under this section and their actual use to the Legislative Advisory Commission. new text end

Sec. 8.

new text begin EFFECTIVE DATE. new text end

new text begin Sections 5 to 7 are effective the day following final enactment. new text end

ARTICLE 2

AGRICULTURE POLICY

Section 1.

Minnesota Statutes 2014, section 3.737, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Federal reimbursement. new text end

new text begin The commissioner must pursue federal reimbursement for any compensation payment issued under this section while: new text end

new text begin (1) the United States Fish and Wildlife Service lists the Minnesota population of gray wolves as endangered and threatened wildlife under the federal Endangered Species Act; or new text end

new text begin (2) the federal government otherwise prohibits livestock producers from protecting their livestock from wolf depredation. new text end

Sec. 2.

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

Subdivision 1.

Department of Agriculture data.

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

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

Sec. 3.

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

Subd. 28.

Structural pest.

"Structural pest" means deleted text begin adeleted text end new text begin an invertebratenew text end pestdeleted text begin , other than a plant,deleted text end new text begin or commensal rodentnew text end in, on, under, or near a structurenew text begin such as a residential or commercial buildingnew text end .

Sec. 4.

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

Subd. 29.

Structural pest control.

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

Sec. 5.

Minnesota Statutes 2014, section 18B.05, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

A pesticide regulatory account is established in the agricultural fund. Fees, assessments, and penalties collected under this chapter must be deposited in the agricultural fund and credited to the pesticide regulatory account. Money in the account, including interest, is appropriated to the commissioner for the administration and enforcement of this chapternew text begin and up to $20,000 per fiscal year may also be used by the commissioner for purposes of section 18H.14, paragraph (e)new text end .

Sec. 6.

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

Subdivision 1.

Requirement.

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

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

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

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

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

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

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

Sec. 7.

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

Subdivision 1.

Requirement.

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

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

Sec. 8.

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

Subdivision 1.

Requirement.

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

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

Sec. 9.

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

Subd. 6.

Payment of inspection fee.

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

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

(c) The person responsible for payment of the inspection fees for fertilizers, soil amendments, or plant amendments sold and used in this state must pay an inspection fee of deleted text begin 30deleted text end new text begin 39new text end cents per ton, and until June 30, 2019, an additional 40 cents per ton, of fertilizer, soil amendment, and plant amendment sold or distributed in this state, with a minimum of $10 on all tonnage reports. new text begin Notwithstanding section 18C.131, the commissioner must deposit all revenue from the additional 40 cent per ton fee in the agricultural fertilizer research and education account in section 18C.80. new text end Products sold or distributed to manufacturers or exchanged between them are exempt from the inspection fee imposed by this subdivision if the products are used exclusively for manufacturing purposes.

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

Sec. 10.

Minnesota Statutes 2014, section 18C.70, subdivision 2, is amended to read:

Subd. 2.

Powers and duties.

The council must review applications and select projects to receive agricultural fertilizer research and education program grants, as authorized in section 18C.71. The council must establish a program to provide grants to research, education, and technology transfer projects related to agricultural fertilizer, soil amendments, and plant amendments. For the purpose of this section, "fertilizer" includes soil amendments and plant amendments, but does not include vegetable or animal manures that are not manipulated. The commissioner is responsible for all fiscal and administrative duties deleted text begin in the first year and may use up to eight percent of program revenue to offset costs incurred. No later than October 1, 2007, the commissioner must provide the council with an estimate of the annual costs the commissioner would incur in administering the programdeleted text end .

Sec. 11.

new text begin [18C.80] AGRICULTURAL FERTILIZER RESEARCH AND EDUCATION ACCOUNT. new text end

new text begin Subdivision 1. new text end

new text begin Account; appropriation. new text end

new text begin An agricultural fertilizer research and education account is established in the agricultural fund. Money in the account, including interest earned, is appropriated to the commissioner for grants determined by the Minnesota Agricultural Fertilizer Research and Education Council under section 18C.71. The commissioner may use up to $80,000 each fiscal year for direct costs incurred to provide fiscal and administrative support to the council as required under section 18C.70, subdivision 2. The commissioner may also recover associated indirect costs from the account as required under section 16A.127. new text end

new text begin Subd. 2. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2020. new text end

Sec. 12.

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

Subd. 3.

Cooperative agreements.

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

Sec. 13.

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

Subd. 4.

Phytosanitary and export certificates.

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

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

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

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

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

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

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

Sec. 14.

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

Subd. 5.

Certificate fees.

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

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

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

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

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

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

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

Sec. 15.

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

Subd. 20.

Nursery stock.

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

(1) field and forage cropsnew text begin or sodnew text end ;

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

(3) vegetable plants, bulbs, or tubers;

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

(5) annuals; or

(6) Christmas trees.

Sec. 16.

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

new text begin Subd. 32a. new text end

new text begin Sod. new text end

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

Sec. 17.

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

new text begin Subd. 35. new text end

new text begin Tropical plant. new text end

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

Sec. 18.

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

Subd. 2.

Occasional sales.

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

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

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

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

(4) new text begin the individual new text end conducts sales or distributions of nursery stock on ten or fewer days in a calendar year.

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

Sec. 19.

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

18H.07 FEE SCHEDULE.

Subdivision 1.

Establishment of fees.

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

Subd. 2.

Nursery stock grower certificate.

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

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

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

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

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

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

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

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

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

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

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

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

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

Subd. 3.

Nursery stock dealer certificate.

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

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

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

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

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

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

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

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

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

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

Subd. 4.

Reinspection; additional or optional inspection fees.

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

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

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

Sec. 20.

Minnesota Statutes 2014, section 18H.17, is amended to read:

18H.17 NURSERY AND PHYTOSANITARY ACCOUNT.

A nursery and phytosanitary account is established in the state treasury. The fees and penalties collected under this chapter and interest attributable to money in the account must be deposited in the state treasury and credited to the nursery and phytosanitary account in the agricultural fund. Money in the account, including interest earned, is annually appropriated to the commissioner for the administration and enforcement for this chapter.new text begin The commissioner may spend no more than $20,000 from the account each fiscal year for purposes of section 18H.14, paragraph (e).new text end

Sec. 21.

Minnesota Statutes 2014, section 18J.01, is amended to read:

18J.01 DEFINITIONS.

(a) The definitions in sections 18G.02, 18H.02, new text begin 18K.02new text end new text begin , new text end 27.01, 223.16, 231.01, and 232.21 apply to this chapter.

(b) For purposes of this chapter, "associated rules" means rules adopted under this chapter, chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232, or sections 21.80 to 21.92.

new text begin EFFECTIVE DATE. new text end

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

Sec. 22.

Minnesota Statutes 2014, section 18J.02, is amended to read:

18J.02 DUTIES OF COMMISSIONER.

The commissioner shall administer and enforce this chapter, chapters 18G, 18H, new text begin 18K, new text end 27, 223, 231, and 232; sections 21.80 to 21.92; and associated rules.

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2014, section 18J.03, is amended to read:

18J.03 CIVIL LIABILITY.

A person regulated by this chapter, chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232, or sections 21.80 to 21.92, is civilly liable for any violation of one of those statutes or associated rules by the person's employee or agent.

new text begin EFFECTIVE DATE. new text end

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

Sec. 24.

Minnesota Statutes 2014, section 18J.04, subdivision 1, is amended to read:

Subdivision 1.

Access and entry.

The commissioner, upon presentation of official department credentials, must be granted immediate access at reasonable times to sites where a person manufactures, distributes, uses, handles, disposes of, stores, or transports seeds, plants, grain, household goods, general merchandise, produce, or other living or nonliving products or other objects regulated under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules.

new text begin EFFECTIVE DATE. new text end

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

Sec. 25.

Minnesota Statutes 2014, section 18J.04, subdivision 2, is amended to read:

Subd. 2.

Purpose of entry.

(a) The commissioner may enter sites for:

(1) inspection of inventory and equipment for the manufacture, storage, handling, distribution, disposal, or any other process regulated under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;

(2) sampling of sites, seeds, plants, products, grain, household goods, general merchandise, produce, or other living or nonliving objects that are manufactured, stored, distributed, handled, or disposed of at those sites and regulated under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;

(3) inspection of records related to the manufacture, distribution, storage, handling, or disposal of seeds, plants, products, grain, household goods, general merchandise, produce, or other living or nonliving objects regulated under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;

(4) investigating compliance with chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules; or

(5) other purposes necessary to implement chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules.

(b) The commissioner may enter any public or private premises during or after regular business hours without notice of inspection when a suspected violation of chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may threaten public health or the environment.

new text begin EFFECTIVE DATE. new text end

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

Sec. 26.

Minnesota Statutes 2014, section 18J.04, subdivision 3, is amended to read:

Subd. 3.

Notice of inspection samples and analyses.

(a) The commissioner shall provide the owner, operator, or agent in charge with a receipt describing any samples obtained. If requested, the commissioner shall split any samples obtained and provide them to the owner, operator, or agent in charge. If an analysis is made of the samples, a copy of the results of the analysis must be furnished to the owner, operator, or agent in charge within 30 days after an analysis has been performed. If an analysis is not performed, the commissioner must notify the owner, operator, or agent in charge within 30 days of the decision not to perform the analysis.

(b) The sampling and analysis must be done according to methods provided for under applicable provisions of chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules. In cases not covered by those sections and methods or in cases where methods are available in which improved applicability has been demonstrated the commissioner may adopt appropriate methods from other sources.

new text begin EFFECTIVE DATE. new text end

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

Sec. 27.

Minnesota Statutes 2014, section 18J.04, subdivision 4, is amended to read:

Subd. 4.

Inspection requests by others.

(a) A person who believes that a violation of chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules has occurred may request an inspection by giving notice to the commissioner of the violation. The notice must be in writing, state with reasonable particularity the grounds for the notice, and be signed by the person making the request.

(b) If after receiving a notice of violation the commissioner reasonably believes that a violation has occurred, the commissioner shall make a special inspection in accordance with the provisions of this section as soon as practicable, to determine if a violation has occurred.

(c) An inspection conducted pursuant to a notice under this subdivision may cover an entire site and is not limited to the portion of the site specified in the notice. If the commissioner determines that reasonable grounds to believe that a violation occurred do not exist, the commissioner must notify the person making the request in writing of the determination.

new text begin EFFECTIVE DATE. new text end

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

Sec. 28.

Minnesota Statutes 2014, section 18J.05, subdivision 1, is amended to read:

Subdivision 1.

Enforcement required.

(a) A violation of chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or an associated rule is a violation of this chapter.

(b) Upon the request of the commissioner, county attorneys, sheriffs, and other officers having authority in the enforcement of the general criminal laws must take action to the extent of their authority necessary or proper for the enforcement of chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules or valid orders, standards, stipulations, and agreements of the commissioner.

new text begin EFFECTIVE DATE. new text end

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

Sec. 29.

Minnesota Statutes 2014, section 18J.05, subdivision 2, is amended to read:

Subd. 2.

Commissioner's discretion.

If minor violations of chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules occur or the commissioner believes the public interest will be best served by a suitable notice of warning in writing, this section does not require the commissioner to:

(1) report the violation for prosecution;

(2) institute seizure proceedings; or

(3) issue a withdrawal from distribution, stop-sale, or other order.

new text begin EFFECTIVE DATE. new text end

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

Sec. 30.

Minnesota Statutes 2014, section 18J.05, subdivision 6, is amended to read:

Subd. 6.

Agent for service of process.

All persons licensed, permitted, registered, or certified under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules must appoint the commissioner as the agent upon whom all legal process may be served and service upon the commissioner is deemed to be service on the licensee, permittee, registrant, or certified person.

new text begin EFFECTIVE DATE. new text end

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

Sec. 31.

Minnesota Statutes 2014, section 18J.06, is amended to read:

18J.06 FALSE STATEMENT OR RECORD.

A person must not knowingly make or offer a false statement, record, or other information as part of:

(1) an application for registration, license, certification, or permit under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;

(2) records or reports required under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules; or

(3) an investigation of a violation of chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules.

new text begin EFFECTIVE DATE. new text end

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

Sec. 32.

Minnesota Statutes 2014, section 18J.07, subdivision 3, is amended to read:

Subd. 3.

Cancellation of registration, permit, license, certification.

The commissioner may cancel or revoke a registration, permit, license, or certification provided for under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules or refuse to register, permit, license, or certify under provisions of chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules if the registrant, permittee, licensee, or certified person has used fraudulent or deceptive practices in the evasion or attempted evasion of a provision of chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules.

new text begin EFFECTIVE DATE. new text end

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

Sec. 33.

Minnesota Statutes 2014, section 18J.07, subdivision 4, is amended to read:

Subd. 4.

Service of order or notice.

(a) If a person is not available for service of an order, the commissioner may attach the order to the facility, site, seed or seed container, plant or other living or nonliving object regulated under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules and notify the owner, custodian, other responsible party, or registrant.

(b) The seed, seed container, plant, or other living or nonliving object regulated under chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may not be sold, used, tampered with, or removed until released under conditions specified by the commissioner, by an administrative law judge, or by a court.

new text begin EFFECTIVE DATE. new text end

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

Sec. 34.

Minnesota Statutes 2014, section 18J.07, subdivision 5, is amended to read:

Subd. 5.

Unsatisfied judgments.

(a) An applicant for a license, permit, registration, or certification under provisions of this chapter, chapter 18G, 18H, new text begin 18K, new text end 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may not allow a final judgment against the applicant for damages arising from a violation of those statutes or rules to remain unsatisfied for a period of more than 30 days.

(b) Failure to satisfy, within 30 days, a final judgment resulting from a violation of this chapter results in automatic suspension of the license, permit, registration, or certification.

new text begin EFFECTIVE DATE. new text end

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

Sec. 35.

Minnesota Statutes 2014, section 18J.09, is amended to read:

18J.09 CREDITING OF PENALTIES, FEES, AND COSTS.

Penalties, cost reimbursements, fees, and other money collected under this chapter must be deposited into the state treasury and credited to the appropriate nursery and phytosanitarynew text begin , industrial hemp,new text end or seed account.

new text begin EFFECTIVE DATE. new text end

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

Sec. 36.

Minnesota Statutes 2014, section 18J.11, subdivision 1, is amended to read:

Subdivision 1.

General violation.

Except as provided in subdivisions 2 deleted text begin anddeleted text end new text begin ,new text end 3new text begin , and 4new text end , a person is guilty of a misdemeanor if the person violates this chapter or an order, standard, stipulation, agreement, or schedule of compliance of the commissioner.

new text begin EFFECTIVE DATE. new text end

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

Sec. 37.

Minnesota Statutes 2014, section 18J.11, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Controlled substance offenses. new text end

new text begin Prosecution under this section does not preclude prosecution under chapter 152. 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. 38.

new text begin [18K.01] SHORT TITLE. new text end

new text begin This chapter may be referred to as the "Industrial Hemp Development Act." 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. 39.

new text begin [18K.02] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to this chapter. new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of agriculture. new text end

new text begin Subd. 3. new text end

new text begin Industrial hemp. new text end

new text begin "Industrial hemp" means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9. new text end

new text begin Subd. 4. new text end

new text begin Marijuana. new text end

new text begin "Marijuana" has the meaning given in section 152.01, subdivision 9. 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. 40.

new text begin [18K.03] AGRICULTURAL CROP; POSSESSION AUTHORIZED. new text end

new text begin Industrial hemp is an agricultural crop in this state. A person may possess, transport, process, sell, or buy industrial hemp that is grown pursuant to this chapter. 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. 41.

new text begin [18K.04] LICENSING. new text end

new text begin Subdivision 1. new text end

new text begin Requirement; issuance; presumption. new text end

new text begin (a) A person must obtain a license from the commissioner before growing industrial hemp for commercial purposes. A person must apply to the commissioner in the form prescribed by the commissioner and must pay the annual registration and inspection fee established by the commissioner in accordance with section 16A.1285, subdivision 2. The license application must include the name and address of the applicant and the legal description of the land area or areas where industrial hemp will be grown by the applicant. new text end

new text begin (b) When an applicant has paid the fee and completed the application process to the satisfaction of the commissioner, the commissioner must issue a license which is valid until December 31 of the year of application. new text end

new text begin (c) A person licensed under this section is presumed to be growing industrial hemp for commercial purposes. new text end

new text begin Subd. 2. new text end

new text begin Background check; data classification. new text end

new text begin The commissioner must require each first-time applicant for a license to submit to a background investigation conducted by the Bureau of Criminal Apprehension as a condition of licensure. As part of the background investigation, the Bureau of Criminal Apprehension must conduct criminal history checks of Minnesota records and is authorized to exchange fingerprints with the United States Department of Justice, Federal Bureau of Investigation for the purpose of a criminal background check of the national files. The cost of the investigation must be paid by the applicant. Criminal history records provided to the commissioner under this section must be treated as private data on individuals, as defined in section 13.02, subdivision 12. new text end

new text begin Subd. 3. new text end

new text begin Federal requirements. new text end

new text begin The applicant must demonstrate to the satisfaction of the commissioner that the applicant has complied with all applicable federal requirements pertaining to the production, distribution, and sale of industrial hemp. 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. 42.

new text begin [18K.05] ANNUAL REPORT; SALES NOTIFICATION. new text end

new text begin (a) Annually, a licensee must file with the commissioner: new text end

new text begin (1) documentation demonstrating to the commissioner's satisfaction that the seeds planted by the licensee are of a type and variety that contain no more than three-tenths of one percent delta-9 tetrahydrocannabinol; and new text end

new text begin (2) a copy of any contract to grow industrial hemp. new text end

new text begin (b) Within 30 days, a licensee must notify the commissioner of each sale or distribution of industrial hemp grown by the licensee including, but not limited to, the name and address of the person receiving the industrial hemp and the amount of industrial hemp sold or distributed. 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. 43.

new text begin [18K.06] RULEMAKING. new text end

new text begin (a) The commissioner shall adopt rules governing the production, testing, and licensing of industrial hemp. new text end

new text begin (b) Rules adopted under paragraph (a) must include, but not be limited to, provisions governing: new text end

new text begin (1) the supervision and inspection of industrial hemp during its growth and harvest; new text end

new text begin (2) the testing of industrial hemp to determine delta-9 tetrahydrocannabinol levels; new text end

new text begin (3) the use of background checks results required under section 18K.04 to approve or deny a license application; and new text end

new text begin (4) any other provision or procedure necessary to carry out the purposes of this chapter. new text end

new text begin (c) Rules issued under this section must be consistent with federal law regarding the production, distribution, and sale of industrial hemp. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the federal government authorizes the commercial production of industrial hemp in this country. new text end

Sec. 44.

new text begin [18K.07] FEES. new text end

new text begin Fees collected under this chapter must be credited to the industrial hemp account, which is hereby established in the agricultural fund in the state treasury. Interest earned in the account accrues to the account. Funds in the industrial hemp account are annually appropriated to the commissioner to implement and enforce this chapter. 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. 45.

new text begin [18K.08] DEFENSE FOR POSSESSION OF MARIJUANA. new text end

new text begin It is an affirmative defense to a prosecution for the possession of marijuana under chapter 152 if: new text end

new text begin (1) the defendant possesses industrial hemp grown pursuant to this chapter; or new text end

new text begin (2) the defendant has a valid controlled substance registration from the United States Department of Justice, Drug Enforcement Administration, if required under federal law. 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. 46.

new text begin [18K.09] PILOT PROGRAM; OTHER RESEARCH AUTHORIZED. new text end

new text begin Subdivision 1. new text end

new text begin Authorized activity. new text end

new text begin The commissioner may grow or cultivate industrial hemp pursuant to a pilot program administered by the commissioner to study the growth, cultivation, or marketing of industrial hemp. The commissioner may: (1) authorize institutions of higher education to grow or cultivate industrial hemp as part of the commissioner's pilot program or as is necessary to perform other agricultural, renewable energy, or academic research; and (2) contract with public or private entities for testing or other activities authorized under this subdivision. Authorized activity under this section may include collecting seed from wild hemp sources. new text end

new text begin Subd. 2. new text end

new text begin Site registration. new text end

new text begin Before growing or cultivating industrial hemp pursuant to this section, each site must be registered with and certified by the commissioner. A person must register each site annually in the form prescribed by the commissioner and must pay the annual registration and certification fee established by the commissioner in accordance with section 16A.1285, subdivision 2. new text end

new text begin Subd. 3. new text end

new text begin Rulemaking. new text end

new text begin The commissioner may adopt rules that govern the pilot program pursuant to this section and Public Law 113-79. 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. 47.

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

Subd. 2.

Permits; issuance and revocation.

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

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

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

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

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

Sec. 48.

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

Subd. 2.

Seed fee permits.

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

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

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

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

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

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

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

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

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

new text begin (7) for gross sales of $1,000,001 and above, the annual permit fee is $4,500new text end .

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

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

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

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

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

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

(6) sugar beet, deleted text begin $3.29deleted text end new text begin 12 centsnew text end per deleted text begin hundredweightdeleted text end new text begin 100,000 seed unitnew text end ; deleted text begin anddeleted text end

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

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

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

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

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

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

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

Sec. 49.

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

Subd. 5.

Brand name registration fee.

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

Sec. 50.

Minnesota Statutes 2014, section 25.341, subdivision 2, is amended to read:

Subd. 2.

Application; fee; term.

A person who is required to have a commercial feed license shall submit an application on a form provided or approved by the commissioner accompanied by a fee of deleted text begin $25deleted text end new text begin $75 new text end paid to the commissioner for each location. A license is not transferable from one person to another, from one ownership to another, or from one location to another. The license year is the calendar year. A license expires on December 31 of the year for which it is issued, except that a license is valid through January 31 of the next year or until the issuance of the renewal license, whichever comes first, if the licensee has filed a renewal application with the commissioner on or before December 31 of the year for which the current license was issued. Any person who is required to have, but fails to obtain a license or a licensee who fails to comply with license renewal requirements, shall pay a deleted text begin $50deleted text end new text begin $100new text end late fee in addition to the license fee.

Sec. 51.

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

Subdivision 1.

Amount of fee.

(a) An inspection fee at the rate of 16 cents per ton must be paid to the commissioner on commercial feeds distributed in this state by the person who first distributes the commercial feed, except that:

(1) no fee need be paid on:

(i) a commercial feed if the payment has been made by a previous distributor; or

(ii) customer formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients; or

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

(b) In the case of pet food distributed in the state only in packages of ten pounds or less, a listing of each product and a current label for each product must be submitted annually on forms provided by the commissioner and accompanied by an annual fee of deleted text begin $50deleted text end new text begin $100new text end for each product in lieu of the inspection fee. This annual fee is due by July 1. The inspection fee required by paragraph (a) applies to pet food distributed in packages exceeding ten pounds.

(c) In the case of specialty pet food distributed in the state only in packages of ten pounds or less, a listing of each product and a current label for each product must be submitted annually on forms provided by the commissioner and accompanied by an annual fee of deleted text begin $25deleted text end new text begin $100 new text end for each product in lieu of the inspection fee. This annual fee is due by July 1. The inspection fee required by paragraph (a) applies to specialty pet food distributed in packages exceeding ten pounds.

(d) The minimum inspection fee is deleted text begin $10deleted text end new text begin $75 new text end per annual reporting period.

Sec. 52.

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

Subd. 1a.

Containers of ten pounds or less.

A distributor who is subject to the annual fee specified in subdivision 1, paragraph (b) or (c), shall do the following:

(1) before beginning distribution, file with the commissioner a listing of pet and specialty pet foods to be distributed in the state only in containers of ten pounds or less, on forms provided by the commissioner. The listing under this clause must be renewed annually before July 1 and is the basis for the payment of the annual fee. New products added during the year must be submitted to the commissioner as a supplement to the annual listing before distribution; and

(2) if the annual renewal of the listing is not received before July 1 or if an unlisted product is distributed, pay a late filing fee of deleted text begin $10deleted text end new text begin $100new text end per product in addition to the normal charge for the listing. The late filing fee under this clause is in addition to any other penalty under this chapter.

Sec. 53.

new text begin [28A.152] COTTAGE FOODS EXEMPTION. new text end

new text begin Subdivision 1. new text end

new text begin Licensing provisions applicability. new text end

new text begin (a) The licensing provisions of sections 28A.01 to 28A.16 do not apply to the following: new text end

new text begin (1) an individual who prepares and sells food that is not potentially hazardous food, as defined in Minnesota Rules, part 4626.0020, subpart 62, if the following requirements are met: new text end

new text begin (i) the prepared food offered for sale under this clause is labeled to accurately reflect the name and address of the individual preparing and selling the food, the date on which the food was prepared, and the ingredients and any possible allergens; and new text end

new text begin (ii) the individual displays at the point of sale a clearly legible sign or placard stating: "These products are homemade and not subject to state inspection."; and new text end

new text begin (2) an individual who prepares and sells home-processed and home-canned food products if the following requirements are met: new text end

new text begin (i) the products are pickles, vegetables, or fruits having an equilibrium pH value of 4.6 or lower; new text end

new text begin (ii) the products are home-processed and home-canned in Minnesota; new text end

new text begin (iii) the individual displays at the point of sale a clearly legible sign or placard stating: "These canned goods are homemade and not subject to state inspection."; and new text end

new text begin (iv) each container of the product sold or offered for sale under this clause is accurately labeled to provide the name and address of the individual who processed and canned the goods, the date on which the goods were processed and canned, and ingredients and any possible allergens. new text end

new text begin (b) An individual who qualifies for an exemption under paragraph (a), clause (2), is also exempt from the provisions of sections 31.31 and 31.392. new text end

new text begin Subd. 2. new text end

new text begin Direct sales to consumers. new text end

new text begin (a) An individual qualifying for an exemption under subdivision 1 may sell the exempt food: new text end

new text begin (1) directly to the ultimate consumer; new text end

new text begin (2) at a community event or farmers' market; or new text end

new text begin (3) directly from the individual's home to the consumer, to the extent allowed by local ordinance. new text end

new text begin (b) If an exempt food product will be delivered to the ultimate consumer upon sale of the food product, the individual who prepared the food product must be the person who delivers the food product to the ultimate consumer. new text end

new text begin (c) Food products exempt under subdivision 1, paragraph (a), clause (2), may not be sold outside of Minnesota. new text end

new text begin (d) Food products exempt under subdivision 1 may be sold over the Internet but must be delivered directly to the ultimate consumer by the individual who prepared the food product. The statement "These products are homemade and not subject to state inspection." must be displayed on the Web site that offers the exempt foods for purchase. new text end

new text begin Subd. 3. new text end

new text begin Limitation on sales. new text end

new text begin An individual selling exempt foods under this section is limited to total sales with gross receipts of $18,000 or less in a calendar year. new text end

new text begin Subd. 4. new text end

new text begin Registration. new text end

new text begin An individual who prepares and sells exempt food under subdivision 1 must register annually with the commissioner. The annual registration fee is $50. An individual with $5,000 or less in annual gross receipts from the sale of exempt food under this section is not required to pay the registration fee. new text end

new text begin Subd. 5. new text end

new text begin Training. new text end

new text begin (a) An individual with gross receipts between $5,000 and $18,000 in a calendar year from the sale of exempt food under this section must complete a safe food handling training course that is approved by the commissioner before registering under subdivision 4. The training shall not exceed eight hours and must be completed every three years while the individual is registered under subdivision 4. new text end

new text begin (b) An individual with gross receipts of less than $5,000 in a calendar year from the sale of exempt food under this section must satisfactorily complete an online course and exam as approved by the commissioner before registering under subdivision 4. The commissioner shall offer the online course and exam under this paragraph at no cost to the individual. new text end

new text begin Subd. 6. new text end

new text begin Local ordinances. new text end

new text begin This section does not preempt the application of any business licensing requirement or sanitation, public health, or zoning ordinance of a political subdivision. new text end

new text begin Subd. 7. new text end

new text begin Account established. new text end

new text begin A cottage foods account is created as a separate account in the agricultural fund in the state treasury for depositing money received by the commissioner under this section. Money in the account, including interest, is appropriated to the commissioner for purposes of this section. new text end

Sec. 54.

Minnesota Statutes 2014, section 32.075, is amended to read:

32.075 TERM OF LICENSE; TRANSFERABILITY; FEES AND PENALTIES.

deleted text begin Everydeleted text end new text begin An initial new text end license issued by the commissioner deleted text begin shall be for a period ending deleted text end new text begin expires new text end on the new text begin following December new text end 31st deleted text begin day of December next following,deleted text end and deleted text begin shalldeleted text end new text begin is new text end not deleted text begin bedeleted text end transferable. new text begin A renewal license is valid for two years and expires on December 31 of the second year. new text end The fee for deleted text begin each suchdeleted text end new text begin an new text end initial new text begin or renewal new text end license deleted text begin shall be $50 and each renewal thereof shall be $25 anddeleted text end new text begin is $60. The feenew text end shall be paid to the commissioner before deleted text begin anydeleted text end new text begin the commissioner issues an initial or renewal new text end license deleted text begin or renewal thereof is issueddeleted text end . If a license renewal is not applied for on or before January 1 of each year, a penalty of deleted text begin $10deleted text end new text begin $30 new text end shall be imposed. A person who does not renew a license within one year following its December 31 expiration date, except those persons who do not renew such license while engaged in active military service, shall be required to prove competency and qualification pursuant to section 32.073, before a license is issued. The commissioner may require any other person who renews a license to prove competency and qualification in the same manner. All license fees and penalties received by the commissioner shall be deleted text begin paid into the state treasurydeleted text end new text begin deposited in the dairy services account in the agricultural fundnew text end .

Sec. 55.

Minnesota Statutes 2014, section 32.105, is amended to read:

32.105 MILK PROCUREMENT FEE.

Each dairy plant operator within the state must pay to the commissioner on or before the 18th of each month a fee of deleted text begin .71deleted text end new text begin 1.1new text end cents per hundredweight of milk purchased the previous month. If a milk producer within the state ships milk out of the state for sale, the producer must pay the fee to the commissioner unless the purchaser voluntarily pays the fee.

Producers who ship milk out of state or processors must submit monthly reports as to milk purchases along with the appropriate procurement fee to the commissioner. The commissioner may have access to all relevant purchase or sale records as necessary to verify compliance with this section and may require the producer or purchaser to produce records as necessary to determine compliance.

The fees collected under this section must be deposited in the dairy services account in the agricultural fund. Money in the account, including interest earned, is appropriated to the commissioner to administer this chapter.

Sec. 56.

new text begin [41A.14] AGRICULTURE RESEARCH, EDUCATION, EXTENSION, AND TECHNOLOGY TRANSFER GRANT PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Duties; grants. new text end

new text begin The agriculture research, education, extension, and technology transfer grant program is created. The purpose of the grant program is to provide investments that will most efficiently achieve long-term agricultural productivity increases through improved infrastructure, vision, and accountability. The scope and intent of the grants, to the extent possible, shall provide for a long-term base funding that allows the research grantee to continue the functions of the research, education, and extension efforts to a practical conclusion. Priority for grants shall be given to human infrastructure. The commissioner shall provide grants for: new text end

new text begin (1) agricultural research and technology transfer needs and recipients including agricultural research and extension at the University of Minnesota, research and outreach centers, the College of Food, Agricultural and Natural Resource Sciences, the Minnesota Agricultural Experiment Station, University of Minnesota Extension Service, the University of Minnesota Veterinary School, the Veterinary Diagnostic Laboratory, the Stakman-Borlaug Center, and the Minnesota Agriculture Fertilizer Research and Education Council; new text end

new text begin (2) agriculture rapid response for plant and animal diseases and pests; and new text end

new text begin (3) agricultural education including but not limited to the Minnesota Agriculture Education Leadership Council, farm business management, mentoring programs, graduate debt forgiveness, and high school programs. new text end

new text begin Subd. 2. new text end

new text begin Advisory panel. new text end

new text begin In awarding grants under this section, the commissioner must consult with an advisory panel consisting of the following stakeholders: new text end

new text begin (1) a representative of the College of Food, Agricultural and Natural Resource Sciences at the University of Minnesota; new text end

new text begin (2) a representative of the Minnesota State Colleges and Universities system; new text end

new text begin (3) a representative of the Minnesota Farm Bureau; new text end

new text begin (4) a representative of the Minnesota Farmers Union; new text end

new text begin (5) a person representing agriculture industry statewide; new text end

new text begin (6) a representative of each of the state commodity councils organized under section 17.54 and the Minnesota Pork Board; new text end

new text begin (7) a person representing an association of primary manufacturers of forest products; new text end

new text begin (8) a person representing organic or sustainable agriculture; and new text end

new text begin (9) a person representing statewide environment and natural resource conservation organizations. new text end

new text begin Subd. 3. new text end

new text begin Account. new text end

new text begin An agriculture research, education, extension, and technology transfer account is created in the agricultural fund in the state treasury. The account consists of money received in the form of gifts, grants, reimbursement, or appropriations from any source for any of the purposes provided in subdivision 1, and any interest or earnings of the account. Money in the account is appropriated to the commissioner of agriculture for the purposes under subdivision 1. new text end

Sec. 57.

new text begin [41A.15] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 41A.15 to 41A.18, the terms defined in this section have the meanings given them. new text end

new text begin Subd. 2. new text end

new text begin Advanced biofuel. new text end

new text begin "Advanced biofuel" has the meaning given in section 239.051, subdivision 1a. new text end

new text begin Subd. 3. new text end

new text begin Biomass thermal production. new text end

new text begin "Biomass thermal production" means the generation of energy for commercial heat or industrial process heat from a cellulosic material or other material composed of forestry or agricultural feedstocks for a new or expanding capacity facility or a facility that is displacing existing use of fossil fuel after the effective date of this section. new text end

new text begin Subd. 4. new text end

new text begin Cellulosic biomass. new text end

new text begin "Cellulosic biomass" means material primarily made up of cellulose, hemicellulose, or lignin, or a combination of those ingredients. new text end

new text begin Subd. 5. new text end

new text begin Cellulosic sugar. new text end

new text begin "Cellulosic sugar" means sugar derived from cellulosic biomass from agricultural or forestry resources. new text end

new text begin Subd. 6. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of agriculture. new text end

new text begin Subd. 7. new text end

new text begin Cover crops. new text end

new text begin "Cover crops" means grasses, legumes, forbs, or other herbaceous plants that are known to be noninvasive and not listed as a noxious weed in Minnesota and that are either interseeded into living cash crops or planted on agricultural fields during fallow periods for seasonal cover and conservation purposes. new text end

new text begin Subd. 8. new text end

new text begin MMbtu. new text end

new text begin "MMbtu" means 1,000,000 British thermal units. new text end

new text begin Subd. 9. new text end

new text begin Perennial crops. new text end

new text begin "Perennial crops" means agriculturally produced plants that are known to be noninvasive and not listed as a noxious weed in Minnesota and that have a life cycle of at least three years at the location where the plants are being cultivated. Biomass from alfalfa produced in a two-year rotation shall be considered a perennial crop. new text end

new text begin Subd. 10. new text end

new text begin Renewable chemical. new text end

new text begin "Renewable chemical" means a chemical with biobased content as defined in section 41A.105, subdivision 1a. new text end

Sec. 58.

new text begin [41A.16] ADVANCED BIOFUEL PRODUCTION INCENTIVE. new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin (a) A facility eligible for payment under this section must source at least 80 percent raw materials from Minnesota. If a facility is sited 50 miles or less from the state border, raw materials may be sourced from within a 100-mile radius. Raw materials must be from agricultural or forestry sources or from solid waste. The facility must be located in Minnesota, must begin production at a specific location by June 30, 2025, and must not begin operating above 95,000 MMbtu of annual biofuel production before July 1, 2015. Eligible facilities include existing companies and facilities that are adding advanced biofuel production capacity, or retrofitting existing capacity, as well as new companies and facilities. Production of conventional corn ethanol and conventional biodiesel is not eligible. Eligible advanced biofuel facilities must produce at least 95,000 MMbtu a year. new text end

new text begin (b) No payments shall be made for advanced biofuel production that occurs after June 30, 2035, for those eligible biofuel producers under paragraph (a). new text end

new text begin (c) An eligible producer of advanced biofuel shall not transfer the producer's eligibility for payments under this section to an advanced biofuel facility at a different location. new text end

new text begin (d) A producer that ceases production for any reason is ineligible to receive payments under this section until the producer resumes production. new text end

new text begin (e) Renewable chemical production for which payment has been received under section 41A.17, and biomass thermal production for which payment has been received under section 41A.18, are not eligible for payment under this section. new text end

new text begin Subd. 2. new text end

new text begin Payment amounts; limits. new text end

new text begin (a) The commissioner shall make payments to eligible producers of advanced biofuel. The amount of the payment for each eligible producer's annual production is $2.1053 per MMbtu for advanced biofuel production from cellulosic biomass, and $1.053 per MMbtu for advanced biofuel production from sugar or starch at a specific location for ten years after the start of production. new text end

new text begin (b) Total payments under this section to an eligible biofuel producer in a fiscal year may not exceed the amount necessary for 2,850,000 MMbtu of biofuel production. Total payments under this section to all eligible biofuel producers in a fiscal year may not exceed the amount necessary for 17,100,000 MMbtu of biofuel production. The commissioner shall award payments on a first-come, first-served basis within the limits of available funding. new text end

new text begin (c) For purposes of this section, an entity that holds a controlling interest in more than one advanced biofuel facility is considered a single eligible producer. new text end

new text begin Subd. 3. new text end

new text begin Perennial and cover crops required. new text end

new text begin To be eligible for payment under this section, a producer that produces advanced biofuel from agricultural cellulosic biomass other than corn kernel fiber or biogas must derive at least the following portions of the producer's total eligible MMbtus from perennial crop or cover crop biomass: new text end

new text begin (1) ten percent during the first two years of eligible production; new text end

new text begin (2) 30 percent during the third and fourth years of eligible production; and new text end

new text begin (3) 50 percent during the fifth through tenth years of eligible production. new text end

new text begin Subd. 4. new text end

new text begin Cellulosic forestry biomass requirements. new text end

new text begin All forestry-derived cellulosic biomass must be produced using Minnesota state biomass harvesting guidelines or the equivalent. All biomass from brushlands must be produced using Minnesota brushland harvesting biomass harvest guidelines or the equivalent. Forestry-derived cellulosic biomass that comes from land parcels greater than 160 acres must be certified by the Forest Stewardship Council, Sustainable Forestry Initiative, or American Tree Farm System. Uncertified land from parcels of 160 acres or less and federal land must be harvested by a logger who has completed training for biomass harvesting from the Minnesota logger education program or the equivalent and have a forest stewardship plan. new text end

new text begin Subd. 5. new text end

new text begin Agricultural cellulosic biomass sourcing plan. new text end

new text begin (a) An eligible producer who utilizes agricultural cellulosic biomass must submit a responsible biomass sourcing plan for approval by the commissioner prior to applying for payments under this section. The commissioner shall make the plan publicly available. The plan must: new text end

new text begin (1) provide a detailed explanation of how agricultural cellulosic biomass will be produced and managed in a way that preserves soil quality, does not increase soil and nutrient runoff, avoids introduction of harmful invasive species, limits negative impacts on wildlife habitat, and reduces greenhouse gas emissions; new text end

new text begin (2) include the producer's approach to verifying that biomass suppliers are following the plan; new text end

new text begin (3) discuss how new technologies and practices that are not yet commercially viable may be encouraged and adopted during the life of the facility, and how the producer will encourage continuous improvement during the life of the project; new text end

new text begin (4) include specific numeric goals and timelines for making progress; new text end

new text begin (5) require agronomic practices that result in a positive Natural Resources Conservation Service Soil Conditioning Index score for acres from which biomass from corn stover will be harvested; and new text end

new text begin (6) include biennial soil sampling to verify maintained or increased levels of soil organic matter. new text end

new text begin (b) An eligible producer who utilizes agricultural cellulosic biomass and receives payments under this section shall submit an annual report on the producer's responsible biomass sourcing plan to the commissioner by January 15 each year. The report must include data on progress made by the producer in meeting specific goals laid out in the plan. The commissioner shall make the report publicly available. The commissioner shall perform an annual review of submitted reports and may make a determination that the producer is not following the plan based on the reports submitted. The commissioner may take appropriate steps, including reducing or ceasing payments, until the producer is in compliance with the plan. new text end

new text begin Subd. 6. new text end

new text begin Claims. new text end

new text begin (a) By the last day of October, January, April, and July, each eligible biofuel producer shall file a claim for payment for advanced biofuel production during the preceding three calendar months. An eligible biofuel producer that files a claim under this subdivision shall include a statement of the eligible biofuel producer's total advanced biofuel production in Minnesota during the quarter covered by the claim. For each claim and statement of total advanced biofuel production filed under this subdivision, the volume of advanced biofuel production must be examined by a CPA firm with a valid permit to practice under chapter 326A, in accordance with Statements on Standards for Attestation Engagements established by the American Institute of Certified Public Accountants. new text end

new text begin (b) The commissioner must issue payments by November 15, February 15, May 15, and August 15. A separate payment must be made for each claim filed. new text end

Sec. 59.

new text begin [41A.17] RENEWABLE CHEMICAL PRODUCTION INCENTIVE. new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin (a) A facility eligible for payment under this program must source at least 80 percent biobased content, as defined in section 41A.105, subdivision 1a, clause (1), from Minnesota. If a facility is sited 50 miles or less from the state border, biobased content must be sourced from within a 100-mile radius. Biobased content must be from agricultural or forestry sources or from solid waste. The facility must be located in Minnesota, must begin production at a specific location by June 30, 2025, and must not begin production of 3,000,000 pounds of chemicals annually before January 1, 2015. Eligible facilities include existing companies and facilities that are adding production capacity, or retrofitting existing capacity, as well as new companies and facilities. Eligible renewable chemical facilities must produce at least 3,000,000 pounds per year. Renewable chemicals produced through processes that are fully commercial before January 1, 2000, are not eligible. new text end

new text begin (b) No payments shall be made for renewable chemical production that occurs after June 30, 2035, for those eligible renewable chemical producers under paragraph (a). new text end

new text begin (c) An eligible producer of renewable chemicals shall not transfer the producer's eligibility for payments under this section to a renewable chemical facility at a different location. new text end

new text begin (d) A producer that ceases production for any reason is ineligible to receive payments under this section until the producer resumes production. new text end

new text begin (e) Advanced biofuel production for which payment has been received under section 41A.16, and biomass thermal production for which payment has been received under section 41A.18, are not eligible for payment under this section. new text end

new text begin Subd. 2. new text end

new text begin Payment amounts; bonus; limits. new text end

new text begin (a) The commissioner shall make payments to eligible producers of renewable chemicals located in the state. The amount of the payment for each producer's annual production is $0.03 per pound of sugar-derived renewable chemical, $0.03 per pound of cellulosic sugar, and $0.06 per pound of cellulosic-derived renewable chemical produced at a specific location for ten years after the start of production. new text end

new text begin (b) An eligible facility producing renewable chemicals using agricultural cellulosic biomass is eligible for a 20 percent bonus payment for each MMbtu produced from agricultural biomass that is derived from perennial crop or cover crop biomass. new text end

new text begin (c) Total payments under this section to an eligible renewable chemical producer in a fiscal year may not exceed the amount necessary for 99,999,999 pounds of renewable chemical production. Total payments under this section to all eligible renewable chemical producers in a fiscal year may not exceed the amount necessary for 599,999,999 pounds of renewable chemical production. The commissioner shall award payments on a first-come, first-served basis within the limits of available funding. new text end

new text begin (d) For purposes of this section, an entity that holds a controlling interest in more than one renewable chemical production facility is considered a single eligible producer. new text end

new text begin Subd. 3. new text end

new text begin Cellulosic biomass requirements. new text end

new text begin All forestry-derived cellulosic biomass must be produced using Minnesota state biomass harvesting guidelines or the equivalent. All cellulosic biomass from brushlands must be produced using Minnesota brushland harvesting biomass harvest guidelines or the equivalent. Forestry-derived cellulosic biomass that comes from land parcels greater than 160 acres must be certified by the Forest Stewardship Council, Sustainable Forestry Initiative, or American Tree Farm System. Uncertified land from parcels of 160 acres or less and federal land must be harvested by a logger who has completed training for biomass harvesting from the Minnesota logger education program or the equivalent and have a forest stewardship plan. new text end

new text begin Subd. 4. new text end

new text begin Agricultural cellulosic biomass sourcing plan. new text end

new text begin (a) An eligible producer who utilizes agricultural cellulosic biomass must submit a responsible biomass sourcing plan to the commissioner prior to applying for payments under this section. The plan must: new text end

new text begin (1) provide a detailed explanation of how agricultural cellulosic biomass will be produced and managed in a way that preserves soil quality, does not increase soil and nutrient runoff, avoids introduction of harmful invasive species, limits negative impacts on wildlife habitat, and reduces greenhouse gas emissions; new text end

new text begin (2) include the producer's approach to verifying that biomass suppliers are following the plan; new text end

new text begin (3) discuss how new technologies and practices that are not yet commercially viable may be encouraged and adopted during the life of the facility, and how the producer will encourage continuous improvement during the life of the project; and new text end

new text begin (4) include specific numeric goals and timelines for making progress. new text end

new text begin (b) An eligible producer who utilizes agricultural cellulosic biomass and receives payments under this section shall submit an annual report on the producer's responsible biomass sourcing plan to the commissioner by January 15 each year. The report must include data on progress made by the producer in meeting specific goals laid out in the plan. The commissioner shall make the report publicly available. The commissioner shall perform an annual review of submitted reports and may make a determination that the producer is not following the plan based on the reports submitted. The commissioner may take appropriate steps, including reducing or ceasing payments, until the producer is in compliance with the plan. new text end

new text begin Subd. 5. new text end

new text begin Claims. new text end

new text begin (a) By the last day of October, January, April, and July, each eligible renewable chemical producer shall file a claim for payment for renewable chemical production during the preceding three calendar months. An eligible renewable chemical producer that files a claim under this subdivision shall include a statement of the eligible producer's total renewable chemical production in Minnesota during the quarter covered by the claim. For each claim and statement of total renewable chemical production filed under this paragraph, the volume of renewable chemical production must be examined by a CPA firm with a valid permit to practice under chapter 326A, in accordance with Statements on Standards for Attestation Engagements established by the American Institute of Certified Public Accountants. new text end

new text begin (b) The commissioner must issue payments by November 15, February 15, May 15, and August 15. A separate payment must be made for each claim filed. new text end

Sec. 60.

new text begin [41A.18] BIOMASS THERMAL PRODUCTION INCENTIVE. new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin (a) A facility eligible for payment under this section must source at least 80 percent raw materials from Minnesota. If a facility is sited 50 miles or less from the state border, raw materials should be sourced from within a 100-mile radius. Raw materials must be from agricultural or forestry sources. The facility must be located in Minnesota, must have begun production at a specific location by June 30, 2025, and must not begin before July 1, 2015. Eligible facilities include existing companies and facilities that are adding production capacity, or retrofitting existing capacity, as well as new companies and facilities. Eligible biomass thermal production facilities must produce at least 1,000 MMbtu per year. new text end

new text begin (b) No payments shall be made for biomass thermal production that occurs after June 30, 2035, for those eligible biomass thermal producers under paragraph (a). new text end

new text begin (c) An eligible producer of biomass thermal production shall not transfer the producer's eligibility for payments under this section to a biomass thermal production facility at a different location. new text end

new text begin (d) A producer that ceases production for any reason is ineligible to receive payments under this section until the producer resumes production. new text end

new text begin (e) Biofuel production for which payment has been received under section 41A.16, and renewable chemical production for which payment has been received under section 41A.17, are not eligible for payment under this section. new text end

new text begin Subd. 2. new text end

new text begin Payment amounts; bonus; limits; blending. new text end

new text begin (a) The commissioner shall make payments to eligible producers of biomass thermal located in the state. The amount of the payment for each producer's annual production is $5.00 per MMbtu of biomass thermal production produced at a specific location for ten years after the start of production. new text end

new text begin (b) An eligible facility producing biomass thermal using agricultural cellulosic biomass is eligible for a 20 percent bonus payment for each MMbtu produced from agricultural biomass that is derived from perennial crop or cover crop biomass. new text end

new text begin (c) Total payments under this section to an eligible thermal producer in a fiscal year may not exceed the amount necessary for 30,000 MMbtu of thermal production. Total payments under this section to all eligible thermal producers in a fiscal year may not exceed the amount necessary for 150,000 MMbtu of total thermal production. The commissioner shall award payments on a first-come, first-served basis within the limits of available funding. new text end

new text begin (d) An eligible facility may blend a cellulosic feedstock with other fuels in the biomass thermal production facility, but only the percentage attributable to cellulosic material is eligible to receive payment. new text end

new text begin (e) For purposes of this section, an entity that holds a controlling interest in more than one biomass thermal production facility is considered a single eligible producer. new text end

new text begin Subd. 3. new text end

new text begin Cellulosic biomass requirements. new text end

new text begin All forestry-derived cellulosic biomass must be produced using Minnesota state biomass harvesting guidelines or the equivalent. All biomass from brushland must be produced using Minnesota brushland harvesting biomass guidelines or the equivalent. Forestry-derived cellulosic biomass that comes from land parcels greater than 160 acres must be certified by the Forest Stewardship Council, the Sustainable Forestry Initiative, or American Tree Farm. Uncertified land from parcels of 160 acres or less and federal land must be harvested by a logger who has completed training for biomass harvesting from the Minnesota logger education program or the equivalent and have a forest stewardship plan. new text end

new text begin Subd. 4. new text end

new text begin Agricultural cellulosic biomass sourcing plan. new text end

new text begin (a) An eligible producer who utilizes agricultural cellulosic biomass must submit a responsible biomass sourcing plan to the commissioner prior to applying for payments under this section. The plan must: new text end

new text begin (1) provide a detailed explanation of how agricultural cellulosic biomass will be produced and managed in a way that preserves soil quality, does not increase soil and nutrient runoff, avoids introduction of harmful invasive species, limits negative impacts on wildlife habitat, and reduces greenhouse gas emissions; new text end

new text begin (2) include the producer's approach to verifying that biomass suppliers are following the plan; new text end

new text begin (3) discuss how new technologies and practices that are not yet commercially viable may be encouraged and adopted during the life of the facility, and how the producer will encourage continuous improvement during the life of the project; and new text end

new text begin (4) include specific numeric goals and timelines for making progress. new text end

new text begin (b) An eligible producer who utilizes agricultural cellulosic biomass and receives payments under this section shall submit an annual report on the producer's responsible biomass sourcing plan to the commissioner by January 15 each year. The report must include data on progress made by the producer in meeting specific goals laid out in the plan. The commissioner shall make the report publicly available. The commissioner shall perform an annual review of submitted reports and may make a determination that the producer is not following the plan based on the reports submitted. The commissioner may take appropriate steps, including reducing or ceasing payments, until the producer is in compliance with the plan. new text end

new text begin Subd. 5. new text end

new text begin Claims. new text end

new text begin (a) By the last day of October, January, April, and July, each producer shall file a claim for payment for biomass thermal production during the preceding three calendar months. A producer that files a claim under this subdivision shall include a statement of the producer's total biomass thermal production in Minnesota during the quarter covered by the claim. For each claim and statement of total biomass thermal production filed under this paragraph, the volume of biomass thermal production must be examined by a CPA firm with a valid permit to practice under chapter 326A, in accordance with Statements on Standards for Attestation Engagements established by the American Institute of Certified Public Accountants. new text end

new text begin (b) The commissioner must issue payments by November 15, February 15, May 15, and August 15. A separate payment shall be made for each claim filed. new text end

Sec. 61.

new text begin [41A.19] REPORT; INCENTIVE PROGRAMS. new text end

new text begin By January 15 each year, the commissioner shall report on the incentive programs under sections 41A.16, 41A.17, and 41A.18 to the legislative committees with jurisdiction over environment and agriculture policy and finance. The report shall include information on production and incentive expenditures under the programs. new text end

Sec. 62.

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

Subd. 6.

Application fee.

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

Sec. 63.

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

new text begin Subd. 7. new text end

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

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

Sec. 64.

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

Subd. 17.

Application and origination fee.

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

Sec. 65.

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

Subd. 3.

Application and origination fee.

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

Sec. 66.

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

Subd. 3.

Specifications.

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

Sec. 67.

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

Subd. 4.

Application and origination fee.

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

Sec. 68.

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

Subd. 5.

Loans.

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

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

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

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

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

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

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

Sec. 69.

Minnesota Statutes 2014, section 41B.047, subdivision 1, as amended by Laws 2015, chapter 44, section 27, is amended to read:

Subdivision 1.

Establishment.

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

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

(2) purchase watering systems, irrigation systems, and other drought mitigation systems and practices when drought is the cause of the purchase;

(3) restore farmland; or

(4) replace flocks, make building improvements, or deleted text begin obtain an operating line of credit if the loss or damagedeleted text end new text begin cover the loss of revenue when the replacement, improvements, or loss of revenuenew text end is due to the confirmed presence of new text begin the new text end highly pathogenic avian influenza in a commercial poultry new text begin or game new text end flock new text begin located new text end in Minnesota.

Sec. 70.

Minnesota Statutes 2014, section 41B.047, subdivision 3, as amended by Laws 2015, chapter 44, section 28, is amended to read:

Subd. 3.

Eligibility.

To be eligible for this program, a borrower must:

(1) meet the requirements of section 41B.03, subdivision 1;

(2) certify that the damage or loss was new text begin (i) new text end sustained within a county that was the subject of deleted text begin (i)deleted text end a state or federal disaster declaration or (ii) deleted text begin a peacetime emergency declaration made by the governor under section 12.31deleted text end new text begin due to the confirmed presence of the highly pathogenic avian influenza in a commercial poultry or game flock located in Minnesotanew text end ;

(3) demonstrate an ability to repay the loan;new text begin andnew text end

deleted text begin (4) for loans under subdivision 1, clauses (1) to (3), have a total net worth, including assets and liabilities of the borrower's spouse and dependents, of less than $660,000 in 2004 and an amount in subsequent years which is adjusted for inflation by multiplying that amount by the cumulative inflation rate as determined by the Consumer Price Index; and deleted text end

deleted text begin (5)deleted text end new text begin (4)new text end have received at least 50 percent of average annual gross income from farming for the past three years.

Sec. 71.

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

Subd. 4.

Loans.

(a) The authority may participate in a disaster recovery loan with an eligible lender to a farmer who is eligible under subdivision 3. Participation is limited to 45 percent of the principal amount of the loan or deleted text begin $50,000deleted text end new text begin $200,000new text end , whichever is less. The interest rates and repayment terms of the authority's participation interest may differ from the interest rates and repayment terms of the lender's retained portion of the loan, but the authority's interest rate must not exceed four percent.

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

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

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

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

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

Sec. 72.

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

Subd. 6.

Loans.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 73.

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

Subd. 4.

Loans.

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

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

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

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

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

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

Sec. 74.

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

Subd. 3.

Loans.

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

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

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

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

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

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

Sec. 75.

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

Subd. 2.

Definitions.

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

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

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

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

Sec. 76.

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

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

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

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

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

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

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

new text begin Subd. 2. new text end

new text begin Loan criteria. new text end

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

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

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

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

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

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

new text begin Subd. 3. new text end

new text begin Loan participation. new text end

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

Sec. 77.

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

41B.06 RURAL FINANCE AUTHORITY REVOLVING LOAN ACCOUNT.

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

Sec. 78.

Minnesota Statutes 2014, section 135A.52, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Farm business management. new text end

new text begin Minnesota State Colleges and Universities campuses that offer farm business management may specify space availability in the delivery of farm business management courses. new text end

Sec. 79.

Minnesota Statutes 2014, section 375.30, subdivision 2, is amended to read:

Subd. 2.

Wild hemp.

A county board, by resolution, may appropriate and spend money as necessary to spray and otherwise eradicate wild hempdeleted text begin , commonly known as marijuana,deleted text end on private property within the county. The county board may authorize the use of county equipment, personnel and supplies and materials to spray or otherwise eradicate wild hemp on private property, and may pro rate the expenses involved between the county and owner or occupant of the property.new text begin Industrial hemp grown by a person licensed under chapter 18K is not wild hemp.new text end

Sec. 80.

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

Subd. 4.

Reports.

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

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

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

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

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

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

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

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

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

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

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

new text begin (d) A report required under paragraph (a) or (b) must be submitted with a filing fee of $15. The fee must be deposited in the state treasury and credited to an account in the agricultural fund. Money in the account, including interest, is appropriated to the commissioner for the administrative expenses of this section. new text end

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

Sec. 81.

Minnesota Statutes 2014, section 583.215, is amended to read:

583.215 EXPIRATION.

Sections 336.9-601, subsections (h) and (i); 550.365; 559.209; 582.039; and 583.20 to 583.32, expire June 30, deleted text begin 2016deleted text end new text begin 2017new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 23, 2016, if the legislature does not meet in regular session in calendar year 2016 before May 23, 2016. If the legislature meets in regular session in calendar year 2016 before May 23, 2016, this section is void. new text end

Sec. 82.

Laws 2014, chapter 312, article 12, section 3, is amended to read:

Sec. 3.

AGRICULTURE.

$ -0- $ 2,750,000

$2,000,000 in 2015 is for a grant to Second Harvest Heartland on behalf of the six Feeding America food banks that serve Minnesota to compensate agricultural producers and processors for costs incurred to harvest and package for transfer surplus fruits, vegetables, or other agricultural commodities that would otherwise go unharvested deleted text begin ordeleted text end new text begin ,new text end be discardednew text begin , or be sold in a secondary marketnew text end . Surplus commodities must be distributed statewide to food shelves and other charitable organizations that are eligible to receive food from the food banks. Surplus food acquired under this appropriation must be from Minnesota producers and processors. Second Harvest Heartland must report when required by, and in the form prescribed by, the commissioner. deleted text begin For fiscal year 2015,deleted text end Second Harvest Heartland may use up to 11 percent of any grant received for administrative expenses new text begin and up to four percent of the grant for transportation expensesnew text end . deleted text begin For fiscal years 2016 and 2017, Second Harvest Heartland may use up to five percent of any grant received for administrative expenses.deleted text end This is a onetime appropriation and is available until June 30, 2017.

The commissioner shall examine how other states are implementing the industrial hemp research authority provided in Public Law 113-79 and gauge the interest of Minnesota higher education institutions. No later than January 15, 2015, the commissioner must report the information and items for legislative consideration to the legislative committees with jurisdiction over agriculture policy and finance.

$350,000 in 2015 is for an increase in retail food handler inspections.

$200,000 in 2015 is added to the appropriation in Laws 2013, chapter 114, article 1, section 3, subdivision 4, for distribution to the state's county fairs. This is a onetime appropriation.

$200,000 in 2015 is for a grant as determined by the commissioner to a public higher education institution to research porcine epidemic diarrhea virus. This is a onetime appropriation and is available until June 30, 2017.

Sec. 83.

new text begin LIVESTOCK INDUSTRY STUDY. new text end

new text begin The commissioner of agriculture must identify causes of the relative growth or decline in the number of head of poultry and livestock produced in Minnesota, Iowa, North Dakota, South Dakota, Wisconsin, and Nebraska over the last ten years, including but not limited to the impact of nuisance conditions and lawsuits filed against poultry or livestock farms. No later than February 1, 2016, the commissioner must report findings by poultry and livestock sector and provide recommendations on how to strengthen and expand Minnesota animal agriculture to the legislative committees with jurisdiction over agriculture policy and finance. new text end

Sec. 84.

new text begin CORRECTIONAL FACILITY VOCATIONAL TRAINING PILOT PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Pilot program. new text end

new text begin The commissioner of agriculture must coordinate a pilot program operated by the Northeast Regional Corrections Center to train inmates for careers as meat cutters upon release. The commissioner must facilitate program development and ensure that the program prepares inmates to meet applicable food safety and licensure requirements. new text end

new text begin Subd. 2. new text end

new text begin Program development. new text end

new text begin In facilitating development of the pilot program, the commissioner must consult with the commissioner of employment and economic development and a representative of each of the following organizations: new text end

new text begin (1) Northeast Regional Corrections Center; and new text end

new text begin (2) United Food and Commercial Workers. new text end

new text begin Subd. 3. new text end

new text begin Report required. new text end

new text begin No later than February 1, 2017, the commissioner must report on the progress and outcomes of the program to the legislative committees with jurisdiction over agriculture, economic development, higher education, and public safety. new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin This section expires on June 30, 2017. new text end

Sec. 85.

new text begin URBAN AGRICULTURE DEVELOPMENT PROPOSAL. new text end

new text begin The commissioner of agriculture must convene interested stakeholders and develop a proposal to effectively and efficiently promote urban agriculture in Minnesota cities. For purposes of this section, "urban agriculture" means producing agricultural plants, poultry, or livestock on public or private property within city limits. No later than January 15, 2016, the commissioner must report to the legislative committees with jurisdiction over agriculture policy and finance and submit proposed legislation that includes a new definition of urban agriculture if the commissioner and stakeholders determine that a different definition more accurately defines urban agriculture. new text end

Sec. 86.

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

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

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

Sec. 87.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2014, sections 17.115; 28A.15, subdivisions 9 and 10; and 116V.03, new text end new text begin are repealed. new text end

Sec. 88.

new text begin EFFECTIVE DATE. new text end

new text begin (a) Sections 62 to 77 and section 86 are effective the day following final enactment. new text end

new text begin (b) Laws 2015, chapter 44, sections 22 to 26 and section 29, are effective the day following final enactment. new text end

ARTICLE 3

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

Section 1.

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

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

new text begin APPROPRIATIONS new text end
new text begin Available for the Year new text end
new text begin Ending June 30 new text end
new text begin 2016 new text end new text begin 2017 new text end

Sec. 2.

new text begin POLLUTION CONTROL AGENCY new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation new text end

new text begin $ new text end new text begin 95,082,000 new text end new text begin $ new text end new text begin 91,784,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 10,263,000 new text end new text begin 5,727,000 new text end
new text begin State Government Special Revenue new text end new text begin 75,000 new text end new text begin 75,000 new text end
new text begin Environmental new text end new text begin 73,480,000 new text end new text begin 74,548,000 new text end
new text begin Remediation new text end new text begin 11,264,000 new text end new text begin 11,434,000 new text end

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

new text begin The commissioner must present the agency's biennial budget for fiscal years 2018 and 2019 to the legislature in a transparent way by agency division, including the proposed budget bill and presentations of the budget to committees and divisions with jurisdiction over the agency's budget. new text end

new text begin Subd. 2. new text end

new text begin Water new text end

new text begin 26,388,000 new text end new text begin 26,081,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 4,307,000 new text end new text begin 3,627,000 new text end
new text begin State Government Special Revenue new text end new text begin 75,000 new text end new text begin 75,000 new text end
new text begin Environmental new text end new text begin 22,006,000 new text end new text begin 22,379,000 new text end

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

new text begin $753,000 the first year and $765,000 the second year are from the environmental fund to address the need for continued increased activity in the areas of new technology review, technical assistance for local governments, and enforcement under Minnesota Statutes, sections 115.55 to 115.58, and to complete the requirements of Laws 2003, chapter 128, article 1, section 165. new text end

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

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

new text begin $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 $250,000 the first year and $250,000 the second year are from the general fund for: new text end

new text begin (1) a municipal liaison to assist municipalities in implementing and participating in the 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 $500,000 the first year is for transfer to the commissioner of management and budget for a cost analysis of water quality standards as required under this act. new text end

new text begin $200,000 the first year is for a grant to the Red River Basin Commission for development of a water quality strategic plan for the Red River of the North. This is a onetime appropriation and is available until June 30, 2018. The plan must include, but is not limited to, consistency in water quality goals and objectives for the Red River of the North and pollution reduction allocations for both point and nonpoint sources on the Red River of the North and for individual major watersheds tributary to the Red River of the North. The Red River Basin Commission must involve the interests of local, state, and federal government, business and industry, environmental groups, and Red River Basin landowners. The Red River Basin Commission must report progress on the plan to the house of representatives and senate committees and divisions with jurisdiction over environment policy and finance by February 15 in 2016 and 2017, and must submit the completed plan by December 31, 2017. new text end

new text begin The commissioner of the Pollution Control Agency must work with the Red River Basin Commission, the North Dakota Department of Health, the United States Environmental Protection Agency, Regions 5 and 8, and wastewater treatment plants in the Red River Basin to achieve phosphorous reductions needed to protect the Red River and Lake Winnipeg. new text end

new text begin Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered on or before June 30, 2017, as grants or contracts for subsurface sewage treatment systems, surface water and groundwater assessments, total maximum daily loads, storm water, and water quality protection in this subdivision are available until June 30, 2020. new text end

new text begin Subd. 3. new text end

new text begin Air new text end

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

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

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

new text begin $340,000 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 $691,000 the first year and $693,000 the second year are from the environmental fund for emission reduction activities and grants to small businesses and other nonpoint emission reduction efforts. Of this amount, $100,000 the first year and $100,000 the second year is to continue work with Clean Air Minnesota, and the commissioner may enter into an agreement with Environmental Initiative to support this effort. Any unexpended balance in the first year does not cancel but is available in the second year. new text end

new text begin Subd. 4. new text end

new text begin Land new text end

new text begin 21,663,000 new text end new text begin 18,584,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 3,368,000 new text end new text begin -0- new text end
new text begin Environmental new text end new text begin 7,031,000 new text end new text begin 7,150,000 new text end
new text begin Remediation new text end new text begin 11,264,000 new text end new text begin 11,434,000 new text end

new text begin All money for environmental response, compensation, and compliance in the remediation fund not otherwise appropriated is appropriated to the commissioners of the Pollution Control Agency and agriculture for purposes of Minnesota Statutes, section 115B.20, subdivision 2, clauses (1), (2), (3), (6), and (7). At the beginning of each fiscal year, the two commissioners shall jointly submit an annual spending plan to the commissioner of management and budget that maximizes the utilization of resources and appropriately allocates the money between the two departments. This appropriation is available until June 30, 2017. new text end

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

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

new text begin $868,000 the first year is from the general fund for a grant to the city of Mountain Iron for remediation of the abandoned wastewater treatment pond of the former Nichols Township. This is a onetime appropriation that is available until June 30, 2019. This appropriation is effective December 1, 2015. new text end

new text begin Up to $2,500,000 the first year is from the general fund to the commissioner for a grant to the city of Paynesville to add a treatment process to a water treatment plant for removal of volatile organic compounds. This is a onetime appropriation. This appropriation is effective December 1, 2015. new text end

new text begin $743,000 the second year is transferred from the general fund to the dry cleaner environmental response and reimbursement account in the remediation fund for the purpose of remediating land contaminated by a release from a dry cleaning facility, as provided under Minnesota Statutes, section 115B.50, if legislation is enacted in the 2016 legislative session to address the insolvency of the dry cleaner environmental response and reimbursement account. The commissioner shall prioritize expenditures from this transfer to address contaminated sites that pose the greatest risk to public health or welfare or to the environment, as established in Minnesota Statutes, section 115B.17, subdivision 13. This is a onetime transfer. The commissioner shall reimburse only a person who otherwise would not be responsible for a release or threatened release under Minnesota Statutes, section 115B.03, for all but $10,000 of the environmental response costs incurred by the person if the commissioner determines that the costs are reasonable and were actually incurred. To be eligible for reimbursement from this transfer, a person seeking reimbursement must make a request to the commissioner, as required under Minnesota Statutes, section 115B.50, subdivision 2, on or before the day following final enactment of this act. new text end

new text begin Subd. 5. new text end

new text begin Environmental Assistance and Cross-Media new text end

new text begin 31,391,000 new text end new text begin 31,032,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin Environmental new text end new text begin 28,803,000 new text end new text begin 28,932,000 new text end
new text begin General new text end new text begin 2,588,000 new text end new text begin 2,100,000 new text end

new text begin $17,250,000 the first year and $17,250,000 the second year are from the environmental fund for SCORE block grants to counties. new text end

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

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

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

new text begin $315,000 the first year and $319,000 the second year are from the general fund and $192,000 the first year and $192,000 the second year are from the environmental fund for Environmental Quality Board operations and support. new text end

new text begin $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 $502,000 the first year and $503,000 the second year are from the general fund for the Environmental Quality Board to lead an interagency team to provide technical assistance regarding the mining, processing, and transporting of silica sand. Of this amount, up to $75,000 each year may be transferred to the commissioner of natural resources to review the implementation of the rules adopted by the commissioner pursuant to Laws 2013, ‎chapter 114, article 4, section 105, paragraph (b), pertaining to the reclamation of silica sand mines, to ensure that local government reclamation programs are implemented in a manner consistent with the rules. new text end

new text begin $500,000 the first year from the general fund is a onetime appropriation to the Environmental Quality Board for activities to streamline the environmental review process. new text end

new text begin $450,000 the first year and $450,000 the second year are from the environmental fund to develop and maintain systems to support permitting and regulatory business processes and agency data. This is a onetime appropriation. new text end

new text begin $1,000,000 the first year and $1,000,000 the second year are for competitive recycling grants under Minnesota Statutes, section 115A.565. This appropriation is available until June 30, 2018. new text end

new text begin $50,000 the first year and $50,000 the second year are to acquire and co-locate waste and recycling receptacles, in cooperation with the commissioner of administration, at the State Office Building. Any remaining funds may be used for these purposes at other facilities within the Capitol complex. This is a onetime appropriation. new text end

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

new text begin Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered on or before June 30, 2017, as contracts or grants for surface water and groundwater assessments; environmental assistance awarded under Minnesota Statutes, section 115A.0716; technical and research assistance under Minnesota Statutes, section 115A.152; technical assistance under Minnesota Statutes, section 115A.52; and pollution prevention assistance under Minnesota Statutes, section 115D.04, are available until June 30, 2019. new text end

new text begin Subd. 6. new text end

new text begin Transfers new text end

new text begin By June 30, 2016, the commissioner of management and budget shall transfer $58,215,000 from the closed landfill investment fund to the general fund. new text end

new text begin The commissioner of the Pollution Control Agency shall transfer $8,100,000 in fiscal year 2016 from the metropolitan landfill contingency action trust account in Minnesota Statutes, section 473.845, to the commissioner of management and budget for cancellation to the general fund. new text end

new text begin Subd. 7. new text end

new text begin Remediation Fund new text end

new text begin The commissioner shall transfer up to $42,000,000 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 263,944,000 new text end new text begin $ new text end new text begin 261,979,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 75,331,000 new text end new text begin 74,062,000 new text end
new text begin Natural Resources new text end new text begin 84,927,000 new text end new text begin 85,603,000 new text end
new text begin Game and Fish new text end new text begin 102,386,000 new text end new text begin 102,014,000 new text end
new text begin Remediation new text end new text begin 1,100,000 new text end new text begin 100,000 new text end
new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end

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

new text begin Subd. 2. new text end

new text begin Land and Mineral Resources Management new text end

new text begin 6,461,000 new text end new text begin 5,521,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 1,585,000 new text end new text begin 1,585,000 new text end
new text begin Natural Resources new text end new text begin 3,332,000 new text end new text begin 3,392,000 new text end
new text begin Game and Fish new text end new text begin 344,000 new text end new text begin 344,000 new text end
new text begin Remediation new text end new text begin 1,000,000 new text end new text begin -0- new text end
new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end

new text begin $68,000 the first year and $68,000 the second year are for minerals cooperative environmental research, of which $34,000 the first year and $34,000 the second year are available only as matched by $1 of nonstate money for each $1 of state money. The match may be cash or in-kind. new text end

new text begin $251,000 the first year and $251,000 the second year are for iron ore cooperative research. Of this amount, $200,000 each year is from the minerals management account in the natural resources fund. $175,000 the first year and $175,000 the second year are available only as matched by $1 of nonstate money for each $1 of state money. The match may be cash or in-kind. Any unencumbered balance from the first year does not cancel and is available in the second year. new text end

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

new text begin $200,000 the first year and $200,000 the second year are from the state forest suspense account in the permanent school fund to accelerate land exchanges, land sales, and commercial leasing of school trust lands and to identify, evaluate, and lease construction aggregate located on school trust lands. This appropriation is to be used for securing long-term economic return from the school trust lands consistent with fiduciary responsibilities and sound natural resources conservation and management principles. new text end

new text begin Notwithstanding Minnesota Statutes, section 115B.20, $1,000,000 the first year is from the dedicated account within the remediation fund for the purposes of Minnesota Statutes, section 115B.20, subdivision 2, clause (4), to acquire salt lands as described under Minnesota Statutes, section 92.05, within Bear Head Lake State Park. This is a onetime appropriation and is available until June 30, 2018. new text end

new text begin Subd. 3. new text end

new text begin Ecological and Water Resources new text end

new text begin 32,414,000 new text end new text begin 32,167,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 17,526,000 new text end new text begin 17,110,000 new text end
new text begin Natural Resources new text end new text begin 10,502,000 new text end new text begin 10,576,000 new text end
new text begin Game and Fish new text end new text begin 4,386,000 new text end new text begin 4,481,000 new text end

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

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

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

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

new text begin $2,018,000 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 $950,000 the first year and $950,000 the second year are from the nongame wildlife management account in the natural resources fund for the purpose of nongame wildlife management. Notwithstanding Minnesota Statutes, section 290.431, $100,000 the first year and $100,000 the second year may be used for nongame wildlife information, education, and promotion. new text end

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

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

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

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

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

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

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

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

new text begin $10,000 the first year and $64,000 the second year are to study, in cooperation with the Board of Water and Soil Resources, the feasibility of the state assuming administration of the section 404 permit program of the federal Clean Water Act as required in this act. This is a onetime appropriation. new text end

new text begin $100,000 the first year is to develop cost estimates, in cooperation with the Metropolitan Council, for the augmentation of White Bear Lake with water from the Sucker Lake chain of lakes. The commissioner must submit a report with the cost estimates developed under this paragraph to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources policy and finance by February 1, 2016. This is a onetime appropriation. new text end

new text begin The commissioner of natural resources must create a groundwater model that uses existing data for the Bonanza Valley Groundwater Management Area to describe the current groundwater conditions and characterize the nature and extent of the primary aquifers and the relationship of surface water and groundwater. new text end

new text begin $400,000 the first year is for grants to assist in the construction of flood protection rural and farmstead ring levees in the Red River watershed. Grants may not exceed 50 percent of the cost of the projects. This is a onetime appropriation and is available until June 30, 2019. new text end

new text begin $75,000 the first year is for a grant to the city of Virginia for erosion control on the northeast side of Silver Lake to protect public and private property and infrastructure. This is a onetime appropriation. new text end

new text begin Subd. 4. new text end

new text begin Forest Management new text end

new text begin 39,614,000 new text end new text begin 39,781,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 26,446,000 new text end new text begin 26,350,000 new text end
new text begin Natural Resources new text end new text begin 11,881,000 new text end new text begin 12,144,000 new text end
new text begin Game and Fish new text end new text begin 1,287,000 new text end new text begin 1,287,000 new text end

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

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

new text begin $11,881,000 the first year and $12,144,000 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. The base for fiscal year 2018 and later is $11,644,000. new text end

new text begin $1,287,000 the first year and $1,287,000 the second year are from the heritage enhancement account in the game and fish fund to advance ecological classification systems (ECS) scientific management tools for forest and invasive species management. This appropriation is from revenue deposited in the game and fish fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (1). new text end

new text begin $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 $250,000 the first year and $250,000 the second year are for the FORIST system. new text end

new text begin At least $500,000 the first year is for forest road maintenance. The commissioner shall use the money to perform needed maintenance on forest roads in conjunction with timber sales. new text end

new text begin The commissioner shall contract with a telecommunication provider to place a cell phone transmitter on the ranger tower on Side Lake in St. Louis County. new text end

new text begin Subd. 5. new text end

new text begin Parks and Trails Management new text end

new text begin 74,064,000 new text end new text begin 73,650,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 24,967,000 new text end new text begin 24,427,000 new text end
new text begin Natural Resources new text end new text begin 46,831,000 new text end new text begin 46,950,000 new text end
new text begin Game and Fish new text end new text begin 2,266,000 new text end new text begin 2,273,000 new text end

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

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

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

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

new text begin $1,360,000 the first year and $1,360,000 the second year are from the natural resources fund for the off-highway vehicle grants-in-aid program. Of this amount, $1,210,000 each year is from the all-terrain vehicle account; and $150,000 each year is from the off-highway motorcycle account. Any unencumbered balance does not cancel at the end of the first year and is available for the second year. new text end

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

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

new text begin $968,000 the first year and $968,000 the second year are from the off-road vehicle account in the natural resources fund. Of this amount, $568,000 each year is for parks and trails management for off-road vehicle purposes; $325,000 each year is for the off-road vehicle grant in aid program; and $75,000 each year is for a new full-time employee position or contract in northern Minnesota to work in conjunction with the Minnesota Four-Wheel Drive Association to address off-road vehicle touring routes and other issues related to off-road vehicle activities. Of this appropriation, the $325,000 each year is onetime. new text end

new text begin $65,000 the first year is from the water recreation account in the natural resources fund to cooperate with local units of government in marking routes and designating river accesses and campsites under Minnesota Statutes, section 85.32. This is a onetime appropriation and is available until June 30, 2019. new text end

new text begin $190,000 the first year is for a grant to the city of Virginia for the additional cost of supporting a trail due to the rerouting of U.S. Highway No. 53. This is a onetime appropriation and is available until June 30, 2019. new text end

new text begin $50,000 the first year is for development of a master plan for the Mississippi Blufflands Trail, including work on possible extensions or connections to other state or regional trails. This is a onetime appropriation that is available until June 30, 2017. new text end

new text begin $61,000 from the natural resources fund the first year is for a grant to the city of East Grand Forks for payment under a reciprocity agreement for the Red River State Recreation Area. new text end

new text begin $500,000 the first year is for restoration or replacement of a historic trestle bridge in Blackduck. This is a onetime appropriation and is available until June 30, 2019. new text end

new text begin The base for parks and trails operations in the natural resources fund in fiscal year 2018 and thereafter is $46,450,000. new text end

new text begin Subd. 6. new text end

new text begin Fish and Wildlife Management new text end

new text begin 71,177,000 new text end new text begin 71,713,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin Natural Resources new text end new text begin 1,908,000 new text end new text begin 1,912,000 new text end
new text begin Game and Fish new text end new text begin 69,269,000 new text end new text begin 69,801,000 new text end

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

new text begin $1,000,000 the first year and $1,000,000 the second year are from the game and fish fund for shooting sports facility grants under Minnesota Statutes, section 87A.10, including grants for archery facilities. Up to $100,000 each year is available for shooting sports facilities on state lands. Grants must be matched with a nonstate match, which may include in-kind contributions. This is a onetime appropriation and is available until June 30, 2019. new text end

new text begin The game and fish fund base for fish and wildlife management in fiscal year 2018 and thereafter is $65,619,000. new text end

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

new text begin Subd. 7. new text end

new text begin Enforcement new text end

new text begin 39,344,000 new text end new text begin 38,377,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 4,257,000 new text end new text begin 4,140,000 new text end
new text begin Natural Resources new text end new text begin 10,153,000 new text end new text begin 10,309,000 new text end
new text begin Game and Fish new text end new text begin 24,834,000 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 $200,000 the first year is from the general fund and $1,900,000 the first year is from the game and fish fund are for aviation services. This appropriation is onetime. new text end

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

new text begin $1,537,000 the first year and $1,580,000 the second year are from the heritage enhancement account in the game and fish fund for only the purposes specified in Minnesota Statutes, section 297A.94, paragraph (e), clause (1). new text end

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

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

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

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

new text begin Subd. 8. new text end

new text begin Operations Support new text end

new text begin 870,000 new text end new text begin 770,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 550,000 new text end new text begin 450,000 new text end
new text begin Natural Resources new text end new text begin 320,000 new text end new text begin 320,000 new text end

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

new text begin $300,000 the first year and $450,000 the second year are for legal costs related to water management. This is a onetime appropriation and is available until June 30, 2018. new text end

new text begin With money appropriated in this section, the commissioner shall give preference to call centers located in Minnesota. new text end

new text begin Subd. 9. new text end

new text begin Cancellation new text end

new text begin The general fund appropriation of $1,000,000 in Laws 2014, chapter 312, article 12, section 6, subdivision 2, is canceled on July 1, 2015. 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 13,237,000 new text end new text begin $ new text end new text begin 13,415,000 new text end

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

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

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

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

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

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

new text begin $800,000 the first year and $750,000 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 for fiscal year 2018 and later is $761,000. new text end

new text begin $166,000 the first year and $166,000 the second year are to provide technical assistance to local drainage management officials and for the costs of the Drainage Work Group. new text end

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

new text begin $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 $8,000 the first year and $262,000 the second year are to study, in cooperation with the commissioner of natural resources, the feasibility of the state assuming administration of the section 404 permit program of the federal Clean Water Act as required in this act. This is a onetime appropriation. new text end

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

new text begin The appropriations for grants in this section are available until expended. If an appropriation for grants in either year is insufficient, the appropriation in the other year is available for it. new text end

new text begin The base for the board in fiscal year 2018 and thereafter is increased by $11,000,000 for grants to soil and water conservation districts to implement buffer requirements. new text end

Sec. 5.

new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end new text begin 8,740,000 new text end new text begin $ new text end new text begin 8,740,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 3,070,000 new text end new text begin 3,070,000 new text end
new text begin Natural Resources new text end new text begin 5,670,000 new text end new text begin 5,670,000 new text end

new text begin $2,870,000 the first year and $2,870,000 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 $5,670,000 the first year and $5,670,000 the second year are from the natural resources fund for metropolitan area regional parks and trails maintenance and operations. This appropriation is from the revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (3). new text end

new text begin $200,000 the first year and $200,000 the second year are for the Metropolitan Area Water Supply Policy Advisory Committee study and the Metropolitan Area Water Supply Technical Advisory Committee required under Minnesota Statutes, section 473.1565. This is a onetime appropriation. new text end

Sec. 6.

new text begin CONSERVATION CORPS MINNESOTA new text end

new text begin $ new text end new text begin 945,000 new text end new text begin $ new text end new text begin 945,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 455,000 new text end new text begin 455,000 new text end
new text begin Natural Resources new text end new text begin 490,000 new text end new text begin 490,000 new text end

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

Sec. 7.

new text begin ZOOLOGICAL BOARD new text end

new text begin $ new text end new text begin 8,410,000 new text end new text begin $ new text end new text begin 8,410,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 8,250,000 new text end new text begin 8,250,000 new text end
new text begin Natural Resources new text end new text begin 160,000 new text end new text begin 160,000 new text end

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

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 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. 10.

Laws 2010, chapter 215, article 3, section 5, subdivision 4, is amended to read:

Subd. 4.

Returned Grants

Beginning July 1, 2010, all returned grant money originating from general fund grant programs will be deposited into individual accounts in the special revenue fund and deleted text begin held for eventual transfer back to the general fund. On December 15, 2010, and on December 15 of each year thereafter, $310,000 of the receipts in this special revenue fund will be transferred to the general fund. If less than $310,000 is available on the transfer date, an additional transfer on June 15 sufficient to make the $310,000 annual obligation will be madedeleted text end new text begin may be used for the purposes of Minnesota Statutes, section 103B.102, for grants to local governments as authorized in Minnesota Statutes, section 103B.3369, or to cover onetime costs for implementation of natural resources block grant funded programs, including the Wetland Conservation Act, wetland banking, shoreland management, and local water management programsnew text end .

Sec. 11.

Laws 2014, chapter 312, article 12, section 6, subdivision 5, is amended to read:

Subd. 5.

Fish and Wildlife Management

-0- 2,412,000

$3,000 in 2015 is from the heritage enhancement account in the game and fish fund for a report on aquatic plant management permitting policies for the management of narrow-leaved and hybrid cattail in a range of basin types across the state. The report shall be submitted to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over environment and natural resources by December 15, 2014, and include recommendations for any necessary changes in statutes, rules, or permitting procedures. This is a onetime appropriation.

$9,000 in 2015 is from the game and fish fund for the commissioner, in consultation with interested parties, agencies, and other states, to develop a detailed restoration plan to recover the historical native population of bobwhite quail in Minnesota for its ecological and recreational benefits to the citizens of the state. The commissioner shall conduct public meetings in developing the plan. No later than January 15, 2015, the commissioner must report on the plan's progress to the legislative committees with jurisdiction over environment and natural resources policy and finance. This is a onetime appropriation.

$2,000,000 in 2015 is from the game and fish fund for shooting sports facility grants under Minnesota Statutes, section 87A.10. new text begin The commissioner may spend up to $50,000 of this appropriation to administer the grant. new text end This is a onetime appropriation and is available until June 30, 2017.

$400,000 in 2015 is from the heritage enhancement account in the game and fish fund for new text begin hunter and angler recruitment and retention activities and new text end grants to local chapters of Let's Go Fishing of Minnesota to provide community outreach to senior citizens, youth, and veterans and for the costs associated with establishing and recruiting new chapters. The grants must be matched with cash or in-kind contributions from nonstate sources. Of this amount, $25,000 is for Asian Outdoor Heritage for youth fishing recruitment efforts and outreach in the metropolitan area. The commissioner shall establish a grant application process that includes a standard for ownership of equipment purchased under the grant program and contract requirements that cover the disposition of purchased equipment if the grantee no longer exists. Any equipment purchased with state grant money must be specified on the grant application and approved by the commissioner. The commissioner may spend up to three percent of the appropriation to administer the grant. This is a onetime appropriation and is available until June 30, 2016.

Sec. 12.

new text begin REPEALER. new text end

new text begin Laws 2010, chapter 215, article 3, section 3, subdivision 6, as amended by Laws 2010, First Special Session chapter 1, article 6, section 6, Laws 2013, chapter 114, article 3, section 9, new text end new text begin is repealed. new text end

ARTICLE 4

ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES

Section 1.

Minnesota Statutes 2014, section 16A.152, subdivision 1b, is amended to read:

Subd. 1b.

Budget reserve level.

(a) The commissioner of management and budget shall calculate the budget reserve level by multiplying the current biennium's general fund nondedicated revenues and the most recent budget reserve percentage under subdivision 8.

(b) If, on the basis of a November forecast of general fund revenues and expenditures, the commissioner of management and budget determines that there will be a positive unrestricted general fund balance at the close of the biennium and that the provisions of subdivision 2, clauses (1), (2), (3), deleted text begin anddeleted text end (4), new text begin (5), and (6) new text end are satisfied, the commissioner shall transfer to the budget reserve account in the general fund the amount necessary to increase the budget reserve to the budget reserve level determined under paragraph (a). The amount of the transfer authorized in this paragraph shall not exceed 33 percent of the positive unrestricted general fund balance determined in the forecast.

Sec. 2.

Minnesota Statutes 2014, section 16A.152, subdivision 2, is amended to read:

Subd. 2.

Additional revenues; priority.

(a) If on the basis of a forecast of general fund revenues and expenditures, the commissioner of management and budget determines that there will be a positive unrestricted budgetary general fund balance at the close of the biennium, the commissioner of management and budget must allocate money to the following accounts and purposes in priority order:

(1) the cash flow account established in subdivision 1 until that account reaches $350,000,000;

(2) the budget reserve account established in subdivision 1a until that account reaches $810,992,000;

(3) the amount necessary to increase the aid payment schedule for school district aids and credits payments in section 127A.45 to not more than 90 percent rounded to the nearest tenth of a percent without exceeding the amount available and with any remaining funds deposited in the budget reserve; deleted text begin anddeleted text end

(4) the amount necessary to restore all or a portion of the net aid reductions under section 127A.441 and to reduce the property tax revenue recognition shift under section 123B.75, subdivision 5, by the same amountdeleted text begin .deleted text end new text begin ;new text end

new text begin (5) the closed landfill investment fund established in section 115B.421 until $63,215,000 has been transferred into the account. This clause expires after the entire amount of the transfer has been made; and new text end

new text begin (6) the metropolitan landfill contingency action trust account established in section 473.845 until $8,100,000 has been transferred into the account. This clause expires after the entire amount of the transfer has been made. new text end

(b) The amounts necessary to meet the requirements of this section are appropriated from the general fund within two weeks after the forecast is released or, in the case of transfers under paragraph (a), clauses (3) and (4), as necessary to meet the appropriations schedules otherwise established in statute.

(c) The commissioner of management and budget shall certify the total dollar amount of the reductions under paragraph (a), clauses (3) and (4), to the commissioner of education. The commissioner of education shall increase the aid payment percentage and reduce the property tax shift percentage by these amounts and apply those reductions to the current fiscal year and thereafter.

Sec. 3.

Minnesota Statutes 2014, section 16C.073, subdivision 2, is amended to read:

Subd. 2.

Purchasesdeleted text begin ; printingdeleted text end .

(a) Whenever practicable, a public entity shall:

(1) purchase uncoated new text begin copy paper, new text end office papernew text begin ,new text end and printing paper;

(2) purchase recycled content new text begin copy new text end paper with at least deleted text begin tendeleted text end new text begin 30new text end percent postconsumer material by weightnew text begin and purchase printing and office paper with at least ten percent postconsumer material by weightnew text end ;

(3) purchase new text begin copy, office, and printing new text end paper which has not been dyed with colors, excluding pastel colors;

(4) purchase recycled content new text begin copy, office, and printing new text end paper that is manufactured using little or no chlorine bleach or chlorine derivatives;

deleted text begin (5) use no more than two colored inks, standard or processed, except in formats where they are necessary to convey meaning; deleted text end

deleted text begin (6)deleted text end new text begin (5)new text end use reusable binding materials or staples and bind documents by methods that do not use glue;

deleted text begin (7)deleted text end new text begin (6)new text end use soy-based inks;

deleted text begin (8)deleted text end new text begin (7)new text end produce reports, publications, and periodicals that are readily recyclable deleted text begin within the state resource recovery programdeleted text end ; and

deleted text begin (9)deleted text end new text begin (8)new text end purchase paper which has been made on a paper machine located in Minnesota.

(b) Paragraph (a), clause (1), does not apply to coated paper that is made with at least 50 percent postconsumer material.

(c) A public entity shall print documents on both sides of the paper where commonly accepted publishing practices allow.

deleted text begin (d) Notwithstanding paragraph (a), clause (2), and section 16C.0725, copier paper purchased by a state agency must contain at least ten percent postconsumer material by fiber content. deleted text end

Sec. 4.

Minnesota Statutes 2014, section 84.415, subdivision 7, is amended to read:

Subd. 7.

deleted text begin Existing road right-of-way;deleted text end new text begin Application new text end fee exemption.

new text begin (a) new text end A utility license for crossing public lands or public waters is exempt from all new text begin application new text end fees specified in this section and in rules adopted under this section deleted text begin when the utility crossing is on an existing right-of-way of a public roaddeleted text end .

new text begin (b) This subdivision does not apply to electric power lines, cables, or conduits 100 kilovolts or greater or to main pipelines for gas, liquids, or solids in suspension. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2014, and does not authorize the retroactive collection of fees. new text end

Sec. 5.

new text begin [84.69] NATURAL RESOURCES CONSERVATION EASEMENT STEWARDSHIP ACCOUNT. new text end

new text begin Subdivision 1. new text end

new text begin Account established; sources. new text end

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

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

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

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

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

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

new text begin Subd. 2. new text end

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

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

new text begin Subd. 3. new text end

new text begin Financial contributions. new text end

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2014, section 84.788, subdivision 5, is amended to read:

Subd. 5.

Report of new text begin ownership new text end transfers; fee.

deleted text begin A person who sells or transfersdeleted text end new text begin (a) Application for transfer ofnew text end ownership of an off-highway motorcycle registered under this section deleted text begin shall report the sale or transferdeleted text end new text begin must be madenew text end to the commissioner within 15 days of the date of transfer.

new text begin (b) new text end An application for transfer must be executed by the registered owner and the deleted text begin buyer on a form prescribed by the commissioner with the owner's registration certificate, deleted text end new text begin purchaser usingnew text end a bill of saledeleted text begin , and a $4 feedeleted text end new text begin that includes the vehicle serial numbernew text end .

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016. new text end

Sec. 7.

Minnesota Statutes 2014, section 84.788, is amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Report of registration transfers. new text end

new text begin (a) Application for transfer of registration under this section must be made to the commissioner within 15 days of the date of transfer. new text end

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016. new text end

Sec. 8.

new text begin [84.8031] GRANT-IN-AID APPLICATIONS; REVIEW PERIOD. new text end

new text begin The commissioner must review an off-road vehicle grant-in-aid application and, if approved, commence 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 end

Sec. 9.

Minnesota Statutes 2014, section 84.82, subdivision 2a, is amended to read:

Subd. 2a.

Nontrail use registration.

A snowmobile may be registered for nontrail use. A snowmobile registered under this subdivision may not be operated on a state or grant-in-aid snowmobile trail. The fee for a nontrail use registration new text begin of a snowmobile with an engine displacement that is greater than 125 cubic centimeters new text end is $45 for three years. A nontrail use registration is not transferable. In addition to other penalties prescribed by law, the penalty for violation of this subdivision is immediate revocation of the nontrail use registration. The commissioner shall ensure that the registration sticker provided for limited nontrail use is of a different color and is distinguishable from other snowmobile registration and state trail stickers provided.

Sec. 10.

Minnesota Statutes 2014, section 84.82, subdivision 6, is amended to read:

Subd. 6.

Exemptions.

Registration is not required under this section for:

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

(2) a snowmobile registered in a country other than the United States temporarily used within this state;

(3) a snowmobile that is covered by a valid license of another state and has not been within this state for more than 30 consecutive days or that is registered by an Indian tribal government to a tribal member and has not been outside the tribal reservation boundary for more than 30 consecutive days;

(4) a snowmobile used exclusively in organized track racing events;

(5) a snowmobile in transit by a manufacturer, distributor, or dealer;

(6) a snowmobile at least 15 years old in transit by an individual for use only on land owned or leased by the individual; deleted text begin ordeleted text end

(7) a snowmobile while being used to groom a state or grant-in-aid trailnew text begin ; ornew text end

new text begin (8) a snowmobile with an engine displacement that is 125 cubic centimeters or less and the snowmobile is not operated on a state or grant-in-aid trailnew text end .

Sec. 11.

Minnesota Statutes 2014, section 84.84, is amended to read:

84.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP.

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

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

new text begin (c) The purchaser is subject to the penalties imposed by section 84.88 if the purchaser fails to apply for transfer of ownership as provided under this subdivision. new text end Every owner or part owner of a snowmobile shall, upon failure to give deleted text begin suchdeleted text end noticenew text begin of destruction or abandonmentnew text end , be subject to the penalties imposed by deleted text begin Laws 1967, chapter 876deleted text end new text begin section 84.88new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016. new text end

Sec. 12.

Minnesota Statutes 2014, section 84.92, subdivision 8, is amended to read:

Subd. 8.

All-terrain vehicle or vehicle.

"All-terrain vehicle" or "vehicle" means a motorized vehicle deleted text begin ofdeleted text end new text begin with: (1)new text end not less than three, but not more than six low pressure or non-pneumatic tiresdeleted text begin , that is limited in engine displacement of less than 1,000 cubic centimeters anddeleted text end new text begin ; (2) a total dry weight of 2,000 pounds or less; and (3) a total width from outside of tire rim to outside of tire rim that is 65 inches or less. All-terrain vehicle new text end includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.new text begin All-terrain vehicle does not include a golf cart, mini-truck, dune buggy, or go-cart or a vehicle designed and used specifically for lawn maintenance, agriculture, logging, or mining purposes.new text end

Sec. 13.

Minnesota Statutes 2014, section 84.92, subdivision 9, is amended to read:

Subd. 9.

Class 1 all-terrain vehicle.

"Class 1 all-terrain vehicle" means an all-terrain vehicle that has a total deleted text begin dry weight of less than 1,200 poundsdeleted text end new text begin width from outside of tire rim to outside of tire rim that is 50 inches or lessnew text end .

Sec. 14.

Minnesota Statutes 2014, section 84.92, subdivision 10, is amended to read:

Subd. 10.

Class 2 all-terrain vehicle.

"Class 2 all-terrain vehicle" means an all-terrain vehicle that has a total deleted text begin dry weight of 1,200 to 1,800 poundsdeleted text end new text begin width from outside of tire rim to outside of tire rim that is greater than 50 inches but not more than 65 inchesnew text end .

Sec. 15.

Minnesota Statutes 2014, section 84.922, subdivision 4, is amended to read:

Subd. 4.

Report of transfers.

deleted text begin A person who sells or transfers ownership of a vehicle registered under this section shall report the sale ordeleted text end new text begin (a) Application fornew text end transfer new text begin of ownership must be made new text end to the commissioner within 15 days of the date of transfer.

new text begin (b) new text end An application for transfer must be executed by the registered owner and the purchaser deleted text begin on a form prescribed by the commissioner with the owner's registration certificate,deleted text end new text begin usingnew text end a bill of sale deleted text begin and a $4 feedeleted text end new text begin that includes the vehicle serial numbernew text end .

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016. new text end

Sec. 16.

Minnesota Statutes 2014, section 84.925, subdivision 5, is amended to read:

Subd. 5.

Training requirements.

(a) An individual who was born after July 1, 1987, and who is 16 years of age or older, must successfully complete the independent study course component of all-terrain vehicle safety training before operating an all-terrain vehicle on public lands or waters, public road rights-of-way, or state or grant-in-aid trails.

(b) An individual who is convicted of violating a law related to the operation of an all-terrain vehicle must successfully complete the independent study course component of all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.

(c) An individual who is convicted for a second or subsequent excess speed, trespass, or wetland violation in an all-terrain vehicle season, or any conviction for careless or reckless operation of an all-terrain vehicle, must successfully complete the independent study and the testing and operating course components of all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.

(d) An individual who receives three or more citations and convictions for violating a law related to the operation of an all-terrain vehicle in a two-year period must successfully complete the independent study and the testing and operating course components of all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.

(e) An individual must present evidence of compliance with this subdivision before an all-terrain vehicle registration is issued or renewed.new text begin A person may use the following as evidence of meeting all-terrain vehicle safety certificate requirements:new text end

new text begin (1) a valid all-terrain vehicle safety certificate issued by the commissioner; new text end

new text begin (2) a driver's license that has a valid all-terrain vehicle safety certificate indicator issued under section 171.07, subdivision 18; or new text end

new text begin (3) an identification card that has a valid all-terrain vehicle safety certificate indicator issued under section 171.07, subdivision 18. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016, or the date the new driver and vehicle services information technology system is implemented, whichever comes later. new text end

Sec. 17.

Minnesota Statutes 2014, 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 11 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 new text begin roadway, new text end 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. 18.

Minnesota Statutes 2014, section 84.928, subdivision 1, is amended to read:

Subdivision 1.

Operation on roads and rights-of-way.

(a) Unless otherwise allowed in sections 84.92 to 84.928new text begin or by local ordinance under paragraph (k)new text end , a person shall not operate an all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope of a public road right-of-way of a trunk, county state-aid, or county highway.

(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside bank or slope of a trunk, county state-aid, or county highway unless prohibited under paragraph (d) or (f).

(c) A person may operate new text begin a class 1 all-terrain vehicle designed by the manufacturer for off-road use to be driven by a steering wheel and equipped with operator and passenger seat belts and a roll-over protective structure or new text end a class 2 all-terrain vehicle:

(1) within the public road right-of-way of a county state-aid or county highway on the new text begin right shoulder or thenew text end extreme right-hand side of the road and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions, unless prohibited under paragraph (d) or (f);

(2) on the bank, slope, or ditch of a public road right-of-way of a trunk, county state-aid, or county highway but only to access businesses or make trail connections, and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions, unless prohibited under paragraph (d) or (f); and

(3) on the bank or ditch of a public road right-of-way on a designated class 2 all-terrain vehicle trail.

(d) A road authority as defined under section 160.02, subdivision 25, may after a public hearing restrict the use of all-terrain vehicles in the public road right-of-way under its jurisdiction.

(e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside bank or slope of a trunk, interstate, county state-aid, or county highway:

(1) that is part of a funded grant-in-aid trail; or

(2) when the all-terrain vehicle is owned by or operated under contract withnew text begin :new text end

new text begin (i) a road authority as defined under section 160.02, subdivision 25; or new text end

new text begin (ii)new text end a publicly or privately owned utility or pipeline company and used for work on utilities or pipelines.

(f) The commissioner may limit the use of a right-of-way for a period of time if the commissioner determines that use of the right-of-way causes:

(1) degradation of vegetation on adjacent public property;

(2) siltation of waters of the state;

(3) impairment or enhancement to the act of taking game; or

(4) a threat to safety of the right-of-way users or to individuals on adjacent public property.

The commissioner must notify the road authority as soon as it is known that a closure will be ordered. The notice must state the reasons and duration of the closure.

(g) A person may operate an all-terrain vehicle registered for private use and used for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or county highway in this state if the all-terrain vehicle is operated on the extreme right-hand side of the road, and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions.

(h) A person shall not operate an all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in the agricultural zone unless the vehicle is being used exclusively as transportation to and from work on agricultural lands. This paragraph does not apply to an agent or employee of a road authority, as defined in section 160.02, subdivision 25, or the Department of Natural Resources when performing or exercising official duties or powers.

(i) A person shall not operate an all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way and in the same direction as the highway traffic on the nearest lane of the adjacent roadway.

(j) A person shall not operate an all-terrain vehicle at any time within the right-of-way of an interstate highway or freeway within this state.

new text begin (k) A county, city, or town, acting through its governing body, may by ordinance allow a person to operate an all-terrain vehicle on a public road or street under its jurisdiction to access businesses and residences and to make trail connections. new text end

new text begin EFFECTIVE DATE. new text end

new text begin The amendments to paragraph (e) of this section are effective the day following final enactment. new text end

Sec. 19.

Minnesota Statutes 2014, section 84D.01, is amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Aquatic invasive species affirmation. new text end

new text begin "Aquatic invasive species affirmation" means an affirmation of the summary of the aquatic invasive species laws of this chapter that is part of watercraft licenses and nonresident fishing licenses, as provided in section 84D.106. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016. new text end

Sec. 20.

Minnesota Statutes 2014, section 84D.01, subdivision 13, is amended to read:

Subd. 13.

Prohibited invasive species.

"Prohibited invasive species" means a nonnative species that has been deleted text begin listeddeleted text end new text begin designatednew text end as a prohibited invasive species in a rule adopted by the commissioner under section 84D.12.

Sec. 21.

Minnesota Statutes 2014, section 84D.01, subdivision 15, is amended to read:

Subd. 15.

Regulated invasive species.

"Regulated invasive species" means a nonnative species that has been deleted text begin listeddeleted text end new text begin designatednew text end as a regulated invasive species in a rule adopted by the commissioner under section 84D.12.

Sec. 22.

Minnesota Statutes 2014, section 84D.01, subdivision 17, is amended to read:

Subd. 17.

Unlisted nonnative species.

"Unlisted nonnative species" means a nonnative species that has not been deleted text begin listeddeleted text end new text begin designatednew text end as a prohibited invasive species, a regulated invasive species, or an unregulated nonnative species in a rule adopted by the commissioner under section 84D.12.

Sec. 23.

Minnesota Statutes 2014, section 84D.01, subdivision 18, is amended to read:

Subd. 18.

Unregulated nonnative species.

"Unregulated nonnative species" means a nonnative species that has been deleted text begin listeddeleted text end new text begin designatednew text end as an unregulated nonnative species in a rule adopted by the commissioner under section 84D.12.

Sec. 24.

Minnesota Statutes 2014, section 84D.06, is amended to read:

84D.06 UNLISTED NONNATIVE SPECIES.

Subdivision 1.

Process.

A person may not introduce an unlisted nonnative aquatic plant or wild animal species unless:

(1) the person has notified the commissioner in a manner and form prescribed by the commissioner;

(2) the commissioner has made the classification determination required in subdivision 2 and deleted text begin listeddeleted text end new text begin designatednew text end the species as appropriate; and

(3) the introduction is allowed under the applicable provisions of this chapter.

Subd. 2.

Classification.

(a) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as a prohibited invasive species, the commissioner shall:

(1) adopt a rule under section 84D.12, subdivision 3, deleted text begin listingdeleted text end new text begin designatingnew text end the species as a prohibited invasive species; and

(2) notify the person from which the notification was received that the species is subject to section 84D.04.

(b) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as an unregulated nonnative species, the commissioner shall:

(1) adopt a rule under section 84D.12, subdivision 3, deleted text begin listingdeleted text end new text begin designatingnew text end the species as an unregulated nonnative species; and

(2) notify the person from which the notification was received that the species is not subject to regulation under this chapter.

(c) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as a regulated invasive species, the commissioner shall notify the applicant that the species is subject to the requirements in section 84D.07.

Sec. 25.

Minnesota Statutes 2014, section 84D.10, subdivision 3, is amended to read:

Subd. 3.

Removal and confinement.

(a) A conservation officer or other licensed peace officer may order:

(1) the removal of aquatic macrophytes or prohibited invasive species from water-related equipmentnew text begin , including decontamination using hot water or high pressure equipment when available on site,new text end before deleted text begin itdeleted text end new text begin the water-related equipmentnew text end is new text begin transported or before it is new text end placed into waters of the state;

(2) confinement of the water-related equipment at a mooring, dock, or other location until the water-related equipment is removed from the water;

(3) removal of water-related equipment from waters of the state to remove prohibited invasive species if the water has not been listed by the commissioner as being infested with that species; deleted text begin anddeleted text end

(4) a prohibition on placing water-related equipment into waters of the state when the water-related equipment has aquatic macrophytes or prohibited invasive species attached in violation of subdivision 1 or when water has not been drained or the drain plug has not been removed in violation of subdivision 4deleted text begin .deleted text end new text begin ; andnew text end

new text begin (5) decontamination of water-related equipment when available on site. new text end

new text begin (b) An order for removal of prohibited invasive species under paragraph (a), clause (1), or decontamination of water-related equipment under paragraph (a), clause (5), may include tagging the water-related equipment and issuing a notice that specifies a time frame for completing the removal or decontamination and reinspection of the water-related equipment. new text end

deleted text begin (b)deleted text end new text begin (c)new text end An inspector who is not a licensed peace officer may issue orders under paragraph (a), clauses (1), (3), deleted text begin anddeleted text end (4)new text begin , and (5)new text end .

Sec. 26.

new text begin [84D.106] AQUATIC INVASIVE SPECIES AFFIRMATION. new text end

new text begin Aquatic invasive species affirmation is required for all: new text end

new text begin (1) watercraft licenses issued under section 86B.401; and new text end

new text begin (2) all nonresident fishing licenses, as provided in section 97C.301, subdivision 2a. new text end

new text begin EFFECTIVE DATE. new text end

new text begin Clause (1) of this section is effective January 1, 2016, and clause (2) of this section is effective March 1, 2016. new text end

Sec. 27.

Minnesota Statutes 2014, section 84D.11, subdivision 1, is amended to read:

Subdivision 1.

Prohibited invasive species.

The commissioner may issue a permit for the propagation, possession, importation, purchase, or transport of a prohibited invasive species for the purposes of disposal,new text begin decontamination,new text end control, research, or education.

Sec. 28.

Minnesota Statutes 2014, section 84D.12, subdivision 1, is amended to read:

Subdivision 1.

Required rules.

The commissioner shall adopt rules:

(1) deleted text begin listingdeleted text end new text begin designatingnew text end prohibited invasive species, regulated invasive species, and unregulated nonnative species of aquatic plants and wild animals;

(2) governing the application for and issuance of permits under this chapter, which rules may include a fee schedule; and

(3) governing notification under section 84D.08.

Sec. 29.

Minnesota Statutes 2014, section 84D.12, subdivision 3, is amended to read:

Subd. 3.

Expedited rules.

The commissioner may adopt rules under section 84.027, subdivision 13, that deleted text begin listdeleted text end new text begin designatenew text end :

(1) prohibited invasive species of aquatic plants and wild animals;

(2) regulated invasive species of aquatic plants and wild animals; and

(3) unregulated nonnative species of aquatic plants and wild animals.

Sec. 30.

Minnesota Statutes 2014, section 84D.13, subdivision 5, is amended to read:

Subd. 5.

Civil penalties.

(a) A civil citation issued under this section must impose the following penalty amounts:

(1) for transporting aquatic macrophytes in violation of section 84D.09, $100;

(2) for placing or attempting to place into waters of the state water-related equipment that has aquatic macrophytes attached, $200;

(3) for unlawfully possessing or transporting a prohibited invasive species other than an aquatic macrophyte, $500;

(4) for placing or attempting to place into waters of the state water-related equipment that has prohibited invasive species attached when the waters are not listed by the commissioner as being infested with that invasive species, $500;

(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as prescribed by rule, Eurasian water milfoil, $100;

(6) for failing to have drain plugs or similar devices removed or opened while transporting water-related equipment or for failing to remove plugs, open valves, and drain water from water-related equipment, other than marine sanitary systems, before leaving waters of the state, $100; deleted text begin anddeleted text end

(7) for transporting infested water off riparian property without a permit as required by rule, $200new text begin ; andnew text end

new text begin (8) for failing to have aquatic invasive species affirmation displayed or available for inspection as provided in sections 86B.401 and 97C.301, subdivision 2a, $25new text end .

(b) A civil citation that is issued to a person who has one or more prior convictions or final orders for violations of this chapter is subject to twice the penalty amounts listed in paragraph (a).

Sec. 31.

Minnesota Statutes 2014, section 84D.15, subdivision 3, is amended to read:

Subd. 3.

Use of money in account.

Money credited to the invasive species account in subdivision 2 shall be used for management of invasive species and implementation of this chapter as it pertains to invasive species, including control, public awareness, law enforcement, assessment and monitoring, management planning, new text begin habitat improvements, new text end and research.

Sec. 32.

Minnesota Statutes 2014, section 85.015, is amended by adding a subdivision to read:

new text begin Subd. 1e. new text end

new text begin Connection to state parks and recreation areas. new text end

new text begin Trails designated under this section may include connections to state parks or recreation areas that generally lie in between or within the vicinity of the waymarks specifically named in the designation. new text end

Sec. 33.

Minnesota Statutes 2014, section 85.015, is amended by adding a subdivision to read:

new text begin Subd. 6a. new text end

new text begin Mississippi Blufflands Trail; Goodhue and Wabasha Counties. new text end

new text begin (a) The Mississippi Blufflands Trail shall originate at the Cannon Valley Trail and thence extend generally southeasterly along the Mississippi River through Frontenac State Park in Goodhue County and continue through Goodhue and Wabasha Counties to the city of Lake City, and there terminate. The trail shall include connections to the Rattlesnake Bluff Trail. new text end

new text begin (b) The trail shall be developed primarily for riding and hiking. new text end

new text begin (c) In establishing, developing, maintaining, and operating the trail, the commissioner shall cooperate with local units of government and private individuals and groups whenever feasible. new text end

Sec. 34.

Minnesota Statutes 2014, section 85.015, subdivision 7, is amended to read:

Subd. 7.

Blufflands Trail system, Fillmore, Olmsted, Winona, and Houston Counties.

(a) The Root River Trail shall originate at Chatfield in Fillmore County, and thence extend easterly in the Root River Valley to the intersection of the river with Minnesota Trunk Highway No. 26 in Houston County, and extend to the Mississippi River.

(b) Additional trails may be established that extend the Blufflands Trail system to include La Crescent, Hokah, Caledonia, and Spring Grove in Houston County; Preston, Harmony, Fountain, Wykoff, Spring Valley, Mabel,new text begin Prosper,new text end Canton, deleted text begin anddeleted text end Ostrandernew text begin , and connections to the Iowa border including a connection to Niagara Cavenew text end in Fillmore County; Rochester, Dover, Eyota, Stewartville, Byron, and Chester Woods County Park in Olmsted County; and Winona, Minnesota City, Rollingstone, Altura, Lewiston, Utica, St. Charles, and Elba in Winona County. In addition to the criteria in section 86A.05, subdivision 4, these trails must utilize abandoned railroad rights-of-way where possible.

(c) The trails shall be developed primarily for nonmotorized riding and hiking.

Sec. 35.

Minnesota Statutes 2014, section 85.015, subdivision 28, is amended to read:

Subd. 28.

Camp Ripley/Veterans State Trail, Crow Wing, Cass, and Morrison Counties.

The trail shall originate at Crow Wing State Park in Crow Wing County at the southern end of the Paul Bunyan Trail and shall extend from Crow Wing State Park westerly to the city of Pillager, then southerly along the west side of Camp Ripley, then easterly along the south side of Camp Ripley across to the east side of the Mississippi River, and then northerly through Fort Ripley to Crow Wing State Park. A second segment of the trail shall be established that shall extend in a southerly direction and in close proximity to the Mississippi River from the southeasterly portion of the first segment of the trail to the city of Little Falls, and then terminate at the Soo Line Trail in Morrison County.new text begin Separation of motorized and nonmotorized corridors is acceptable as needed.new text end

Sec. 36.

new text begin [85.0506] LAKE VERMILION-SOUDAN UNDERGROUND MINE STATE PARK; HOISTS. new text end

new text begin The Lake Vermilion-Soudan Underground Mine State Park mine tour operation is exempt from sections 326B.163 to 326B.191. The federal mine code for hoists that lift people under Code of Federal Regulations, title 30, part 57, subpart R, applies to the Lake Vermilion-Soudan Underground Mine State Park hoist. The commissioner shall employ a hoist safety expert to conduct an annual inspection of the hoist system at the Lake Vermilion-Soudan Underground Mine State Park. new text end

Sec. 37.

Minnesota Statutes 2014, section 85.054, subdivision 12, is amended to read:

Subd. 12.

new text begin Lake Vermilion-new text end Soudan Underground Mine State Park.

A state park permit is not required and a fee may not be charged for motor vehicle entry or parking at the visitor parking area of Soudan Underground Mine deleted text begin State Parkdeleted text end new text begin and the Stuntz Bay boat house areanew text end .

Sec. 38.

Minnesota Statutes 2014, section 85.32, subdivision 1, is amended to read:

Subdivision 1.

Areas marked.

The commissioner of natural resources is authorized in cooperation with local units of government and private individuals and groups when feasible to mark state water trails on the 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, new text begin Shell Rock, new text end and Crow Rivers which have historic and scenic values and to mark appropriately points of interest, portages, camp sites, and all dams, rapids, waterfalls, whirlpools, and other serious hazards which are dangerous to canoe, kayak, and watercraft travelers.

Sec. 39.

Minnesota Statutes 2014, section 86B.401, subdivision 3, is amended to read:

Subd. 3.

Licensing.

new text begin (a) new text end The license agent shall register the watercraft on receiving an application and the license fee. A license and registration sticker with a registration number shall be issued and must be affixed to the watercraft as prescribed by the commissioner of natural resources.

new text begin (b) A license includes aquatic invasive species affirmation as provided in section 84D.106. The aquatic invasive species affirmation portion of the license must be on board or available with the signed license certificate. The aquatic invasive species affirmation will be provided with an application for a new, transfer, duplicate, or renewal watercraft license. new text end

new text begin (c) new text end The license is not valid unless signed by at least one owner.

new text begin (d) Failure to complete the aquatic invasive species affirmation in this subdivision is subject to the penalty prescribed in section 84D.13, subdivision 5. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016. new text end

Sec. 40.

Minnesota Statutes 2014, section 87A.10, is amended to read:

87A.10 deleted text begin TRAPdeleted text end SHOOTING SPORTS FACILITY GRANTS.

The commissioner of natural resources shall administer a program to provide cost-share grants to local recreational shooting clubs new text begin or local units of government new text end for up to 50 percent of the costs of developing or rehabilitating deleted text begin trapdeleted text end shooting sports facilities for public use. A facility rehabilitated or developed with a grant under this section must be open to the general public at reasonable times and for a reasonable fee on a walk-in basis. The commissioner shall give preference to projects that will provide the most opportunities for youth.

Sec. 41.

Minnesota Statutes 2014, section 88.17, subdivision 3, is amended to read:

Subd. 3.

Special permits.

The following special permits are required at all times, including when the ground is snow-covered:

(a) Fire training. A permit to start a fire for the instruction and training of firefighters, including liquid fuels training, may be given by the commissioner or agent of the commissioner. Except for owners or operators conducting fire training in specialized industrial settings pursuant to applicable federal, state, or local standards, owners or operators conducting open burning for the purpose of instruction and training of firefighters with regard to structures must deleted text begin follow the techniques described in a document entitled: Structural Burn Training Procedures for the Minnesota Technical College System deleted text end new text begin use only fuel materials as outlined in the current edition of National Fire Protection Association 1403, Standard on Live Fire Training Evolutions, and obtain the applicable live burn documents in accordance with the current edition of the Board of Firefighter Training and Education's live burn plan established according to section 299N.02, subdivision 3, clause (2)new text end .

(b) Permanent tree and brush open burning sites. A permit for the operation of a permanent tree and brush burning site may be given by the commissioner or agent of the commissioner. Applicants for a permanent open burning site permit shall submit a complete application on a form provided by the commissioner. Existing permanent tree and brush open burning sites must submit for a permit within 90 days of the passage of this statute for a burning permit. New site applications must be submitted at least 90 days before the date of the proposed operation of the permanent open burning site. The application must be submitted to the commissioner and must contain:

(1) the name, address, and telephone number of all owners of the site proposed for use as the permanent open burning site;

(2) if the operator for the proposed permanent open burning site is different from the owner, the name, address, and telephone number of the operator;

(3) a general description of the materials to be burned, including the source and estimated quantity, dimensions of the site and burn pile areas, hours and dates of operation, and provisions for smoke management; and

(4) a topographic or similarly detailed map of the site and surrounding area within a one-mile circumference showing all structures that might be affected by the operation of the site.

Only trees, tree trimmings, or brush that cannot be disposed of by an alternative method such as chipping, composting, or other method shall be permitted to be burned at a permanent open burning site. A permanent tree and brush open burning site must be located and operated so as not to create a nuisance or endanger water quality. The commissioner shall revoke the permit or order actions to mitigate threats to public health, safety, and the environment in the event that permit conditions are violated.

Sec. 42.

Minnesota Statutes 2014, section 88.49, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Recordingdeleted text end new text begin Provisions of auxiliary forest contract to run with the landnew text end .

deleted text begin The commissioner shall submit such contract in recordable form to the owner of the land covered thereby. If the owner shall indicate to the commissioner an unwillingness to execute the same, or if the owner or any of the persons having an interest therein or lien thereon fail to execute it within 60 days from the time of its submission to the owner, all proceedings relating to the making of this land into an auxiliary forest shall be at an end. deleted text end

deleted text begin When the contract shall have been executed it shall forthwith be recorded in the office of the county recorder at the expense of the owner or, if the title to the land be registered, with the registrar of titles. At the time the contract is recorded with the county recorder for record the owner, at the owner's expense, shall record with the county recorder a certificate from the county attorney to the effect that no change in record title thereof has occurred, that no liens or other encumbrances have been placed thereon, and that no taxes have accrued thereon since the making of the previous certificate. It shall be the duty of the county attorney to furnish this certificate without further compensation. deleted text end

All the provisions of deleted text begin thedeleted text end new text begin a recordednew text end contract deleted text begin shall bedeleted text end new text begin for an auxiliary forest arenew text end deemed covenants running with the land from the date of the filing of the contract for record.

Sec. 43.

Minnesota Statutes 2014, section 88.49, subdivision 4, is amended to read:

Subd. 4.

Effect.

Upon the filing of the contract for recordnew text begin ,new text end the land deleted text begin thereindeleted text end described new text begin in the contractnew text end shall becomenew text begin ,new text end anddeleted text begin ,deleted text end during the life of the contractdeleted text begin ,deleted text end remain deleted text begin and bedeleted text end , an auxiliary forest entitled to all the benefits and subject to all the restrictions of sections deleted text begin 88.47deleted text end new text begin 88.49new text end to 88.53deleted text begin , all of which shall be deemed adeleted text end new text begin . These sections arenew text end part of the obligation of the contract and deleted text begin shall bedeleted text end new text begin arenew text end inviolate, subject only to the police power of the state, to the power of eminent domain, and to deleted text begin the right of the parties thereto by mutual agreement to make applicable to the contract anydeleted text end laws of the state enacted subsequent to deleted text begin its deleted text end new text begin thenew text end execution deleted text begin and filing. This provision shall not be so construed as to prevent amendatory or supplementary legislation which doesdeleted text end new text begin of the contract. Laws enacted subsequent to the date of execution of the contract are applicable to the contract, so long as the laws donew text end not impair deleted text begin thesedeleted text end new text begin thenew text end contract rights of the deleted text begin parties thereto, or as to prevent amendatory or supplementary legislation in respect of the culture, care, or management of the lands included in any such contractdeleted text end new text begin signatories of the contract or their successors or assignsnew text end .

Sec. 44.

Minnesota Statutes 2014, section 88.49, subdivision 5, is amended to read:

Subd. 5.

Cancellation.

deleted text begin Upon the failure ofdeleted text end new text begin (a) Ifnew text end the owner new text begin fails to new text end faithfully deleted text begin to deleted text end fulfill and perform deleted text begin suchdeleted text end new text begin thenew text end contract deleted text begin ordeleted text end new text begin ,new text end any provision deleted text begin thereofdeleted text end new text begin of the contractnew text end , deleted text begin ordeleted text end any requirement of sections deleted text begin 88.47deleted text end new text begin 88.49new text end to 88.53, or any rule deleted text begin adopted bydeleted text end the commissioner deleted text begin thereunderdeleted text end new text begin adopts under those sectionsnew text end , the commissioner may cancel the contract deleted text begin in the manner herein provideddeleted text end . The commissioner shall give deleted text begin todeleted text end the ownerdeleted text begin , in the manner prescribed in section 88.48, subdivision 4,deleted text end 60 days' notice of a hearing deleted text begin thereondeleted text end at which the owner may appear and show cause, if any, why the contract should not be canceled. The commissioner shall deleted text begin thereupondeleted text end new text begin thennew text end determine whether the contract should be canceled and make an order to that effect. deleted text begin Notice of the commissioner's determination and the making of the order shall be given todeleted text end new text begin The commissioner shall give new text end the owner deleted text begin in the manner provided in section 88.48, subdivision 4deleted text end new text begin notice of the commissioner's determination and ordernew text end . deleted text begin On determiningdeleted text end new text begin If the commissioner determinesnew text end that the contract should be canceled and deleted text begin no appeal therefrom be takendeleted text end new text begin the owner does not appeal the determination as provided in subdivision 7new text end , the commissioner shall send notice deleted text begin thereofdeleted text end new text begin of the cancellationnew text end to the auditor of the county and to the town clerk of the town affected and file with the recorder a certified copy of the orderdeleted text begin , whodeleted text end new text begin . The recordernew text end shall deleted text begin forthwithdeleted text end note the cancellation upon the record deleted text begin thereofdeleted text end , and deleted text begin thereupondeleted text end the land deleted text begin thereindeleted text end described new text begin in the contract new text end shall cease to be an auxiliary forest and, together with the timber deleted text begin thereondeleted text end new text begin on the landnew text end , become liable deleted text begin todeleted text end new text begin fornew text end all taxes and assessments that deleted text begin otherwisedeleted text end would have been levied against deleted text begin it had it never been an auxiliary forestdeleted text end new text begin the landnew text end from the time of the making of the contract, deleted text begin any deleted text end new text begin notwithstandingnew text end provisions of the statutes of limitation to the contrary deleted text begin notwithstanding, lessdeleted text end new text begin .new text end The amount of taxes paid under deleted text begin the provisions ofdeleted text end section 88.51, subdivision 1, together with interest on such taxes and assessments at six percent per annum, but without penaltiesnew text begin , must be subtracted from the tax owed by the ownernew text end .

new text begin (b) new text end The commissioner may deleted text begin in like manner and with like effectdeleted text end cancel the contract upon written application of the owner.

new text begin (c) new text end The commissioner shall cancel deleted text begin anydeleted text end new text begin thenew text end contract if the owner has deleted text begin made successful applicationdeleted text end new text begin successfully appliednew text end under deleted text begin sections 290C.01 to 290C.11,deleted text end the Sustainable Forest Incentive Act, new text begin sections 290C.01 to 290C.11, new text end and has paid to the county treasurer the new text begin tax new text end difference between the amount deleted text begin whichdeleted text end new text begin thatnew text end would have been paid had the land under contract been subject to the Minnesota Tree Growth Tax Law and the Sustainable Forest Incentive Act from the date of the recording of the contract and the amount actually paid under section 88.51, deleted text begin subdivisionsdeleted text end new text begin subdivisionnew text end 1new text begin ,new text end andnew text begin Minnesota Statutes 2014, section 88.51, subdivisionnew text end 2. deleted text begin This tax difference must be calculated based on the years the lands would have been taxed under the Tree Growth Tax Law and the Sustainable Forest Incentive Act. deleted text end The sustainable forest tax difference is net of the incentive payment of section 290C.07. If the amount deleted text begin whichdeleted text end new text begin thatnew text end would have been paiddeleted text begin , haddeleted text end new text begin ifnew text end the land under contract new text begin had new text end been under the Minnesota Tree Growth Tax Law and the Sustainable Forest Incentive Act from the date deleted text begin of the filing ofdeleted text end the contractdeleted text begin ,deleted text end new text begin was filednew text end is less than the amount actually paid under the contract, the cancellation shall be made without further payment by the owner.

deleted text begin Whendeleted text end new text begin (d) Ifnew text end the execution of deleted text begin anydeleted text end new text begin thenew text end contract creating an auxiliary forest deleted text begin shall have beendeleted text end new text begin isnew text end procured through fraud or deception deleted text begin practiced upondeleted text end new text begin onnew text end the county board deleted text begin ordeleted text end new text begin ,new text end the commissionernew text begin ,new text end or any other person or body representing the state, deleted text begin itdeleted text end may deleted text begin be canceled deleted text end new text begin cancel itnew text end upon suit brought by the attorney general at the direction of the commissioner. This cancellation deleted text begin shall havedeleted text end new text begin hasnew text end the same effect as the cancellation of a contract by the commissioner.

Sec. 45.

Minnesota Statutes 2014, section 88.49, subdivision 6, is amended to read:

Subd. 6.

Assessment after cancellation.

new text begin (a) new text end For the purpose of levying deleted text begin suchdeleted text end taxes, the county auditor shall, immediately upon deleted text begin receipt ofdeleted text end new text begin receivingnew text end notice of the cancellation of deleted text begin anydeleted text end new text begin anew text end contract creating an auxiliary forest, direct the local assessor to assess the lands within the forest, excluding the value of merchantable timber and minerals and other things of value taxed under the provisions ofnew text begin Minnesota Statutes 2014,new text end section 88.51, subdivision 2, deleted text begin as ofdeleted text end new text begin fornew text end each of the years deleted text begin during whichdeleted text end the lands deleted text begin have beendeleted text end new text begin werenew text end included within the auxiliary forest. The local assessor shall deleted text begin forthwithdeleted text end make the assessment and certify the same to the county auditor. The county auditor shall deleted text begin thereupondeleted text end levy a tax on the assessable value of the land deleted text begin asdeleted text end new text begin ,new text end fixed by section 273.13, for each of the years deleted text begin during which deleted text end the land deleted text begin has beendeleted text end new text begin wasnew text end within an auxiliary forest, at the rate at which other real estate within the taxing district was taxed in those years. The tax deleted text begin so assessed and levied against any land shall bedeleted text end new text begin isnew text end a first and prior lien upon the land and upon all timber and forest products growing, grown, or cut deleted text begin thereondeleted text end new text begin on the landnew text end and removed deleted text begin therefromdeleted text end new text begin from the landnew text end . These taxes deleted text begin shalldeleted text end new text begin mustnew text end be enforced in the same manner as other taxes on real estate are enforced anddeleted text begin , in addition thereto,deleted text end the lien of the tax on forest products cut or removed from this land deleted text begin shalldeleted text end new text begin mustnew text end be enforced by the seizure and sale of the forest products.

new text begin (b) new text end No person shall, after the mailing by the commissioner, as provided in subdivision 5, of notice of hearing on the cancellation of deleted text begin adeleted text end new text begin thenew text end contract making deleted text begin anydeleted text end lands an auxiliary forest, cut or remove from these lands any timber or forest products growing, grown, or cut thereon until all taxes levied under this subdivision deleted text begin shall have beendeleted text end new text begin arenew text end paid, or, deleted text begin in the event suchdeleted text end new text begin if thenew text end levy deleted text begin shalldeleted text end new text begin isnew text end not deleted text begin have beendeleted text end completed, until the owner deleted text begin shall havedeleted text end new text begin hasnew text end given a bond payable to the county, with sureties approved by the county auditor, in deleted text begin suchdeleted text end new text begin the new text end amount deleted text begin asdeleted text end the county auditor deleted text begin shall deemdeleted text end new text begin deemsnew text end ample for the payment of all taxes that may be levied deleted text begin thereondeleted text end under this subdivision, conditioned for the payment of deleted text begin suchdeleted text end new text begin thenew text end taxes.

new text begin (c) new text end Any person who deleted text begin shall violate any of the provisions ofdeleted text end new text begin violatesnew text end this subdivision deleted text begin shall bedeleted text end new text begin isnew text end guilty of a felony.

Sec. 46.

Minnesota Statutes 2014, section 88.49, subdivision 7, is amended to read:

Subd. 7.

Appeal.

new text begin (a) new text end The owner may appeal from any cancellation order of the commissioner to the district court of the county deleted text begin whereindeleted text end new text begin wherenew text end the land is deleted text begin situate,deleted text end new text begin located new text end by serving notice of appeal on the commissioner and filing the same with the court administrator of the district court within 30 days after the date of mailing deleted text begin ofdeleted text end notice of such order.

new text begin (b) new text end The appeal deleted text begin shalldeleted text end new text begin mustnew text end be tried between the state of Minnesota and the owner by the court as a suit for the rescission of a contract is tried, and the judgment of the court deleted text begin shall bedeleted text end new text begin isnew text end substituted for the cancellation order of the commissioner, and deleted text begin shall bedeleted text end new text begin isnew text end final.

Sec. 47.

Minnesota Statutes 2014, section 88.49, subdivision 8, is amended to read:

Subd. 8.

Proceedings in lieu of cancellation.

If cause for the cancellation of deleted text begin anydeleted text end new text begin a new text end contract deleted text begin shall existdeleted text end new text begin existsnew text end , the commissioner may, in lieu of canceling deleted text begin suchdeleted text end new text begin thenew text end contract, perform the terms and conditionsdeleted text begin , other than the payment ofdeleted text end new text begin that the owner was required to perform, except that the commissioner may not pay anynew text end taxesdeleted text begin ,deleted text end new text begin that the owner was new text end requireddeleted text begin , by the contract or by law or by the rules of the commissioner, to be performed by the owner, and may for that purposedeleted text end new text begin to have paid by law. The commissioner maynew text end use any available moneys appropriated for the maintenance of the commissioner's division and any other lawful meansnew text begin to perform all other terms and conditions required to maintain the auxiliary forest statusnew text end . The commissioner shall, on December 1 each year, certify to the auditor of each county the amount of moneys deleted text begin thusdeleted text end expended new text begin on new text end and the value of services deleted text begin thusdeleted text end rendered deleted text begin in respect of any lands thereindeleted text end new text begin for land in the countynew text end since December 1 of the preceding year. The county auditor shall deleted text begin forthwithdeleted text end assess and levy the amount shown by this certificate against the lands described deleted text begin thereindeleted text end . This amount deleted text begin shall beardeleted text end new text begin bearsnew text end interest at the rate of six percent per annum and deleted text begin shall bedeleted text end new text begin isnew text end a lien upon the lands described deleted text begin therein, anddeleted text end new text begin .new text end The collection deleted text begin thereofdeleted text end new text begin of the tax must benew text end enforced in the same manner as taxes levied under section 88.52, subdivision 1deleted text begin ;deleted text end new text begin ,new text end anddeleted text begin ,deleted text end if deleted text begin suchdeleted text end new text begin thenew text end tax deleted text begin bedeleted text end new text begin isnew text end not sooner paid, it deleted text begin shalldeleted text end new text begin mustnew text end be added to, and the payment deleted text begin thereofdeleted text end enforced with, the yield tax imposed under section 88.52, subdivision 2.

Sec. 48.

Minnesota Statutes 2014, section 88.49, subdivision 9, is amended to read:

Subd. 9.

Auxiliary forests; withdrawal of land from.

new text begin (a) new text end Land needed for other purposes may be withdrawn from an auxiliary forest deleted text begin as herein provideddeleted text end . new text begin The owner may submit new text end a verified application deleted text begin therefordeleted text end in a form prescribed by the commissioner of natural resources deleted text begin may be made by the ownerdeleted text end to the county board of the county in which the land is situated, describing the land and stating the purpose of withdrawal. deleted text begin Like proceedings shall be had upon the application as upon an application for the establishment of an auxiliary forest, except that consideration need be given only to the questions to be determined as provided in this subdivision.deleted text end new text begin The county board shall consider the application and hear any matter offered in support of or in opposition to the application. The county board shall make proper record of its action upon the application. If the application is rejected, the county board shall prepare a written statement stating the reasons for the rejection within 30 days of the date of rejection. If the application is rejected, the county auditor shall, within 30 days of the rejection, endorse the rejection on the application and return it, together with a copy of the written statement prepared by the county board stating the reasons for rejection to the applicant. The rejected application and written statement must be sent to the owner by certified mail at the address given in the application.new text end

new text begin (b) If the application is disapproved as to only a part of the lands described, the county auditor shall notify the applicant in the same manner as if the application were rejected. The applicant may amend the application within 60 days after the notice is mailed. If it is not amended, the application is deemed rejected. new text end

new text begin (c)new text end If the county board deleted text begin shall determinedeleted text end new text begin determinesnew text end that the land proposed to be withdrawn is needed and is suitable for the purposes set forth in the application, and that the remaining land in the auxiliary forest is suitable and sufficient for the purposes deleted text begin thereofdeleted text end new text begin of the auxiliary forestnew text end as provided by law, the board may, in its discretion, grant the application, subject to the approval of the commissioner. Upon such approval deleted text begin a supplemental contract evidencing the withdrawal shall be executed, filed, and recorded or registered as the case may require, in like manner as an original auxiliary forest contract. Thereupondeleted text end new text begin by both the county board and the commissioner, the county auditor shall notify the applicant and the commissioner. Upon notice from the county auditor, the commissioner shall cause to be prepared a supplemental contract executed by the commissioner on behalf of the state and by the owner of the fee title or the holder of a state deed and by all other persons having any liens on the land and witnessed and acknowledged as provided by law for the execution of recordable deeds of conveyance. Notices sent by certified mail to the owner in fee at the address given in the application is deemed notice to all persons executing the supplemental contract. The supplemental contract must be prepared by the director of the Division of Forestry on a recordable form approved by an attorney appointed by the commissioner. Every supplemental contract must be approved by the Executive Council. The commissioner shall submit the supplemental contract to the owner of the land. If the owner indicates to the commissioner an unwillingness to execute the supplemental contract, or if the owner or any of the persons with an interest in the land or a lien upon the land fail to execute the contract within 60 days from the time of submission of the contract to the owner for execution, all proceedings relating back to the withdrawal of the land from an auxiliary forest shall be at an end. When the supplemental contract is executed, it must be recorded in the office of the county recorder at the expense of the owner or, if the title to the land is registered, the supplemental contract must be recorded with the registrar of titles. At the time the contract is recorded with the county recorder, the owner, at the owner's expense, shall record with the county recorder a certificate from the county attorney to the effect that no change in record title to the land has occurred, that no liens or other encumbrances have been placed on the land, and that no taxes have accrued on the land since the making of the previous certificate. The county attorney must furnish this certificate without further compensation. Upon execution and recording of the supplemental contract,new text end the land described in the supplemental contract deleted text begin shall ceasedeleted text end new text begin that is to be withdrawn from the auxiliary forest ceases new text end to be part of the auxiliary forest, anddeleted text begin , together with the timber thereon, shall bedeleted text end new text begin the owner isnew text end liable to taxes and assessmentsnew text begin of the withdrawn portion together with the timber on the withdrawn portionnew text end in like manner as upon cancellation of an auxiliary forest contract.

Sec. 49.

Minnesota Statutes 2014, section 88.49, subdivision 11, is amended to read:

Subd. 11.

Auxiliary forests; transfer of title; procedure on division.

The title to the land in an auxiliary forest or any part deleted text begin thereofdeleted text end new text begin of an auxiliary forestnew text end is subject to transfer in the same manner as the title to other real estate, subject to the auxiliary forest contract deleted text begin therefordeleted text end and to applicable provisions of law. deleted text begin In casedeleted text end new text begin Ifnew text end the ownership of deleted text begin such adeleted text end new text begin an auxiliary new text end forest is divided into two or more parts by any transfer or transfers of title and the owners of all deleted text begin suchdeleted text end new text begin thenew text end parts desire to have the deleted text begin samedeleted text end new text begin partsnew text end made separate auxiliary forests, deleted text begin theydeleted text end new text begin the ownersnew text end may join in a verified application deleted text begin therefordeleted text end to the county board of the county in which the forest is situated in a form prescribed by the commissioner of natural resources. If the county board determines that each of the parts into which the forest has been divided is suitable and sufficient for a separate auxiliary forest as provided by law, it maydeleted text begin , in its discretion,deleted text end grant the application, subject to the approval of the commissioner. Upon deleted text begin suchdeleted text end approval, the commissioner shall prepare a new auxiliary forest contract for each part transferred, with like provisions and for the remainder of the same term as the prior contract in force for the entire forest at the time of the transfer, and shall also prepare a modification of deleted text begin suchdeleted text end new text begin thenew text end prior contract, eliminating deleted text begin therefromdeleted text end the part or parts of the land transferred but otherwise leaving the remaining land subject to all the provisions of deleted text begin such deleted text end new text begin thenew text end contract. The new contract or contracts and modification of the prior contract deleted text begin shall deleted text end new text begin mustnew text end be executed and otherwise dealt with in like manner as provided for deleted text begin an originaldeleted text end new text begin a supplementalnew text end auxiliary forest contractnew text begin in subdivision 9new text end , but no such instrument deleted text begin shalldeleted text end new text begin must new text end take effect until all of themdeleted text begin , covering together all parts of the forest existing before the transfer,deleted text end have been executed, filed, and recorded or registereddeleted text begin , as the case may requiredeleted text end . deleted text begin Upon the taking effect ofdeleted text end new text begin Whennew text end all deleted text begin suchdeleted text end new text begin thenew text end instrumentsnew text begin take effectnew text end , the owner of the forest prior to the transfer deleted text begin shall bedeleted text end new text begin isnew text end divested of all rights and relieved from all liabilities under the contract then in force with respect to the parts transferred except deleted text begin suchdeleted text end new text begin thosenew text end as may have existed or accrued at the time of the taking effect of such instruments, and thereafter the several tracts into which the forest has been divided and the respective owners thereof deleted text begin shall bedeleted text end new text begin arenew text end subject to the new contract or contracts or the modified prior contract relating thereto, as the case may be, as provided for an original auxiliary forest contract. The provisions of this subdivision shall not supersede or affect the application of any other provision of law to any auxiliary forest which is divided by transfer of title unless the procedure herein authorized is fully consummated.

Sec. 50.

Minnesota Statutes 2014, section 88.491, subdivision 2, is amended to read:

Subd. 2.

Effect of expired contract.

When auxiliary forest contracts expire, or prior to expiration by mutual agreement between the deleted text begin land ownerdeleted text end new text begin landownernew text end and the appropriate county office, the lands previously covered by an auxiliary forest contract automatically qualify for inclusion under the provisions of the Sustainable Forest Incentive Act; provided that when such lands are included in the Sustainable Forest Incentive Act prior to expiration of the auxiliary forest contractnew text begin ,new text end they will be transferred and a tax paid as provided in section 88.49, subdivision 5, upon application and inclusion in the sustainable forest incentive program. The deleted text begin land ownerdeleted text end new text begin landownernew text end shall pay taxes in an amount equal to the difference between:

(1) the sum of:

(i) the amount which would have been paid from the date of the recording of the contract had the land under contract been subject to the Minnesota Tree Growth Tax Law; plus

(ii) beginning with taxes payable in 2003, the taxes that would have been paid if the land had been enrolled in the sustainable forest incentive program; and

(2) the amount actually paid under section 88.51, deleted text begin subdivisionsdeleted text end new text begin subdivisionnew text end 1new text begin ,new text end and new text begin Minnesota Statutes 2014, section 88.51, subdivisionnew text end 2.

Sec. 51.

Minnesota Statutes 2014, section 88.50, is amended to read:

88.50 TAXATION.

Every auxiliary forest in this state deleted text begin shalldeleted text end new text begin mustnew text end be taxed deleted text begin in the manner and to the extent hereinafter provideddeleted text end new text begin according to sections 88.49 to 88.53new text end and not otherwise. Except as expressly permitted by sections deleted text begin 88.47deleted text end new text begin 88.49new text end to 88.53, no auxiliary forest shall be taxed for, or deleted text begin in any manner,deleted text end directly or indirectly made to contribute to, or become liable for the payment of, any tax or assessment, general or special, or any bond, certificate of indebtedness, or other public obligation of any name or kind, made, issued, or created subsequent to the filing of the contract creating the auxiliary forest, provided that temporary buildings, structures, or other fixtures deleted text begin of whatsoever kinddeleted text end located upon land within an auxiliary forest shall be valued and assessed as personal property and classified as class 3 under the general system of ad valorem taxation. In any proceeding for the making of a special improvement under the laws of this state by which any auxiliary forest will be benefited, the owner deleted text begin thereofdeleted text end may subject the lands deleted text begin thereindeleted text end to assessment deleted text begin therefordeleted text end in the manner provided by law, by filing the owner's new text begin written new text end consent deleted text begin in writingdeleted text end to the deleted text begin making of thedeleted text end assessment in the tribunal in which the proceeding is pendingdeleted text begin , whereupondeleted text end new text begin .new text end The lands shall for the purposes of the improvement and assessment new text begin not new text end be treated as lands deleted text begin notdeleted text end in an auxiliary forest; but the lien of any assessment deleted text begin sodeleted text end levied on lands in any auxiliary forest deleted text begin shall bedeleted text end new text begin isnew text end subject to the provisions of the contract creating the auxiliary forest and subordinate to the lien of any tax imposed under the provisions of sections deleted text begin 88.47deleted text end new text begin 88.49new text end to 88.53.

Sec. 52.

Minnesota Statutes 2014, section 88.51, subdivision 1, is amended to read:

Subdivision 1.

Annual tax, ten cents per acre.

new text begin (a) new text end From and after the filing of the contract creating any tract of land an auxiliary forest under sections deleted text begin 88.47deleted text end new text begin 88.49new text end to 88.53 and hereafter upon any tract heretofore created as an auxiliary forest, the surface of the land deleted text begin thereindeleted text end , exclusive of mineral or anything of value thereunder, deleted text begin shalldeleted text end new text begin mustnew text end be taxed annually at the rate of 10 cents per acre. This tax deleted text begin shalldeleted text end new text begin mustnew text end be levied and collectednew text begin ,new text end and the payment deleted text begin thereofdeleted text end new text begin of the taxnew text end , with penalties and interest, enforced in the same manner as other taxes on real estate, and deleted text begin shalldeleted text end new text begin mustnew text end be credited to the funds of the taxing districts affected in the proportion of their interest in the taxes on this land if it had not been so made an auxiliary forest; provided, that such tax deleted text begin shall bedeleted text end new text begin isnew text end due in full on or before May 31, after the levy thereof. Failure to pay when due any tax so levied deleted text begin shall bedeleted text end new text begin isnew text end cause for cancellation of the contract.

new text begin (b) new text end The levy upon the land of the taxes provided for by section 88.49, subdivision 5, upon the cancellation of a contract, deleted text begin shall discharge and annuldeleted text end new text begin discharges and annulsnew text end all unpaid taxes levied or assessed deleted text begin thereondeleted text end new text begin on the landnew text end .

Sec. 53.

Minnesota Statutes 2014, section 88.51, subdivision 3, is amended to read:

Subd. 3.

Determination of estimated market value.

In determining the net tax capacity of property within any taxing districtnew text begin ,new text end the value of the surface of lands within any auxiliary forest deleted text begin thereindeleted text end new text begin in the taxing districtnew text end , as determined by the county board deleted text begin under the provisions of section 88.48, subdivision 3deleted text end , shall, for all purposes except the levying of taxes on lands within any such forest, be deemed the estimated market value deleted text begin thereofdeleted text end new text begin of those surface landsnew text end .

Sec. 54.

Minnesota Statutes 2014, section 88.52, subdivision 2, is amended to read:

Subd. 2.

Examination, report.

When any timber growing or standing in any auxiliary forest deleted text begin shall have becomedeleted text end new text begin isnew text end suitable for merchantable forest products, the commissioner shall, at the written request of the owner, a copy of which shall at the time be filed in the office of the county auditor, make an examination of the timber and designate for the owner the kind and number of trees most suitable to be cut deleted text begin ifdeleted text end in the judgment of the commissioner deleted text begin there be any, anddeleted text end new text begin .new text end The cutting and removal of deleted text begin thesedeleted text end new text begin designatednew text end trees deleted text begin so designated shalldeleted text end new text begin mustnew text end be in accordance with the instructions of the commissioner. The commissioner shall inspect the cutting or removal and determine whether it or the manner of its performance constitute a violation of the terms of the contract creating the auxiliary forest or of the deleted text begin lawsdeleted text end applicable deleted text begin theretodeleted text end new text begin lawsnew text end , or of the instructions of the commissioner relative to the cutting and removal. Any such violation deleted text begin shall bedeleted text end new text begin isnew text end ground for cancellation of the contract by the commissioner; otherwise the contract deleted text begin shall continuedeleted text end new text begin continuesnew text end in force for the remainder of the period deleted text begin thereindeleted text end statednew text begin in the contractnew text end , regardless of the cutting and removal. Within 90 days after the completion of any cutting or removal operation, the commissioner shall make a report of findings deleted text begin thereondeleted text end and transmit copies of deleted text begin suchdeleted text end new text begin the new text end report to the county auditor and the surveyor general.

Sec. 55.

Minnesota Statutes 2014, section 88.52, subdivision 3, is amended to read:

Subd. 3.

Kinds, permit, scale report, assessment and payment of tax.

(a) Upon deleted text begin thedeleted text end filing of the new text begin owner's written new text end request deleted text begin of the ownerdeleted text end new text begin as provided in subdivision 2new text end , the director of deleted text begin lands anddeleted text end forestry, with the county board or the county land commissioner, shall determine within 30 days the kinds, quantities, and value on the stump of the timber proposed to be cut.

Before the cutting is to begin, the director of deleted text begin lands anddeleted text end forestry shall file with the county auditor a report showing the kinds, quantitiesnew text begin ,new text end and value of the timber proposed to be cut or removed and approved by the director of deleted text begin lands anddeleted text end forestry for cutting within two years after the date of approval of the report by the director of deleted text begin lands anddeleted text end forestry. The county auditor shall assess and levy the estimated yield tax thereon, make proper record of this assessment and levy in the auditor's office, and notify the owner of the auxiliary forest of the new text begin tax new text end amount deleted text begin thereofdeleted text end . The owner shall, before any timber in the forest is cut or removed, give a bond payable to the state of Minnesota, or deleted text begin in lieu thereof,deleted text end new text begin anew text end deposit in cash with the county treasurer, in the amount required by the report, deleted text begin which shall bedeleted text end new text begin andnew text end not less than 150 percent of the amount of the levy, conditioned for the payment of all taxes on the timber to be cut or removed. Upon receipt of notification from the county auditor that the bond or cash requirement has been deposited, the director of deleted text begin lands anddeleted text end forestry will issue a cutting permit in accordance with the report. The owner shall keep an accurate count or scale of all timber cut. On or before deleted text begin the fifteenth day ofdeleted text end Aprilnew text begin 15new text end following issuance of deleted text begin suchdeleted text end new text begin thenew text end cutting permit, and on or before deleted text begin the fifteenth day ofdeleted text end Aprilnew text begin 15new text end of each succeeding year in which any merchantable wood products were cut on auxiliary forest lands prior to the termination of deleted text begin suchdeleted text end new text begin thenew text end permit, the owner of the timber covered by the permit shall file with the director of deleted text begin lands anddeleted text end forestry a sworn statement, submitted in duplicatedeleted text begin ,deleted text end on a form prepared by the director of deleted text begin lands anddeleted text end forestry, one copy of which deleted text begin shalldeleted text end new text begin mustnew text end be transmitted to the county auditornew text begin ,new text end specifying the quantity and value of each variety of timber and kind of product cut during the preceding year ending on March 31, as shown by the scale or measurement deleted text begin thereofdeleted text end made on the ground as cut, skiddednew text begin ,new text end or loaded as the case may be. If no such scale or measurement deleted text begin shall have beendeleted text end new text begin wasnew text end made on the ground, an estimate deleted text begin thereof shalldeleted text end new text begin mustnew text end be made and deleted text begin such estimatedeleted text end corrected by the first scale or measurementdeleted text begin ,deleted text end made in the due course of businessdeleted text begin , and suchdeleted text end new text begin . Thenew text end correction new text begin must new text end at once new text begin be new text end filed with the director of deleted text begin lands anddeleted text end forestry who shall immediately transmit it to the county auditor. On or before deleted text begin the fifteenth day ofdeleted text end Maynew text begin 15new text end following the filing of the sworn statement covering the quantity and value of timber cut under an authorized permit, the auditor shall assess and levy a yield (severance) tax, according tonew text begin Minnesota Statutes 2014,new text end section 88.51, subdivision 2, of the timber cut during the year ending on deleted text begin thedeleted text end March deleted text begin 31stdeleted text end new text begin 31new text end preceding the date of assessing and levying this tax. This tax is payable and must be paid to the county treasurer on or before new text begin the following new text end May 31 deleted text begin next followingdeleted text end . Copies of the yield (severance) tax assessment and of the yield (severance) tax payment deleted text begin shalldeleted text end new text begin must new text end be filed with the director of deleted text begin lands anddeleted text end forestry and the county auditor. Except as otherwise provided, all yield (severance) taxes herein provided for deleted text begin shalldeleted text end new text begin mustnew text end be levied and collectednew text begin , new text end and payment deleted text begin thereofdeleted text end , with penalties and interest, enforced in the same manner as taxes imposed under deleted text begin the provisions ofdeleted text end section 88.51, subdivision 1, and deleted text begin shalldeleted text end new text begin mustnew text end be credited to the funds of the taxing districts affected in the proportion of their interests in the taxes on the land producing the yield (severance) tax. deleted text begin At any timedeleted text end On deeming it necessarynew text begin ,new text end the director of deleted text begin lands anddeleted text end forestry may order an inspection of any or all cutting areas within an auxiliary forest and deleted text begin alsodeleted text end may require the owner of the auxiliary forest to produce for inspection by the director of deleted text begin lands anddeleted text end forestry deleted text begin ofdeleted text end any or all cutting records pertaining to timber cutting operations within an auxiliary forest for the purpose of determining the accuracy of scale or measurement reports, and if intentional error in scale or measurement reports is found to exist, shall levy and assess a tax triple the yield (severance) tax on the stumpage value of the timber cut in excess of the quantity and value reported.

(b) The following alternative method of assessing and paying annually the yield tax on an auxiliary forest is to be available to an auxiliary forest owner upon application and upon approval of the county board of the county within which the auxiliary forest is located.

For auxiliary forests entered under this deleted text begin subdivisiondeleted text end new text begin paragraph,new text end the county auditor shall assess and levy the yield tax by multiplying the acreage of each legal description included within the auxiliary forest by the acre quantity of the annual growth by species, calculated in cords, or in thousands of feet board measure Minnesota standard log scale rule, whichever is more reasonably usable, for the major species found in each type by the from year-to-year appraised stumpage prices for each of these species, used by the Division of deleted text begin Lands anddeleted text end Forestry, Department of Natural Resources, in selling trust fund timber located within the district in which the auxiliary forest is located. The assessed value of the annual growth of the auxiliary forest, thus determined, deleted text begin shall bedeleted text end new text begin isnew text end subject to a ten percent of stumpage value yield tax, payable annually on or before May 31. In all other respects the assessment, levying and collection of the yield tax, as provided for in this subdivision deleted text begin shalldeleted text end new text begin mustnew text end follow the procedures specified in deleted text begin clausedeleted text end new text begin paragraphnew text end (a).

Forest owners operating under this deleted text begin subdivision shall bedeleted text end new text begin paragraph arenew text end subject to all other provisions of the auxiliary forest law except deleted text begin suchdeleted text end new text begin thenew text end provisions of deleted text begin clausedeleted text end new text begin paragraph new text end (a) deleted text begin asdeleted text end new text begin thatnew text end are in conflict with this deleted text begin subdivisiondeleted text end new text begin paragraphnew text end . Penalties for intentional failure by the owner to report properly the quantity and value of the annual growth upon an auxiliary forest entered under this deleted text begin subdivisiondeleted text end new text begin paragraphnew text end and for failure to pay the yield tax when due deleted text begin shall bedeleted text end new text begin arenew text end the same as the penalties specified in other subdivisions of this law for like failure to abide by its provisions.

To qualify for the assessment and levying of the yield tax by this method, the owner of the forest requesting this method of taxation must submit a map or maps and a tabulation in acres and in quantity of growth by legal descriptions showing the division of the area covered by the auxiliary forest for which this method of taxation is requested into the following forest types, namely: white and deleted text begin Norwaydeleted text end new text begin rednew text end pine; jack pine; aspen-birch; spruce-balsam fir; deleted text begin swampdeleted text end new text begin blacknew text end spruce; tamarack; cedar; upland hardwoods; lowland hardwoods; upland brush and grass (temporarily nonproductive); lowland brush (temporarily nonproductive); and permanently nonproductive (open bogs, stagnant swamps, rock outcrops, flowage, etc.). Definition of these types and determination of the average rate or rates of growth (in cords or thousand feet, board measure, Minnesota standard log scale rule, deleted text begin which everdeleted text end new text begin whichevernew text end is more logically applicable for each of them) deleted text begin shalldeleted text end new text begin mustnew text end be made by the director of the Division of deleted text begin Lands anddeleted text end Forestry, Minnesota Department of Natural Resources, with the advice and assistance of the land commissioner of the county in which the auxiliary forest is located; the director of the United States Forest Service's North Central Forest Experiment Station; and the director of the School of Forestry, University of Minnesota. Before the approval of the application of the owner of an auxiliary forest to have the auxiliary deleted text begin or proposed auxiliarydeleted text end forest taxed under provisions of this deleted text begin subdivisiondeleted text end new text begin paragraphnew text end is submitted to the county boardnew text begin ,new text end the distribution between types of the area as shown on the maps and in the tabulations submitted by the owner of the auxiliary deleted text begin or proposed auxiliarydeleted text end forest deleted text begin shalldeleted text end new text begin mustnew text end be examined and their accuracy determined by the director of the Division of deleted text begin Lands anddeleted text end Forestry, Department of Natural Resources, with the assistance of the county board of the county in which the auxiliary forest is located.

During the life of the auxiliary forestnew text begin ,new text end contract timber cutting operations within the various types shown upon the type map accepted as a part of the approved auxiliary forest application deleted text begin shalldeleted text end new text begin donew text end not bring about a reclassification of the forest types shown upon that map or those maps until after the passage of ten years following the termination of deleted text begin saiddeleted text end new text begin the new text end timber cutting operations and then only upon proof of a change in type.

Sec. 56.

Minnesota Statutes 2014, section 88.52, subdivision 4, is amended to read:

Subd. 4.

Hearing, procedure.

The owner of any land or timber upon which a yield tax is assessed and levied as provided in this section may, within 15 days after mailing of notice of the amount of the tax, file with the county auditor a demand for hearing deleted text begin thereondeleted text end new text begin on the taxnew text end before the county board. The county auditor shall thereupon fix a date of hearing, which deleted text begin shalldeleted text end new text begin mustnew text end be held within 30 days after the filing of the demand, and mail to the owner notice of the time and place of the hearing. The owner may appear at the meeting and present evidence and argument as to the amount of the tax and as to any new text begin related new text end matter deleted text begin relating theretodeleted text end . The county board shall deleted text begin thereupondeleted text end determine whether the tax as levied is proper in amount and make its order deleted text begin thereondeleted text end . The county auditor shall deleted text begin forthwithdeleted text end mail to the owner a notice of the order. If the amount of the tax is increased or reduced by the order, the county auditor shall make a supplemental assessment and levy deleted text begin thereofdeleted text end , as in this subdivision provided.

Sec. 57.

Minnesota Statutes 2014, section 88.52, subdivision 5, is amended to read:

Subd. 5.

Yield tax, a prior lien.

Throughout the life of any deleted text begin suchdeleted text end auxiliary forestnew text begin , new text end the deleted text begin yield taxdeleted text end accruing deleted text begin thereon shall constitute and bedeleted text end new text begin yield tax constitutes and isnew text end a first and prior lien upon all the merchantable timber and forest products growing or grown thereon; and, if not paid when due, this yield tax, together with penalties and interest deleted text begin thereondeleted text end as otherwise provided by law and all expenses of collecting same, deleted text begin shall continuedeleted text end new text begin continuesnew text end to be a lien upon the timber and forest products deleted text begin and every part and parcel thereof wherever the same may be ordeleted text end however much changed in form or otherwise improved until the yield tax is fully paid. deleted text begin Suchdeleted text end new text begin Thenew text end lien may be foreclosed and the property subject deleted text begin theretodeleted text end new text begin to the liennew text end dealt with by action in the name of the state, brought by the county attorney at the request of the county auditor.

Sec. 58.

Minnesota Statutes 2014, section 88.52, subdivision 6, is amended to read:

Subd. 6.

Timber held exempt from yield tax.

Timber cut from an auxiliary forest by an owner and used by the owner for fuel, fencing, or building on land occupied by the owner which is within or contiguous to the auxiliary forest where cut deleted text begin shall bedeleted text end new text begin isnew text end exempt from the yield tax, andnew text begin ,new text end as to timber so cut and usednew text begin ,new text end the requirements of subdivisions 1 and 2 deleted text begin shalldeleted text end new text begin donew text end not deleted text begin be applicable and in lieu thereofdeleted text end new text begin apply.new text end The owner shallnew text begin ,new text end prior to cuttingnew text begin ,new text end file with the county auditor, on a form prepared by the commissioner, a statement showing the quantity of each kind of forest products proposed to be cut and the purposes for which the deleted text begin samedeleted text end new text begin the productsnew text end will be used.

Sec. 59.

Minnesota Statutes 2014, section 88.523, is amended to read:

88.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.

Upon application of the owner, any auxiliary forest contract deleted text begin heretofore or hereafter executeddeleted text end 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. deleted text begin As evidence thereofdeleted text end A supplemental agreement in a form prescribed by the commissioner and approved by the attorney general deleted text begin shalldeleted text end new text begin mustnew text end be executed by the commissioner in behalf of the state and by the owner. deleted text begin Suchdeleted text end new text begin Thenew text end supplemental agreement deleted text begin shalldeleted text end new text begin mustnew text end be filed and recorded in like manner as the deleted text begin originaldeleted text end new text begin supplementalnew text end contractnew text begin under section 88.49, subdivision 9new text end , and deleted text begin shall thereupon takedeleted text end new text begin takesnew text end effectnew text begin upon filing and recordingnew text end .

Sec. 60.

Minnesota Statutes 2014, section 88.53, subdivision 1, is amended to read:

Subdivision 1.

Time for disposal.

deleted text begin Any corporation, association, or organization may acquire and hold any amount of land without restriction and without limit as to acreage or quantity for the purpose of including same within and holding same as an auxiliary forest under the provisions of sections 88.47 to 88.53.deleted text end When deleted text begin the same shall ceasedeleted text end new text begin land ceasesnew text end to be an auxiliary forestnew text begin ,new text end the owners deleted text begin shalldeleted text end have five years within which to dispose of the land, any provisions of general law to the contrary notwithstanding.

Sec. 61.

Minnesota Statutes 2014, section 88.53, subdivision 2, is amended to read:

Subd. 2.

Rules.

The director shall make rules and adopt and prescribe such forms and procedure as deleted text begin shall bedeleted text end new text begin isnew text end necessary in carrying out the provisions of sections deleted text begin 88.47 deleted text end new text begin 88.49new text end to 88.53; and the director and every county board, county recorder, registrar of titles, assessor, tax collector, and every other person in official authority having any duties to perform under or growing out of sections deleted text begin 88.47deleted text end new text begin 88.49new text end to 88.53 are hereby severally vested with full power and authority to enforce such rules, employ help and assistance, acquire and use equipment and supplies, or do any other act or thing reasonably necessary to the proper performance of duties under or arising from the administration and enforcement of sections deleted text begin 88.47deleted text end new text begin 88.49new text end to 88.53. deleted text begin It shall be the duty ofdeleted text end The director deleted text begin todeleted text end new text begin mustnew text end cause periodic inspections to be made of all auxiliary forests for the purpose of determining whether new text begin relative new text end contract and statutory provisions deleted text begin relative theretodeleted text end are being complied with.

Sec. 62.

Minnesota Statutes 2014, section 88.6435, subdivision 4, is amended to read:

Subd. 4.

Forest bough account; disposition of fees.

(a) The forest bough account is established in the state treasury within the natural resources fund.

(b) Fees for permits issued under this section deleted text begin shalldeleted text end new text begin mustnew text end be deposited in the state treasury and credited to the forest bough account and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, are annually appropriated to the commissioner of natural resources for costs associated with deleted text begin balsam bough educationaldeleted text end new text begin special forest product information and educationnew text end programs for harvesters and buyers.

Sec. 63.

Minnesota Statutes 2014, 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 purchaser 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 writing on a form prescribed by the attorney general 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 writing on a form prescribed by the attorney general 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 deleted text begin $5,000deleted text end new text begin $10,000new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2015, and applies to permits sold on or after that date. new text end

Sec. 64.

Minnesota Statutes 2014, section 90.193, is amended to read:

90.193 EXTENSION OF TIMBER PERMITS.

The commissioner may, in the case of an exceptional circumstance beyond the control of the timber permit holder which makes it unreasonable, impractical, and not feasible to complete cutting and removal under the permit within the time allowed, grant one regular extension for one year. A written request for the regular extension must be received by the commissioner before the permit expires. The request must state the reason the extension is necessary and be signed by the permit holder. An interest rate of deleted text begin eight deleted text end new text begin fivenew text end percent may be charged for the period of extension.

new text begin EFFECTIVE DATE. new text end

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

Sec. 65.

new text begin [92.83] CONDEMNATION OF SCHOOL TRUST LAND. new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of this section is to extinguish the school trust interest in school trust lands where long-term economic return is prohibited by designation or policy while producing economic benefits for Minnesota's public schools. For the purposes of satisfying the Minnesota Constitution, article XI, section 8, which limits the sale of school trust lands to a public sale, the commissioner of natural resources shall acquire school trust lands through condemnation, as provided in subdivision 2. new text end

new text begin Subd. 2. new text end

new text begin Commencement of condemnation proceedings. new text end

new text begin When the commissioner of natural resources has determined sufficient money is available to acquire any of the lands identified under section 84.027, subdivision 18, paragraph (c), the commissioner shall proceed to extinguish the school trust interest by condemnation action. When requested by the commissioner, the attorney general shall commence condemnation of the identified school trust lands. new text end

new text begin Subd. 3. new text end

new text begin Payment. new text end

new text begin The portion of the payment of the award and judgment that is for the value of the land shall be deposited into the permanent school fund. The remainder of the award and judgment payment shall first be remitted for reimbursement to the accounts from which expenses were paid, with any remainder deposited into the permanent school fund. new text end

new text begin Subd. 4. new text end

new text begin Account. new text end

new text begin The school trust lands account is created in the state treasury. Money credited to the account is appropriated to the commissioner of natural resources for the purposes of this section. new text end

Sec. 66.

Minnesota Statutes 2014, section 94.10, subdivision 2, is amended to read:

Subd. 2.

Public sale requirements.

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

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

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

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

Sec. 67.

Minnesota Statutes 2014, section 94.16, subdivision 2, is amended to read:

Subd. 2.

Payment of expenses.

A portion of the proceeds from the sale equal in amount to the survey, appraisal, legal, advertising, new text begin real estate broker fee, new text end and other expenses incurred by the commissioner of natural resources in rendering the property salable new text begin and sold new text end shall be remitted to the account from which the expenses were paid, and are appropriated and immediately available for expenditure in the same manner as other money in the account.

Sec. 68.

Minnesota Statutes 2014, section 94.16, subdivision 3, is amended to read:

Subd. 3.

Proceeds from natural resources land.

(a) Except as provided in deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (b)new text begin and (c)new text end , the remainder of the proceeds from the sale of lands new text begin classified as a unit of the outdoor recreation system under section 86A.05new text end that were under the control and supervision of the commissioner of natural resources shall be credited to the land acquisition account in the natural resources fund.

(b) The remainder of the proceeds from the sale of administrative sites under the control and supervision of the commissioner of natural resources shall be credited to the facilities management account established under section 84.0857 and used to acquire facilities or renovate existing buildings for administrative use or to acquire land for, design, and construct administrative buildings for the Department of Natural Resources.

new text begin (c) The remainder of the proceeds from the sale of land not within a unit of the outdoor recreation system under section 86A.05 and not an administrative site, but under the control and supervision of the commissioner of natural resources, shall be credited to the school trust lands account established under section 92.83. new text end

Sec. 69.

Minnesota Statutes 2014, section 97A.055, subdivision 4b, is amended to read:

Subd. 4b.

Citizen oversight committees.

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

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

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

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

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

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

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

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

(g) The committees authorized under this subdivision are not advisory councils or committees governed by section 15.059 and are not subject to section 15.059. Committee members appointed by the commissioner may request reimbursement for mileage expenses in the same manner and amount as authorized by the commissioner's plan adopted under section 43A.18, subdivision 2. Committee members must not receive daily compensation for oversight activities. The Fisheries Oversight Committee, the Wildlife Oversight Committee, and the Budgetary Oversight Committee expire June 30, deleted text begin 2015deleted text end new text begin 2020new 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. 70.

Minnesota Statutes 2014, section 97B.668, is amended to read:

97B.668 deleted text begin CANADA GEESEdeleted text end new text begin GAME BIRDSnew text end CAUSING DAMAGE.

Notwithstanding sections 97B.091 and 97B.805, subdivisions 1 and 2, a person or agent of that person on lands and nonpublic waters owned or operated by the person may nonlethally scare, haze, chase, or harass deleted text begin Canada geesedeleted text end new text begin game birdsnew text end that are causing property damage deleted text begin from March 11 to August 31deleted text end new text begin or to protect a disease risk at any time or place that a hunting season for the game birds is not opennew text end . This section does not apply to public waters as defined under section 103G.005, subdivision 15deleted text begin , ordeleted text end new text begin . This section does not apply to migratory waterfowl on nests and other federally protected game birds on nests, except ducks andnew text end geese on nests deleted text begin unlessdeleted text end new text begin whennew text end a permit is obtained under section 97A.401.

Sec. 71.

Minnesota Statutes 2014, section 97C.301, is amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Aquatic invasive species affirmation. new text end

new text begin (a) A nonresident license to take fish issued under section 97A.475, subdivision 7, includes aquatic invasive species affirmation as provided in section 84D.106. new text end

new text begin (b) The aquatic invasive species affirmation portion of the license must be displayed with the signed nonresident license to take fish issued under section 97A.475, subdivision 7. The aquatic invasive species affirmation will be provided at the time of purchase of a new or duplicate nonresident license. new text end

new text begin (c) If a license is purchased online, the aquatic invasive species affirmation may be completed electronically as part of the online sales process, and the electronic record of the license sale is sufficient for documenting the affirmation. new text end

new text begin (d) Failure to complete the aquatic invasive species affirmation in this subdivision is subject to the penalty prescribed in section 84D.13, subdivision 5. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2016. new text end

Sec. 72.

Minnesota Statutes 2014, section 103B.101, is amended by adding a subdivision to read:

new text begin Subd. 12a. new text end

new text begin Authority to issue penalty orders. new text end

new text begin (a) A county or watershed district with jurisdiction or the Board of Water and Soil Resources may issue an order requiring violations of the water resources riparian protection requirements under sections 103F.48, 103F.415, and 103F.421, 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. One-half of the proceeds collected from an administrative penalty order issued under this section must be remitted to the county or watershed district with jurisdiction over the noncompliant site. new text end

new text begin (b) Administrative penalties may be reissued and appealed under paragraph (a) according to section 103F.48, subdivision 9. new text end

Sec. 73.

Minnesota Statutes 2014, section 103B.101, is amended by adding a subdivision to read:

new text begin Subd. 17. new text end

new text begin Wetland stakeholder coordination. new text end

new text begin The board shall work with wetland stakeholders to foster mutual understanding and provide recommendations for improvements to the management of wetlands and related land and water resources, including recommendations for updating the Wetland Conservation Act, developing an in-lieu fee program as defined in section 103G.005, subdivision 10g, and related provisions. The board may convene informal working groups or work teams to provide information and education and to develop recommendations. new text end

Sec. 74.

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

new text begin Subdivision 1. new text end

new text begin Accounts established; sources. new text end

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

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

new text begin Subd. 2. new text end

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

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

new text begin Subd. 3. new text end

new text begin Financial contributions. new text end

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 75.

Minnesota Statutes 2014, section 103B.3355, is amended to read:

103B.3355 WETLAND FUNCTIONS FOR DETERMINING PUBLIC VALUES.

(a) The public values of wetlands must be determined based upon the functions of wetlands for:

(1) water quality, including filtering of pollutants to surface and groundwater, utilization of nutrients that would otherwise pollute public waters, trapping of sediments, shoreline protection, and utilization of the wetland as a recharge area for groundwater;

(2) floodwater and storm water retention, including the potential for flooding in the watershed, the value of property subject to flooding, and the reduction in potential flooding by the wetland;

(3) public recreation and education, including hunting and fishing areas, wildlife viewing areas, and nature areas;

(4) commercial uses, including wild rice and cranberry growing and harvesting and aquaculture;

(5) fish, wildlife, native plant habitats;

(6) low-flow augmentation;

(7) carbon sequestration; and

(8) other public uses.

(b) The Board of Water and Soil Resources, in consultation with the commissioners of natural resources and agriculture and local government units, shall adopt rules establishing:

(1) scientific methodologies for determining the functions of wetlands; and

(2) criteria for determining the resulting public values of wetlands.

(c) The methodologies and criteria established under this section or other methodologies and criteria that include the functions in paragraph (a) and are approved by the board, in consultation with the commissioners of natural resources and agriculture and local government units, must be used to determine the functions and resulting public values of wetlands in the state. The functions listed in paragraph (a) are not listed in order of priority.

(d) Public value criteria established or approved by the board under this section do not apply in areas subject to local comprehensive wetland protection and management plans established under section 103G.2243.

(e) The Board of Water and Soil Resources, in consultation with the commissioners of natural resources and agriculture and local government units, deleted text begin maydeleted text end new text begin mustnew text end identify deleted text begin regions deleted text end new text begin areasnew text end of the state where preservation, enhancement, restoration, and establishment of wetlands would have high public value. The board, in consultation with the commissioners, deleted text begin maydeleted text end new text begin mustnew text end identify high priority deleted text begin wetland regionsdeleted text end new text begin areas for wetland replacementnew text end using available information relating to the factors listed in paragraph (a)new text begin , the historic loss and abundance of wetlands, current applicable state and local government water management and natural resource plans, and studies using a watershed approach to identify current and future watershed needsnew text end . The board shall notify local units of government with water planning authority of these high priority deleted text begin regionsdeleted text end new text begin areas. Designation of high priority areas is exempt from the rulemaking requirements of chapter 14, and section 14.386 does not apply. Designation of high priority areas is not effective until 30 days after publication in the State Registernew text end .

new text begin (f) Local units of government, as part of a state-approved comprehensive local water management plan as defined in section 103B.3363, subdivision 3, a state-approved comprehensive watershed management plan as defined in section 103B.3363, subdivision 3a, or a state-approved local comprehensive wetland protection and management plan under section 103G.2243, may identify priority areas for wetland replacement and provide them for consideration under paragraph (e). new text end

Sec. 76.

Minnesota Statutes 2014, section 103D.335, subdivision 21, is amended to read:

Subd. 21.

Contracts.

The managers may make contracts or other arrangements with the federal government, persons, railroads or other corporations, political subdivisions, and the state or other states, with drainage authorities, flood control, soil conservation, or other improvement districts in this state or other states, for cooperation or assistance in constructing, maintaining, and operating the projects of the watershed district, or for the control of its waters, or for making surveys and investigations or reports on them. new text begin Property acquired for flood damage reduction purposes by the watershed district may be operated or leased by the district for agricultural purposes during periods the property is not needed for flood control, provided it remains subject to use by the watershed district as necessary for flood control purposes. Notwithstanding section 16A.695, revenue received by the watershed district from the operation or lease of state bond financed property acquired for flood control purposes shall be retained by the district in a separate project-specific account and used solely for flood control operation, maintenance, and replacement purposes within the related project area and, if the district determines that the account contains adequate reserves for future operation, maintenance, and replacement, any excess may be used for the construction, operation, maintenance, or replacement of other flood control projects as approved by the commissioner.new text end

Sec. 77.

Minnesota Statutes 2014, section 103F.421, subdivision 4, is amended to read:

Subd. 4.

Application for cost-sharing funds.

The landowner has 90 days after a deleted text begin mediated settlement is fileddeleted text end new text begin complaint is substantiatednew text end to apply for state cost-sharing funds deleted text begin that will provide 75 percent of the cost of the permanent conservation practicesdeleted text end . deleted text begin Only 50 deleted text end new text begin Fiftynew text end percent of the cost share will be provided if the application is not made within 90 days after the settlement is filednew text begin , unless the soil and water conservation district or the board provides an extension. An extension must be granted if funds are not availablenew text end . deleted text begin The landowner must apply for 50 percent of the cost share within 270 days after the mediated settlement is filed.deleted text end

Sec. 78.

Minnesota Statutes 2014, section 103F.421, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Application of state and federal law. new text end

new text begin Nothing in this section is intended to preclude the application of other applicable state or federal law. new text end

Sec. 79.

new text begin [103F.48] RIPARIAN PROTECTION AND WATER QUALITY PRACTICES. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Board" means the Board of Water and Soil Resources. new text end

new text begin (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. new text end

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

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

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

new text begin (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. new text end

new text begin (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. new text end

new text begin (i) "Public waters" has the meaning given in section 103G.005, subdivision 15. new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin It is the policy of the state to establish riparian buffers and water quality practices to: new text end

new text begin (1) protect state water resources from erosion and runoff pollution; new text end

new text begin (2) stabilize soils, shores, and banks; and new text end

new text begin (3) protect or provide riparian corridors. new text end

new text begin Subd. 3. new text end

new text begin Water resources riparian protection requirements on public waters and public drainage systems. new text end

new text begin (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: new text end

new text begin (1) for all public waters, the more restrictive of: new text end

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

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

new text begin (2) for public drainage systems established under chapter 103E, a 16.5-foot minimum width continuous buffer of perennially rooted vegetation on ditches within the benefited area of public drainage systems. new text end

new text begin (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 board, that provide water quality protection comparable to the buffer protection for the water body that the property abuts. new text end

new text begin (c) The width of a buffer 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. new text end

new text begin (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. new text end

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

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

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

new text begin Subd. 4. new text end

new text begin Local water resources riparian protection. new text end

new text begin On or before July 1, 2017, the soil and water conservation district shall develop, adopt, and submit to each local water management authority within its boundary a summary of watercourses for inclusion in the local water management authority's plan. A local water management authority that receives a summary of watercourses identified under this subdivision must revise its comprehensive local water management plan or comprehensive watershed management plan to incorporate the soil and water conservation district recommendations. new text end

new text begin Subd. 5. new text end

new text begin Exemptions. new text end

new text begin Land adjacent to waters subject to subdivision 3 is exempt from the water resource protection requirements under subdivision 3, to the extent these exemptions are not inconsistent with the requirements of the state shoreland rules adopted by the commissioner pursuant to section 103F.211, if it is: new text end

new text begin (1) enrolled in the federal Conservation Reserve Program; new text end

new text begin (2) used as a public or private water access or recreational use area including stairways, landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented structures as provided in the shoreland model standards and criteria adopted pursuant to section 103F.211 or as provided for in an approved local government shoreland ordinance; new text end

new text begin (3) covered by a road, trail, building, or other structures; or new text end

new text begin (4) regulated by a national pollutant discharge elimination system/state disposal system (NPDES/SDS) permit under Minnesota Rules, chapter 7090, and provides water resources riparian protection, in any of the following categories: new text end

new text begin (i) municipal separate storm sewer system (MS4); new text end

new text begin (ii) construction storm water (CSW); or new text end

new text begin (iii) industrial storm water (ISW); new text end

new text begin (5) part of a water-inundation cropping system; or new text end

new text begin (6) in a temporary nonvegetated condition due to drainage tile installation and maintenance, alfalfa or other perennial crop or plant seeding, or construction or conservation projects authorized by a federal, state, or local government unit. new text end

new text begin Subd. 6. new text end

new text begin Local implementation and assistance. new text end

new text begin (a) Soil and water conservation districts must assist landowners with implementation of the water resource riparian protection requirements established in this section. For the purposes of this subdivision, assistance includes planning, technical assistance, implementation of approved alternative practices, and tracking progress towards compliance with the requirements. new text end

new text begin (b) The commissioner or the board must provide sufficient funding to soil and water conservation districts to implement this section. new text end

new text begin Subd. 7. new text end

new text begin Corrective actions. new text end

new text begin (a) If the soil and water conservation district determines a landowner is not in compliance with this section, the district must notify the county or watershed district with jurisdiction over the noncompliant site. The county or watershed district 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. new text end

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

new text begin (c) 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. new text end

new text begin (d) An order issued under paragraph (b) may be appealed to the board as provided under subdivision 9. new text end

new text begin (e) A corrective action is not required for conditions resulting from a flood or other act of nature. new text end

new text begin (f) 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 end

new text begin Subd. 8. new text end

new text begin Funding subject to withholding. new text end

new text begin The state may withhold funding from a local water management authority or a soil and water conservation district that fails to implement this section. Funding subject to withholding includes soil and water program aid, a natural resources block grant, and other project or program funding. Funding may be restored upon the board's approval of a corrective action plan. new text end

new text begin Subd. 9. new text end

new text begin Appeals of validations and penalty orders. new text end

new text begin A landowner or agent or operator may appeal the terms and conditions of a soil and water conservation district validation or an administrative penalty order to the board within 30 days of receipt of written or electronic notice of the validation or order. The request for appeal must be in writing. The appealing party must provide a copy of the validation or order that is being appealed, the basis for the appeal, and any supporting evidence. The request for appeal may be submitted personally, by first class mail, or electronically to the executive director. If a written or electronic request for appeal is not submitted within 30 days, the validation or order is final. The executive director shall review the request and supporting evidence and issue a decision within 60 days of receipt of an appeal. The executive director's decision is appealable directly to the Court of Appeals pursuant to sections 14.63 to 14.69. new text end

new text begin Subd. 10. new text end

new text begin Landowner financial assistance and public drainage system procedure. new text end

new text begin (a) A landowner or drainage authority may contact the soil and water conservation district for information on how to apply for local, state, or federal cost-share grants, contracts, or loans that are available to establish buffers or other water resource protection measures. new text end

new text begin (b) The provisions of sections 103E.011, subdivision 5; 103E.021, subdivision 6; and 103E.715 may be used in advance or retroactively to acquire or provide compensation for all or part of the buffer strip establishment or alternative riparian water quality practices as required under subdivision 3, paragraph (a), within the benefited area of a public drainage system. Implementation of this subdivision is not subject to limitation of project costs to the current benefits adopted for the drainage system. new text end

new text begin Subd. 11. new text end

new text begin State lands. new text end

new text begin This section applies to the state and its departments and agencies. new text end

Sec. 80.

Minnesota Statutes 2014, section 103F.612, subdivision 2, is amended to read:

Subd. 2.

Application.

(a) A wetland owner may apply to the county where a wetland is located for designation of a wetland preservation area in a high priority wetland area deleted text begin identified in a comprehensive local water plan, as defined in section 103B.3363, subdivision 3, and located within a high priority wetland regiondeleted text end designated by the Board of Water and Soil Resources, if the county chooses to accept wetland preservation area applications. The application must be made on forms provided by the board. If a wetland is located in more than one county, the application must be submitted to the county where the majority of the wetland is located.

(b) The application shall be executed and acknowledged in the manner required by law to execute and acknowledge a deed and must contain at least the following information and other information the Board of Water and Soil Resources requires:

(1) legal description of the area to be approved, which must include an upland strip at least 16-1/2 feet in width around the perimeter of wetlands within the area and may include total upland area of up to four acres for each acre of wetland;

(2) parcel identification numbers where designated by the county auditor;

(3) name and address of the owner;

(4) a statement by the owner covenanting that the land will be preserved as a wetland and will only be used in accordance with conditions prescribed by the Board of Water and Soil Resources and providing that the restrictive covenant will be binding on the owner and the owner's successors or assigns, and will run with the land.

(c) The upland strip required in paragraph (b), clause (1), must be planted with permanent vegetation other than a noxious weed.

Sec. 81.

Minnesota Statutes 2014, section 103G.005, is amended by adding a subdivision to read:

new text begin Subd. 10g. new text end

new text begin In-lieu fee program. new text end

new text begin "In-lieu fee program" means a program in which wetland replacement requirements of section 103G.222 are satisfied through payment of money to the board or a board-approved sponsor to develop replacement credits according to section 103G.2242, subdivision 12. new text end

Sec. 82.

Minnesota Statutes 2014, 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 deleted text begin restoring or creating wetland areas ofdeleted text end new text begin actions that provide new text end 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. 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 deleted text begin by restoration or creation of wetland areasdeleted text end 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 deleted text begin in a statewide banking program established indeleted text end new text begin for wetland replacement according tonew text end 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 deleted text begin enrollment in a statewide wetlands bankdeleted text end new text begin wetland replacementnew text end .

(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.

Sec. 83.

Minnesota Statutes 2014, 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;new text begin andnew text end

(4) in another wetland bank service areadeleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (5) statewide for public transportation projects, except that wetlands impacted in less than 50 percent areas must be replaced in less than 50 percent areas, and wetlands impacted in the seven-county metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or, (ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds that are wholly or partially within the seven-county metropolitan area, but at least one to one must be replaced within the seven-county metropolitan area. deleted text end

deleted text begin (b) The exception in paragraph (a), clause (5), does not apply to replacement completed using wetland banking credits established by a person who submitted a complete wetland banking application to a local government unit by April 1, 1996. deleted text end

new text begin (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. new text end

new text begin (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. new text end

deleted text begin (c)deleted text end new text begin (d)new text end 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.

deleted text begin (d)deleted text end new text begin (e)new text end 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.

deleted text begin (e) Applicants and local government units shall rely on board-approved comprehensive inventories of replacement opportunities and watershed conditions, including the Northeast Minnesota Wetland Mitigation Inventory and Assessment (January 2010), in determining whether reasonable, practicable, and environmentally beneficial replacement opportunities are available. deleted text end

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

new text begin (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 end

Sec. 84.

Minnesota Statutes 2014, 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 valuesdeleted text begin ;deleted text end new text begin andnew text end may address the state establishment and administration of a wetland banking program for public and private projects, deleted text begin which may includedeleted text end new text begin including new text end provisions deleted text begin allowing monetary payment to the wetland banking program for alteration of wetlands on agricultural landdeleted text end new text begin for an in-lieu fee programnew text end ; 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 deleted text begin balance described in the report required by Laws 1990, chapter 587, and include the planting of trees or shrubsdeleted text end .new text begin Any in-lieu fee program established by the board must conform with Code of Federal Regulations, title 33, section 332.8, as amended.new text end

(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.

Sec. 85.

Minnesota Statutes 2014, 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. 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, deleted text begin wetland banking plandeleted text end new text begin sequencingnew text end , 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.

new text begin (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. new text end

Sec. 86.

Minnesota Statutes 2014, section 103G.2242, subdivision 3, is amended to read:

Subd. 3.

Replacement completion.

new text begin (a) new text end Replacement of wetland values must be completed prior to or concurrent with the actual draining or filling of a wetland, unlessnew text begin :new text end

new text begin (1)new text end an irrevocable bank letter of credit or other deleted text begin securitydeleted text end new text begin financial assurance new text end acceptable to the local government unit or the board is given to the local government unit or the board to guarantee the successful completion of the replacementdeleted text begin .deleted text end new text begin ; ornew text end

new text begin (2) the replacement is approved under an in-lieu fee program according to rules adopted under subdivision 1. In the case of an in-lieu fee program established by a board-approved sponsor, the board may require that a financial assurance in an amount and method acceptable to the board be given to the board to ensure the approved sponsor fulfills the sponsor's obligation to complete the required wetland replacement. new text end

deleted text begin The board may establish, sponsor, or administer a wetland banking program, which may include provisions allowing monetary payment to the wetland bank for impacts to wetlands on agricultural land, for impacts that occur in greater than 80 percent areas, and for public road projects.deleted text end new text begin (b) The board may acquire land in fee title, purchase or accept easements, enter into agreements, and purchase existing wetland replacement credits to facilitate the wetland banking program. The board may establish in-lieu fee payment amounts and hold money in an account in the special revenue fund, which is appropriated to the board to be used solely for establishing replacement wetlands and administering the wetland banking program. new text end

new text begin (c) new text end The board shall coordinate the establishment and operation of a wetland bank with the United States Army Corps of Engineers, the Natural Resources Conservation Service of the United States Department of Agriculture, and the commissioners of natural resources, agriculture, and the Pollution Control Agency.

Sec. 87.

Minnesota Statutes 2014, section 103G.2242, subdivision 4, is amended to read:

Subd. 4.

Decision.

Upon receiving and considering all required data, the local government unit reviewing replacement plan applications, deleted text begin banking plandeleted text end new text begin sequencing new text end applications, and exemption or no-loss determination requests must act on all replacement plan applications, deleted text begin banking plandeleted text end new text begin sequencingnew text end applications, and exemption or no-loss determination requests in compliance with section 15.99.

Sec. 88.

Minnesota Statutes 2014, section 103G.2242, subdivision 12, is amended to read:

Subd. 12.

Replacement credits.

(a) No public or private wetland restoration, enhancement, or construction may be allowed for replacement unless specifically designated for replacement and paid for by the individual or organization performing the wetland restoration, enhancement, or constructiondeleted text begin , and is completed prior to any draining or filling of the wetlanddeleted text end .

(b) Paragraph (a) does not apply to a wetland whose owner has paid back with interest the individual or organization restoring, enhancing, or constructing the wetland.

(c) Notwithstanding section 103G.222, subdivision 1, paragraph (i), the following actions, and others established in rule, that are consistent with criteria in rules adopted by the board in conjunction with the commissioners of natural resources and agriculture, are eligible for replacement credit as determined by the local government unitnew text begin or the boardnew text end , including enrollment in a statewide wetlands bank:

(1) reestablishment of permanent native, noninvasive vegetative cover on a wetland on agricultural land that was planted with annually seeded crops, was in a crop rotation seeding of pasture grasses or legumes, or was in a land retirement program during the past ten years;

(2) buffer areas of permanent native, noninvasive vegetative cover established or preserved on upland adjacent to replacement wetlands;

(3) wetlands restored for conservation purposes under terminated easements or contracts; deleted text begin anddeleted text end

(4) water quality treatment ponds constructed to pretreat storm water runoff prior to discharge to wetlands, public waters, or other water bodies, provided that the water quality treatment ponds must be associated with an ongoing or proposed project that will impact a wetland and replacement credit for the treatment ponds is based on the replacement of wetland functions and on an approved storm water management plan for the local governmentdeleted text begin .deleted text end new text begin ; andnew text end

new text begin (5) in a greater than 80 percent area, restoration and protection of streams and riparian buffers that are important to the functions and sustainability of aquatic resources. new text end

(d) Notwithstanding section 103G.222, subdivision 1, paragraphs (f) and (g), the board may establish by rule different replacement ratios for restoration projects with exceptional natural resource value.

Sec. 89.

Minnesota Statutes 2014, section 103G.2242, subdivision 14, is amended to read:

Subd. 14.

Fees established.

(a) Fees must be assessed for managing wetland bank accounts and transactions as follows:

(1) account maintenance annual fee: one percent of the value of credits not to exceed $500;

(2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not to exceed $1,000 per establishment, deposit, or transfer; and

(3) withdrawal fee: 6.5 percent of the value of credits withdrawn.

(b) The board may establish fees at or below the amounts in paragraph (a) for single-user or other dedicated wetland banking accounts.

(c) Fees for single-user or other dedicated wetland banking accounts established pursuant to section 103G.005, subdivision 10e, clause (4), are limited to establishment of a wetland banking account and are assessed at the rate of 6.5 percent of the value of the credits not to exceed $1,000.

new text begin (d) The board may assess a fee to pay the costs associated with establishing conservation easements, or other long-term protection mechanisms prescribed in the rules adopted under subdivision 1, on property used for wetland replacement. new text end

Sec. 90.

Minnesota Statutes 2014, section 103G.2251, is amended to read:

103G.2251 STATE CONSERVATION EASEMENTS; WETLAND BANK CREDIT.

In greater than 80 percent areas, preservation of wetlandsnew text begin , riparian buffers, and watershed areas essential to maintaining important functions and sustainability of aquatic resources in the watershed that arenew text end protected by a permanent conservation easement as defined under section 84C.01 and held by the board may be eligible for wetland replacement or mitigation credits, according to rules adopted by the board. To be eligible for credit under this section, a conservation easement must be established after May 24, 2008, and approved by the board. Wetland areas on private lands preserved under this section are not eligible for replacement or mitigation credit if the area has been protected using public conservation funds.

Sec. 91.

Minnesota Statutes 2014, section 103G.245, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

A public waters work permit is not required for:

(1) work in altered natural watercourses that are part of drainage systems established under chapter 103D or 103E if the work in the waters is undertaken according to chapter 103D or 103E; deleted text begin ordeleted text end

(2) a drainage project for a drainage system established under chapter 103E that does not substantially affect public watersdeleted text begin .deleted text end new text begin ; ornew text end

new text begin (3) culvert restoration or replacement of the same size and elevation, if the restoration or replacement does not impact a designated trout stream. new text end

Sec. 92.

Minnesota Statutes 2014, section 103G.271, subdivision 3, is amended to read:

Subd. 3.

Permit restriction during summer months.

The commissioner must not modify or restrict the amount of appropriation from a groundwater source authorized in a water use permit issued to irrigate agricultural land between deleted text begin Maydeleted text end new text begin Aprilnew text end 1 and October 1,new text begin or, for agricultural land with a crop, until November 15,new text end unless the commissioner determines the authorized amount of appropriation endangers a domestic water supply.

Sec. 93.

Minnesota Statutes 2014, section 103G.271, subdivision 5, is amended to read:

Subd. 5.

Prohibition on once-through water use permits.

(a) Except as provided in paragraph (c), the commissioner may not issue a water use permit to increase the volume of appropriation from a groundwater source for a once-through cooling system.

(b) Except as provided in paragraph (c), once-through system water use permits using in excess of 5,000,000 gallons annually must be terminated by the commissioner, unless the discharge is into a public water basin within a nature preserve approved by the commissioner and established prior to January 1, 2001.new text begin The commissioner may issue a permit for a system in existence prior to January 1, 2015, for up to 5,000,000 gallons annually.new text end Existing once-through systems must not be expanded and are required to convert to water efficient alternatives within the design life of existing equipment.

(c) Notwithstanding paragraphs (a) and (b), the commissioner, with the approval of the commissioners of health and the Pollution Control Agency, may issue once-through system water use permits on an annual basis for new text begin groundwater thermal exchange devices or new text end aquifer storage and recovery systems that return all once-through system water to the source aquifer. Water use permit processing fees in subdivision 6, paragraph (a), apply to all water withdrawals under this paragraph, including any reuse of water returned to the source aquifer.

Sec. 94.

Minnesota Statutes 2014, section 103G.271, subdivision 6a, is amended to read:

Subd. 6a.

Payment of 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.new text begin The commissioner may waive payment of fees for past unpermitted appropriations for a residential system permitted under subdivision 5, paragraph (b).new text end

Sec. 95.

Minnesota Statutes 2014, 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;

deleted text begin (4) an inventory of existing wells within 1-1/2 miles of the proposed production well or within the area of influence, as determined by the commissioner. The inventory must include information on well locations, depths, geologic formations, depth of the pump or intake, pumping and nonpumping water levels, and details of well construction; deleted text end

deleted text begin (5)deleted text end new text begin (4)new text end 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

deleted text begin (6)deleted text end new text begin (5)new text end 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.

Sec. 96.

new text begin [103G.289] WELL INTERFERENCE; WELL SEALING. new text end

new text begin 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 end

Sec. 97.

Minnesota Statutes 2014, section 103G.291, subdivision 3, is amended to read:

Subd. 3.

Water supply plans; demand reduction.

(a) Every public water supplier serving more than 1,000 people must submit a water supply plan to the commissioner for approval by January 1, 1996. In accordance with guidelines developed by the commissioner, the plan must address projected demands, adequacy of the water supply system and planned improvements, existing and future water sources, natural resource impacts or limitations, emergency preparedness, water conservation, supply and demand reduction measures, and allocation priorities that are consistent with section 103G.261. Public water suppliers must update their plan and, upon notification, submit it to the commissioner for approval every ten years.

(b) The water supply plan in paragraph (a) is required for all communities in the metropolitan area, as defined in section 473.121, with a municipal water supply system and is a required element of the local comprehensive plan required under section 473.859. deleted text begin Water supply plans or updates submitted after December 31, 2008, must be consistent with the metropolitan area master water supply plan required under section 473.1565, subdivision 1, paragraph (a), clause (2).deleted text end

(c) Public water suppliers serving more than 1,000 people must encourage water conservation by employing water use demand reduction measures, as defined in subdivision 4, paragraph (a), before requesting approval from the commissioner of health under section 144.383, paragraph (a), to construct a public water supply well or requesting an increase in the authorized volume of appropriation. The commissioner of natural resources and the water supplier shall use a collaborative process to achieve demand reduction measures as a part of a water supply plan review process.

(d) Public water suppliers serving more than 1,000 people must submit records that indicate the number of connections and amount of use by customer category and volume of water unaccounted for with the annual report of water use required under section 103G.281, subdivision 3.

(e) For the purposes of this section, "public water supplier" means an entity that owns, manages, or operates a public water supply, as defined in section 144.382, subdivision 4.

new text begin EFFECTIVE DATE. new text end

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

Sec. 98.

Minnesota Statutes 2014, section 103G.301, subdivision 5a, is amended to read:

Subd. 5a.

Town fees deleted text begin limiteddeleted text end new text begin exemptionnew text end .

Notwithstanding this section or any other law, no permit application, general permit notification, or field inspection fee new text begin shall be new text end charged to a town in connection with the construction or alteration of a town road, bridge, or culvert deleted text begin shall exceed $100deleted text end .

Sec. 99.

new text begin [114C.40] VOLUNTARY SELF-REPORTING OF MINOR VIOLATIONS. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

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

new text begin (c) "Environmental requirement" means a requirement in a law administered by the agency, a rule adopted by the agency, a permit or order issued by the agency, an agreement entered into with the agency, or a court order issued pursuant to any of the foregoing. new text end

new text begin (d) "Regulated entity" means a public or private organization or individual that is subject to environmental requirements. new text end

new text begin Subd. 2. new text end

new text begin Enforcement delay. new text end

new text begin Except for violations determined by the commissioner under subdivision 4, the commissioner must defer for 60 calendar days enforcement of an environmental requirement against a regulated entity if: new text end

new text begin (1) violation of the environmental requirement was first identified by the regulated entity or an employee of or person contracted by the regulated entity; new text end

new text begin (2) the regulated entity notified the commissioner, through electronic submission or in writing, that a violation has occurred within two business days of the violation coming to the regulated entity's attention. The commissioner must contact the regulated entity within seven business days of receipt of the notification to schedule a consultation to discuss the nature of the violation. During the consultation, the regulated entity and the commissioner must develop a plan and mutually agreed upon timeframe for the regulated entity to return to compliance. The regulated entity must submit, through electronic submission or in writing, the agreed upon plan within seven business days of the consultation. The regulated entity must return to compliance within 60 calendar days following the date of the consultation unless a different timeframe was agreed upon during the consultation; and new text end

new text begin (3) the regulated entity has not been cited for noncompliance under subdivision 4 by the agency within the past two years from the date of the notification under clause (2). new text end

new text begin Subd. 3. new text end

new text begin Penalties waived. new text end

new text begin The commissioner must not impose or bring an action for any administrative, civil, or criminal penalties against a regulated entity if the regulated entity complies with subdivision 2. new text end

new text begin Subd. 4. new text end

new text begin Exceptions. new text end

new text begin Notwithstanding subdivisions 2 and 3, the commissioner may, at any time, bring: new text end

new text begin (1) a criminal enforcement action against any person who commits a violation under section 609.671; new text end

new text begin (2) a civil or administrative enforcement action, which may include a penalty, under section 115.071 or 116.072, against the regulated entity if: new text end

new text begin (i) a violation caused or had potential to cause serious harm to human health or the environment; new text end

new text begin (ii) a violation is of the specific terms of an administrative order, a judicial order or consent decree, a stipulation agreement, or a schedule of compliance; new text end

new text begin (iii) a violation has resulted in economic benefit which gives the regulated entity a clear advantage over its business competitors; or new text end

new text begin (iv) a violation is identified through a monitoring or sampling requirement prescribed by statute, regulation, permit, judicial or administrative order, consent decree, stipulation agreement, or schedule of compliance; or new text end

new text begin (3) an enforcement action against a regulated entity to enjoin an imminent and substantial danger under section 116.11. new text end

new text begin Subd. 5. new text end

new text begin Reporting required by law. new text end

new text begin Nothing in this section alters the obligation of any regulated entity to report releases, violations, or other matters that are required to be reported by state or federal law, rule, permit, or enforcement action. new text end

Sec. 100.

new text begin [115.035] EXTERNAL PEER REVIEW OF WATER QUALITY STANDARDS. new text end

new text begin (a) When the commissioner convenes an external peer review panel during the promulgation or amendment of water quality standards, the commissioner must provide notice and take public comment on the charge questions for the external peer review panel and must allow written and oral public comment as part of the external peer review panel process. Documentation of the external peer review panel, including the name or names of the peer reviewer or reviewers must be included in the statement of need and reasonableness for the water quality standard. If the commissioner does not convene an external peer review panel during the promulgation or amendment of water quality standards, the commissioner must state the reason an external peer review panel will not be convened in the statement of need and reasonableness. new text end

new text begin (b) By December 15 each year, the commissioner shall post on the agency's Web site a report identifying the water quality standards development work in progress or completed in the past year, the lead agency scientist for each development effort, and opportunities for public input. new text end

Sec. 101.

Minnesota Statutes 2014, section 115.44, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Annual report. new text end

new text begin (a) By January 15 each year, the commissioner shall post on the Pollution Control Agency's Web site a report on the agency's activities the previous calendar year to implement standards and classification requirements into national pollutant discharge elimination system and state disposal system permits held by municipalities. The report must include: new text end

new text begin (1) a summary of permits issued or reissued over the previous calendar year, including any changes to permitted effluent limits due to water quality standards adopted or revised during the previous permit term; new text end

new text begin (2) highlights of innovative approaches employed by the agency and municipalities to develop and achieve permit requirements in a cost-effective manner; new text end

new text begin (3) a summary of standards development and water quality rulemaking activities over the previous calendar year, including economic analyses; new text end

new text begin (4) a summary of standards development and water quality rulemaking activities anticipated for the next three years, including economic analyses; new text end

new text begin (5) a process and timeframe for municipalities to provide input to the agency regarding their needs based on the information provided in the report; and new text end

new text begin (6) a list of anticipated permitting initiatives in the next calendar year that may impact municipalities and the agency's plan for involving the municipalities throughout the planning and decision making process. The plan must include opportunities for input and public comment from municipalities on rulemaking initiatives prior to preparation of a statement of need and reasonableness required under section 14.131. The commissioner must ensure the agency's plan under this clause is implemented. new text end

new text begin (b) For the purposes of this section, "economic analyses" must include assessments of the potential costs to regulated municipalities associated with water quality standards or rules proposed by the agency. new text end

Sec. 102.

Minnesota Statutes 2014, section 115.55, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to sections 115.55 to 115.56.

(b) "Advisory committee" means the Advisory Committee on Subsurface Sewage Treatment Systems established under the subsurface sewage treatment system rules. The advisory committee must be appointed to ensure geographic representation of the state and include elected public officials.

(c) "Applicable requirements" means:

(1) local ordinances that comply with the subsurface sewage treatment system rules, as required in subdivision 2; or

(2) in areas without compliant ordinances described in clause (1), the subsurface sewage treatment system rules.

new text begin (d) "Building sewer connected to a subsurface sewage treatment system" means the pipe that connects a structure to a subsurface sewage treatment system. Building sewers connected to subsurface sewage treatment systems are codefined as both plumbing and subsurface sewage treatment system components. new text end

deleted text begin (d)deleted text end new text begin (e)new text end "City" means a statutory or home rule charter city.

deleted text begin (e)deleted text end new text begin (f)new text end "Commissioner" means the commissioner of the Pollution Control Agency.

deleted text begin (f)deleted text end new text begin (g)new text end "Dwelling" means a building or place used or intended to be used by human occupants as a single-family or two-family unit.

deleted text begin (g)deleted text end new text begin (h)new text end "Subsurface sewage treatment system" or "system" means a sewage treatment system, or part thereof, that uses subsurface soil treatment and disposal, or a holding tank, serving a dwelling, other establishment, or a group thereof, and that does not require a state permitnew text begin . Subsurface sewage treatment system includes a building sewer connected to a subsurface sewage treatment systemnew text end .

deleted text begin (h)deleted text end new text begin (i)new text end "Subsurface sewage treatment system professional" means an inspector, installer, designer, service provider, or maintainer.

deleted text begin (i)deleted text end new text begin (j)new text end "Subsurface sewage treatment system rules" means rules adopted by the agency that establish minimum standards and criteria for the design, location, installation, use, maintenance, and closure of subsurface sewage treatment systems.

deleted text begin (j)deleted text end new text begin (k)new text end "Inspector" means a person who inspects subsurface sewage treatment systems for compliance with the applicable requirements.

deleted text begin (k)deleted text end new text begin (l)new text end "Installer" means a person who constructs or repairs subsurface sewage treatment systems.

deleted text begin (l)deleted text end new text begin (m)new text end "Local unit of government" means a township, city, or county.

deleted text begin (m)deleted text end new text begin (n)new text end "Performance-based system" means a system that is designed specifically for environmental conditions on a site and is designed to adequately protect the public health and the environment and provide consistent, reliable, long-term performance. At a minimum, a performance based system must ensure that applicable water quality standards are met in both ground and surface water that ultimately receive the treated sewage.

deleted text begin (n)deleted text end new text begin (o)new text end "Maintainer " means a person who removes solids and liquids from and maintains and repairs components of subsurface sewage treatment systems including, but not limited to, sewage, aerobic, and holding tanks.

deleted text begin (o)deleted text end new text begin (p)new text end "Seasonal dwelling" means a dwelling that is occupied or used for less than 180 days per year and less than 120 consecutive days.

deleted text begin (p)deleted text end new text begin (q)new text end "Septic system tank" means any covered receptacle designed, constructed, and installed as part of a subsurface sewage treatment system.

deleted text begin (q)deleted text end new text begin (r)new text end "Designer" means a person who:

(1) investigates soils and site characteristics to determine suitability, limitations, and sizing requirements; and

(2) designs subsurface sewage treatment systems.

deleted text begin (r)deleted text end new text begin (s)new text end "Straight-pipe system" means a sewage disposal system that transports raw or partially treated sewage directly to a lake, a stream, a drainage system, or ground surface.

Sec. 103.

Minnesota Statutes 2014, section 115.56, subdivision 2, is amended to read:

Subd. 2.

License required.

(a) Except as provided in paragraph (b), a person may not design, install, maintain, pump, inspect, or provide service to a subsurface sewage treatment system without a license issued by the commissioner. Licenses issued under this section allow work on subsurface sewage treatment systems that do not require a state permit using prescriptive designs and design guidances provided by the agency. Licensees who design systems using these prescriptive designs and design guidances are not subject to the additional licensing requirements of section 326.03.

(b) A license is not required for a person who complies with the applicable requirements if the person is:

(1) a qualified employee of state or local government who is a certified professional;

(2) an individual who constructs a subsurface sewage treatment system on land that is owned or leased by the individual and functions solely as the individual's dwelling or seasonal dwelling, unless specifically disallowed in local ordinance. A person constructing a subsurface sewage treatment system under this clause must comply with all local administrative and technical requirements. In addition, the system must be inspected before being covered and a compliance report must be provided to the local unit of government after the inspection;

(3) a farmer who pumps and disposes of sewage waste from subsurface sewage treatment systems, holding tanks, and privies on land that is owned or leased by the farmer; or

(4) an individual who performs labor or services for a licensed business under this section in connection with the design, installation, operation, pumping, or inspection of a subsurface sewage treatment system at the direction and under the personal supervision of a person certified under this section.

(c) The commissioner, in conjunction with the University of Minnesota Extension Service or another higher education institution, shall ensure adequate training and design guidance exists for subsurface sewage treatment system certified professionals.

(d) The commissioner shall conduct examinations to test the knowledge of applicants for certification and shall issue documentation of certification.

(e) Licenses may be issued only upon submission of general liability insurance, a corporate surety bond in the amount of at least deleted text begin $10,000deleted text end new text begin $25,000new text end , and the name of the individual who will be the designated certified individual for that business. The bond may be for both plumbing work and subsurface sewage treatment work if the bond complies with the requirements of this section andnew text begin satisfies the requirements and references identified innew text end section 326B.46, subdivision 2.

(f) Local units of government may not require additional local licenses for subsurface sewage treatment system businesses.

(g) No other professional license under section 326.03 is required to design, install, maintain, inspect, or provide service for a subsurface sewage treatment system that does not require a state permit using prescriptive designs and design guidances provided by the agency if the system designer, installer, maintainer, inspector, or service provider is licensed under this subdivision and the local unit of government has not adopted additional requirements.

Sec. 104.

Minnesota Statutes 2014, section 115A.03, subdivision 25a, is amended to read:

Subd. 25a.

Recyclable materials.

"Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling or composting, including paper, glass, plastics, metals, automobile oil, batteries, deleted text begin anddeleted text end source-separated compostable materialsnew text begin , and sole source food waste streams that are managed through biodegradative processesnew text end . Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material.

Sec. 105.

Minnesota Statutes 2014, section 115A.03, subdivision 32a, is amended to read:

Subd. 32a.

Source-separated compostable materials.

"Source-separated compostable materials" means materials that:

(1) are separated at the source by waste generators for the purpose of preparing them for use as compost;

(2) are collected separately from mixed municipal solid waste, and are governed by the licensing provisions of section 115A.93;

(3) are comprised of food wastes, fish and animal waste, plant materials, diapers, sanitary products, and paper that is not recyclable because the commissioner has determined that no other person is willing to accept the paper for recycling;

(4) are delivered to a facility to undergo controlled microbial degradation to yield a humus-like product meeting the agency's class I or class II, or equivalent, compost standards and where process deleted text begin residuesdeleted text end new text begin rejectsnew text end do not exceed 15 percent by weight of the total material delivered to the facility; and

(5) may be delivered to a transfer station, mixed municipal solid waste processing facility, or recycling facility only for the purposes of composting or transfer to a composting facility, unless the commissioner determines that no other person is willing to accept the materials.

Sec. 106.

Minnesota Statutes 2014, section 115A.1314, subdivision 1, is amended to read:

Subdivision 1.

Registration fee.

(a) Each manufacturer who registers under section 115A.1312 must, by September 1, 2007, and each year thereafter, pay to the commissioner of revenue an annual registration fee. The commissioner of revenue must deposit the fee in the state treasury and credit the fee to the environmental fund.

(b) The registration fee is equal to a base fee of $2,500, plus a variable recycling fee calculated according to the formula:

((A x B) - (C + D)) x E, where:

(1) A = the number of pounds of a manufacturer's video display devices sold to households during the previous program year, as reported to the department under section 115A.1316, subdivision 1;

(2) B = the proportion of sales of video display devices required to be recycled, set at 0.6 for the first program year and 0.8 for the second program year and every year thereafter;

(3) C = the number of pounds of covered electronic devices recycled by a manufacturer from households during the previous program year, as reported to the department under section 115A.1316, subdivision 1;

(4) D = the number of recycling credits a manufacturer elects to use to calculate the variable recycling fee, as reported to the department under section 115A.1316, subdivision 1; and

(5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound for manufacturers who recycle at least 50 percent but less than 90 percent of the product (A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less than 100 percent of the product (A x B).

(c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer may retain recycling credits to be added, in whole or in part, to the actual value of C, as reported under section 115A.1316, subdivision 2, during any succeeding program year, provided that no more than 25 percent of a manufacturer's obligation (A x B) for any program year may be met with recycling credits generated in a prior program year. A manufacturer may sell any portion or all of its recycling credits to another manufacturer, at a price negotiated by the parties, who may use the credits in the same manner.

(d) For the purpose of calculating a manufacturer's variable recycling fee under paragraph (b), the weight of covered electronic devices collected from households located outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (c), is calculated at 1.5 times their actual weight.

(e) The registration fee for the initial program year and the base registration fee thereafter for a manufacturer who produces fewer than 100 video display devices for sale annually to households is $1,250.

new text begin (f) For the ninth program year, the agency shall publish a statewide recycling goal of 16,000,000 pounds. new text end

new text begin (g) For the ninth program year, the agency shall determine each registered manufacturer's market share of video display devices to be collected and recycled based on the manufacturer's percentage share of the total weight of video display devices sold as reported to the department for the eighth program year as reported to the agency by July 15, 2015. By July 30, 2015, the agency shall provide each manufacturer with a determination of its share of video display devices to be collected and recycled, which is the quotient of the total weight of the manufacturer's video display devices sold to households in the eighth program year, divided by the total weight of all manufacturers' video display devices sold to households in this state based on reporting to the agency for the eighth program year, then applied proportionally to the statewide recycling goal of 16,000,000 pounds as specified in paragraph (f). new text end

new text begin (h) If a manufacturer's obligation for the recycling of video display devices as determined in paragraph (b), clauses (1) and (2), by weight is higher than the obligation determined by the agency in paragraph (g), then the higher number is the obligation for program year nine. new text end

new text begin (i) For the ninth program year, a manufacturer that did not report sales data to the department for the eighth or ninth program years shall be subject to a recycling obligation that is equal to 80 percent by weight of the manufacturer's video display devices sold to households. new text end

Sec. 107.

Minnesota Statutes 2014, section 115A.1415, subdivision 16, is amended to read:

Subd. 16.

Administrative fee.

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

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

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

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

Sec. 108.

Minnesota Statutes 2014, section 115A.551, subdivision 2a, is amended to read:

Subd. 2a.

County recycling goals.

(a) By December 31, 2030, each county will have as a goal to recycle the following amounts:

(1) for a county outside of the metropolitan area, 35 percent by weight of total solid waste generation; and

(2) for a metropolitan county, 75 percent by weight of total solid waste generation.

(b) Each county will develop and implement or require political subdivisions within the county to develop and implement programs, practices, or methods designed to meet its recycling goal. Nothing in this section or in any other law may be construed to prohibit a county from establishing a higher recycling goal.

new text begin (c) Any quantified recyclable materials that meet the definition in subdivision 1, paragraph (a), or section 115A.03, subdivision 25a, are eligible to be counted toward a county's recycling goal under this subdivision. new text end

Sec. 109.

Minnesota Statutes 2014, section 115A.557, subdivision 2, is amended to read:

Subd. 2.

Purposes for which money may be spent.

(a) A county receiving money distributed by the commissioner under this section may use the money only for the development and implementation of programs to:

(1) reduce the amount of solid waste generated;

(2) recycle the maximum amount of solid waste technically feasible;

(3) create and support markets for recycled products;

(4) remove problem materials from the solid waste stream and develop proper disposal options for them;

(5) inform and educate all sectors of the public about proper solid waste management procedures;

(6) provide technical assistance to public and private entities to ensure proper solid waste management;

(7) provide educational, technical, and financial assistance for litter prevention;

(8) process mixed municipal solid waste generated in the county at a resource recovery facility located in Minnesota; deleted text begin anddeleted text end

(9) compost source-separated compostable materials, including the provision of receptacles for residential compostingdeleted text begin .deleted text end new text begin ;new text end

new text begin (10) prevent food waste or collect and transport food donated to humans or to be fed to animals; and new text end

new text begin (11) process source-separated compostable materials that are to be used to produce Class I or Class II compost, as defined in Minnesota Rules, part 7035.2836, after being processed in an anaerobic digester, but not to construct buildings or acquire equipment. new text end

(b) Beginning in fiscal year 2015 and continuing thereafter, of any money distributed by the commissioner under this section to a metropolitan county, as defined in section 473.121, subdivision 4, that exceeds the amount the county was eligible to receive under this section in fiscal year 2014: (1) at least 50 percent must be expended on activities in paragraph (a), deleted text begin clausedeleted text end new text begin clausesnew text end (9)new text begin to (11)new text end ; and (2) the remainder must be expended on activities in paragraph (a), clauses (1) to (7) and (9)new text begin to (11)new text end that advance the county toward achieving its recycling goal under section 115A.551.

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 [115A.565] RECYCLING COMPETITIVE GRANT PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Grant program established. new text end

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

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin (a) The commissioner must develop forms and procedures for soliciting and reviewing applications for grants under this section. new text end

new text begin (b) The determination of whether to make a grant under this section is within the discretion of the commissioner, subject to subdivision 4. The commissioner's decisions are not subject to judicial review, except for abuse of discretion. new text end

new text begin Subd. 3. new text end

new text begin Priorities; eligible projects. new text end

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

new text begin (b) To be eligible to receive a grant, a project must: new text end

new text begin (1) be locally administered; new text end

new text begin (2) have an educational component and measurable outcomes; new text end

new text begin (3) request $250,000 or less; new text end

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

new text begin (5) include at least one of the following elements: new text end

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

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

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

new text begin Subd. 4. new text end

new text begin Cancellation of grant. new text end

new text begin If a grant is awarded under this section and funds are not encumbered for the grant within four years after the award date, the grant must be canceled. new text end

Sec. 111.

Minnesota Statutes 2014, section 115A.93, subdivision 1, is amended to read:

Subdivision 1.

License new text begin and registration new text end requirednew text begin ; reportingnew text end .

new text begin (a) new text end A person may not collect mixed municipal solid waste for hire without a license from the jurisdiction where the mixed municipal solid waste is collected.new text begin The local licensing entity shall submit a list of licensed collectors to the agency.new text end

new text begin (b) A person may not collect recyclable materials for hire unless registered with the agency. If a person is licensed under paragraph (a), the person need not register with the agency under this paragraph. new text end

new text begin (c) The agency, in consultation with the Solid Waste Management Coordinating Board, the Association of Minnesota Counties, the Minnesota Solid Waste Administrators Association, and representatives from the waste industry shall, by July 1, 2016, develop uniform short and long reporting forms that will reduce duplicative reporting to governmental units by collectors of solid waste and recyclable materials. new text end

new text begin (d) A collector of mixed municipal solid waste or recyclable materials shall separately report to the agency on an annual basis information including, but not limited to, the quantity of mixed municipal solid waste and the quantity of recyclable materials collected: new text end

new text begin (1) from commercial customers; new text end

new text begin (2) from residential customers; new text end

new text begin (3) by county of origin; and new text end

new text begin (4) by destination of the material. new text end

Sec. 112.

Minnesota Statutes 2014, section 115B.34, subdivision 2, is amended to read:

Subd. 2.

Property damage losses.

(a) Losses compensable by the fund for property damage are limited to the following losses caused by damage to the principal residence of the claimant:

(1) the reasonable cost of replacing or decontaminating the primary source of drinking water for the property not to exceed the amount actually expended by the claimant or assessed by a local taxing authority, if the Department of Health has confirmed that the remedy provides safe drinking water and advised that the water not be used for drinking or determined that the replacement or decontamination of the source of drinking water was necessary, up to a maximum of $25,000;

new text begin (2) the reasonable cost to install a mitigation system for the claimant's principal residence, not to exceed the amount actually expended by the claimant, if the agency has recommended such installation to protect human health due to soil vapor intrusion into the residence from releases of harmful substances. Reimbursement of eligible claims shall not exceed $25,000; new text end

deleted text begin (2)deleted text end new text begin (3)new text end losses incurred as a result of a bona fide sale of the property at less than the appraised market value under circumstances that constitute a hardship to the owner, limited to 75 percent of the difference between the appraised market value and the selling price, but not to exceed $25,000; and

deleted text begin (3)deleted text end new text begin (4)new text end losses incurred as a result of the inability of an owner in hardship circumstances to sell the property due to the presence of harmful substances, limited to the increase in costs associated with the need to maintain two residences, but not to exceed $25,000.

(b) In computation of the loss under paragraph (a), clause deleted text begin (3)deleted text end new text begin (4)new text end , the agency shall offset the loss by the amount of any income received by the claimant from the rental of the property.

(c) For purposes of paragraph (a), the following definitions apply:

(1) "appraised market value" means an appraisal of the market value of the property disregarding any decrease in value caused by the presence of a harmful substance in or on the property; and

(2) "hardship" means an urgent need to sell the property based on a special circumstance of the owner including catastrophic medical expenses, inability of the owner to physically maintain the property due to a physical or mental condition, and change of employment of the owner or other member of the owner's household requiring the owner to move to a different location.

(d) Appraisals are subject to agency approval. The agency may adopt rules governing approval of appraisals, criteria for establishing a hardship, and other matters necessary to administer this subdivision.

Sec. 113.

Minnesota Statutes 2014, section 115B.48, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Owner or operator. new text end

new text begin "Owner or operator" means a person who: new text end

new text begin (1) owns or has owned a dry cleaning facility; or new text end

new text begin (2) owns or owned real property on which a dry cleaning facility operates or operated. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective only upon enactment of a transfer of $743,000 in fiscal year 2017 from the general fund to the dry cleaner environmental response and reimbursement account for reimbursement of remediation costs by persons other than responsible parties, as specified in article 3, section 2, subdivision 4. new text end

Sec. 114.

Minnesota Statutes 2014, section 116.02, subdivision 1, is amended to read:

Subdivision 1.

Creation.

A pollution control agency, designated as the Minnesota Pollution Control Agency, is hereby created. deleted text begin The agency shall consist of the commissioner and eight members appointed by the governor, by and with the advice and consent of the senate. One of such members shall be a person knowledgeable in the field of agriculture and one shall be representative of organized labor.deleted text end

Sec. 115.

Minnesota Statutes 2014, section 116.02, subdivision 5, is amended to read:

Subd. 5.

Agency is successor to commission.

The Pollution Control Agency is the successor of the Water Pollution Control Commission, and all powers and duties now vested in or imposed upon said commission by chapter 115, or any act amendatory thereof or supplementary thereto, are hereby transferred to, imposed upon, and vested in the deleted text begin Minnesotadeleted text end new text begin commissioner of thenew text end Pollution Control Agencydeleted text begin , except as to those matters pending before the commission in which hearings have been held and evidence has been adduced. The Water Pollution Commission shall complete its action in such pending matters not later than six months from May 26, 1967. The Water Pollution Control Commission, as heretofore constituted, is hereby abolished, (a) effective upon completion of its action in the pending cases, as hereinbefore provided for; or (b) six months from May 26, 1967, whichever is the earlierdeleted text end .

Sec. 116.

Minnesota Statutes 2014, section 116.03, subdivision 1, is amended to read:

Subdivision 1.

Office.

(a) The Office of Commissioner of the Pollution Control Agency is created and is under the supervision and control of the commissioner, who is appointed by the governor under the provisions of section 15.06.

(b) The commissioner may appoint a deputy commissioner and assistant commissioners who shall be in the unclassified service.

(c) The commissioner shall make all decisions on behalf of the agency deleted text begin that are not required to be made by the agency under section 116.02deleted text end .

Sec. 117.

Minnesota Statutes 2014, section 116.03, subdivision 2a, is amended to read:

Subd. 2a.

Mission; efficiency.

It is part of the agency's mission that within the agency's resources the commissioner deleted text begin and the members of the agencydeleted text end shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's resources and operate the agency as efficiently as possible;

(3) coordinate the agency's activities wherever appropriate with the activities of other governmental agencies;

(4) use technology where appropriate to increase agency productivity, improve customer service, increase public access to information about government, and increase public participation in the business of government;

(5) utilize constructive and cooperative labor-management practices to the extent otherwise required by chapters 43A and 179A;

(6) report to the legislature on the performance of agency operations and the accomplishment of agency goals in the agency's biennial budget according to section 16A.10, subdivision 1; and

(7) recommend to the legislature appropriate changes in law necessary to carry out the mission and improve the performance of the agency.

Sec. 118.

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

Subd. 4d.

Permit fees.

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

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

(c) The agency shall set fees that:

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

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

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

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

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

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

Sec. 119.

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

Subd. 4j.

Permits; solid waste facilities.

(a) The agency may not issue a permit for new or additional capacity for a mixed municipal solid waste resource recovery or disposal facility as defined in section 115A.03 unless each county using or projected in the permit to use the facility has in place a solid waste management plan approved under section 115A.46 or 473.803 and amended as required by section 115A.96, subdivision 6. The agency shall issue the permit only if the capacity of the facility is consistent with the needs for resource recovery or disposal capacity identified in the approved plan or plans. Consistency must be determined by the Pollution Control Agency. Plans approved before January 1, 1990, need not be revised if the capacity sought in the permit is consistent with the approved plan or plans.

(b) The agency shall require as part of the permit application for a waste incineration facility identification of preliminary plans for ash management and ash leachate treatment or ash utilization. The permit issued by the agency must include requirements for ash management and ash leachate treatment.

(c) Within 180 days of receipt of a completed application, the agency shall approve, disapprove, or delay decision on the application, with reasons for the delay, in writing.

new text begin (d) The agency may not issue a permit for a new disposal facility, as defined in section 115A.03, subdivision 10, or a permit to expand an existing disposal facility unless: new text end

new text begin (1) all local units of government in which the facility is to be sited and exercising their respective land use and zoning authority pursuant to chapter 366, 494, or 462 have granted approval for and provided any required public notices of the new or expanded facility prior to the issuance of the permit; new text end

new text begin (2) all local units of government in which the facility is to be sited and exercising their respective land use and zoning authority pursuant to chapter 366, 494, or 462 have authorized the permit to be issued prior to or concurrent with the required approval by the local unit of government; or new text end

new text begin (3) the new or expanded facility is part of and will be sited on land already identified in an approved solid waste management plan as described in paragraph (a). new text end

new text begin (e) The commissioners of the Pollution Control Agency and natural resources shall apply Minnesota Rules, parts 7001.3050, subpart 3, item G, and 7035.2525, subpart 2, item G, to solid waste facilities permitted under and in compliance with those rules and in compliance with Minnesota Rules, chapter 6132. 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. 120.

Minnesota Statutes 2014, section 116.07, subdivision 7, is amended to read:

Subd. 7.

Counties; processing of applications for animal lot permits.

Any Minnesota county board may, by resolution, with approval of the Pollution Control Agency, assume responsibility for processing applications for permits required by the Pollution Control Agency under this section for livestock feedlots, poultry lots or other animal lots. The responsibility for permit application processing, if assumed by a county, may be delegated by the county board to any appropriate county officer or employee.

(a) For the purposes of this subdivision, the term "processing" includes:

(1) the distribution to applicants of forms provided by the Pollution Control Agency;

(2) the receipt and examination of completed application forms, and the certification, in writing, to the Pollution Control Agency either that the animal lot facility for which a permit is sought by an applicant will comply with applicable rules and standards, or, if the facility will not comply, the respects in which a variance would be required for the issuance of a permit; and

(3) rendering to applicants, upon request, assistance necessary for the proper completion of an application.

(b) For the purposes of this subdivision, the term "processing" may include, at the option of the county board, issuing, denying, modifying, imposing conditions upon, or revoking permits pursuant to the provisions of this section or rules promulgated pursuant to it, subject to review, suspension, and reversal by the Pollution Control Agency. The Pollution Control Agency shall, after written notification, have 15 days to review, suspend, modify, or reverse the issuance of the permit. After this period, the action of the county board is final, subject to appeal as provided in chapter 14. For permit applications filed after October 1, 2001, section 15.99 applies to feedlot permits issued by the agency or a county pursuant to this subdivision.

(c) For the purpose of administration of rules adopted under this subdivision, the commissioner and the agency may provide exceptions for cases where the owner of a feedlot has specific written plans to close the feedlot within five years. These exceptions include waiving requirements for major capital improvements.

(d) For purposes of this subdivision, a discharge caused by an extraordinary natural event such as a precipitation event of greater magnitude than the 25-year, 24-hour event, tornado, or flood in excess of the 100-year flood is not a "direct discharge of pollutants."

(e) In adopting and enforcing rules under this subdivision, the commissioner shall cooperate closely with other governmental agencies.

(f) The Pollution Control Agency shall work with the Minnesota Extension Service, the Department of Agriculture, the Board of Water and Soil Resources, producer groups, local units of government, as well as with appropriate federal agencies such as the Natural Resources Conservation Service and the Farm Service Agency, to notify and educate producers of rules under this subdivision at the time the rules are being developed and adopted and at least every two years thereafter.

(g) The Pollution Control Agency shall adopt rules governing the issuance and denial of permits for livestock feedlots, poultry lots or other animal lots pursuant to this section. Pastures are exempt from the rules authorized under this paragraph. A feedlot permit is not required for livestock feedlots with more than ten but less than 50 animal units; provided they are not in shoreland areas. A livestock feedlot permit does not become required solely because of a change in the ownership of the buildings, grounds, or feedlot. These rules apply both to permits issued by counties and to permits issued by the Pollution Control Agency directly.

(h) The Pollution Control Agency shall exercise supervising authority with respect to the processing of animal lot permit applications by a county.

(i) Any new rules or amendments to existing rules proposed under the authority granted in this subdivision, or to implement new fees on animal feedlots, must be submitted to the members of legislative policy and finance committees with jurisdiction over agriculture and the environment prior to final adoption. The rules must not become effective until 90 days after the proposed rules are submitted to the members.

(j) Until new rules are adopted that provide for plans for manure storage structures, any plans for a liquid manure storage structure must be prepared or approved by a registered professional engineer or a United States Department of Agriculture, Natural Resources Conservation Service employee.

(k) A county may adopt by ordinance standards for animal feedlots that are more stringent than standards in Pollution Control Agency rules.

(l) After January 1, 2001, a county that has not accepted delegation of the feedlot permit program must hold a public meeting prior to the agency issuing a feedlot permit for a feedlot facility with 300 or more animal units, unless another public meeting has been held with regard to the feedlot facility to be permitted.

(m) After the proposed rules published in the State Register, volume 24, number 25, are finally adopted, the agency may not impose additional conditions as a part of a feedlot permit, unless specifically required by law or agreed to by the feedlot operator.

(n) For the purposes of feedlot permitting, a discharge from land-applied manure or a manure stockpile that is managed according to agency rule must not be subject to a fine for a discharge violation.

(o) For the purposes of feedlot permitting, manure that is land applied, or a manure stockpile that is managed according to agency rule, must not be considered a discharge into waters of the state, unless the discharge is to waters of the state, as defined by section 103G.005, subdivision 17, except type 1 or type 2 wetlands, as defined in section 103G.005, subdivision 17b, and does not meet discharge standards established for feedlots under agency rule.

(p) Unless the upgrade is needed to correct an immediate public health threat under section 145A.04, subdivision 8, or the facility is determined to be a concentrated animal feeding operation under Code of Federal Regulations, title 40, section 122.23, in effect on April 15, 2003, the agency may not require a feedlot operator:

(1) to spend more than $3,000 to upgrade an existing feedlot with less than 300 animal units unless cost-share money is available to the feedlot operator for 75 percent of the cost of the upgrade; or

(2) to spend more than $10,000 to upgrade an existing feedlot with between 300 and 500 animal units, unless cost-share money is available to the feedlot operator for 75 percent of the cost of the upgrade or $50,000, whichever is less.

(q) For the purposes of this section, "pastures" means areas, including winter feeding areas as part of a grazing area, where grass or other growing plants are used for grazing and where the concentration of animals allows a vegetative cover to be maintained during the growing season except that vegetative cover is not required:

(1) in the immediate vicinity of supplemental feeding or watering devices;

(2) in associated corrals and chutes where livestock are gathered for the purpose of sorting, veterinary services, loading and unloading trucks and trailers, and other necessary activities related to good animal husbandry practices; and

(3) in associated livestock access lanes used to convey livestock to and from areas of the pasture.

new text begin (r) A feedlot operator who stores and applies up to 100,000 gallons per calendar year of private truck wash wastewater resulting from trucks that transport animals or supplies to and from the feedlot does not require a permit to land-apply industrial by-products if the feedlot operator stores and applies the wastewater in accordance with Pollution Control Agency requirements for land applications of industrial by-product that do not require a permit. new text end

new text begin (s) A feedlot operator who holds a permit from the Pollution Control Agency to land-apply industrial by-products from a private truck wash is not required to have a certified land applicator apply the private truck wash wastewater if the wastewater is applied by the feedlot operator to cropland owned or leased by the feedlot operator or by a commercial animal waste technician licensed by the commissioner of agriculture under chapter 18C. new text end

new text begin For purposes of this paragraph and paragraph (r), "private truck wash" means a truck washing facility owned or leased, operated, and used only by a feedlot operator to wash trucks owned or leased by the feedlot operator and used to transport animals or supplies to and from the feedlot. new text end

Sec. 121.

Minnesota Statutes 2014, section 116C.991, is amended to read:

116C.991 ENVIRONMENTAL REVIEW; SILICA SAND PROJECTS.

(a) Until deleted text begin July 1, 2015deleted text end new text begin a final rule is adopted pursuant to Laws 2013, chapter 114, article 4, section 105, paragraph (d)new text end , an environmental assessment worksheet must be prepared for any silica sand project that meets or exceeds the following thresholds, unless the project meets or exceeds the thresholds for an environmental impact statement under rules of the Environmental Quality Board and an environmental impact statement must be prepared:

(1) excavates 20 or more acres of land to a mean depth of ten feet or more during its existence. The local government is the responsible governmental unit; or

(2) is designed to store or is capable of storing more than 7,500 tons of silica sand or has an annual throughput of more than 200,000 tons of silica sand and is not required to receive a permit from the Pollution Control Agency. The Pollution Control Agency is the responsible governmental unit.

(b) In addition to the contents required under statute and rule, an environmental assessment worksheet completed according to this section must include:

(1) a hydrogeologic investigation assessing potential groundwater and surface water effects and geologic conditions that could create an increased risk of potentially significant effects on groundwater and surface water;

(2) for a project with the potential to require a groundwater appropriation permit from the commissioner of natural resources, an assessment of the water resources available for appropriation;

(3) an air quality impact assessment that includes an assessment of the potential effects from airborne particulates and dust;

(4) a traffic impact analysis, including documentation of existing transportation systems, analysis of the potential effects of the project on transportation, and mitigation measures to eliminate or minimize adverse i